REVIEW - LICENSING ACT 2003: STATEMENT OF LICENSING POLICY
To consider a report by the Head of Planning, Public Protection and Countryside Services (copy enclosed) seeking members’ review of the Council’s Statement of Licensing Policy prior to formal consultation and subsequent submission to full Council.
- STATEMENT OF LICENSING POLICY - APPENDIX, item 5 PDF 815 KB
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RESOLVED that, subject to members’ comments and observations, the Committee authorise officers to commence consultation, and –
(a) in the event of no representations being received as a result of the consultation the draft Statement of Licensing Policy be submitted to full Council for approval, or
(b) in the event of representations being received as a result of the consultation officers report back to the next meeting of the Licensing Committee in December 2021.
The Senior Licensing Officer submitted a report (previously circulated) seeking members’ review of the Council’s Statement of Licensing Policy prior to formal consultation and subsequent submission to full Council. The policy established a local framework for decision-making when considering applications for relevant permissions or variations to existing terms and conditions and it was a statutory requirement to consult and review the policy on at least a 5 yearly basis.
Given the benefits of a consistent policy across North Wales the majority of the proposed changes had been drafted by the six North Wales licensing authorities and had been highlighted in red for members’ consideration. No significant changes had been proposed other than to include legislative changes, health board responsibilities and to strengthen matters relating to drugs and the inclusion of local initiatives. The consultation process included public notice of the draft policy together with contacting statutory consultees and all licence and permit holders. Officers recommended that any representations received be reported back to the Committee but in the event of no representations a report be submitted to full Council to approve the draft policy.
The Committee considered the draft Statement of Licensing Policy and discussed with officers various requirements and reasonable steps the local authority expected from licensed premises. Officers responded to members’ questions and comments regarding various aspects of the policy and provided clarity in a number of areas. Main points of debate focused on the following –
· officers confirmed it was a legislative requirement for all premises licensed for the supply of alcohol to provide free drinking water on request
· members had queried the proposed reference to the provision of a first aid room and equipment (including a defibrillator in larger venues) and whether it needed to be included in the policy given that the responsibility for such rested with the licensed premises themselves and not the licensing authority. Officers confirmed that any requirement to provide first aid facilities would be determined within the risk assessments undertaken by licensed premises themselves and also regard to the Health and Safety at Work Act. However it was appropriate that the policy considered the management of licensed premises in its entirety and to encourage all reasonable steps to be undertaken. No specific stipulations for licensed premises had been proposed in terms of first aid provisions given that it was for the individual licensed premises to determine what was reasonable for them
· it was clarified that drinking from bottles would be permitted unless there was a condition on the individual premises licence prohibiting that practice and officers agreed to revisit the wording within the policy to ensure clarity in that regard
· controls over drinking alcohol in streets/public places would be subject to Public Space Protection Orders
· Appendix 6 within the policy referred to mandatory conditions which could not be changed
· in terms of staff training expectations, each licensed premises was responsible for staff training and would have its own training programme
· whilst there was no definition of ‘larger venues’ the expectation was that any additional measures required given the size of the venue would be determined within the risk assessment of the individual premises
· in responding to comments regarding the lack of reference to building control regulations in section 5 of the policy officers advised that Planning Services were statutory consultees and had the opportunity to input into the policy review; officers agreed to seek the views of Building Control specifically in that regard
· Councillor Meirick Davies referred to the reference in the policy (page 64) to “alcohol is a toxic substance” and asked whether “and a drug, and habit forming” could ... view the full minutes text for item 5