Report Date: May 2016
Report Author:
BLAENAU GWENT COUNTY BOROUGH COUNCILReport to / Chair & Members of the Statutory Licensing Committee
Report Subject / Licensing Act 2003 Statement of Licensing Policy
Report Author / Helen Jones and Steve Bendell
Report date / May 2016
Directorate / Environment and Regeneration
Executive Portfolio Holder / Licensing
Date of meeting / 5th July 2016
Date signed off by
Monitoring Officer
Date signed off by
Section 151 Officer
Date signed off by Chair
Key words / Licensing, Licensing Act 2003, Policy
Report Information Summary
1. / Purpose of Report*1.1 / To gain the support of the Licensing Committee for the revised Licensing Act 2003 -Statement of Licensing Policy (the Policy) to be approved by the full Council.
2. / Scope of the Report*
2.1 / The Licensing Act 2003 (as amended) requires the Council, as the Licensing Authority, to publish a 5 yearly Statement of Licensing Policy as to how it will administer and enforce the Act. This policy is now due for review.
3. / Recommendation/s for Consideration*
3.1 / That Licensing Committee supports the revised policy, as put forward by Officers, and recommends that it is approved by full Council (Option 1 in the main report).
Why this topic is a priority for the Council?*
Report author to identify links to the main corporate strategies.
Single Integrated Plan (SIP) / Corporate Improvement Plan (CIP) / Performance Management Improvement Framework (PMIF) / Operating Model / Transforming Blaenau Gwent (TBG Programme) / Other
(please state)
Statutory function
Reporting Pathway*
Report author to identify proposed reporting pathway.(To include dates where possible)
Directorate Management Team (DMT) / Corporate Management Team (CMT) / Audit / Democratic Services Committee / Scrutiny / Executive / Council / Other (please state)
Yes / Yes / No / No / Yes – by Licensing Committee / Yes
*Denotes mandatory section
Main Report
1. / Background and Context*1.1
1.2
1.3 / The Licensing Act 2003 (as amended) requires that the Licensing Authority publish a five yearly Statement of Licensing Policy, which states how it will administer and enforce the Act. The policy can only be approved by full Council and cannot be delegated to the Licensing Committee.
The Act also requires that, following approval by full Council, the decision must be advertised in a local newspaper before the policy comes into effect.
Blaenau Gwent Council currently licences 280 premises, which includes 87 public houses, 51 takeaways and 82 off licences, 43 members and workingmen’s clubs and 659 personal licences. In addition, approximately 60 notices for temporary events are received.
2. / Options for Consideration
2.1 / Option 1 – that Licensing Committee supports the revised policy, as put forward by Officers, and recommends that it is approved by full Council.
Option 2 –that Licensing Committee supports the policy subject to recommended amendments for consideration by the full Council
Option 3 – that Licensing Committee recommends that the policy being put forward by Officers should not be approved by Council..
3. / Performance Evidence and Information*
3.1
3.2
3.3
3.4
3.5
3.6 / In developing the revised policy, Licensing Officers have collaborated with colleagues from the Gwent Licensing Forum. This has enabled a consistent approach to be taken across the Gwent Police Authority area with each local authority subsequently intending to adopt similar Statements of Licensing Policy.
The main revisions to the policy result from changes to primary legislation amending the Licensing Act 2003 and revised Guidance issued by the Secretary of State under s182 of the Act.
- The Police Reform and Social Responsibility Act 2011 that gave powers to the council to suspend licences if the annual fee is not paid. Introducing the Late Night Levy and Early morning Restriction Orders. Making the Health Authority a responsible authority.
- The Live Music Act 2012 and Deregulation Act 2015 that deregulated live music and some regulated entertainment and increased the limits on Temporary Event Notices and removing the 10 year expiry for Personal Licences.
- The policy has been reformatted into sections to make amendments easier when needed to account for the regularity of legislation changes.
Further statutory consultation was carried out between 31stMarch 2016and 6th May 2016. The following were consulted:
87 Public Houses,
51 Takeaways
82 Off Licences,
43 Members and Workingmen’s clubs
Gwent Police
South Wales Fire and Rescue Service
No responses/objections were received from the above consultees.
The revised policy for consideration, taking into account the consultation outcomes, is attached at APPENDIX B.
4. / Impact Assessment Against Proposals / Options*
4.1 / Sustainable Development Principles:
- Thinking for the long term – The proposal ensures that the Council has a robust policy for the next five years.
- Taking an integrated approach – The proposal meets the relevant well-being goals by way of adopting an appropriate new policy to facilitate the sustainability and regulation of the licensed trade and public protection.
- Taking a preventative approach – As above.
- Collaborating – As outlined in the report.
- Involvement – The proposal protects public safety and supports compliant businesses.
- quality impact assessment screening – No adverse impact.
5. / Financial Implications*
5.1 / There are no financial implications as a result of this report.
6. / Risk Implications*
6.1 / If the council does not approve a policy as required by statute it will be at risk of legal challenges from stakeholders and licence holders for authorisations granted under the Licensing Act 2003.
7. / Staffing/Workforce Development Implications*
7.1 / All relevant staff will be made aware of the revised policy to comply with its provisions.
8. / Conclusion*
8.1 / The required policy has been reviewed and redrafted following consultation and is now being submitted for approval by the Council. The Licensing Committee is being asked to comment on and support the policy prior submission to full Council .
*Denotes mandatory section