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Agenda Item No

 

The Vale of Glamorgan Council

 

Licensing Committee: 9th July 2013

 

Report of the Director of Development Services

 

For Information Report - Licensing Act 2003 (Descriptions of Entertainment) (Amendment) Order 2013

 

Purpose of the Report

1.             Is to inform Members of the commencement of the Licensing Act 2003 (Descriptions of Entertainment) (Amendment) Order 2013, and to outline the amendments the Act has made to the Licensing Act 2003.

Recommendation

That Members note the contents of this Report.

Reason for the Recommendation

In order for Members to be aware of the changes in the administration of the licensing function.

 

Background

The Licensing Act 2003 (Descriptions of Entertainment) (Amendment) Order 2013 has been approved by Parliament and commenced on 27th June 2013. The Order amends the description of the activities that qualify as Regulated Entertainment under the Licensing Act 2003. Chapter 15 of Section 182 Guidance is attached to this report at

Appendix A.

 

Relevant Issues and Options

2.             On the commencement of the Licensing Act 2003 (Descriptions of Entertainment) (Amendment) Order 2013 the following activities will no longer require to be licensed under the Licensing Act 2003;

·               The performance of a play or exhibition of dance with an audience of up to 500 between the hours of 08.00 and 23.00 hours.

·               Indoor sporting events with an audience of up to 1,000 between the hours of 08.00 and 23.00 hours.

3.             Besides deregulating the activities outlined above the Order clarifies the position of combined fighting sports such as Mixed Martial Arts, so that it is clear that such activities remain licensable as Boxing or Wrestling activities.

Resource Implications (Financial and Employment)

4.             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. 

Sustainability and Climate Change Implications

5.             None as a result of this report.

Legal Implications (to Include Human Rights Implications)

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

Crime and Disorder Implications

7.             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 Authority is committed to reducing crime, disorder and anti social behaviour 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)

8.             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 an equitable basis in respect of all applications.

Corporate/Service Objectives

9.             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

10.        This is a matter for Licensing Committee consideration.

Consultation (including Ward Member Consultation)

11.        None.

Relevant Scrutiny Committee

12.        Housing and Public Protection.

Background Papers

None.

 

Contact Officer

Amanda Ewington, Licensing Team Leader, 01446 709105

 

Officers Consulted

Richard Price, Lawyer, Legal Services 01446 709409

 

Responsible Officer:

Rob Thomas, Director of Development Services.

 

 

 

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