Council Offices, Wallace Green, Berwick-upon-Tweed, TD15 1ED
COMMITTEE: LICENSING
DATE WEDNESDAY 4AUGUST 2004
TIME: 6.00 PM
PLACE: COMMITTEE ROOM 1, WALLACE GREEN HALL,
BERWICK-UPON TWEED
Members: H Bettison, A R Bowlas, A E Breckons, D G R Buckle,
C G Hallam-Baker, G E Miller, A Murray, J M F Nesbit, R J Patterson,
L Robson, J N Simpson and J Waterhouse.
If you have any enquiries about items on this Agenda, please contact
David B Wilson, Senior Licensing Officer, Tel No 01289 301804
email dbw@berwick-upon-tweed.gov.uk
AGENDA
PART 1
The Meeting will be open to the Press and Public during consideration of
the items set out in Part 1 of this Agenda.
1 DECLARATION OF INTEREST
Members are invited to declare any interest they may have in any of the items included on the agenda for this Meeting.
[Note: Any Member wishing to seek clarification as to whether it may be appropriate to declare an interest in respect of any item on this agenda should seek the advice from the Chief Executive or Borough Solicitor at least one working day before the Meeting].
2 MINUTES OF THE MEETING OF THE LICENSING COMMITTEE HELD ON 23 JUNE 2004
Previously circulated; Chairman to sign.
3 DRAFT STATEMENT OF LICENSING POLICY
Report Author: David B Wilson, Senior Licensing Officer, tel no 01289 301804 and email dbw@berwick-upon-tweed.gov.uk
Summary:
• Licensing Act 2003;
• Present Draft Statement of Licensing Policy; and
• Seeks Members approval.
Purpose:
To agree the Draft Statement of Licensing Policy so that consultation may be commenced with the statutory and other consultees.
Report:
The Council is, by virtue of Section 1(1)(a) of the Licensing Act 2003, a Licensing Authority.
Section 5 of the 2003 Act requires a Licensing Authority to publish its Statement of Licensing Policy (the Licensing Policy) with respect to the exercise of its licensing functions, having consulted on and determined its policy
The Draft Statement of Licensing Policy (the Draft Policy) has been prepared by David B Wilson, Senior Licensing Officer, and approved by Liam Henry, Borough Solicitor, from a generic document prepared by the Solicitors and Licensing Officers of the District and Borough Councils within Northumberland.
The Guidance, at paragraphs 3.8 to 3.11, issued under the 2003 Act, detail the fundamental principles to be met when determining the Licensing Policy. These may be summarised as:-
• The Licensing Policy should begin by stating the four licensing objectives (paragraph 3.8);
• The Licensing Authority must have regard to the Guidance (paragraph 3.8);
• The Licensing Authority must give appropriate weight to the views of those it has consulted (paragraph 3.8);
• The Licensing Policy may set out a general approach to the making of licensing decisions, but must not ignore or be inconsistent with provisions in the 2003 Act (paragraph 3.9);
• A Licensing Policy should not override the right of any person to make representations on an application or to seek a review of a licence or certificate where provision has been made for them to do so in the 2003 Act (paragraph 3.10);
• A Licensing Policy should make it clear that licensing is about regulating the carrying on of licensable activities on licensed premises, by qualifying clubs and at temporary events within the terms of the 2003 Act (paragraph 3.11);
• The Licensing Policy should make it clear that the conditions attached to various authorisations will be focused on matters which are within the control of individual licensees and others in possession of relevant authorisations (paragraph 3.11);
• A Licensing Policy should make it clear that the Licensing Authority will primarily focus on the direct impact of the activities taking place at the licensed premises on members of the public living, working or engaged in normal activity “in the vicinity” of those premises (paragraph 3.11);
• A Licensing Policy should make it clear that licensing law is not the primary mechanism for the general control of nuisance and anti-social behaviour by individuals once they are away from the licensed premises and , therefore, beyond the direct control of the individual, club or business holding the licence, certificate or authorisation concerned (paragraph 3.11); and
• A Licensing Policy should make it clear that licensing law is nonetheless always a key aspect of the control of nuisance and anti-social behaviour and will always be part of a holistic approach to the management of the evening and night-time economy in town (and city) centres (paragraph 3.11).
Section 3 of the 2003 Act specifies the statutory consultees, being the Police; the Fire Authority; such persons as the Licensing Authority considers to be representative of holders of Premises Licences, Club Premises Certificates and Personal Licences (even though these do not yet exist); and such other persons as the Licensing Authority considers to be representative of businesses and residents in its area.
It is proposed to also consult with all Parish Councils within the Borough; the Chamber of Trade; the Business Forum; Agenda 21; the Energy and Environment Sector Board; and the Health and wellbeing Sector Board.
