Agenda item

(Director of Corporate Support Services) To consider the attached report

The Committee noted that the Police Reform and Social Responsibility Act 2011 had received royal assent. The act amended and made changes to the Licensing Act 2003, with part of the act relating to licensing recently being brought into force and the remainder expected in about October 2012.

The main changes are that:

• The Licensing Authority would become a responsible authority in its own right in relation to premises and club applications without having to wait for a request for a review;
• Primary Care Trusts and Local Health Boards also join the list of Responsible Authorities who will be able to object on the basis of the four licensing objectives;
• And  “Any other person” has replaced “interested parties”;
• The Licensing department must advertise applications in a way that comes to the attention of all persons it may affect (the Council’s website would satisfy this requirement);
• The vicinity test had been removed;
• Members would now have to consider if any conditions attached to a licence was “appropriate” rather than “necessary”. This is intended to reduce the evidential burden on Local Authorities;
• Environmental Health Officers could now object to an application for a Temporary Event Notice (TEN);
• Conditions could be applied to a TEN if considered appropriate;
• Provision has been made for late TEN’s applications – between 5 – 9 working days before the proposed event;
• TENs would be extended, allowing them to last up to 168 hours as opposed to the previous 98 hours; and
• There was also an increase in the number of days in a calendar year a single premises could be used for licensable activities from 15 days to 21 days (the number of applications that can be made by a premises remains 12 per year).

Other effects of the new Act would be to increase the fine for persistently selling alcohol to children and the closure notice had also been increased from ‘up to 48 hours’ to 336 hours.

The Licensing Authority may make an order prohibiting the supply of alcohol from premises in all or part of their area for any duration beginning at midnight and ending before 6am. This can only be made by full Council.

Alcohol Disorder Zones have been abolished.

A “late night levy” may be made to cover the cost of policing and other arrangements between midnight and 6am. At least 70% of the fees collected must be paid to the Police.

The Licensing Policy Statement would now be renewable every five years rather than the current three years. Ours would have to be renewed next year.

Further changes would not come in until next April and a further report will have to be submitted then.

As for calling a review for a premises, it would be that a lot of reviews would be triggered by complaints received. These would be assessed by Enforcement Officers and appropriate action taken.

Councillor Smith requested that a third recommendation be added to require a further report to be submitted to the Committee once details were known.

            RESOLVED:

(1)               That the changes to the Licensing Act 2003 to be brought in by the Police Reform and Social Responsibility Act 2011 be noted;

(2)               To recommend to Council that the role of the Council as a Responsible Authority is delegated to the Director of Corporate  Support Services and the Senior Licensing Officer; and

(3)               That a further report be submitted to the next Licensing Committee once further details were known.