Issue - meetings

Council is asked to consider and approve the Statement of Licensing Policy following consultation and support of the Licensing Committee.

Council received the Statement of Licensing Policy which had been deferred at the last meeting for consideration of the Late Night Levy by the Licensing Committee. The Licensing Committee had duly considered the matter and recommended the Statement of Licensing Policy to Council for approval. It was moved by Councillor Hall, seconded by Councillor Surtees and

RESOLVED – the Licensing Policy be approved and adopted.

Report of the Deputy Chief Executive (Community Direction) presenting the revised Statement of Licencing Policy following consultation and support by the Licensing Committee.

Consideration was given to the Statement of Licensing Policy which, following consultation, had been endorsed by the Licensing Committee. It was moved by Councillor Hall and seconded by Councillor Ladkin that the Statement be approved.

A member recalled the discussion of the Licensing Committee on 26 August with regard to implementing a Late Night Levy and that the committee had agreed to revisit that specific matter at a future meeting, and whilst it was acknowledged that this would not affect approval of the Statement of Licensing Policy, it was felt that a decision should not be made until consideration had been given to Late Night Levy. It was moved by Councillor Cartwright and seconded by Councillor Witherford that the report be deferred, which was supported by Councillor Hall as proposer of the original motion. Upon being put to the vote the motion was carried and it was

RESOLVED – the Statement of Licensing Policy be deferred to the next ordinary meeting to allow for discussion by the Licensing Committee on the Late Night Levy.

Report of the Deputy Chief Executive (Community Direction).

Members gave consideration to the Statement of Licensing Policy which had been subject of consultation before being brought to the Licensing Committee and then Council for adoption. The following points were made during the discussion:

·         The exclusion of the Crescent development in the saturation area

·         The main changes in the revised policy being sections 6 (adult entertainment) and 10 (boxing)

·         Recent applications for opening until 5am (which had only been granted until 4am by the committee).

Discussion ensued on the late night levy, which had been considered in 2011 but rejected. Members felt that this should be revisited and asked for a report later in the year.

It was moved by Councillor Witherford, seconded by Councillor Hodgkins and

RESOLVED –

(i)            The report and policy be endorsed and RECOMMENDED to Council for approval;

(ii)           A report on the late night levy be brought to a future meeting.

Report of the Deputy Chief Executive (Community Direction) attached.

The Licensing Officer presented the draft Statement of Licensing Policy as required by the Licensing Act 2003. During discussion, the following points were raised:

·         Paragraph 1.3.1 of the policy referred to the provision of late night refreshment between 9pm and 5am. It was noted that this should have read 11pm and 5am.

·         With regard to paragraph 2.1.3, a member asked how ‘reasonable rights’ could be defined. In response it was noted that it was left quite vague as it was usually defined as a result of high court cases and resulting changes to legislation.

·         The definition of ‘Irresponsible Drinks Promotions’ was discussed (paragraph 3.3) and it was noted that a promotion could only be considered irresponsible if a problem occurred which could be linked to a particular promotion at a particular premises on a particular date and would be a Police matter.

·         Due to a crossover of two pieces of legislation, some licensable activities may be carried out up to eleven times per year without having to obtain a licence.

·         The Saturation Policy was currently under review in conjunction with the Police as the current policy (agreed in 2004) restricted numbers to 25 licensed premises in a defined area. There were now far less than 25 premises in that area, but there was evidence to show that a policy was still required. It was suggested that the reference in 8.4.6 be amended to reviewing the Saturation Policy every five years in line with the review of the Licensing Policy.

·         Concern was expressed that, under the new policing arrangements, the Police would not have the resources to cover town centres at night and that they may need to introduce a late night levy in order to raise the funds to provide the policing support. It was reiterated that areas in a Business Improvement District may not wish to introduce a levy as businesses would be paying twice.

·         A change to the definition of ‘other persons’ (paragraph 9.2.3) meant that anyone could make representations on an application, not just people living nearby.

·         New parts of the policy were explained, including Community Ancillary Notices (CAN), which were intended to help small businesses or community groups who may wish to sell alcohol occasionally.

·         A member requested that in section 10.4, and references to boxing and wrestling also include ‘fighting’.

It was moved by Councillor Cartwright, seconded by Councillor O’Shea and

RESOLVED – the Licensing Policy be approved for consultation.