Issue - meetings

Licensing Act 2003 Policy

Meeting: 06/03/2024 - Council (Item 83)

83 Statement of Licensing Policy - Delegated Decision pdf icon PDF 411 KB

Minutes:

Council considered a detailed report, presented by the Portfolio Holder for Environment, which provided information regarding a decision taken by the Chief Executive under delegated powers in relation to the Statement of Licensing Policy, and to explain the reasons for the decision taken.

 

The Council was a Licensing Authority for the purpose of the Licensing Act 2003 (‘the Act’).  Section 5 of the Act required all Licensing Authorities to prepare and publish a Statement of Licensing Policy that they proposed to apply in exercising their functions under the Act during the five-year period to which the policy applied.

 

The Policy established a set of controls which the Council considered appropriate for the effective management of licensable activities within the district.  The Policy acted as a guide for Members, applicants, responsible authorities, and members of the public and aimed to promote fair, consistent, and proportionate decision making.

 

Section 4 of the Act provided that, in carrying out its functions, a Licensing Authority must ‘have regard to’ Guidance issued by the Secretary of State under Section 182 as appropriate.  Modifications to Section 182 Guidance had been published during 2023 and early 2024.  These revisions needed to be considered and time given to review and prepare a revised Statement of Licensing Policy ready for statutory consultation and final publication.

 

As the Council’sLicensing Policy Statement was due to expire on 31st January 2024, a decision was taken under delegations torepublish the existing Statement of Licensing Policy to cover the interim period required to consider modifications to the guidance issued by the Secretary of State.

 

A draft, revisedLicensing Policy Statement was considered by the Climate Change and Communities Scrutiny Committee on 20th February 2024, and by the Licensing and Gambling Acts Committeeon 22nd February 2024.  The draft policy would be subject to a 6-week consultation period before being further considered by the Licensing and Gambling Acts Committee.

 

Final approval of a new policy would be considered by Council on the recommendations of the Licensing and Gambling Acts Committee.

 

Moved by Councillor Anne Clarke and seconded by Councillor Steve Fritchley

RESOLVED that the decision taken by the Chief Executive under delegations with regard to the Council’s Statement of Licensing Policy be noted.