Agenda and minutes

To declare any personal/prejudicial interests for the purpose of Section 81(3) of the Local Government Act 2000 and paragraphs 8 to 12 of the Members Code of Conduct

There were no declarations of interest

Apologies for absence were received from Councillors Dobson, Grayshon and G Hussain

To consider the report of the Assistant Chief Executive (Corporate Governance) setting out the measures proposed by the Government which are intended to rebalance the licensing regime under the Licensing Act 2003. The report also provides the Council’s proposed response to the Home Office consultation

(Report attached)

The Assistant Chief Executive (Corporate Governance) submitted a report providing details of the Home Office Consultation entitled “Rebalancing the Licensing Act “which set out measures intended to change the emphasis of the Licensing Act 2003 (LA2003). The Government had released the document for consultation with responses due by 8^th September 2010. The short time frame necessitated this special meeting of the Committee to consider the draft response for the Authority drawn up by officers.

The report included the consultation document containing 29 questions set by the Home Office and the proposed responses drawn up in conjunction with relevant LCC officers. Officers highlighted the following key changes if the measures were introduced:

·  A move away from the notion of the Authority working in partnership with business and the introduction of more regulation by local authorities. Key to this was the removal of the “necessity” to evidence licensing decisions, although it was noted LCC could choose to keep “necessity” within its Licensing Policy

·  Increased weight to be given to representations made by the police

·  More encouragement for community involvement. Members noted LCC undertook this already through the Area Committees and associated partners

·  Public Health to be included as a 5^th licensing objective. Members discussed the additional resources the Primary Care Trusts would require but it was noted that local PCTs would not have a great role at the new application stage, rather they would have an increased role to play at the time of Reviews

·  An overhaul of the appeals process whereby the Magistrates default position will be to remit an appeal back to the Authority for a re-hearing. Members suggested the second sub committee should not contain Members from the first in these cases

·  Simplification of the Cumulative Impact Policy process and removal of requirement for evidence to support the decision to adopt a CIP. It was noted again that LCC could still require evidence through its Policy, as evidence was desirable in the event of any appeals.

·  Late night levy – local licensing businesses could be required to pay towards street marshals, local police etc. LCC had expressed concern over how the levy would be administered

·  A limit on opening hours in particular areas (zoning)

·  An overhaul of the TEN process including a change to the notice period and other Responsible Authorities being able to make representations

·  Fines to be increased on premises found to make continued sales of alcohol to under age persons

·  Voluntary closure period to be increased from 48 hours to 7 days

·  Reviews to be automatically instigated for any premise found to make a sale of alcohol to under age persons twice in a three month period

·  A ban on below cost sales. Members noted the response of the Enforcement and Liaison Officer expressing concern over the monitoring and enforcement of this proposal and suggesting that a minimum pricing per unit would be more transparent. Members agreed with this stance and commented the cost of the product was not a matter for the Authority  ...  view the full minutes text for item 23.