Agenda item

Report by the Public Protection Manager (attached)

The Committee considered a report by the Public Protection Manager (circulated previously) regarding the Licensing Act Policy review.

The Public Protection Manager highlighted the following:

·         In order to discharge its statutory duties under the Licensing Act 2003, the Council was required to produce a Licensing Act 2003 Statement of Licensing Policy and review it at least every five years.

·         The current Licensing Act 2003 Statement of Licensing Policy was adopted by the Council on 21 November 2018 and became effective on 7 January 2019.  In order to keep within the statutory time-scale and adhere to the Council’s Constitution, and committee time-tables, any recommended final draft had to be approved by Full Council on 22 November 2023; be published and become effective prior to 7 January 2024.

·         The revises draft Licensing Act 2003 Statement of Licensing Policy, as seen in Appendix A of the report, had been written pursuant to the provisions of the Licensing Act 2003, and the Guidance issued under Section 182 of the Act

·         A consultation of the Council’s draft revised Statement of Licensing Policy ran for a six week period, closing on 22^nd August 2023.

·         The main proposed amendments could be seen in section 4.6 of the report.

·         Since undertaking consultation on the proposed draft, it should be noted that the Section 182 guidance was updated with an August 2023 edition.  The Home Office has amended the Guidance in line with recommendations made in relation to the Manchester Arena Inquiry, largely to support licensing authorities and applicants when considering the provision of health care and counter terrorism measures at venues.

·         As a result of this revision a new section 4.5 has been inserted into North Devon Council’s draft Licensing Act Policy.

·         There were 22 responses received in respect of the consultation, 17 of
which were received via the web-form and 5 by way of direct
communication. Of the 17 using the web-form 5 were made by individuals representing an organisation, including shops and hotels. One was received from Croyde Area Residents Association. Of those 5 by way of direct communication, one was received from Georgeham Parish Council and another from Witheridge Parish Council.  Additionally one further response was submitted by the manager of North Devon Coast Areas of Outstanding Natural Beauty, whilst this was received after the consultation period had closed, it was received in time for the publication of this report.  The results received can be seen at Appendix B of the report.

·         It should be noted that some of those matters raised by respondents, whilst relevant may not be able to be actioned in the manner desired for various reasons including the fact that the legislation may not support the desired outcome.

·         Further to the comments received, amendments had been made to the draft policy.  Amendments included the addition of a new comments box in the Licensing Act 2003 representation form and the addition of the following paragraphs:

Ø  Public nuisance was given a statutory meaning in many pieces of legislation. It was however not narrowly defined in the 2003 Act and retained its broad common law meaning. It may include in appropriate circumstances the reduction of the living and working amenity and environment of other persons living and working in the area of the licensed premises. Public nuisance may also arise as a result of the adverse effects of artificial light, dust, odour and insects or where its effect was prejudicial to health.

Ø  Measures to control light pollution would also require careful thought.  Bright lighting outside premises which was considered appropriate to prevent crime and disorder may itself give rise to light pollution for some neighbours. Applicants, licensing authorities and responsible authorities would need to balance these issues.

In response to questions the Public Protection Manager gave the following replies:

·         The inclusion of paramedics being allowed a banned substance on a premises during the carrying out of their job, could be added to paragraph 11.3 of the revised policy.

·         Co-opted Parish Councillors, as a person of standing in the community, could be called on to be a counter- signatory.

RECOMMENDED that full Council approve the revised Licensing Act 2003 Statement of Licensing Policy, as detailed at Appendix A of the report, at their meeting of 22 November 2023.