Agenda item

To consider the report of the Head of Licensing and Registration seeking Members comments on Government proposals to reform activities currently classified as “regulated entertainment” as part of the consultation process on the proposals

(Report attached)

The Head of Licensing and Registration submitted a report on the Governments’ proposals to reform those activities currently classed as “regulated entertainment” in Schedule One of the Licensing Act 2003. A copy of the full consultation document issued by the Department for Culture, Media and Sport was attached to the report and Members views on the proposals were sought in order to inform the Council’s formal response to the consultation.

The Committee noted the officer comment that the de-regulation of both Live and Recorded Music was a cause for concern. It was felt that the Licensing Authority had provided a proactive service to the public and had been able to perceive and prevent problems arising from licensable activities. Furthermore, from 2012 the Licensing Authority would able to charge fees at levels to allow full cost recovery which include elements of enforcement. If the regulation and enforcement of noise generated by Live and/or Recorded Music was removed from the auspices of Premises Licences issued by the Licensing Authority, the enforcement would fall to LCC Environmental Protection Team – which is funded directly by Council Tax.

Members noted the volume of questions to consider in the document and considered discussions would be best progressed by considering and agreeing those proposals contained within the consultation which would not cause them concern relating to the following:

• Performance of plays
• Exhibition of Films
• Indoor sporting events
• Boxing and Wrestling
• Any performance of dance that may be classed as sexual entertainment

Members then dealt with the entertainment which they regarded as being the main sources of concern with regards to crime & disorder and public nuisance. The Committee noted the content of the schedule of complaints received since April 2011.

The Committee felt strongly that live and recorded music should not be de-regulated and noted one Members’ comment that performances of dance, when associated with large capacity nightclubs and provision of alcohol, were also a cause for concern.

Members were concerned that removal of regulation of live/recorded music would place additional stress on EPT and supported the current arrangements whereby the Licensing Authority could enforce preventative measures. The Committee noted the comment in the consultation that the licensing act 2003 had had a detrimental impact on the provision of music in licensed premises, but also acknowledged local anecdotal evidence from licensees that the costs associated with live music performance – fees for the band etc - discouraged licensees from providing live music.

Q11 - 13 - Should events for less than 5000 patrons are de-regulated? Members felt that a figure of 200 (current cut off point for “small premises”) or 500 (as advocated by the police) would be more appropriate, bearing in mind the capacity of a number of Leeds’ nightclubs

Q16 – 18 - events held after a certain time. Members required further information before being able to comment on this matter

Q19 Introduction of Code of Practice to mitigate potential risks from noise. Members were not supportive of this proposal

The Committee requested further information providing a view point on the proposals from officers of the relevant department’s to better inform future discussions and agreed that this information would be provided to them prior to the next Committee meeting

RESOLVED –

a)  That the contents of the report and the consultation document be noted

b)  That the comments made by Members so far regarding each of the areas of regulated entertainment be noted and be used to provide the basis for the Council’s formal response to the consultation

c)  To note that more detailed information containing proposed responses to the consultation  from relevant departments be despatched to Members before the end of October in order to better inform the discussions at the next Committee meeting. Members unable to attend the November Committee meeting were requested to respond to the Principal Project Officer so that their comments can be reported to the meeting

d)  To note that a further report setting out the Councils formal response will be presented to the November Committee meeting for approval by Members prior to its submission to the DCMS