Issue - meetings

Licensing Act 2003 Statement of Policy - Periodic Review

 

 

Meeting: 20/12/2018 - Council (Item 74)

74 Licensing Act 2003 Statement of Policy - Periodic Review pdf icon PDF 77 KB

(Chairman of the Licensing Committee) To consider the attached report.

Additional documents:

Minutes:

Mover: Councillor R. Morgan, Chairman of the Licensing Committee

 

The Chairman of the Licensing Committee reported that the Council was required to review the Statement of Policy made under the Licensing Act 2003. The Licensing Committee had considered the updated Policy which had incorporated minor typographical corrections and consultations responses.

 

RESOLVED:

 

That the attached Statement of Licensing Policy at Appendix 4 be adopted.

Meeting: 17/10/2018 - Licensing Committee (Item 6)

6 Licensing Act 2003 Statement of Policy - Periodic Review pdf icon PDF 533 KB

Recommendation:

That Members recommend the adoption of the revised Licensing Act Statement of Policy to Cabinet.

Report:

The Licensing Act 2003 requires that Licensing Authorities revise their Policy Statements made under the Act at defined intervals.

A new draft policy was prepared and consultation was undertaken with interested parties and the trade.  A list of consultees is attached at appendix 1.

The responses to the consultation and the associated comments by officers are attached below.

Responder

Response

Officer Comment

Essex Police.

That the policy signpost applicants to the pool of model conditions which have been produced by the police.

Accepted and incorporated.

The Village Halls and Community Buildings Advisor,

The Rural Communities Council of Essex

That the provisions of the Legislative Reform (Supervision of Alcohol Sales in Church and Village Halls) Order 2009, be referenced in the policy.

This, in effect, allows a village hall or church committee to act as a Designated Premises Supervisor.

Accepted and incorporated.

Nazeing Parish Council

That Town and Parish Councils be included under the list of Responsible Authorities

The list of Responsible Authorities is defined in the legislation and the Council does not have the power to alter it.

 

The policy revision process also gives officers the opportunity to update or change the policy, however, apart from some minor typographical error corrections no significant changes are proposed.

Additional documents:

Minutes:

The Service Director Commercial and Regulatory Services, Mr Nolan introduced the revised Licensing Act Statement of Policy. The Licensing Act 2003 required that Licensing authorities revised their policy statements at defined intervals. A new draft policy was prepared and a consultation exercise was undertaken. He noted that there were no major changes proposed for this revision and there were only a few responses. Responses to the consultation was receive from three parties, Essex Police, The Village Halls and Community Buildings Advisor and the Rural Communities Council of Essex. Their amendment were accepted and incorporated into the final draft.

 

Councillor Neville asked about paragraph 1.39 of the guidance which referred to ‘a statutory timescale’ that ‘was imposed’ was there a document we could point to where this came from and in 1.40 it mentions ‘other parties’ who were they? The Licensing Manager said that in the letter they sent out on consultation on the 150mtr radius  set out an explanatory note on this. This information was also on our website. We can signpost this in the guidance.

 

Councillor Sartin asked if members of the Committee could have copies of that letter for information. The Licensing manager said that she would email them a copy.

 

Councillor Sartin then asked if the added Police conditions could restrain us in any way. Mr Nolan said that no, they could not, as it was just advice for us and was not binding.

 

RESOLVED:

 

That the Licensing Committee recommend to Council the revised Licensing Act Statement of Policy for adoption.