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
To report back on the consultation undertaken in respect of the Draft Statement of Licensing Policy.
To consider the responses and proposals for amendment of the Policy.
To recommend that the Draft Statement of Licensing Policy is referred for comment to Cabinet and to Council for decision on 28 September 2016.
Members approve the amendments to be made to the Draft Statement of Licensing Policy.
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.
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
The Licensing Act 2003 places a duty on Local Authorities to develop a Statement of Licensing Policy that promotes the licensing objectives:
The prevention of crime and disorder.
Prevention of Public Nuisance
The Protection of Children from Harm.
A list of consultees is included in Section Four of the policy.
Public Notice of the consultation was published on the Vale of Glamorgan Council website.
A list of the responses with proposed amendments to the Draft Statement of Licensing Policy is attached at Appendix A to this Report.
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)
None. Any on-going costs associated with the Licensing Act 2003 will be met from fee arrangements.
Sustainability and Climate Change Implications
Legal Implications (to Include Human Rights Implications)
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
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.
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)
The Statement of Licensing Policy will be published in English and Welsh.
An effective Statement of Licensing Policy contributes to the Well Being Outcome 1: An Inclusive and Safer Vale.
Objective 2: Providing decent homes and safe communities.
Policy Framework and Budget
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)
Statutory consultation undertaken.
Relevant Scrutiny Committee
Homes and Safe Communities.
Section 182 Guidance published by the Home Office at www.homeoffice.gov.uk
Licensing Act 2003
Yvonne Witchell - Team Manager Licensing
Richard Price, Lawyer, Legal Services 01446 709409
Miles Punter, Director of Environment and Housing