Agenda item

That the Draft Statement of Licensing Policy 2022-2027 (Licensing Act 2003) at Appendix 1, and Draft Statement of Policy 2022-2025 (Gambling Act 2005) at Appendix 2, be approved for public consultation.

That authority is delegated to the Director of Growth and Place to consider, in consultation with the Cabinet Member for Housing, Communications, Licensing and Events, any representations arising from consultations.  Provided any representations received do not require substantial amendments to either draft Policy, to recommend approval of both policies by Cabinet on 2 November 2021 with subsequent adoption by Council on 23 November 2021.

In circumstances where substantial amendments to either Policy are required, that these are reported back to the Alcohol and Entertainment Licensing Committee for further consideration.

The Committee considered the Council’s Draft Statement of Licensing Policy under the Licensing Act 2003 and Draft Statement of Policy under the Gambling Act 2005.

Mr Knowles-Ley introduced this item and explained that each Council is required to publish a Statement of Licensing Policy under both the Licensing Act 2003 and Gambling Act 2005. 

With regards to the Licensing Act this was last re-adopted during November 2020 for a period of one year only, using a fast track process following Local Government Association’s advice, issued as a direct response to the Covid 19 pandemic.  The Policy under the Gambling Act had been in place since May 2019. 

Mr Knowles-Ley explained that both current policies will expire at the end of January 2022 and neither had been the subject of legal challenge or complaint, nor had there been any significant legislative changes affecting either Policy.  It was though expected that there may very well be changes in the next year as focus shifted from the national response to the pandemic and there is a return to a ‘new normal’.

In particular Mr Knowles-Ley drew attention to paragraph 3.12 of the draft Statement of Licensing Policy that referred to the new temporary licensing regime under the Business and planning Act 2020.  This new legislation gave responsibility to district and borough councils for the administration and enforcement of Pavement Licences.  The Government has advised that they intend to extend the regime for a further period of one year.

With regard to the draft Statement of Policy under the Gambling Act 2005, it was confirmed that it was the intention to continue to formally designate the West Sussex Local Safeguarding Children Board as the body responsible for advising on children protection issues and it was also proposed to continue the existing ‘no casino resolution’. 

Consultation in respect of both Policies with all statutory consultees, all interested parties and stakeholders would take place run for a period of 10 weeks concluding on 5 September 2021.

The importance of having a vibrant economy by not stifling or preventing the use of Pavement Licences was raised by a member of the Committee who felt that the interpretation of the regime by officers was important so as to encourage businesses to get back to normal and events to take part in the District.

RESOLVED

1)    That the Draft Statement of Licensing Policy 2022-2027 (Licensing Act 2003) at Appendix 1, and Draft Statement of Policy 2022-2025 (Gambling Act 2005) at Appendix 2, be approved for public consultation;

2)    That authority is delegated to the Director of Growth and Place to consider, in consultation with the Cabinet Member for Housing, Communications, Licensing and Events, any representations arising from consultations.  Provided any representations received do not require substantial amendments to either draft Policy, to recommend approval of both policies by Cabinet on 2 November 2021 with subsequent adoption by Council on 23 November 2021; and

3)    In circumstances where substantial amendments to either Policy are required, that these are reported back to the Alcohol and Entertainment Licensing Committee for further consideration.