Agenda item
REVIEW - LICENSING ACT 2003: STATEMENT OF LICENSING POLICY
- Meeting of Licensing Committee, Wednesday, 15 September 2021 9.30 am (Item 5.)
- View the background to item 5.
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.
Decision:
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.
Minutes:
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 be
added. Officers agreed to seek the views
of the Health Board thereon.
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.
Supporting documents:
- STATEMENT OF LICENSING POLICY, item 5. PDF 132 KB
- STATEMENT OF LICENSING POLICY - APPENDIX, item 5. PDF 815 KB