Agenda item

Review of the Council's Policy under the Licensing Act 2003

Minutes:

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 home.

 

Alcohol related mortality was higher across the District than the county and country at large, but this was a complex issue and the Licensing and Enforcement Officer again reiterated this was not necessarily a result of the current Policy. However, it would still be important for the Council to attempt to control the issue.

 

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 look into providing these measurements also in Imperial in the future.

 

A Member sought more clarity on which changes had been made to the Policy, and the Chair reminded the Committee the changes were listed at Appendix 2 to the report.

 

Moved by Councillor Emma Stevenson and seconded by Councillor Mary Dooley

RESOLVED that (1) the revised draft Statement of Principles under the Licensing Act 2003 be approved for public consultation; and

 

(2) the Joint Assistant Director of Environmental Health conduct a six-week public consultation in line with statutory requirements and report the findings back to the Committee for final consideration.

 

Supporting documents: