Issue

Issue - meetings

Licensing Act 2003 Policy Review

Meeting: 04/07/2023 - Licensing and Community Safety Committee (Item 11)

11 Licensing Act 2003 Policy Review pdf icon PDF 229 KB

Report by the Public Protection Manager (attached)

Additional documents:

Minutes:

The Committee considered a report on the Licensing Act 2003 Policy Review (circulated previously) by the Public Protection Manager.

 

The Public Protection Manager introduced a new team member, Mr C Northcott, and invited him to give a summary of his background to the Committee.  Until recently, he had worked as a Police Officer.  The last four years working in Community Safety, liaising across North Devon and Torridge areas, he was very partnership focussed.  He was recently recruited by North Devon Council as a Licensing Case Officer.

 

The Public Protection Manager highlighted the following:

·         The Council was legally obligated to have a policy in place which was reviewed every 5 years.

·         Appendix A of the report showed a tracked changes document which highlighted the changes.

·         The Licensing Act 2003 prescribed a list of persons to be sent the consultation.

·         There was an additional initiative to be added under paragraph 18.0.  The Licensing Authority was supportive of Designated Driver Schemes, whereby licensed premises supply a designated driver soft drinks.

·         Paragraph 4.4.1 of Appendix A, the preference for events to apply for a premises licence instead of multiple Temporary Event Notices (TENs) had been added.

·         At paragraph 4.5.5 clarifications had been added in terms of events where live music was being played or premises playing recorded music.

·         At paragraph 4.5.6 a link to the Home Office right-to-work page on the GOV.UK website had been added.

·         At paragraph 5.1.6 learned experience had been incorporated into the Policy in terms of the issues experienced by the Licensing Authority whereby a premises was being run ‘behind the scenes’ by a person unable to hold a licence.  The Licensing Authority was proposing to fully support and consider Police information for  example in exceptional circumstances pertaining to a change of Designated Premises Supervisor.

·         At paragraph 5.4 the addition of suggested conditions pertaining to alcohol deliveries.

·         At paragraph 9.4 the addition of the Licensing Authority’s stance on the sale of age restricted products to children will be robust with the revocation/refusal of a premises licence whereby relevant evidence was presented.    

·         At paragraph 11.0 the misuse of psychoactive substances had been added to the Policy.

·         Paragraph 15.0 added mitigations to noise disturbance from beer gardens.

·         Paragraph 16.0 amendments to Temporary Activities had been added in relation to the introduction of pavement licences during the pandemic.

·         Paragraph 17.0 had been updated to reflect that a ‘Pub Watch’ scheme was in operation in Barnstaple.

·         Paragraph 18.0 had been updated to include initiatives, tackling violence and harm to women in pubs and during the night time economy, supported by the Licensing Authority.

·         Paragraph 23.0 expansion of the Local Authority’s recognition of its responsibilities under the Equalities Act 2010.

·         Paragraph 24.0 added the aspiration that all licensed premises would keep their contact details up-to-date.

 

The Public Protection Manager advised the Committee that Martyn’s Law (the Protection of Terrorism Bill) was awaiting Royal Assent so had not at this time been included in the Policy but an amendment would be  ...  view the full minutes text for item 11