Agenda and minutes

To provide an update on the review of Licensed Premises in South Holland and the need for a Cumulative Impact Policy (Report of the Executive Manager People and Public Protection is enclosed).

The Chairman agreed to consider the item 5 of the agenda, regarding Cumulative Impact Review Work, immediately after apologies for absence.  This was due to the attendance of Daven Naghen (Maples Solicitors, Spalding) who was present at the meeting to provide any legal advice of matters being considered in relation to Cumulative Impact. 

The Licensing and Business Support Manager, Donna presented to the Committee the report of the Executive Manager People and Public Protection, relating to Cumulative Impact Review Work.  In addition to the report Donna provided the Committee with maps of the Spalding Town Centre, which indicated Licensing Premises and their locations. 

Cumulative impact is relevant where there is a potential impact on the promotion of the licensing objectives of a significant number of licensed premises that are concentrated in one area.  The four licensing objectives were:

:

·                The prevention of crime and disorder;

·                Public safety;

·                The prevention of public nuisance; and

·                The protection of children from harm.

After consultation, a licensing authority could include a cumulative impact policy (CIP) within the statement of licensing policy. The effect of this was to create a rebuttable presumption that applications for premises licences which were likely to add to the existing cumulative impact would normally be refused or subject to certain limitations unless the applicant could demonstrate that there would be no negative impact on the licensing objectives.

Each application was still to be considered properly and on its own merit, and applications that were unlikely to add to the cumulative impact on the licensing objectives should be granted. If no relevant representations were received then the licensing authority must grant the licence regardless of whether a CIP was in place.

Home Office guidance summarised the following steps that should be followed in considering whether to adopt a CIP:

·                Identify concern and consider whether there is good evidence that crime and disorder or nuisance are occurring, or whether there are activities which pose a threat to public safety or the protection of children from harm. If these problems are occurring, identify whether they are being caused by the customers of licensed premises;

·                Identify the boundaries of the area where problems are occurring ;

·                Consult specified persons as identified in the 2003 Act;

·                Subject to the outcome of the consultation include details of the CIP in the licensing policy statement.

A review was undertaken in 2013 to decide whether a cumulative impact policy was needed to tackle perceived problems with the off licence trade in Spalding.  Evidence was analysed by the police relating to the number of off licences in the area and alcohol related antisocial behaviour incidents from 2008 to 2012.  An independent analysis of the evidence was also undertaken by a national licensing law firm.  At that time it was concluded that there was insufficient evidence to show a clear link between alcohol related antisocial behaviour and the number of off-licensed premises. 

Following on from that a number of other initiatives were introduced with partners to tackle  ...  view the full minutes text for item 8.

Where a Councillor has a Disclosable Pecuniary Interest the Councillor must declare the interest to the meeting and leave the room without participating in any discussion or making a statement on the item, except where a Councillor is permitted to remain ad a result of a grant of dispensation.

There were no declarations of interests.

To agree the minutes of the meeting held on 14 July 2016 (copy enclosed).

That the minutes of the meeting held on 14 July 2016, be agreed as a correct record, subject to several minor typographical errors. 

To provide an update on activities relating to the work of the Licensing

Authority (Report of the Executive Manager People and Public Protection is enclosed).

The Licensing Team were responsible for administering the statutory licensing framework, which governed businesses and regulated activities in South Holland. 

The Team carried out a wide range of interventions in order to ensure that licences and registrations were issued correctly and in accordance with legal provisions.  Officers were also involved in monitoring activity, which included; carrying out inspections, providing advice and carrying out investigations. 

Quarter 2: 1 July 2016 – 30 September 2016

The below table provided members with an update on the work undertaken by the Licensing Team in relation to the Committee of the Licensing Authority:

The Chairman of the Committee (Councillor A Harrison) to lead a discussion and on the dates and organisation of Panels Hearings.

The Chairman invited the Committee to consider the current arrangement for determining dates and composition of Panel of the Committee of the Licensing Authority and Licensing Panels. 

Currently dates were scheduled into members calendar every 21 days, for them to keep free should a Panel be called.  In the Protocol on Good Practice in Licensing for Members and Officers Dealing with Licensing, Panels were to comprise of either the Chairman or Vice Chairman of the Committee and two ordinary members, these Panel members were to be selected by Democratic Services, delegated by the Executive Manager Governance.

The Chairman advised that there had been a few occasions since May 2016, where Panels had to be held outside the pre-scheduled dates, due to the legal timescales involved. 

Members had a brief discussion and concluded that in order to establish if the pre-scheduled dates were effective, it was needed to be trialled for longer, until the end of the 2016/17 municipal year. 

AGREED:

That the pre-scheduled dates remain in place until the end of the 2016/17 municipal year, after which their effectiveness be reviewed. 

There were none.