Issue - meetings

This report requests that Council approves an amendment to the Council’s Cumulative Impact Policy, following a recommendation from Kent Police that the policy should no longer apply to premises license applications for the sale of alcohol for consumption on the premises.

Discussion:

This report requested Council approval of an amendment to the Council’s licensing Cumulative Impact Policy.

The report advised that where the Cumulative Impact Policy was applied, and there were relevant representations, there was rebuttable presumption of refusal by the Authority in all but exceptional circumstances, unless the applicant could demonstrate that the premises would not adversely affect the licensing objectives.

The Licensing and Safety Committee had considered the Policy on 8 April 2021, with the Committee having agreed that the evidence presented continued to support the retention of a Cumulative Impact Policy for the promotion of the licensing objectives.

The Committee had agreed with the conclusion of Kent Police that the Cumulative Impact Policy should no longer apply to premises licence applications for the sale of alcohol for consumption on the premises. As this would require an amendment to the Cumulative Impact Policy, contained within the Statement of Licensing Policy, the Committee recommended these changes to full Council.

The Portfolio Holder for Planning, Economic Growth and Regulation, Councillor Chitty, supported by Portfolio Holder for Resources, Councillor Gulvin, proposed the recommendations set out in the report.

Decision:

The Council:

a)    Approved an amendment to Policy 17 of the Statement of Licensing Policy, Cumulative Impact Policy, the amended policy statement to read:

This policy applies to applications for new premises licences, substantial variations and provisional statements, for the sale of alcohol for consumption off the premises.

It is the Authority’s policy to refuse applications for the sale of alcohol for consumption off the premises for premises licenses which fall within the Cumulative Impact Policy areas, dependent on the specific policies in these areas.’

b)    Approved an amendment to Policy 18 of the Statement of Licensing Policy, Stress Area Policy, the amended policy statement to read:

‘This policy applies to applications for new premises licences, substantial variations and provisional statementsfor the sale of alcohol for consumption off the premises.

It is the Authority’s policy to expect applications for the sale of alcohol for consumption off the premises for premises licencesin Stress Areas to demonstrate they will promote the licensing objectives so as not to add to the alcohol harms in these areas, dependent on the specific policies in these areas.

When its discretion is engaged it is the policy of the Authority that applications for the sale of alcohol for consumption off the premises which fail to demonstrate this are likely to be refused, or have conditions placed on the licence consistent with the promotion of the licensing objectives.’

c)    Agreed to delegate authority to the Chief Legal Officer to, in consultation with the Portfolio Holder for Planning, Economic Growth and Regulation, make any related amendments to the Statement of Licensing Policy to ensure consistency with these amended policy statements.

Councillors Adeoye, Bowler, Curry, Howcroft-Scott, Johnson, Khan, Maple, Murray, Price and Andy Stamp requested that their votes in favour of the decision be recorded in accordance with Council Rule 12.6.

To present the Cumulative Impact Assessment (CIA) to Members and ask for consideration as to whether the evidence gathered and prepared in this report is sufficient and appropriate to justify the continued existence of the current Cumulative Impact Policy (CIP). The fresh evidence for the Cumulative Impact Assessment has been collated following consultation with consultees in accordance with S5(s) of Licensing Act 2003.

Discussion:

The Committee considered a report on the evidence collected for the Cumulative Impact Assessment (CIA). Members were asked to consider whether this evidence was sufficiently robust to justify the continued existence of the current Cumulative Impact Policy (CIP) as an effective tool for considering premises licence applications in areas of high alcohol related harms.

The Senior Licensing Officer reported that, in addition to the consultation responses appended to the report, a further response had been received from Councillor Williams.  All the responses, from Kent Police, the Director of Public Heath, Councillor Williams and a local resident, supported the continuation of the Cumulative Impact Policy based on the evidence in the assessment.

The Senior Licensing Officer further reported that in their response, Kent Police stated that they had reviewed the new evidential data contained within the Cumulative Impact Assessment report and did not consider the evidence was sufficient to justify the continued application of the Cumulative Impact Policy in relation to new on-sale premises licence applications.

Members considered the evidence, and the view was expressed that the CIP had been a success and had resulted in an improvement in the quality of premises licence applications submitted. There was support for the conclusion of Kent Police that the evidence did not demonstrate that there was an issue with on-sale premises.

Decision:

The Committee:

a)     agreed that the evidence in the Cumulative Impact Assessment continued to support the requirement for a Cumulative Impact Policy in that it showed that it would be inconsistent with the licensing objectives to grant applications for premises licenses in the areas identified; and

b)     supported the conclusion of Kent Police that the Cumulative Impact Policy should no longer apply to premises licence applications for the sale of alcohol for consumption on the premises.

In accordance with Council rule 12.6, Councillors Browne, McDonald and Prenter requested that their votes in favour be recorded.