Agenda item

To note the report of the Head of Licensing and Registration outlining proposed responses to two Central Government consultations on issues which fall within the remit  of the Licensing Committee  

(report attached)

The Head of Licensing and Registration submitted a report outlining proposed responses to two central Government consultations on issues falling within the remit of the Licensing Committee. Copies of the relevant documents were included within the report. Members considered each consultation and proposed response in turn and made the following comments:

The Future of the Better Regulation Office and extending the benefits of the Primary Authority Scheme – which included proposals to include “age restricted” products within the Primary Authority Scheme (PAS)

• Identified the impact this could have on local decision making, particularly in terms of the Licensing Act 2003 which empowered local authorities to regulate relevant products in their area

(Councillor Dunn re-joined the meeting)

• Concern that one PAS could be swamped with regulatory duties by being designated by several operators
• No clear indication of how a local authority will identify and recover “reasonable costs”
• Identified an anomaly that although West Yorkshire Trading Standards were identified as a Primary Authority, West Yorkshire Police were not and this could impact on collaborative working and enforcement outcomes resulting in a two-tier approach by both agencies
• noted the practical example of the impact the scheme could have on measures often conditioned by sub committees based on local considerations specific to individual premises - such as seeking to impose Check 25 when an operator had signed up a PAS with Check 21 age verification. Also, consideration to closed-circuit television measures specific to a premises.
• The Coalition Agreement makes it clear to bring an end to ‘tick-box regulation’.

(Councillors Khan, Townsley and Selby left the meeting at this point)

The Committee broadly supported the proposed response set out in appendix B of the report

(Councillor Selby resumed his seat in the meeting

Local Better Regulation Office: Age Restricted Products and Services Consultation – on how to encourage a code of practice/engage with operators

• highlighted the responsibility to educate young people on under age sales
• highlighted concern that test purchase volunteers could be allowed to conceal their true age when challenged by an operator. Concerns were expressed about asking young persons to lie about their true age which was morally wrong. Also, if a person were to lie about their true age this could possibly provide a defence against criminal liability on the grounds of entrapment/agent provocateur as it could be argued that the young person incited or lured a person (the operator) to commit a crime they would not otherwise have committed.

(Councillors Downes and Dunn left the meeting at this point)

• Discussed whether a single sale or test purchase would provide sufficient evidence to warrant enforcement action
• Noted the comments that two sales would provide the Authority with a stronger enforcement case

(Councillor Khan withdrew from the meeting for a short time at this point)

• Noted the suggestion that operators could be offered a formal simple caution as an alternative, an operator could avoid court action if they accepted this. If the caution was not accepted, the Authority could then advise that formal court action would follow. Members supported this course of action being included in the response to the consultation

RESOLVED – To note the contents of the report and to endorse the submission of the proposed consultation responses (as attached as Appendix B and D of the report) subject to the inclusion of comments made by the Committee