Agenda and minutes
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Election of Chairman Minutes: RESOLVED that Councillor J. Elledge be elected Chairman of the Committee for the ensuing municipal year.
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Election of Vice-Chairman Minutes: RESOLVED that Councillor B. McEldowney be elected Vice-Chairman of the Committee for the ensuing municipal year.
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To receive apologies for absence and notification of substitutes Minutes: There were no apologies for absence. |
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Declarations of Interest To invite Councillors to declare any Disclosable Pecuniary Interests or Other Disclosable Interests they may have in items on the agenda, and to confirm the nature of those interests. Minutes: There were no declarations of interest. |
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Minutes: The minutes of the Licensing Committee meeting held on 27th March 2023 were submitted.
RESOLVED that the minutes of the Licensing Committee meeting held 27th March 2023, be approved as a correct record.
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Licensing Act 2003 - Review of Statement of Licensing Policy Additional documents:
Minutes: The Committee considered a report which detailed the draft revised Statement of Licensing Policy for the purpose of consultation with relevant partners.
The Principal Officer (Licensing), 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 2019. 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 2024.
The draft revised Statement of Licensing Policy, attached at Appendix 1 to the report and a summary of proposed amendments, attached at Appendix 2 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 had taken effect on 1st April 2019. There were no major fundamental changes, the document had been refreshed and updated.
The draft revised policy was based on the same template as the existing policy, which all of the Statements of Licensing Policy across Worcestershire were now based upon.
Consultation on the revised draft Statement of Principles would take place with all of the relevant parties, as detailed in paragraphs 3.4 and 3.11 of the report. The consultation would also be made available for comment via the Council’s website, publicised via social media and also through the local press. Any responses received to the consultation would be presented to a future meeting of the Licensing Committee.
The Principal Officer (Licensing), WRS responded to questions from Members with regard to making “Ask for Angela” and Bleed Control Kits mandatory for all new licences, or for premises that had a record of violence at the premises.
It was highlighted that “Ask for Angela” and Bleed Control Kits could not be made mandatory. However, any new premises licence applicant would on their application form have to describe the steps they intended to take to promote the four licensing objectives, and should when doing so, have regard to the Council’s Statement of Licensing policy. If “Ask for Angela” and Bleed Control Kits were not adopted, then conditions could be included on the premises licence, if there was sufficient evidence that warranted the inclusion of such conditions.
The Council’s Legal Advisor further reiterated that new premises licence applications and premises reviews were considered on their own merits. If it was evidenced based, then Licensing Sub-Committee Members could impose conditions on new premises licences or when reviewing a premises licence; where it was evidenced that a premises was problematic.
The Principal Officer (Licensing), WRS further highlighted that licensed premises that did have Bleed Control Kits were encouraged to highlight as to where the kits could be located in the premises for ease of access. If the Bleed Control Kit was properly registered than ... view the full minutes text for item 6/23 |
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Terrorism (Protection of Premises) Draft Bill - "Martyn's Law"- Information Report Additional documents: Minutes: Members received an information report on the Terrorism (Protection of Premises) draft Bill “Martyn’s Law” which had been published in draft form by the Government to allow for pre-legislative scrutiny of the legislation by the Home Affairs Select Committee.
The report was prepared in order to provide Members with information on the provisions contained in the draft bill and how these may impact and interact with the Council’s role as a licensing authority under the Licensing Act 2003.
The Principal Officer (Licensing), WRS drew Members’ attention to the Service / Operational Implications, as detailed page 70 of the main agenda report.
On 22nd May 2017, twenty-two people were killed in a terror attack at the end of a concert taking place at the Manchester Arena. In addition to those who lost their lives, hundreds of others were injured.
In October 2019 the Home Secretary established the Manchester Arena Inquiry, a statutory public inquiry set up to investigate the deaths of the victims of the attack.
As well as establishing the public inquiry, in its 2019 manifesto the Government made a commitment to improve the safety and security of public venues. Further to that manifesto commitment, the Government launched a public consultation in February 2021 on proposals to bring in legislation to implement a “Protect Duty” to ensure that those responsible for publicly accessible locations were ready and prepared to take appropriate action, were a terrorist attack to happen.
The “Protect Duty” had also become widely known as “Martyn’s Law” in tribute to Martyn Hett who lost his life in the Manchester Arena attack.
Alongside its consultation response document, the Government published a draft version of the Terrorism (Protection of Premises) Bill. At the same time, the Government also wrote to the Home Affairs Select Committee to invite the Committee to conduct pre-legislative scrutiny of the draft legislation. A copy of the draft bill was attached at Appendix 1 to the report.
The Principal Officer (Licensing), WRS, further informed Members that since the Licensing Committee agenda had been published, the Home Affairs Select Committee had responded and that their draft recommendations were available to view on the Governments website.
Qualifying public premises may be located within other premises, such as a retail store within a shopping centre. The requirements would not apply to premises (or parts thereof) that were used as private dwellings or offices. Qualifying public premises may be either standard duty premises or enhanced duty premises. Enhanced duty premises were those with a public capacity of 800 individuals or more. Standard duty premises were those with a capacity of 100 to 799 individuals. The Bill allowed for provision to be made for some premises to be treated as standard duty premises when they would otherwise be enhanced duty premises, and vice versa.
Members were further informed that there was currently no indication as to who would be ‘The Regulator.’ The regulator would primarily provide a guidance function for businesses; and also have the ability to impose a range ... view the full minutes text for item 7/23 |
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Licensing Committee Work Programme 2023/2024 Minutes: The Committee noted the Work Programme for 2023/2024.
RESOLVED that the Licensing Committee Work Programme for 2023/2024, be noted.
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