Agenda item

The purpose of the report is to update the Licensing and Safety Committee on the current list of Mandatory Conditions under the Licensing Act 2003. 

Discussion:

The Committee was updated on the current list of Mandatory Conditions under the Licensing Act 2003. The Licensing and Local Land Charges Manager advised that the Government had published revised Mandatory Licence Conditions at the end of June, which the Order indicated would come into force on the 1st October 2014 and the amendment would deal with changes to irresponsible drinks promotions. The Mandatory Condition preventing alcohol being dispensed directly into another person's mouth had been incorporated into the definition of an irresponsible promotion.

The main change however, was that the previous qualification that any drinks promotion was only irresponsible if it was carried on in a manner which 'carried a significant risk' of undermining one of the licensing objectives had disappeared. The Order then went on to split definitions of irresponsible drinks promotions into five categories, some of which were not qualified by the requirement that it carried such a significant risk. Three categories would be illegal under any circumstances: dispensing alcohol directly into a person's mouth; a game or activity which encouraged people to drink a quantity of alcohol within a certain time limit (other than drinking up time), or to drink as much alcohol as possible; and selling alcohol in association with any posters / flyers in the vicinity of the premises, which could reasonably be considered to condone, encourage or glamorise anti-social behaviour, or the effects of drunkenness, in a favourable manner.

However, two other forms of promotions - unlimited or unspecified quantities of alcohol being sold free or for a fixed or discounted fee, and the provision of free or discounted alcohol as a prize, to encourage or reward purchase or consumption of alcohol over a period of 24 hours or less, were only irresponsible if they were carried on in a manner where there was a significant risk of undermining one or more of the licensing objectives.

Therefore, drinks promotions which were commonly run across the country which discount alcohol on a certain evening of the week, were only deemed to be irresponsible in the event that they were carried out in a manner which carried with it a significant risk to the licensing objectives. The draft order was significantly different to the situation in Scotland, where all specified drinks promotions were banned outright. Only those games or activities requiring individuals to drink alcohol quickly, or selling alcohol in association with posters or flyers glamorising drunkenness or anti-social behaviour, would be banned completely.

The Chairman requested that information in relation to Mandatory Conditions be circulated to the Committee by email as and when any changes occur and that the changes then be reported to the Committee for information.

The Licensing and Local Land Charges Manager stated it had previously been the focus of the licensing authority to advise licensees of any changes to their mandatory conditions and when it happened. However, the Government now recognised the burden this put on licensing authorities and had advised that the Council just had to ensure licensees were made aware of changes to Mandatory Conditions. The Council’s legal team had been requested to provide advice on the best method including improved use of the Council website. Should the request to use of the website as the main source of information be  considered legally sound, then it was intended to have a webpage containing this information placed in a dominant position on the Council’s website. In addition, licensees would receive appropriate information contained in letters and flyers. The only time an actual licence would be amended would be when a variation for an existing licence was applied for.

Following a concern about a licensee being criticised for not displaying all the mandatory conditions along with a summary of the licence, the Licensing and Local Land Charges Manager advised that the Government did not expect for mandatory conditions to be displayed. However, this was one of the reasons that a legal viewpoint was being sought.

Contacting licensees by text and email was discussed as concern was raised about the possibility of some licensees not being confident Internet users. The Senior Licensing and Enforcement Officer stated that all relevant information had been included on the website and all visit sheets had been changed to reflect the new information.

In relation to applications being available to view on the Council’s website, the Licensing and Local Land Charges Manager described to the Committee what the administrative process involved in achieving this concluding with the need for an additional member of staff to undertake the work. In addition, the Licensing Team received very few requests to view applications which did not transfer to a need to have them available for viewing on the website.

The Licensing and Local Land Charges Manager confirmed that all licensees would receive a letter advising of where to find information on the changes to mandatory conditions, the relevant weblink and a reminder to check this weblink regularly for updates. In addition the licensing visiting officers would be briefed to pass on this information to licensees on their visits.

The Senior Licensing and Enforcement Officer stated that the licensees most affected by the changes in Mandatory Conditions would be targeted. The Council would be assisting licensees in the calculation of permitted pricing which was the most confusing Mandatory Condition.  There would also be more changes to come from the Government that would include the deregulation of certain types of licensed premises and licensable activities, which would also produce a reduction in demand for temporary event notices.

Decision:

(a)              That the Committee note the update in legislation as detailed in the report.

(b)              That all licensees to be adequately informed of the changes to the Mandatory Conditions, and of the legislative sources, with records of so doing being held by the Licensing Authority.