Issue - meetings

Adoption of Revised Licensing Act 2003 Policy

Meeting: 02/03/2021 - Licensing Committee (Item 6)

6 Adoption of Revised Licensing Act 2003 Policy pdf icon PDF 142 KB

This report requests that Members consider the attached proposed Statement of Licensing Policy as it continues its passage to Council in due course.

Additional documents:

Minutes:

The Committee gave a consideration to the proposed Statement of Licensing Policy that would be submitted to the Council for adoption in due course. 

 

Members were reminded that the Licensing Act 2003, the primary piece of legislation which regulates the alcohol, entertainment and late-night refreshment industry, requires licensing authorities to prepare and publish a statement of their licensing policy every five years. The Policy must be kept under review and the licensing authority may make such revisions to it, as it considers appropriate.   The Policy is underpinned by four licensing objectives, comprising the prevention of crime and disorder; the prevention of public nuisance; public safety; and the protection of children from harm, which must be considered by both operators and regulators.

 

The submitted proposed revised Policy was presented to the Committee, with principal areas of change or update being highlighted in the text.  These areas particularly addressed –

·         protection of children from harm where advice had been received from the Safeguarding Children Board, for example in updating definitions;

·         Child Sexual Exploitation and Child Criminal Exploitation where a number of recommendations or encouragements were being made to licence holders and operators of licensed premises;

·         alcohol delivery services which had developed in recent years;

·         boxing, particularly in the consideration of ‘White Collar Boxing’, often undertaken for charity and involving non-boxers;

·         considerations following the inclusion of a Local Authority’s ‘Public Health’ department as a responsible Authority; and

·         pavement licences, the application for and issue of which had been encouraged during the Covid pandemic.

 

A Member queried content in the proposed Policy indicating the use of plastic containers which conflicted with the Council policy to stop the use of plastic.  The Trading Standards and Licensing Manger noted that the Council could not control businesses and that alcoholic drinks required a measured dispense.  Polycarbonate glasses were more robust, but there always needed to be a balance struck between public safety at high volume events and environmental issues.

 

With regard to proposals relating to boxing, a Member suggested that content indicating an expectation or an encouragement should be strengthened to, for example, a requirement to have a medical card on safety grounds.  The Trading Standards and Licensing Manager undertook to look further into the potential for strengthening or making a mandatory condition in this regard.  In response to a request that it be clarified the fee payable for pavement licenses was non-refundable, the Trading Standards and Licensing Manager undertook to consider this further.

 

RESOLVED that

1.            the report be noted;

2.            subject to a consideration by the Trading Standards and Licensing Manager as to content relating to boxing and pavement licenses as discussed by the Committee, the adoption of the proposed Statement of Licensing Policy by the Council be endorsed.