Agenda item

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 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.

b)     The Council agreed the amendments to the Licensing and Safety Committee’s terms of reference, as set out in Appendix D to the report.