Furthermore, within the Council, it is also proposed to consult the Director of Environment; the Director of Regeneration and Development; the Community Safety Officer; and the Drugs Development Worker.
On 8 July 2004 a Press Release was issued in which “anyone who believes they have a contribution to make” on the consultation of the Council’s Draft Policy was invited to notify the Senior Licensing Officer of their wish to be so consulted. On or about 12 July 2004, a letter was sent to the Licensees of all premises presently believed to hold a Justices’ Licence, advising them of the forthcoming consultation process. Furthermore, the Senior Licensing Officer has, in the course of his work, invited licensees and others who may be affected by the 2003 Act to indicate if they should wish to be involved in the consultation process.
As a result of the foregoing, 17 people or organisations as diverse as nightclub and off-licence licensees; country house hotels; caravan parks, outward bound centres and wedding and conference centre operators; organisers of country shows; the National Trust; and firms of solicitors have asked to be included in this Council’s consultation process. Requests for inclusion as a consultee are continuing to be regularly received.
By virtue of the provisions of Section 3(1)(a) of the 2003 Act, the Licensing Authority is the Council, not the Licensing Committee. However, by its Constitution the Council has delegated its licensing responsibilities to the Licensing Committee. It is the view of Officers that the Licensing Committee may approve the Draft Policy for the commencement of consultation, but the determination of the Licensing Policy will ultimately have to be made by Council. As a consequence, it is proposed that the commencement of consultation on the Draft Policy will be reported to Council at the next Meeting on 23 September 2004.
The Code of Practice on Consultation, issued by the Regulatory Impact Unit of the Cabinet Office in January 2004, recommends that the period for consultation should be a minimum of 12 weeks, except where circumstances require otherwise.
It is proposed, subject to the approval of Members of the Licensing Committee, that consultation should be commenced by no later than 13 August 2004, thereby allowing sufficient time from the Meeting of Licensing Committee for the Draft Policy to be placed on the Council’s website and for copies, paper and electronic, to be ready for distribution to consultees on or before 12 August 2004.
It is proposed that consultation will end on 5 November 2004, being 12 weeks from the commencement of the process on or before 13 August 2004.
Following consultation, the Senior Licensing Officer will have to report to the Licensing Committee, having analysed the responses to the consultation. It is proposed that a Meeting of the Licensing Committee should now be scheduled for the week commencing 29 November 2004 (possibly Wednesday 1 December 2004).
The comments of the Licensing Committee will then have to be incorporated into the Draft Policy and that amended Draft Policy placed before Council before being adopted by Council at its Statement of Licensing Policy. It is proposed, subject to the views expressed by the aforementioned Meeting of the Licensing Committee, that the Draft Policy (amended as appropriate) be placed before the Meeting of Council on 16 December 2004 and, should that not be possible, there will still be the opportunity of placing this before Council at the Meeting on 20 January 2005.
The Licensing Authority (the Council) is required by Section 5(2)(a) to have determined its licensing policy before such date as determined by the Secretary of State. The Secretary of State for Culture, Media and Sport has determined the date to be 7 February 2005, being the date from which Applications may be made to the Council as the Licensing Authority under the 2003 Act.
There follows a table showing the proposed schedule for consultation and determination of Licensing Policy:-
Date
Action to be taken
4 August 2004
Meeting of Licensing Committee – to approve Draft Policy for consultation
by 13 August 2004
Consultation process to begin
5 November 2004
Consultation process to end
w/c 29 November 2004
Proposed date for Meeting of Licensing Committee – to consider responses to the consultation process
16 December 2004
Meeting of Council – to approve Licensing Policy, subject to further consideration being necessary
20 January 2005
Meeting of Council – to approve Licensing Policy
Implications:
Financial
The revenue income to be gained by the Council in respect of fees arising from applications made under the 2003 Act cannot yet be quantified as the Government are still to advise on the scale of such fees. There are, at present, just over 200 premises holding Justices’ Licences; about 30 other premises holding only Public Entertainment Licences; and 2 premises holding Cinema and/or Theatre Licences.
Legal
These are, as detailed within the report and the Draft Policy annexed hereto.
Personnel
There are no issues arising in this regard.
Crime and Disorder
The implications concerning crime and disorder are as detailed within the report, in which it will be noted that the Police, the Community Safety Officer and the Drug Development Worker, together with many others, are to be consulted on the Draft Policy.
Recommendation: To approve the Draft Statement of Licensing Policy for consultation
Members are reminded of their responsibility
to sign the Attendance Sheet in compliance with the Rules of Procedure.
