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Agenda item
Licensing Act 2003 - Statement of Licensing Policy.
Minutes:
The Licensing Manager presented the report,
which informed Members of the necessity to review the Statement of Licensing
Policy and the result of consultations carried out, and sought the views of
Licensing Members prior to its presentation to Council for approval.
The Licensing Act came into force on 7th February 2005 and requires the
Authority to publish a Statement of Licensing Policy to determine how
applications would be considered. The
Authority is required to review the statement every five years. The current
Policy was published in January 2016.
The Council must therefore review the current Policy and, based upon the
results of consultation undertaken, approve a revised Policy for publication in
January 2021.
Members were advised that the Authority has conducted a review of the
Policy and consulted with responsible authorities detailed under the Act, for
example: Police, Health Board, Fire
Authority, Child Protection Officer, Environmental Health, Trading Standards
and Planning. All existing licence
premises licence holders and holders of club premises certificates in the
borough were written to informing them of the consultation. In addition, residents and businesses
throughout the Caerphilly Borough were invited to comment by accessing the
Council’s website during the consultation period from 14th August to
9th October 2020.
Officers outlined the Guidance that
the Council in accordance with Section 182 of the Act must have regard to when
preparing a revised Policy, and where appropriate, this has been reflected in
the Council’s revised Policy, together with a number of legislative changes
that were detailed in the report. The
format of the Statement of Policy has been reviewed via the Gwent Licensing
Forum and amended to align with neighbouring Licensing authorities within the
Gwent region, which share the same local health board and police force area to
bring about a consistency of approach
The proposed changes were outlined to Members for their comments and set
out in Sections 5.5 to 5.8 of the Officer’s report, with Members also referred
to the Statement of Licensing Policy and the Licensing Authorities model pool
of conditions appended to the report.
During the course of the ensuing
debate and in response to Members’ queries, Officers confirmed that two
comments had been posted on the Council’s website during the consultation
period and some general enquires had been received from licensees regarding the
Policy, but assured the Committee that no adverse concerns had been received
from consultees. Members were advised
that Responsible Authorities took part in the pre-preparation of the revised
Policy and that Gwent Police and the Local Health Board had both confirmed that
they were satisfied with the revisions.
Members suggested that it would have
been useful to view the current Policy with the suggested revisions included as
track changes in order to easily identify the alterations. Officers explained that on this occasion, it
was not possible to reflect the changes in this way, as the entire format of the Policy had
been amended to align with neighbouring authorities, and therefore any changes
would not be easily identifiable and instead were outlined in the Officer’s
report. However, Officers confirmed that
any future reviews of the Policy could include track changes now that the document
is in its updated format. Officers
confirmed that this explanation would be included when the report is presented
to Council.
The Licensing and Gambling Committee thanked Officers for the extensive
work carried out in the preparation of the revised Policy, and following
consideration of the report, it was moved and seconded that the following
recommendation be forwarded to Council for approval. By way of roll call (and in noting there were
7 for, 0 against and 0 abstentions) this was unanimously agreed.
RECOMMENDED to Council that the revised Statement of Licensing Policy as
appended to the report be approved.
Supporting documents:
- Licensing Act 2003 – Statement of Licensing Policy, item 3. PDF 243 KB
- Licensing Act 2003 – Statement of Licensing Policy Appendix 1, item 3. PDF 1012 KB
- Licensing Act 2003 – Statement of Licensing Policy Appendix 2, item 3. PDF 626 KB