Agenda Item No 7
The Vale of Glamorgan Council
Licensing Committee 20th January 2015
Report of the Director of Development Services
Information Report - Licensing Act 2003 Personal Licences
Purpose of the Report
1. To inform Members of the amendments to arrangements for the renewal of Personal Licences granted under the Licensing Act 2003.
It is recommended that Members note the contents of this Report.
Reason for Recommendation
To inform Members of the changes in the administration of the licensing function.
2. Personal Licences are granted under the Licensing Act 2003 for a ten year period. The first Personal Licences were issued in 2005.
3. Under transitional arrangements holders of Justices Licences were, upon application, granted Personal Licences as a grandfather right.
4. New applicants for Personal Licences are required to;
complete one of the accredited courses for Personal Licence Holders
provide a basic criminal record disclosure certificate or PNC disclosure
provide two passport photographs, one of which is endorsed as a true likeness
pay a fee of £37.00
5. The first Personal Licences issued by the Vale of Glamorgan were granted in November 2005 and will, therefore, be due for renewal in November 2015.
Relevant Issues and Options
6. The Government is in the process of removing the requirement to renew Personal Licences by way of the Deregulation Bill 2013-14 to 2014-15 which is currently progressing through the House of Lords.
7. Since the Bill is unlikely to receive Royal Assent before the tenth anniversary of the date on which the first Personal Licences were granted, the Government has introduced arrangements to allow holders of these Personal Licences to make a simple renewal application.
8. Applicants must complete an application form and submit it to the Licensing Authority no later than one month before their licence expires. Applicants will not have to pay a fee, or have to submit photographs, or any form of criminal records certification. They will be required to provide a copy of their licence.
Resource Implications (Financial and Employment)
9. 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. Transitional renewals will be at full cost to the Council.
Sustainability and Climate Change Implications
Legal Implications (to Include Human Rights Implications)
11. A Licensing Authority must carry out its functions under the 2003 Act with a view to promoting the licensing objectives.
Crime and Disorder Implications
12. 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)
13. 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.
14. 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
15. The proposals in this Report are in accordance with the policy framework and budget
Consultation (including Ward Member Consultation)
Relevant Scrutiny Committee
17. Housing and Public Protection.
Amanda Ewington. Licensing Team Leader 01446 709782
Richard Price, Lawyer, Legal Services 01446 709409
D R Thomas, Director of Development Services