Agenda item

Licensing Act 2003 Licensing Policy Statement

Report of the Cabinet Member Development and Safety

Minutes:

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 noted; and

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

Supporting documents: