Agenda item

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 Martyn’s Law.  A Member requested the Committee learn of these changes beforehand.

Moved by Councillor Emma Stevenson and Seconded by Councillor Mary Dooley

RESOLVED that: (1) the Licensing and Gambling Acts Committee notes the outcome        of the consultation and approves the revised draft Statement of Principles     under the  Licensing Act 2003; and,

            (2) the Licensing and Gambling Acts Committee refer the Policy to full Council         together with a recommendation that the draft Statement of Principles under      the Licensing Act 2003 be adopted.