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.

Agreed the draft Licensing Policy for public consultation. 

Proposal to suspend Section 12.16 of the Constitution to allow the draft Licensing Policy to go out to external consultation with out the required days for Scrutiny call-in. Under Section 12.16 of the Scrutiny Committee Procedure Rules (under Part 4 of the Constitution) the call-in procedure shall not apply "where the decision being taken by the executive decision maker is urgent."

A decision is deemed urgent " if any delay likely to be caused by the call-in process would seriously prejudice the Council's or the public's interests." The portfolio holder must reach agreement with the chairman of the council both that the decision proposed is reasonable in all the circumstances and to it being treated as a matter of urgency. A decision taken in this manner must be reported to the next available meeting of Council together with the reasons for urgency.

We believe that the decision is urgent in this case due to the timetable the Council needs to follow to enable it to comply with its statutory duties under the Licensing Act 2003.

7th February 2005 is the "first appointed day" - the beginning of the Act's transitional period when applications for conversions to new licenses can be made. The Guidance to Local Authorities on implementing the Act was issued on 7th July 2004 - the Council could only then begin preparing its policy statement setting out how it will deliver the Act's reforms. The timetable is extremely tight and there is no room for manoeuvre in December/January due there being no Full Council in December or until the end of January.

There is not enough time to factor in Cabinet approval and call-in into the process without meeting all the relevant deadlines. We are advised that any delay caused by the call-in process would seriously prejudice the Council's interests.