Agenda item

To consider an annual update on the Licensing Act 2003.

(Report attached)

The Licensing Manager presented her annual update report, which gave an overall view on the functions carried out by the Council under the Licensing Act 2003.

Members were informed that the Licensing Team had developed, and would continue to develop, working practices and procedures in partnership with the Responsible Authorities and Community Safety to ensure that the licence trade contribute to a safe and successful night time economy.

The Licensing Manager reported the following:

1)                 22 complaints had been made to environmental health regarding noise issues from licensed premises.  Some had been resolved quickly through mediations, letter or advice provided by Environmental Health Officers and Licensing Officers working together to address the issues.  Others had been prolonged and had required evidence gathering.

2)                 198 visits had been made to premises to ensure their compliance with legislation to control all smoking in enclosed public spaces, and workplaces (including shops, pubs, restaurants and public vehicles).
2 complaints had been investigated for smoking on licensed premises.

3)                 1 complaint regarding Breach of Licensing Conditions together with 1 complaint regarding irresponsible drinks promotions had been investigated jointly by West Mercia Police and the Council.

4)                 40 Temporary Event Notices had been served on the Council.  No counter notices had been received from the Police.  No premises had used their quota of temporary events and no advice had been required regarding the need for a Premises Licence and no problems with using the system had been reported to the Council.

5)                 Work had been carried out to integrate the Licensing Policy with other strategies adopted by the Council.  Conditions attached to Premises Licences had reflected local crime prevention strategies, whenever possible and the Licensing Manager had regularly attended meetings of the Crime and Disorder Reduction Partnership.

6)                 Comment had been made on various Central Government transport strategies including consultation on Improving Access to Taxis.

7)                 A member of the Licensing Team had attended regular Pubwatch meetings and would continue to do so to discuss and keep under review matters relating to licensing.

8)                 The Statement of Licensing Policy would be reviewed and protocols would be established in partnership with the Responsible Authorities to enable more robust enforcement.

9)                 A Licensing Forum had been established to discuss the wider issues of licensing with the Responsible Authorities on a quarterly basis.  A Sub Group had also been set up to target problem premises and co-ordinate enforcement action between the Responsible Authorities.

10)             Out of Hours and Daytime Inspections had been carried out in partnership with the Police.

11)             The Council’s Community Safety Team, the Police and Trading Standards had carried out a joint risk assessment of a number of high risk premises.  From this work a selection of premises were targeted through the Home Office funded ‘Due Diligence Audit’ programme.

12)             An early intervention programme was commenced to address complaints or concerns at premises where there had been a failure of general management.

13)             Following endorsement by this Committee on 2nd November to carry out inspections on behalf of the Security Industry Authority (SIA) a date has been agreed for the first inspection.

14)             The Licensing Manager, currently Chair, has attended the County Licensing Officers Working Group to share information on services and assist in drafting common Licence Application Forms and Policy and Guidance Notes.

15)             A handbook, which included a copy of the Licensing Act 2003, guidance under Section 182, a jargon buster, Lacors guidance on the role of elected Members and the Council’s Statement of Licensing Policy had been distributed to Members in August.  

RESOLVED that

the report be noted.

(The Licensing Manager was asked to provide Councillors Braley and Hartnett with more detail on complaints received regarding Smoking on Licensed Premises, Breach of Licensing Conditions and irresponsible drinks promotions.)