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Agenda Item No

 

The Vale of Glamorgan Council

 

Licensing Committee: 30th May 2012

 

Report of the Director of Legal, Public Protection and Housing Services

 

For Information Report - Police Reform and Social Responsibility Act 2011

 

Purpose of the Report

1.             The purpose of this Report is to inform Members of amendments to the Licensing Act 2003 which came into force on 25th April 2012.

Recommendation

It is recommended that Members note the contents of this Report.

Background

2.             In January 2012 the Licensing Committee was apprised of amendments The Police Reform and Social Responsibility Act 2011 will make to the Licensing Act 2003.  At that time the commencement date for the amendments was not known.  

3.             Some of the provisions of The Police Reform and Social Responsibility Act 2011 came into force on 25th April 2012, others will come into force later this year.  

Relevant Issues and Options

4.             Paragraphs 5 to 20 of this report outline the amendments to the Licensing Act 2003 that came into force on 25th April 2012.

5.             The Licensing Authority became a responsible authority, and will be able to make representations in relation to applications and apply for the review of a licence in its own right.

6.             The Local Health Board also became a responsible authority and will receive copies of all applications. The Board will be able to make representations in relation to applications and will also be able to apply for a review of a licence.

7.             Any person is now entitled to make a representation in relation to an application for a Premises Licence or Club Premises Certificate.  Previously anyone wishing to make such a representation had to live or have a business in the vicinity of the premises.

8.             The Licensing Authority is now required by regulation to advertise an application, including reviews in a prescribed form to bring it to the attention of persons within the Licensing Authorities area and who are likely to be affected by the application

9.             The test for whether conditions and the nature of those conditions which should be attached to a Licence is now whether they are "Appropriate".  Previously conditions had to be deemed "Necessary for the promotion of the Licensing Objectives".  

10.        Environmental Health Officers are now able to object to applications for Temporary Event Notices should they determine that an application undermines one or more of the Licensing Objectives.

11.        There are now two types of Temporary Event Notice. In addition to 'standard' Temporary Event Notices, that can be accepted by the Licensing Authority at least 10 working days before the event, there are 'Late' Temporary Event Notices that can be accepted by the Licensing Authority between 9 and 5 working days before the event takes place. A copy of either notice must also be served on the Police and Environmental Health.

12.        If notices are sent electronically the Licensing Authority must forward the notice to the Police and Environmental Health by the next working day.

13.        Both Temporary Event Notices can now last for a maximum of 168 hours (1 week), rather than 96 hours (4 days), and premises can operate under the authority of a Temporary Event Notice for up to 21 rather than 15 days a year.

14.        Limits on the number of Temporary Event Notices individuals may apply for have been set as follows; Personal Licence Holders can apply for 50 Standard Notices of which 10 can be Late Notices. Non-personal licence holders can apply for 5 Standard Notices of which 2 can be Late Notices.

15.        Conditions may be added to either of the Temporary Event Notices if the Licensing Authority considers; (a) it is appropriate to do so, (b) that those conditions are already included on the Premises Licence or Club Premises Certificate for those premises and, (c) it would not be inconsistent with carrying out the licensable activities under the Temporary Event Notice. For example, a licence condition to use door supervisors can be extended to include the period covered by the Temporary Event Notice.

16.        The Police and Environmental Health now have three working days in which to object to a Standard Temporary Event Notice application as opposed to the two working days previously allowed to the Police.

17.        An application for a Late Temporary Notice is submitted at the applicants risk as the Police or Environmental Health may veto the event. There is no right of appeal under these circumstances.  

18.        The maximum fine for persistently selling alcohol to children has been increased from £10,000 to £20,000. The period that offenders can be ordered to cease selling alcohol by the Police or Trading Standards Officers in such circumstances is amended from a maximum 48 hours, to a minimum of 48 hours and a maximum of 336 hours (14 days).

19.        The Licensing Authority may suspend a Premises Licence or a Club Premises Certificate where the annual fee has not been paid when it is due.

20.        The review of Licensing Policy Statements is extended from every 3 years to every 5 years.

21.        It is anticipated that as a result of the Police Reform and Social Responsibility Act 2011 further amendments to the Licensing Act 2003 will be introduced later in the year.  The Licensing Committee will be updated on amendments as they are introduced.

Resource Implications (Financial and Employment)

22.        The current nationally prescribed fees and charges for applications and notices made under the Licensing Act 2003 do not cover the full cost of providing the service.  However, it is expected that amendments due to be introduced later in the year will allow Licensing Authorities to set their own fees and charges.

Legal Implications (to Include Human Rights Implications)

23.        A Licensing Authority must carry out its functions under the 2003 Act with a view to promoting the licensing objectives.

Crime and Disorder Implications

24.        Under Section 17 of the Crime and Disorder Act 1998 local authorities must have regard to the likely effect of the exercise of their functions on, and do all they can to prevent, crime and disorder in their area.

·               The Licensing Authority is committed to reducing crime and disorder across the Vale of Glamorgan.  Reducing crime and the fear of crime is important to the community, especially vulnerable members of the community such as the very young and elderly

Equal Opportunities Implications (to include Welsh Language issues)

25.        The Licensing Authority is obliged to deal with all aspects of the Licensing Act 2003 on an impartial and equitable basis.  It is also required to apply its Licensing Conditions on a equitable basis in respect of all applications.

Corporate/Service Objectives

26.        To protect the health and safety of the community by ensuring businesses meet legislative requirements, controlling infectious diseases, encouraging responsible dog ownership, controlling pests and regulating animal health and welfare. To maintain a fair and equitable trading environment.

Policy Framework and Budget

The proposals in this Report are in accordance with the policy framework and budget

Consultation (including Ward Member Consultation)

27.        None

Relevant Scrutiny Committee

28.        Housing and Public Protection.

Background Papers

None

Contact Officer

Kate Thompson, Principal Licensing Officer Tel: 01446 709105

Officers Consulted

None

Responsible Officer:

Peter H Evans, Director of Legal, Public Protection and Housing Services

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