Agenda item

Public Health Data Tool in Licensing Decisions

Members are asked to endorse the use of public health data to assist in decision making in relation to alcohol premises applications under the Licensing Act 2003.

Minutes:

The Committee gave consideration to a proposal that public health data should be used to assist in decision making in relation to alcohol premises applications under the Licensing Act 2003 (the Act).

 

The Act is the primary legislation that regulates the alcohol, entertainment and late-night refreshment industry and which is underpinned by the four licensing objectives of the prevention of crime and disorder, the prevention of public nuisance, public safety, and the protection of children from harm.  When premises applications are submitted there is a statutory consultation period where representations, which must be linked to the licensing objectives, can be made to the licensing authority. Since 2013, local authority Directors of Public Health (DsPH) in England have been included in the Act as responsible authorities and the public health data tool was intended to support the Council’s DPH in making appropriate input to the licensing process to improve the health of the population.

 

The public health impact attributable to alcohol misuse in Oldham was considered within the submitted report using data sourced from Public Health England - Local Alcohol Profiles 2021.  The data sets that had been used to develop the tool were considered, along with the uses that might be made of the tool by the DPH and the Licensing Service in their respective considerations of licensing matters.

 

The development of the tool was welcomed by Members but, in noting the sometimes interlinked nature of alcohol with drugs, it was queried whether the tool should be extended.  The concern around drugs was acknowledged, but the Committee was advised that the current unreliable data relating to drug misuse meant it was difficult to combine the two issues.  Should reliable data become available it could be possible to revise this position.

 

In response to queries noting that public health was not a licensing objective, it was confirmed that public health inputs must relate to the four objectives, for example issues that might be highlighted such as domestic abuse could relate to a licensing objective.  If there was a need to review a premises license, the tool could be used to consider the prevalence and nature of alcohol misuse in the area around the premises.  In such a case it would be for the Licensing Panel to determine the weight to be given to such representations. 

 

Responding to a query regarding local convenience stores with licenses to sell alcohol from 7am, the Trading Standards and Licensing Manager noted that this was a consequence of the Act, that many large supermarkets had 24 hour licences, and that to not have a license to sell alcohol when a store was otherwise open could cause operational issues.  However, it was possible for the Licensing panel to consider local issues in the event of a review being required for such premises. 

 

In response to a comment that some data presented in the report appeared quite old, the Committee was advised that this was the latest available as some data publication had been delayed as a result of Covid.  The data tool would be updated as updated source data was published.

 

RESOLVED that

1.            the report be noted;

2.            the use of the public health data to assist in decision making be endorsed.

 

Supporting documents: