Agenda item - Licensing Act 2003 - Approval for Consultation of revised Statement of Licensing Policy

Agenda item

Licensing Act 2003 - Approval for Consultation of revised Statement of Licensing Policy

Minutes:

The Committee considered a report which detailed the draft revised Statement of Licensing Policy for the purpose of consultation with relevant partners.

 

The Senior Licensing Practitioner, Worcestershire Regulatory Services (WRS), introduced the report and in doing so informed the Committee that the Council’s existing Statement of Licensing Policy, under the licensing Act 2003, had taken effect on 1st April 2014.  In accordance with the provisions of the Act, the Council was required to determine and publish a Statement of Licensing Policy at least every five years.  Therefore a new Statement of Principles must be published by 1st April 2019.

 

The draft revised Statement of Licensing Policy, attached at Appendix 1 to the report, detailed a number of amendments and additional sections (highlighted in red text), that had been made to the document to reflect the changes to legislation and guidance that had taken effect since the last Statement of Licensing Policy, 1st April 2014.

 

The following new sections had been included:

 

·         To explain the implications of the Immigration Act 2016 on the exercise of the Council’s functions under the Licensing Act 2003.

 

·         Information on how the Council would deal with applications for personal licences and how it would deal with situations where it was considering suspending or revoking personal licences.  The power to suspend or revoke personal licences was given to licensing authorities as a result of provisions within the Policing and Crime Act 2017.

 

·         Information in relation to the local powers to deregulate the licensing of late night refreshment providers that were introduced under the Deregulation Act 2015.

 

·         The section explaining the Live Music Act 2012 and other entertainment licensing deregulation had been updated to reflect further deregulatory measures that had taken effect since the last Statement of Licensing Policy was published.

 

·         The section regarding cumulative impact had been rewritten to reflect changes that had been made to licensing authorities powers to adopt special polices on cumulative impact as a result of the provisions of the Policing and Crime Act 2017.

 

Consultation on the revised draft Statement of Principles would take place with all of the relevant parties, as detailed in paragraph 3.16 of the report.   The consultation would be carried out over a period of eight to twelve weeks.  Responses received to the consultation would be presented to a future meeting of the Licensing Committee.

 

The Senior Licensing Practitioner, WRS, responded to questions from Members and explained that with regard to Cumulative Impact, the evidence had to be there, evidence from the local police. 

 

A Cumulative Impact Assessment (CIA) could be published by a licensing authority to help it limit the number or types of licence applications granted in the areas where there was evidence to show that the number or density of licensed premises in the area was having a cumulative impact and leading to problems which were undermining the licensing objectives. 

 

Currently the Council had not published a CIA as there was not currently any evidential basis on which to base such a decision.

 

The Senior Licensing Practitioner, WRS, responded to further questions with regard to those consulted with; and if the Council’s Depot services could be included on the list of consultees, as they had to deal with excess litter / rubbish from premises.

 

The Committee were informed that the relevant parties consulted with, as detailed in paragraph 3.16 of the report, was a prescribed list of consultees and that list could not be expanded by officers.  The Senior Licensing Practitioner, WRS, suggested that it was more appropriate for officers from the depot, who attended the Bromsgrove Town Centre meetings; to raise any issues or concerns with regards to excess litter / rubbish from any licensed premises across the district, at the Bromsgrove Town Centre meetings.

 

RESOLVED that the draft revised Statement of Licensing Policy, as detailed at Appendix 1 to the report, be approved for the purpose of consultation with relevant parties.

Supporting documents: