Agenda and minutes

Apologies were received from Cllr David Allam and Cllr Judy Kelly.

None.

It was confirmed that all items of business would be considered in public.

The minutes of 1 July 2010 were agreed by the Committee.

Officers presented the report to obtain the Licensing Committee’s opinion of the Home Office proposals and to seek their views in respect of the specific questions raised in the consultation.

Officers informed Members that the new government coalition was introducing a number of new proposals which would overhaul the Licensing Act 2003 by giving more powers to Licensing Authorities by:

·        Give licensing authorities the power to refuse licence applications or call for a licence review without requiring relevant representations from a responsible authority.

·        Remove the need for licensing authorities to demonstrate their decisions on licences ‘are necessary’ for (rather than of benefit to) the promotion of the licensing objectives.

·        Reduce the evidential burden of proof required by licensing authorities in making decisions on licence applications and licence reviews.

·        Increase the weight licensing authorities will have to give to relevant representations and objection notices from the police.

·        Simplify Cumulative Impact Policies to allow licensing authorities to have more control over outlet density.

·        Increase the opportunities for local residents or their representative groups to be involved in licensing decisions, without regard to their immediate proximity to premises.

·        Enable more involvement of local health bodies in licensing decisions by designating health bodies as a responsible authority and seeking views on making health a licensing objective.

·        Amend the process of appeal to avoid the costly practice of rehearing licensing decisions.

·        Enable licensing authorities to have flexibility in restricting or extending opening hours to reflect community concerns or preferences.

·        Repeal the unpopular power to establish Alcohol Disorder Zones and allow licensing authorities to use a simple adjustment to the existing fee system to pay for any additional policing needed during late-night opening.

·        Substantial overhaul of the system of Temporary Event Notices to give the police more time to object, enable all responsible authorities to object, increase the notification period and reduce the number that can be applied for by personal licence holders.

·        Introduce tougher sentences for persistent underage sales.

·        Trigger automatic licence reviews following persistent underage sales.

·        Ban the sale of alcohol below cost price.

·        Enable local authorities to increase licensing fees so that they are based on full cost recovery.

·        Enable licensing authorities to revoke licences due to non-payment of fees.

·        Consult on the impact of the Mandatory Licensing Conditions Order and whether the current conditions should be removed.

The Committee considered the Home Office consultation regarding the Licensing Act.