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Agenda Item No

The Vale of Glamorgan Council

 

Statutory Licensing Committee 26 July 2016

 

Report of the Director of Environment and Housing

 

Licensing Act 2003 - Statement of Licensing Policy 2016-2021

               

Purpose of the Report

  1. To report back on the consultation undertaken in respect of the Draft Statement of Licensing Policy.
  2. To consider the responses and proposals for amendment of the Policy.
  3. To recommend that the Draft Statement of Licensing Policy is referred for comment to Cabinet and to Council for decision on 28 September 2016.

Recommendations

  1. Members approve the amendments to be made to the Draft Statement of Licensing Policy.
  2. The amended Statement of Licensing Policy is referred for comment to Cabinet and to Council for approval on 28 September 2016.

Reason for the Recommendations

Section 5 of the Licensing Act 2003 requires a licensing authority to 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 Draft Statement of Licensing Policy was the subject of a statutory consultation period between 15 June 2016 and 19 July 2016.

Relevant Issues and Options

  1. The Licensing Act 2003 places a duty on Local Authorities to develop a Statement of Licensing Policy that promotes the licensing objectives:
  2. The prevention of crime and disorder.
  3. Public Safety.
  4. Prevention of Public Nuisance
  5. The Protection of Children from Harm.
  6. A list of consultees is included in Section Four of the policy.
  7. Public Notice of the consultation was published on the Vale of Glamorgan Council website.
  8. A list of the responses with proposed amendments to the Draft Statement of Licensing Policy is attached at Appendix A to this Report.
  9. The amended Draft Statement of Licensing Policy for the five year period 2016 - 2021 is attached at Appendix B to this Report.

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 published in English and Welsh.

Corporate/Service Objectives

  1. An effective Statement of Licensing Policy contributes to the Well Being Outcome 1: 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 for Council to determine the final policy.

Consultation (including Ward Member Consultation)

  1. Statutory consultation undertaken.

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

Consultation responses

Contact Officer

Yvonne Witchell - Team Manager Licensing

Officers Consulted

Richard Price, Lawyer, Legal Services 01446 709409

Responsible Officer:

Miles Punter, Director of Environment and Housing

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