Issue - meetings

The Licensing and Enforcement Officer explained that under the Licencing Act 2003, the Council was responsible for the administration and regulation of licences and certificates which authorised the following activities:

·       The sale and supply of alcohol;

·       The provision of regulated entertainment; and,

·       The provision of late-night refreshment.

The Licensing and Enforcement Officer referred to section 1.2 of the document which outlined the four licensing objectives central to the regulatory regime created by the Act.  These were:

·       The Prevention of Crime and Disorder;

·       The Prevention of Public Nuisance;

·       The Protection of Children from Harm;

·       Public Safety.

When discharging its functions, the Council, as a statutory Licensing Authority, would have to make decisions with a view to promoting the objectives listed above.

The Licensing Act 2003 imposed a statutory requirement upon the Council, to prepare and publish a Statement of Principles, alternatively referred to as a ‘Policy’, every five years; this was due for renewal.

The proposed amendments to the Policy aimed to achieve the following:

·       Ensure the Policy is consistent with legislation and statutory guidance;

·       Increase the clarity of the Policy;

·       Improve the standards of premises in the district through the recommendation of more robust management practices;

·       Provide clarity on delegations; and,

·       Update local demographics.

A six-week public consultation had been published via Ask Derbyshire and publicised through the Council’s website and social media platforms; a full list of stakeholders consulted could be found at Appendix 1 of the document.

Following the consultation, minor amendments had been made to insert the dates the Policy would remain in force and a list of persons consulted in the preparation of the Policy; a copy of the updated draft Policy could be found at Appendix 2 of the document.

A Member queried the use of only Metric measurements, which for those educated on Imperial would be difficult to follow.  The  Licensing and Enforcement Officer stated they would investigate providing Imperial measurements, alongside Metric, in the future.

The Chair asked if the Action Counters Terrorism (ACT) e-learning training available at https://www.protectuk.police.uk/ was the same training as Prevent.  It was confirmed as the same training.  A Member asked if this training could be enforced.  The Licensing and Enforcement Officer stated it would be the responsibility of premises owners to consider the possible risks on their sites, though an information pack was being created with links like the one above to encourage how important such training was.

The Council’s Solicitor noted that Martyn’s Law was soon to be brought into legislation by the UK National Government, which would provide specific applications on premises.  The Chair asked where the responsibility of monitoring would lie and why Martyn’s Law had not been mentioned in the document.  The Licensing and Enforcement Officer explained it was too early to mention it as the legislation was not yet complete, and that the Police or the Health and Safety Team would likely handle compliance – not the Council.  Minor changes could also be made to the Policy, which would include the insertion of  ...  view the full minutes text for item 10

The Licensing and Enforcement Officer briefly explained that under the Licencing Act 2003, Bolsover District Council was responsible for the administration and regulation of licences and certificates which authorised the following activities:

·       The sale and supply of alcohol;

·       The provision of regulated entertainment; and

·       The provision of late-night refreshment.

The Licensing and Enforcement outlined the four licensing objectives which were central to the regulatory regime created by the Act. These were:

·       The Prevention of Crime and Disorder;

·       The Prevention of Public Nuisance;

·       The Protection of Children from Harm;

·       Public Safety.

When discharging its functions, the Council, as a statutory Licensing Authority, would have to make decisions with a view to promoting the objectives listed above.

The Licensing Act 2003 imposed a statutory requirement upon the Council, to prepare and publish a Statement of Principles, alternatively referred to as a ‘Policy’, every five years.

The Licensing and Enforcement Officer explained that the Licencing Act 2003 required the Council to republish its Policy every five years. The current Policy had been published in 2019 and was due for renewal.

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

The Licensing and Enforcement Officer referred to the Draft Policy, which was attached to the report at Appendix 1, and the proposed amendments to the Statement of Principles of the Licensing Act 2003, which was attached to the report at Appendix 2. This had been included to increase clarity between the previous 2019 Policy and the current draft 2024 Policy.

The Licensing and Enforcement Officer highlighted that there had been little change on the number of licensed premises, with 255 licensed premises in 2024 and 254 in 2019. The number of complaints against licensed premises had also been consistent, with a drop in complaints registered during the COVID-19 Pandemic, and an increase following Pandemic lockdowns.

The Licensing and Enforcement Officer stated that research had shown that alcohol related health issues, alcohol related crime, and violence against women were all issues which were prevalent in the District. Whilst research had not highlighted licensed premises as a direct causation of these issues, modifications had been made to the Policy with the aim of making a positive contribution to the reduction of these issues.

The Licensing and Enforcement Officer also referred to the information regarding alcohol related crime. For 2023, there had been an overall increase across the District, but some areas had decreased. These figures had been produced by Derbyshire Constabulary in September 2023.  This increase could be seen across Derbyshire, with most local authorities having seen an increase in alcohol related crime during and/or after the COVID-19 Pandemic. The Licensing and Enforcement Officer noted this showed no correlation between alcohol related crime and the Policy, as more people were drinking alcohol at  ...  view the full minutes text for item 5

The Environmental Health Team Manager – Licensing, reported that the Council had a legal duty to publish a policy which needed to be renewed every five years.  The next review would need to commence during the coming year in order to ensure that it could be implemented at the beginning of 2024.  It was not envisaged that there would be many changes to the existing policy.

It was noted that the draft policy would be submitted to the Licensing & Gambling Acts Committee for consideration prior to going out for public consultation.  The final policy would be submitted to Committee prior to being placed before Council for adoption.

Moved by Councillor Ray Heffer and seconded by Councillor Mary Dooley

RESOLVED that the verbal update be noted.