Agenda item

The purpose of this report is to update the Licensing and Safety Committee on the current changes in legislation affecting Licensing in respect of (1) The Licensing Act 2003 (Descriptions of Entertainment) (Amendment) Order 2013 and (2) The Scrap Metal Dealers Act 2013.

Discussion:

The Local Land Charges and Licensing Manager introduced a report updating members on the current changes in legislation affecting licensing. The Licensing Act 2003 (Descriptions of Entertainment)(Amendment) Order 2013 came into force on 27 June 2013. The changes include the removal of the need for entertainment licenses between 8am and 11pm for performances of plays and exhibition of dance (up to audience limits of 500 people) and indoor sports up to audiences of 1000 people. The order also clarified that combined fighting sports such as mixed martial arts and exhibitions of dance of a sufficiently adult nature would not be deregulated.

The Local Land Charges and Licensing Manager drew attention to Appendix A to the report setting out a Working Draft of Guidance related to Regulated Entertainment and outlined the affect of the legislation on conditions relating to live music in licensed premises in that any existing conditions on relevant licensed premises would remain in place but were suspended between the hours of 8am and 11pm. However, she advised that on a review of a premises licence a  Licensing Authority was permitted to lift the suspension and give renewed effect to any existing condition.

The Local Land Charges and Licensing Manager informed members that the Scrap Metal Dealers Act 2013 will come into force in October 2013. The new act would revise the regulatory regimes for scrap metal dealing and vehicle dismantling and give local authorities increased powers including the power to refuse a licence and powers to revoke licences if the dealer was considered unsuitable.

The Act would introduce two types of licences either a site licence or a collector’s licence. A person could only hold one licence in a Local Authority’s area but could hold a licence in more than one local authority. Members were assured that they would be informed of how the Scrap Metal Dealers Act works in practice once guidance becomes available from central government and this would be brought back to the Committee in due course.

The Local Land Charges and Licensing Manager, referring to the report of the Senior Licensing and Enforcement Officer at Minute 207 above, referred to the proposals to amend the street trading policy as this had not been updated since Medway Council was created. It was proposed that this new policy would introduce consistent Trading Consent fees on a scale relevant to the period for which the street trading consent was being requested. In addition, it was intended that an applicant would be required to specifically state the roads in which they intended to trade. IT was also intended that applications for Street Trading Consents would be the subject of consultation with relevant parties, e.g. the Police, the Children’s and Adult’s Services and local businesses.

Members were advised that a new computer system would be introduced that will detail all licences issued or pending for individual Wards.  This would help build up a picture of the number of licences and types of licensed premises in one particular area.

Members discussed the report and the Local Land Charges and Licensing Manager responded to questions raised.

It was noted that it was intended to introduce the revised Street Trading Consents Scheme in April 2014 and therefore this would be the subject of a further report to the Committee later in the year and would also be the subject of consultation.

During discussion on this item, a Member referred to an issue with a particular premise. The Chairman advised the Member that this could not be addressed in open committee and therefore this would be discussed in closed session at the end of the meeting.

Decision:

The Licensing and Safety Committee noted the update on legislation and thanked the Local Land Charges and Licensing Manager for the report.