Agenda and minutes

Committee of the Licensing Authority
Tuesday, 18th October, 2016 6.35 pm

Venue: Meeting Room 1, Council Offices, Priory Road, Spalding

Contact: Shelley French  01775 764451

Items
No. Item

8.

Cumulative Impact Review work pdf icon PDF 81 KB

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).

Additional documents:

Minutes:

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.

9.

Declaration of interests

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.

Minutes:

There were no declarations of interests.

10.

Minutes pdf icon PDF 87 KB

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

Minutes:

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

11.

Quarterly Report for the Licensing Authority pdf icon PDF 63 KB

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).

 

Minutes:

 

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:

 

 

Licence Type

Activity

Number

in Q2

Licensing Act 2003

Premises Licence

Annual Fee Applications

New Applications

Cancel/Surrender

Minor Variations

Vary DPS

Transfer/Vary DPS

Disapply DPS

Transfer Applications

Update conditions

Suspension Applications

Suspension lifted

Review application

30

3

1

2

9

3

1

3

8

16

11

1

Club Premises Certificate

Annual Fee Applications

1

Personal Alcohol Licence

New Applications                   

Change name/address

Lost/Stolen

17

6

1

TEN – With Alcohol

TEN Applications

34

Late TEN – With Alcohol

TEN Applications

6

Response time for Temporary Event Notices

Processed within 24 hours

100%

Gambling Act 2005

Adult Gaming Centre

Premises Licence Applications

1

Betting Premises Licence

Annual Fee Applications

6

Bingo Premises Licence

Annual Fee Application

1

Licensed Premises Gaming Machine Permit

Annual Fee Application

2

Club Machine Permit

Annual Fee Application

1

Club Gaming Permit

Annual Fee Application

1

Notification of Gaming Machines

Cancel/Surrender

1

Small Society Lotteries

Annual Fee Applications

Change of Promoter      

New Applications

Returns Received

13

2

1

9

 

 

 

 

 

 

SHDC Statistics

 

Number of licensed premises under Licensing Act 2003

332

 

Inspection or Intervention

Number in Q2

Licensing Act 2003 premises

7 high risk

2 medium risk

4 low risk

Outcomes

All without prior notice. Minor non-compliances only found

Panel Hearings

Outcome

28 Sept 2016 Review of Premises Licence Super Sam, 24 Commercial Road, Spalding

Adjourned

Appeals Ongoing

Scheduled Appeal Date

None

n/a

Appeals Withdrawn

Outcome

Baltic, 14 – 16 Winsover Road (following revocation of premises licence in Feb 2016)

 

Appeal withdrawn with effect from 4 August 2016 and agreement to pay costs.

Winsover Off Licence, 43 Winsover Rd, Spalding

(following revocation of premises licence in Feb 2016)

Appeal withdrawn with effect from 17 August 2016 and agreement to pay costs.

Other Work

Freedom of Information Act Requests

1 in relation to Licensing Act 2003

Preparation for Appeals hearings including writing statement, transcribing hearings and liaising with other parties

Safety Advisory Group and events advice

House of Lords Select Committee response on review of Licensing Act 2003

Training Food Officer on Licensing inspections

Liaison and sharing intelligence  with Lincs Police and Trading Standards

Investigation in relation to sale of alcohol without duty stamp

Publication and distribution of updated posters on duty stamp campaign

Assistance with report for Public Space Protection Order

Cumulative Impact Policy information gathering and meeting with police

Investigation of complaints in conjunction with Environmental protection team in relation to noise nuisance at licensed premises           

High turnover of Temporary  ...  view the full minutes text for item 11.

12.

Panel hearings - feedback and discussion of dates and organisation of hearings

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

Minutes:

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. 

13.

Any other items which the Chairman decides are urgent.

 

 

NOTE:            No other business is permitted unless by reason of special circumstances, which shall be specified in the minutes, the Chairman is of the opinion that the item(s) should be considered as a matter of urgency. 

Minutes:

There were none.