Agenda item - Licensing Act 2003 - Review of Statement f Licensing Policy - Consideration of responses received to consultation

Agenda item

Licensing Act 2003 - Review of Statement f Licensing Policy - Consideration of responses received to consultation

Minutes:

Following on from the Licensing Committee meeting held on 7th August 2023, whereby Members approved the draft revised Statement of Licensing Policy for the purpose of consultation.  Members were now being asked to consider the responses received to the consultation and the changes incorporated into the revised draft Statement of Licensing Policy as a result of the responses received.

 

It was noted that Bromsgrove District Council’s existing Statement of Licensing

Policy was published with effect from 1st April 2019.

 

The Principal Officer (Licensing), WRS, presented the report and in doing so informed Members that the consultation exercise was carried out from 11th August until 20th October 2023.  It was noted that these dates had been omitted from paragraph 3.12, on page 17 of the main agenda report.

 

Two responses to the consultation survey were received one from a Parish

Councillor and a consultee responding on behalf of the Chief Officer of West

Mercia Police, as detailed at Appendix 2 to the report.

 

The consultee on behalf of the Chief Officer of Police was supportive of all of

the proposed amendments to the Statement of Policy document and did not

believe that any further revisions were required.

 

The Parish Councillor was also supportive of the proposed amendments to the

Statement of Policy document, but had made a number of comments including

a suggestion that the Council should make a further change to the document to

say that noise issues reported to local authorities should be followed up and

actioned where appropriate.

 

As detailed in the report, officers believed that the Statement of Licensing Policy

already addressed this issue in paragraphs 6.28 to 6.34 (Prevention of public

nuisance), paragraphs 11.1 to 11.14 (Reviews) and paragraphs 17.1 to 17.7

(Enforcement and complaints).  On that basis, officers were of the opinion that

the comments received from the Parish Councillor did not require any further

amendment to be made to the revised Statement of Licensing Policy document.

 

However, Members were asked to note that, during the consultation period,

officers noticed that a further minor change was required to the text of the draft

Statement of Licensing Policy at paragraph 6.37.  The change was necessary

in order to reflect the fact that the United Kingdom (UK) had left the European

Union (EU) and to make clear that photocard driving licences issued in both the

UK and EU were acceptable forms of proof of age.

 

The Principal Officer (Licensing), WRS, responded to questions from Members

with regards to:-

 

·                     sufficient members of staff in place that have undertaken first aid training.

·                     Terrorism (Protection of Premises Bill) / Martyn’s Law.

·                     Number of responses received to the Consultation.

·                     Licensing Conditions and Planning Conditions.

·                     Fire Safety.

·                     Representations made by the police, as referred to in paragraph 7.12.  

 

The Principal Officer (Licensing), WRS, further clarified that the Statement of Licensing Policy was usually reviewed every 5 years, but Members were not restricted to this timeline.  However, officers envisaged that further information and guidance would be issued on the Terrorism (Protection of Premises Bill) Martyn’s Law, as this legislation was still under development and any other substantial changes; may require an earlier review of the Statement the Statement of Licensing Policy.

 

A small typo error was noted in paragraph 7.12.  The Democratic Services Officer noted this and advised that this would be corrected.   

 

RECOMMENDED that

 

(a)  Council approve the revised Statement of Licensing Policy, as detailed at Appendix 3 to the report, and

 

(b)  the Statement of Licensing Policy be published to take effect on 1st April 2024.

Supporting documents: