Agenda item

The purpose of the report is to seek approval of the Licensing and Safety Committee for the Medway Licensing Team to adopt the joint Kent and Medway Licensing Compliance and Enforcement Protocol in as much as it applies to the activities carried out by this section of the Council.  

Discussion:

The Licensing and Local Land Charges Manager advised that the reason for the report to come to Committee was that certain elements of the Protocol were not covered by the Council’s Licensing Team for example, items covered by trading standards. The Protocol enhanced and encouraged partnership working, joint understanding and the co-operation of shared objectives. There would be regular consultation to keep the information up to date.

Protocols had been established with organisations the Council worked in partnership with on licensing compliance and enforcement issues. The Kent & Medway Regulatory Licensing Steering Group, of which Medway Licensing was a member, had formalised these protocols including liaison agreements and effective practice by way of an agreement between all relevant parties.

In adopting this document the parties agree to:

·                    Continue to promote the spirit of co-operation that exists between the relevant agencies;

·                    Recognise the benefits to be derived from developing close working relationships;

·                    Seek to enhance the understanding of the advantages and opportunities which joint activity can bring to effective enforcement and community safety;

·                    Promote the legitimate exchange of information and operational co-operation in support of shared objectives.

Each party to the protocol undertakes:

·                    To regularly consult with each other upon matters of policy and strategy;

·                    To ensure that the information it holds is accurate and up to date;

·                    That information disclosed by any party will be kept secure by the partner to whom it has been provided.

When handling the media, all parties to this protocol agree:

·                    To be fair to other organisations and maintain their integrity;

·                    When providing information to do so honestly and fairly;

·                    Statements must reflect the multi-agency decision process or, clearly identify the statement as the independent position of an individual organisation;

·                    Consent of the data owner will be sought prior to releases of information to all third parties.

In response to a question about the “Golden Rules” (page 32) and the application if the Data Protection Rules, the Senior Licensing and Enforcement Officer advised that personal information such as a home addresses, contact telephone numbers and dates of birth were all protected under the Data Protection Act. However, if the Council was liaising with the Police, for example, about an individual, personal information could be shared for a specific and valid reason and an audit trail must be created.  The Council could not share personal information with local residents.

A further question was raised about, for instance, a Designated Premises Supervisor or a licensee transferring from another county into Kent. The Senior Licensing and Enforcement Officer advised there was no central database holding personal information such as this and the only central agency was the Audit Commission. If Medway Council had an issue with such an individual, the Council could apply to the issuing authority for information. The Council could also ask the individual to verify their identity if necessary.

The Committee noted that the year after the Crime and Disorder Act entry on page 25 of the report should read 1998.

Decision:

The Committee adopts the Kent and Medway Licensing Compliance and Enforcement Protocol for use by the Medway Licensing Team in respect of only the relevant legislation and licenses covered at any time by this section of the Council – the Licensing Team.