Agenda item

Licensing Act 2003 - Review of Statement of Licensing Policy

Meeting of Licensing Committee, Monday 7th August 2023 6.00 p.m. (Item 6/23)

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 the 999 emergency services would be aware as to where the kit was located, in order to access the kit, should they need to use it should an incident occur either inside or outside of the premises. Staff at the premises should be trained to use Bleed Control Kits. The kits were not just for victims of violence. Licensed premises had a lot of glassware and staff could also injure themselves. It was less likely for incidents / accidents to be fatal ones, where premises had Bleed Control Kits.

Further debate took place with regards to the wording, as detailed at paragraph 6.20, on page 27 of the main agenda report. It was agreed that the wording be amended, as follows: -

“The licensing authority expects those that operate licensed premises to do all that they can to ensure all people, particularly women and girls, feel safe on a night out. Therefore, we would encourage licence holders to implement schemes such as “Ask for Angela” and to promote such schemes to both staff and customers. We would also encourage licence holders to ensure staff receive awareness training in relation to drink-spiking and that other measures to tackle drink-spiking are taken where appropriate”.

In response to questions from the Committee with regard to premises having defibrillators, the Principal Officer (Licensing), WRS explained that licensed premises were not currently required to have one. Some village pubs that did have them usually kept on the outside of the building for ease of access for anyone who needed to use it.

Members raised questions with regard to the requirement for staff in licensed premises being suitably first aid trained, with this in mind it was agreed that an additional paragraph (6.27), be included as follows: -

“The licensing authority encourages licence holders to ensure that they have sufficient members of staff in place that have undertaken appropriate levels of training in delivering first aid”.

Members requested a further amendment to paragraph 6.37 with regards to premises offering alcohol delivery services, it was agreed that ‘Challenge 25’ be referred to, as detailed below: -

“In recent years there has been an increase in the number of licensed premises offering alcohol delivery services. The licensing authority expects those licence holders who provide such a service to have in place robust age-verification procedures (such as “Challenge 25”) at both the point of sale and the point of delivery to ensure that alcohol is not purchased by, or delivered to, children. These procedures should include the provision of training for delivery staff on requesting and verifying acceptable proof of age documentation at the point of delivery”.

The Principal Officer (Licensing), WRS further responded to questions in respect of what guidance / assessments were currently available for businesses and organisations with regard to the Terrorism (Protection of Premises) Draft Bill – “Martyn’s Law”.

Members were informed that it was in the very early stages and that the Bill had been published in draft form by the Government to allow for pre-legislative scrutiny of the legislation by the Home Affairs Select Committee. It had been included in the Statement of Licensing Policy, in order to highlight it, because it would be fundamental. There was currently not a lot of detail, however, there was some early guidance on the GOV.UK website.

An Information Report on the draft Bill had been included on the Licensing Committee’s agenda, Agenda Item 7, to further inform Members.

It was agreed that the ‘Table of Contents’ page 18 and page 39 of the main agenda report, be amended to show the full title, as follows: -

“Terrorism (Protection of Premises) draft Bill “Martyn’s Law”.

In respect of ‘Reviews’, as detailed on page 40 of the main agenda report; Members further requested that paragraph 11.8 be amended to include: -

“County Councillor, District Councillor and Parish Councillor”.

The Principal Officer (Licensing), WRS and the Democratic Services officer, noted all of the amendments as requested by the Committee as detailed in the preamble above.

In response to questions from Members on Cumulative Impact, the Principal Officer (Licensing), WRS, stated that currently the Council had not published a Cumulative Impact Assessment (CIA) as there was not currently any evidential basis on which to base such a decision. Members were further informed that there was no late night levy. Late night levies had to be viable in order to generate enough monies. There were only between 3 and 4 late night levies in place across England and Wales, as late night levies were seen as an additional burden on an already struggling night time economy.

RESOLVED that subject to the amendments as detailed in the preamble above being incorporated; that the amended, draft revised Statement of Licensing Policy, as detailed at Appendix 1 to the report and as amended during the course of the meeting, be approved for the purpose of consultation with relevant parties.

Supporting documents: