Issue - meetings

This report sets out the Council’s Statement of Licensing Policy for approval.

Discussion:

This report provided details of the review of the Council’s Statement of Licensing Policy. There had been considerable changes in legislation over the last twelve months through the Police Reform and Social Responsibility Act 2011, which had been included in the draft statement for consultation.

The Licensing and Safety Committee considered the outcome of consultation of the draft policy on 7 March 2013 and its comments were set out in paragraph 6 and Appendix E to the report.

A Diversity Impact Assessment Screening Form (DIA) had been undertaken on the draft policy, as set out in Appendix C to the report. The screening concluded that a full DIA was not necessary, however, a couple of actions had been identified for future reviews.

The Portfolio Holder for Community Safety and Customer Contact, Councillor O’Brien supported by the Portfolio Holder for Corporate Services, Councillor Mason, proposed the recommendations set out in the report with an addition to recommendation 9.1, as a result of a meeting between local residents and the Chairman of the Licensing and Safety Committee, as follows:

Council is asked to approve the draft Statement of Licensing Policy as set out in Appendix A to the report with effect from 1 May 2013 subject to the following additions to the Statement of Licensing Policy:

The following to be added after the section on Weight of Police Evidence (sections 52 and 53 of the policy)

Protection of Children

The protection of children from harm is an important licensing objective. Nevertheless, Medway Council will not normally impose conditions requiring or prohibiting the admission of children to any premises, believing this should remain a matter of discretion for the licence holder and takes account of the view of Government that the use of licenced premises by children should be encouraged. However, it will, where appropriate, impose conditions designed to protect children.

Policy

While in some circumstances it may be appropriate to impose a complete prohibition, Medway Council may in other situations consider imposing requirements such as the example conditions set out in Appendix 6 (pool of example conditions) to the Statement of Licensing Policy.

In addition, Medway Council will use all statutory functions to ensure the protection of children from harm with particular emphasis on the sale of alcohol to underage persons.

Reasons

These policies are designed to allow flexibility for the licensee to ensure that, where appropriate, licensed premises are suitable for children but to ensure they are adequately protected.

Decision:

a)     The Council approved the draft Statement of Licensing Policy as set out in Appendix A to the report with effect from 1 May 2013 subject to the following additions to the Statement of Licensing Policy:

The following to be added after the section on Weight of Police Evidence (sections 52 and 53 of the policy)

Protection of Children

The protection of children from harm is an important licensing objective. Nevertheless, Medway Council will not normally impose conditions requiring or prohibiting the admission of children to any premises, believing this  ...  view the full minutes text for item 1067

The purpose of this report is to ask the committee to consider the comments received following public consultation on the draft Statement of Licensing Policy and to make recommendations to forward to Council on 25 April 2013. 

Discussion:

The Licensing and Local Land Charges Manager submitted a report which set out the draft Statement of Licensing Policy, including comments received following public consultation and some minor proposed amendments to the Committee’s terms of reference.

She stated that there had been considerable changes in legislation over the last twelve months through the Police Reform and Social Responsibility Act 2011 that have been included in the draft statement for consideration, which was attached at Appendix A to the report. These changes included:

·              Statement of Licensing Policy to be reviewed every five years instead of every three years

·              Abolition of the vicinity test – allowing anyone in the country to send a relevant representation or an application

·              Locally set fees

·              Late night levy

·              Early Morning Alcohol Restriction Orders

·              The Primary Care Trust (soon to be the Medway Clinical Commissioning Group) had become a responsible authority for the notification of an application and being able to respond to it

·              The use of the word “appropriate” instead of “necessary” - amended by S109 Police Reform and Social Responsibility Act, introduced with a view to lowering the evidential threshold required for a Licensing Authority to make such decisions which may be harder to challenge on appeal

·              Review of a licence can now be made by a responsible authority or any other person

·              Changes to standard Temporary Event Notices (TENs)

·              Introduction of a late Temporary Event Notice with no hearings and no right of appeal.

As part of the review of the Statement of Licensing Policy, the draft documentation had been correctly advertised as part of a six-week consultation.

She stated that not all the requests within the responses could be considered, as they did not meet the requirements of the legislation or guidance in respect of licensing. In these cases a short explanation had been provided against each request for inclusion.

The main areas of concern to come out of the consultation related to Temporary Event Notices (TEN) and Cumulative Impact Policies. In respect of Temporary Event Notices, the current legislation under Part 5 of the Licensing Act 2003 sections 98 to 110 allowed for the following: A TEN was a form that was provided to the local Council, the Police and Environmental Health, letting them know about the planned event and she explained the difference between the two types of TEN, namely a standard TEN, which was to be submitted no later than 10 working days before the event to which it related or a late TEN, which was to be submitted not before 9 and not later than 5 working days before the event. It was noted that a TEN was for a relatively small-scale event attracting fewer than 500 people, lasting no more than 168 hours either outdoors or indoors. Any premises could be used for 12 temporary events per year, up to a total maximum of 21 days. The temporary event holder needed to be aged 18 or over.

She explained the number of TENs which could  ...  view the full minutes text for item 913