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Apologies and substitutions
Apologies were submitted on behalf of Councillors Hulbert, Moore, Richards, Smith and Sprason, with the substitution of Councillor Mayne for Councillor Hulbert authorised in accordance with Council Procedure Rule 4.
To confirm the minutes of the meeting held on 4 September 2013.
It was moved by Councillor Cartwright, seconded by Councillor Witherford and
RESOLVED – the minutes of the meeting held on 4 September 2013 be confirmed and signed by the Chairman.
Declarations of interest
To receive verbally from Members any disclosures which they are required to make in accordance with the Council’s Code of Conduct or in pursuance of Section 106 of the Local Government Finance Act 1992. This is in addition to the need for such disclosure to be also given when the relevant matter is reached on the agenda.
No interests were declared at this stage.
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.