Decision details

The purpose of this decision is to allow the attached draft policy statement to be circulated for consultation.

The review of a statement of Licensing Policy is a requirement under Section 5 of the Licensing Act 2003 (The Act). Without a policy the Council may be subject to Judicial Review for failing in its responsibility to carry out a statutory duty. In preparing the draft statement of Licensing Policy, officers have given full regard to both the requirements of The Act itself and the guidelines issued by the Department of Culture Media and Sports and where appropriate relevant Council strategies such as crime and disorder. The revised Policy should be in place by the 8^th January 2008.

The Policy will continue to be a document that continually develops to reflect the changing nature of the alcohol and entertainments industry, Government initiatives and the needs of local businesses and residents alike.

The existing policy was previously consulted on during 2005 with the final policy being considered and adopted by Full Council with a commencement date of the 7^th February 2005.

Careful consideration has been given to revised guidance issued on the 28^th June 2007; suggested amended wording is marked by ‘tracked changes’.

To ensure the Council meets the timescales set as closely as possible it is proposed to report on the matter as follows: -

(a)               Portfolio Holder agrees to issue of draft statement for consultation 23^rd July 2007. 

(b)               Portfolio Holder/Licensing Committee joint meeting to be held late October to consider the consultation responses and recommend any amendments to the draft policy to Cabinet.

(c)               Policy to Cabinet on the 8^th November 2007 for approval and recommended adoption to Full Council.

(d)               Full Council approval on 31^st January 2008. The policy will then form the basis of any decision taken in respect of applications or enforcement under the Licensing Act 2003 by Officers or any Committee or sub–committee involved in licensing decisions.

(e)               The statement of Licensing Policy will be reviewed in full at 3 yearly intervals as required under Section.5 of the Act, but will be open to review at any time during that period should it prove necessary to do so.

The Licensing Committee (2203 Act) RECOMMENDS to the Leader and subsequently to full Council that the revised Statement of Licensing Policy be adopted. 

Other Options Considered:

(a)               That the Policy is adopted in its current form

(b)               That the Policy is not adopted in its current form

(c)               That the Policy is adopted without amendments

Reason for Decision: Failure to adopt a revised Policy would result in the Council failing in its statutory duties under the Licensing Act 2003.