Agenda item

To review responses to public consultation – (Report of the Assistant Director – Regulatory enclosed)

The Chairman introduced the Senior Licensing Officer to present the Licensing Act 2003 Draft Statement of Licensing Policy following public consultation.

The Senior Licensing Officer presented the report outlining the responses to public consultation on the proposed Licensing Act 2003 Draft Statement of Licensing Policy. The proposed amendments included updates to safeguarding, counterterrorism, visibility into licensed premises, and the inclusion of guidance on the Immigration Act 2016. Members were reminded that the Licensing Authority had a statutory duty to review and publish its Statement of Licensing Policy every five years, with the current review due by January 2026.

The Senior Licensing Officer confirmed that the Committee of the Licensing Authority had previously approved a draft policy at its meeting on 22 May 2025, which included proposed amendments and additional guidance.

• One such amendment was the inclusion of visibility requirements for retail premises under paragraph 4.2, aimed at supporting responsible authorities in monitoring compliance with licensing objectives.

Following an eight-week consultation period which commenced on the 2 June 2025, responses were received from Lincolnshire Police and the Policy Development Panel (PDP).

• The PDP had debated the proposed 50% window visibility guidance and recommended that no more than 30% of window space be obscured. As a result, revised wording was drafted to require at least 70% of windows facing into retail areas to remain clear of signage, decoration, or obstruction, thereby allowing a clear view inside the premises.

Lincolnshire Police submitted further comments, requesting:

• Inclusion of wording relating to the Immigration Act 2016, reflecting legal requirements around the right to work and the prevention of illegal working in licensed premises.
• Development of a pool of model conditions to assist applicants in promoting licensing objectives.
  • The Licensing Officer advised that this pool of model conditions would be published as a stand-alone document to allow for updates without requiring a full policy review.
• An increase in the window visibility requirement to 75% unobscured, which would also be reflected in the Public Space Protection Order (PSPO) section of the policy.
• A recommendation that premises within the PSPO area selling alcohol for consumption off the premises consider affixing waterproof labels to cans and bottles, detailing the name and address of the premises.

Members discussed the practicality and enforceability of these proposals.

• It was noted that while the visibility guidance could not be retrospectively applied, it could be conditioned on new applications or licence reviews.
• Members acknowledged that the revised visibility requirement would support enforcement and promote public safety, particularly in areas of concern.

Concerns were raised regarding the burden on smaller businesses, particularly in relation to waterproof labelling. Members debated whether such measures should apply universally, including to supermarkets, and considered the balance between promoting licensing objectives and placing undue pressure on retailers.

The Committee also considered the Police’s request to strengthen the policy’s stance on criminal activity.

• It was agreed that the policy should include a statement under section 9.3 confirming that the Licensing Authority would take a serious view of criminal activity and consider revocation of licencesin the first instance where offences such as the sale of illicit goods, immigration breaches, or sale of alcohol to minors were evidenced.

Following detailed discussion, the Committee of the Licensing Authority were unanimous.

 Decision:

• Include reference to the Immigration Act 2016.
• Publish a standalone pool model of conditions document.
• Amend the visibility guidance to require at least 75% of windows to remain unobstructed.
• Decline the inclusion of waterproof labelling as a policy requirement.
• Strengthen the policy wording around criminal activity and licence reviews.

The amended Licensing Act 2003 Draft Statement of Licensing Policy would be approved for referral to Council for adoption and publication.

The Chairman thanked the Senior Licensing Officer for presenting the Licensing Act 2003 Draft Statement of Licensing Policy.