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Agenda Item No

The Vale of Glamorgan Council

 

Statutory Licensing Committee 7 June 2016

 

Report of the Director of Environment and Housing

 

Licensing Act 2003: Statement of Licensing Policy 2016-2021

 

Purpose of the Report

  1. To seek Committee approval to commence the consultation process required in order to determine and publish the Council's Statement of Licensing Policy.

Recommendation

The Committee is requested to authorise the Director of Environment and Housing to undertake the statutory consultation process and authorise that the Statement of Licensing Policy is timetabled for referral to Cabinet on 5 September 2016 and full Council on 28 September 2016 for approval.

Reason for the Recommendation

Section 5 of the Licensing Act 2003 requires a licensing authority determine its policy with respect to the exercise of its licensing functions and to publish a statement of that policy. The determination of the statement of licensing policy is a Council function.

Background

  1. The Council's Draft Statement of Licensing Policy for the period 2016-2021 is attached at Appendix A. The draft policy contains a number of legislative updates which are highlighted in bold within the document. At this point the authority has not been asked to consider and include any significant licensing policy changes, but this situation may alter as the consultation process proceeds.
  2. The licensing authority must consult a number of responsible authorities and community representatives before determining its policy.
  3. These include:
  • The Chief Officer of Police
  • The fire and rescue authority
  • The Local Health Board
  • Such persons as the licensing authority considers to be representative of holders of premises licences issued by that authority
  • Such persons as the licensing authority considers to be representative of holders of club premises certificates issued by that authority
  • Such persons as the licensing authority considers to be representative of holders of personal licences issued by that authority and
  • Such other persons as the licensing authority considers to be representatives of businesses and residents in its area
  1. The consultation will be published on the Council's website.
  2. In addition, local consultees will include all Elected Members and Town and Community Councils by email, The British Institute of Innkeeping (BII), and solicitors who have previously expressed a wish to be consulted, Safer Vale, and the Council's Urban Regeneration and Tourism and Marketing Departments.

Resource Implications (Financial and Employment)

  1. None. Any on-going costs associated with the Licensing Act 2003 will be met from fee arrangements.

Sustainability and Climate Change Implications

  1. None.

Legal Implications (to Include Human Rights Implications)

  1. Section 5 of the Licensing Act 2003 states that each licensing authority must in respect of each five year period

(a)    determine its policy with respect to the exercise of its licensing functions and

(b)    publish a statement of that policy before the beginning of the period.

Crime and Disorder Implications

  1. Under Section 17 of the Crime and Disorder Act 1998 the Council has a statutory duty to consider crime, disorder and antisocial behaviour implications whilst regulating licensing activities.
  2. The licensing objectives set out in the Act include the prevention of crime and disorder and the prevention of public nuisance.

Equal Opportunities Implications (to include Welsh Language issues)

  1. The Statement of Licensing Policy will be translated into Welsh following Council approval, and published in English and Welsh.

Corporate/Service Objectives

  1. An effective Statement of Licensing Policy contributes to the Well Being Outcome1: "An Inclusive and Safer Vale.

and

Objective 2: Providing decent homes and safe communities.

Policy Framework and Budget

  1. This is a matter for decision for the Statutory Licensing Committee to approve and Council to determine the final policy.

Consultation (including Ward Member Consultation)

  1. None.

Relevant Scrutiny Committee

  1. Homes and Safe Communities.

Background Papers

Section 182 Guidance published by the Home Office at www.homeoffice.gov.uk

Licensing Act 2003

Contact Officer

Yvonne Witchell, Team Manager Licensing 01656 643105

Officers Consulted

Committee Reports - Richard Price, Lawyer, Legal Services

Responsible Officer:

Miles Punter - Director of Environment and Housing Services

 

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