Meeting documents

Licensing and Safety Committee
Tuesday, 18 September 2007

Licensing and Safety Committee
Tuesday, 18 September 2007
6:00 pm to 6:20 pm
Record of the meeting

This record is subject to approval at the next meeting

PRESENT: 
Committee members:Councillors Andrews (Vice-Chairman in the chair), Kenneth Bamber, Mrs Etheridge, Mrs Haydock, O'Brien and Kemp
Substitute members:Councillor Avey (for Councillor Hicks)
Councillor Bowler (for Councillor Harriott)
Councillor Ward (for Councillor Mrs Diane Chambers (Chairman))

223RECORD OF THE MEETING
 
The record of the meeting held on 20 March 2007 was signed by the Chairman as correct.
224APOLOGIES FOR ABSENCE
 
Apologies for absence were received from Councillors Mrs Diane Chambers (Chairman), Tony Goulden, Harriott, Hicks, Kearney and McFarlane.
225LICENSING ACT 2003 - REVIEW OF COUNCIL STATEMENT OF LICENSING POLICY
 Discussion:
 
The Head of Enforcement, Litigation and Licensing gave a brief introduction to the report and explained that it was necessary for the Council to review the licensing policy every three years. He stated that officers felt the current policy was working well and had not been subject to any legal challenge. There were a few minor amendments by way of `housekeeping' partly as a result of revised guidance and revisions to the fire regulations.
He then responded to a number of questions and clarified that there were separate policies in respect of other aspects of licensing work, such as tattoo parlours and adult shops, but that this policy related mainly to alcohol and crime reduction and community matters.
Following a query he stated that the partnership working referred to in paragraph 1.13 of the policy was working well. He mentioned an alcohol forum will be held in March 2008, led by Kent Police, which will encourage more control on drinking taking place in licensed premises. He also stated that he was unaware of anti social behaviour being moved to other areas of Medway because of the alcohol control zone being in operation in Rochester. He clarified that the Police only enforced the zone in cases of anti social behaviour. As such drinking in a public place could still take place as long as there was no anti social behaviour involved.
In relation to paragraph 1.29 of the policy Members queried why they had not received the annual report on licensing matters from the Chief Officer of Police referred to in that paragraph. The Strategic Enforcement Manager undertook to look into this. A suggestion was made that an invitation could be extended to the Chief Officer of Police to attend the Business Support Overview and Scrutiny Committee when it considered the policy.
Discussion then took place regarding the Member task group on drugs and alcohol, which was currently ongoing. In response to a further question the senior lawyer present stated that while this was a necessary review of the licensing policy currently being undertaken revisions could be made on an ongoing basis where it was felt necessary. In the event that the Member task group came up with suggested changes these could be taken into account.
A request was made that the licensing objectives set out in paragraph 2 of the policy be clarified as 2.4 mentioned a selection of control measures being set out in 2.3 but none were actually set out in that paragraph. The senior lawyer present stated that the control measures were set out in each section rather than that specific paragraph but, nonetheless, undertook to attempt to clarify the policy on this issue.

A further suggestion was made that it would be helpful if the policy were able to show a start date and revision date. The senior lawyer stated that it would be possible to show which version the policy was.
Members paid tribute to the Licensing Manager, his team and the legal staff for the successful implementation of the licensing policy, which had not generated any legal challenge, they felt this in itself was a credit to the work of the staff involved.
 > Appendix 1 (pdf file 81.2kb)
 > Licensing Act 2003 - Review of Council Statement of Licensing Policy (pdf file 16.9kb)
 Decision:
 
 (a)the Committee agreed, subject to the minor 'housekeeping' amendments set out in paragraph 5.2 of the report, that the licensing policy is not revised at this time;
 (b)it was agreed that appropriate publicity be given to the decision of the Committee; and
 (c)following consideration by Business Support Overview and Scrutiny Committee, it was agreed that the matter be referred to Cabinet and Council for approval on 6 and 22 November 2007 respectively.