Agenda item

To introduce the Council’s draft Statement of Licensing Policy under the Licensing Act 2003 for the period of 2016-2021 and seek approval for public consultation.

The Committee considered the above report (copy attached to the official Minutes).

Mr Foord took the Committee through the proposed key changes to the draft Statement of Licensing Policy 2016-2021 following an initial review by officers.  The Committee was being asked to recommend the draft Policy, to Cabinet at its meeting on 7 July 2015 to approve it for public consultation for a 12 week period.  The final Policy would be published during January 2016.

He explained that the Licensing Act 2003 required all licensing authorities to publish a draft Policy every five years and was required to be published before the Licensing Authority could carry out any functions under the Licensing Act 2003.  The draft Policy set out the principles that the Licensing Authority would apply under the Act when carrying out its functions.  He commented that relatively only minor amendments were being proposed, which had mainly resulted from the recently amended Home Office guidance, the update of and the expansion of references to the South Downs National Park with regard to its purposes and duty, and other legislative changes.

With regard to conflict with the South Downs National Park, Mr Foord confirmed that a large number of licensed events took place within the Park due to the characteristics of its landscape.  He referred to the issues that farmers faced and the need for diversification that was required to sustain the long term use of their land.   He advised that discussions and training sessions had taken place with the South Downs National Planning Authority and similar local authorities to enable officers to understand the issues affecting the Park.  It was hoped that the Park Authority’s link officer would attend future Sub-Committees.  Mr Bennett added that when considering licence applications the Licensing Authority would only give weight to the purposes and duty of the Park Authority where those purposes aligned with or were related to the statutory licensing objectives.

He advised that the proposed procedure to delegate authority to the Head of Housing and Environment Services to consider representations provided that there were no significant changes to be made would streamline the process.   

The following suggested changes and other points of discussion emerged during the debate:

·        Page 14 – paragraph 3.8 –  Add ‘District’ to the end of bullet point 1.

·        Page 17 – paragraph 6.3 – In response to a question from a Member, it was confirmed that the use of citizenship cards had been moved away from as more value was put on passports, driving licences and the hologramed Proof of Age Standards Scheme card as other identification could be replicated. 

·        Page 17 – paragraph 6.4 – line 4 – replace ‘leave’ with ‘exit’.

·        Page 32 – add definition of working day.

·        Page 32 – bullet point 3 – replace ‘12’ with ‘15’ and delete wording in brackets.

·        It was noted that the wording of the draft Policy was in line with the Council’s Plain English Guide.

·        Page 15 – paragraph 4.2 – bullet point 6 – Reference to Chamber of Commerce to include all chambers in the District.

·        Page 27 – paragraph 15.1 – Mr Ford explained the legislation relating to the licensing of trains and aircraft whose licensing activities were not required to be licensed, and boats.  Mr Bennett confirmed that several vehicles could not be included under one licence. 

·        Page 30 – Premises – add explanation text with regard to its location.

·        Page 12 – paragraph 2.12 – In response to a question from a Member regarding the resources available for the enforcement of the wider considerations affecting the amenity of the area and their enforcement, Mr Foord advised that the resources that the licensing officers used included those of  other environmental officers, enforcement and raising awareness of these issues.  The Licensing Team enforced the licensing conditions under the Licensing Act.  He confirmed that resources, although limited, were in place but not necessarily 24/7.  Officers also worked with the Police who gathered information which they passed on to the Licensing Team.       

·        Page 27 – paragraph 16.3 – In response to a question from a Member, Mr Foord confirmed visits to premises were made following the receipt of intelligence and confirmed that out of hours visits did take place.

·        Page 11 – paragraphs 2.7. and 2.8 – Add dates to the figures stated.

·        Page 17 – paragraph 6.3 – bullet point 14 – include reference to drink-driving.

·        Page 34 – Members were advised that the fees payable were prescribed by Government and that the Licensing Authority was not able to change them.

At the end of the discussion members discussed the composition of the Alcohol and Entertainment Licensing Sub-Committee, which no longer had a reserve member, and whether or not this should be reinstated.  Officers undertook to look into this matter.

RESOLVED

That the draft revised Statement of Licensing Policy for the period 2016 – 2021 for Chichester District is approved for public consultation and that the amendments are referred to, and considered by, Cabinet on 7 July 2015.