Issue - meetings

Report of the Cabinet Member Development and Safety

The Cabinet Member Development and Safety introduced the report and explained that Section 5 of the Licensing Act 2003 required the Council to review, determine and publish its Licensing Act Policy Statement every five years. He reminded members that the current Policy Statement was adopted by the Council on 10 February 2012. Whilst it was not technically necessary to review the adopted policy statement until 2016, it was deemed appropriate to undertaken an early review to reflect various changes in law, good practice and changes to the local licensing landscape.

Consultation had been undertaken and this report was asking Council to consider the consultation feedback and adopt the revised policy. He explained the background to the Licensing Act 2003 which was the primary legislation that dealt with the licensing requirement relating to:

a)    The sale of retail alcohol

b)    The supply of alcohol by or on behalf of a club to, or to the odrder of a member of the club

c)    The provision of regulated entertainment

d)    The provision of late night refreshment

The Cabinet member said that these activities were authorised through the issue of:

a)    a premises license

b)    a club premises certificate

c)    a temporary events notice

the Council was obligated to promote the four licensing objectives when discharging its functions under the 2003 Act when setting policy. The licensing objectives are:

a)    The prevention of crime and disorder

b)    Public safety

c)    The prevention of public nuisance

d)    The protection of children from harm

The draft policy statement set out the principles the council would apply when determining applications under the 2003 Act for the next 5 years. It also provided guidance to licence holders and applicants on how to make an application and advised how the Council would determine applications.

The amended new policy statement set out a proposed policy vision to make Cheltenham a safe and clean town that offered a great diversity in the night time economy. That is less focused on alcohol and that protects the quality of life for residents. In order for the Council to achieve this vision it must become more proactive in shaping the licensing landscape of the town.

The revised policy statement has a number of proposed measures:

1)    Designating the town centre as an ‘area of concern’ (allowing the Council to regulate the number of licensed premises)

2)    Introducing core hours for licensable activities

3)    Restricting latest admission times (1 hour before closing for clubs, half an hour for bars)

4)    Restrict the sale of alcohol from take away food premises

5)    Restrict the use of pavement cafes and external areas to before 23:00 hours

6)    The adoption of a Code of Good Practice for drinks promotions

7)    Formalising the Council’s approach to the classification of films not classified by the British Board of Film Classification

8)    The adoption of model conditions for licensing

The Cabinet Member reported that consultation on the revised policy had been undertaken for 12 weeks between April and July 2015  ...  view the full minutes text for item 9

Report of the Cabinet Member Development and Safety

RESOLVED THAT

1.    Note the consultation feedback and officer comments; and

2.    the revised policy attached at Appendix 2 be approved.

The Cabinet Member Development and Safety introduced the report and explained that sections of the Licensing Act 2000 required the council to review, determine and publish its Licensing Act 2003 Policy statement every three years. The current Policy statement was adopted by council on 10 February 2012. He reported that whilst it was not technically necessary to review the adopted policy statement until 2016, an early review had been undertaken to reflect various changes in law, good practice and changes to the local licensing landscape. He explained that consultation had been undertaken and the report was asking Cabinet to consider the consultation feedback and adopt the revised policy.

The Cabinet Member went on to explain that the Licensing Act 2003 was the primary legislation that dealt with the licensing requirements relating to :

a)    The sale of alcohol

b)    The supply of alcohol by a club

c)    The provision of regulated entertainment

d)    The provision of late night refreshment

These activities were authorised through the issue of :

a)   A premises license

b)   A club premises certificate

c)   A temporary events notice

He explained that the council was obligated to promote the four licensing objectives when discharging its functions under the 2003 Act including setting policy. He reminded members that the licensing objectives were :

a)    The prevention of crime and disorder

b)    Public safety

c)    The prevention of public nuisance

d)    The protection of children from harm

The draft proposed policy statement was attached at appendix 2 of the report.

The policy statement set out the principles the council would apply when determining applications under the 2003 Act for up to the next 5 years.

The amended policy statement set out a proposed policy vision to make Cheltenham a safe and clean town that offered a greater diversity in the night time economy that is not solely focused on alcohol and that protected the quality of life for residents. In order for the council to achieve this vision, it must become more proactive in shaping the licensing landscape of the town. The Cabinet Member explained that the specific measures proposed included :

a)    Designating the town centre as an “area of concern” to allow the council to review the impact of licensed premises in this area

b)    Introducing core hours for licensable activities

c)    Introducing “latest admission times” strategy

d)    Restrict the sale of alcohol at take away food premises

e)    Restrict the use of external areas to 23:00 to reduce nuisance to local residents.

f)     Promote a code of good practice for drinks promotions

g)    Film Classifications-introduces a formal classification process for films not classified by the British Board of film control (regulated entertainment)

h)    Introduce a pool of model conditions-to promote the use of clear, proportionate and enforceable conditions

The Cabinet Member reported that the feedback to the consultation exercise was attached at appendix 3. 4 responses were received and all had received responses from licensing officers.

RESOLVED THAT

1.    the consultation feedback and officer comments be  ...  view the full minutes text for item 9