Agenda item

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 and four responses were received. He drew Council’s attention to the comments of the Licensing Committee and the action taken by officers to address those comments.

The revised policy aimed to give additional guidance and structure to the licensing process to support the licensing objectives listed at 2.3 of the report.

The following responses were given to questions:

·         Enforcement of not being able to drink 10 mins before closing-the Cabinet Member referred to the limits outlined in 6.4.1 10am-3am; he explained that most licensed establishments closed at midnight; this did not necessarily impinge on a person’s ability to drink

·         When asked whether the core hours were rules or guidelines the Cabinet Member explained that the core hours were laid down for ease but an establishment was entitled to apply outside hours but this would have to be considered by Licensing Committee

·         There was no policy to undermine the legal right of licensing committee to make decisions

Members welcomed the new policy which would enhance the economy of the town. They felt that much had been achieved over the last 10-15 years and the proposed changes were important to Cheltenham as a place which was attractive to live in and visit.

The Chair of Licensing Committee commended the draft policy and supported the the fact that it addressed the regulation of alcohol consumption.

A member raised the issue of “preloading” among young people. In response the Cabinet Member highlighted that he was aware of the issues with preloading and discussions were taking place with off licences about this. The purpose of the policy was to enhance the late night economy with proper regulation and to ensure the rules were properly enforced and understood.

RESOLVED (unanimously) THAT

1.    the consultation feedback and officer comments be noted.

2.    In accordance with paragraph 3.24, an amendment to Part 3C of the Council’s constitution be approved to delegate authority to the Acting Managing Director Place and Economic Development to classify films up to a classification of 15 and higher classifications to the Licensing Committee; and

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