Agenda item

To consider the following recommendation of the Licensing Committee dated 8 September 2014:

That the Licensing Committee notes the amendments made in the statement of Licensing Policy update and commends the Statement of Licensing Policy (final draft) under the Licensing Act 2003 to the Council for approval at its meeting on 21 October 2014.

Report and the draft Licensing Plan are attached.

Councillor Stuart Wheeler, Cabinet Member for Hubs, Heritage & Arts, Governance and Support Services presented a revised Licensing Policy for 2014-19 as recommended to Council by the Licensing Committee at its meeting on 8 September 2014. The extensive consultation undertaken on the draft policy was noted.

Cllr Wheeler guided members through the accompanying report and moved that Council adopt the Licensing Policy and this was duly seconded by Councillor Pip Ridout, Chairman of the Licensing Committee.

The Chairman invited Group Leaders to comment before widening the debate to other members.

Councillor Jon Hubbard proposed the following amendment which was duly seconded by Councillor Helena Mckeown:

To number the recommendation in the report as (1) and add as (2):

‘Council requests the Licensing Committee to specifically consider the four licensing objectives and bring back to full Council at a future meeting revised objectives that takes advantage of some of the additional powers available to local authorities including, but not restricted to, the power to adjust licensing objectives to take account of the scale of existing provision when considering new applications.’

The debate then centred on the amendment calling on Group Leaders before inviting other members. Councillor Peter Hutton, Portfolio Holder for Public Protection Services thanked officers for all their hard work in developing the Policy and echoed previous speakers in urging caution over making amendments to it without detailed consideration by the Licensing Committee.  

Councillor Stuart Wheeler explained that the Council had no authority to change the legally defined licensing objectives. He considered that proposals to amend the Policy should have been raised at the Licensing Committee to enable it to examine them in detail. This was also echoed by Councillor Seed who also referred to the three month consultation exercise where such proposals could have been raised and taken into account.

On being put to the vote, the amendment was LOST.

Councillor Chris Caswill gave notice of a number of amendments he wished to make. He considered that the Policy could be strengthened in a number of areas to make it more proactive.

Councillor Caswill proposed the following amendment which was duly seconded by Councillor Jeff Osborn:

‘In 1.1 Introduction, at the end of the first paragraph, add 'whilst also having regard the Government's 2012 alcohol Strategy.' (page 99)

Councillor Jane Scott was concerned that amendments of a complex nature were being proposed at this stage in the process. Councillor Wheeler reminding Council that the Licensing Policy was a legal document, expressed concern that amendments now proposed had not been the subject of detailed consideration by the Licensing Committee and not subject to consultation.

Councillor Jon Hubbard questioned the role of Council in debating and adopting the Policy, if it was not able to amend it as it saw fit.  Councillors Jane Scott and Stuart Wheeler explained that any proposals to amend what was essentially a legal document, should be evidence based and considered alongside legal advice on the soundness of such proposals to amend it.

On being put to the vote, the amendment was LOST.

Councillor Chris Caswill referred to his other proposed amendments which were displayed on screen. To assist Council, he explained the background to each of the amendments which he agreed to withdraw if Council would agree to refer them to the Licensing Committee for detailed consideration. Councillors Stuart Wheeler and Pip Ridout gave such an assurance.

Resolved:

(a)          That Council approves the Statement of Licensing Policy (2014 -2019) (Appendix 1) under Licensing Act 2003 .

(b)          That the following amendments proposed by Councillor Chris Caswill as detailed below,  be referred to the Licensing Committee:

·         In 8.0 Other licensing authority powers, add a new introductory text:

'The Licensing Authority welcomes the guidance given in the Government's 2012 alcohol Strategy and the encouragement for local communities and individuals to help set the standards and behaviours that they want to see in their surrounding area. It will have regard to the encouragement given to Licensing Authorities  in the Strategy to make use of the powers available in order to take firm action to address the harms from alcohol, and if necessary, close down premises. In that spirit the Licensing Authority will be prepared to use the following powers where appropriate and necessary.' (p. 130)

·         In 1.2 Key Aims, delete 'vibrant' in the second bullet point  (p 100)

·         In 1.4 Licensing Function, third paragraph, replace 'has regard to wider considerations affecting' with 'recognises in this policy its wider responsibilities to' ('the residential population and the amenity of the area.') (p. 101)

·         in 2.5 Dispersal Policy, replace 'should consider how the venue will' with 'must demonstrate how it will act to' (minimise the potential for disorder as customers leave the premises'). (p. 105)