Agenda item

Officers from Single Front Line, Enforcement Response and Licensing presented the report on integrating council enforcement functions and responded to questions from the panel.  A summary of the main points of this discussion is given below.

          It was noted that in total (including both new and variations) approximately 90 licensing applications are received each year.  Licensing and Planning services adhere to two different regulatory codes which may appear to give rise to ‘contradictory’ conditions.  For example, where an application is received to extend the licensing hours of a license that go beyond those agreed under planning conditions.  It was noted that in 2012, there were 7 occasions when the premises did not have the appropriate planning permission.

The panel heard that all licensing applications are routinely sent to Responsible Authorities to comment on the proposed application.  The panel noted that there are a number of Responsible Authorities that are consulted within the licensing process and these include:

The panel noted that in order for evidence to be considered from a Responsible Authority (or any other interested party, including members of the public) this must be relevant to the application being considered and relate to the four licensing objectives, which are:

§  the prevention of crime and disorder;

§  public safety;

§  the prevention of public nuisance;

§  and the protection of children from harm.

The panel heard that Responsible Authorities will respond to applications where appropriate.  The panel indicated that it would like to receive a summary of licensing application responses received from Responsible Authorities, especially any other departments of the council and the metropolitan Police.

Agreed:   That a short briefing is provided to the panel on local Responsible Authorities detailing:

§  the responses received from Responsible Authorities to licensing applications from Jan 2010-Jan2013.

§  contact details for Responsible Authorities.

The panel noted that although there was not a central register where all Responsible Authorities could enter enforcement data for local premises, a Council wide database (M3) was used.  Here data could be recorded on a wide range of enforcement issues (including data used for regulatory and enforcement purposes as well as ‘softer data’ (e.g. waste). Services which used this include Health & Safety, Licensing, Trading Standards, Food Safety and Neighbourhood Enforcement Teams).

The panel noted that to ensure that there is no conflict of interest the Licensing Officer must remain neutral in the licensing application process. This places some restrictions on the nature and level of information that can be exchanged.  However, the Licensing Officer does maintain an overview of information submitted and if a trend appears (e.g. in respect of particular premises) it may have a ‘generalised discussion’ with another enforcement body (e.g. police) or another council department who are not obliged to be neutral.

In terms of advice available to residents within the licensing process, the panel noted that although there was no formal advice service applicant’s advice notes are published and available through the Council website. A booklet ‘The Licensing Law and You’ is also available on the website.  The panel also noted that where appropriate, mediation meetings were encouraged with residents (other interested parties).

The panel noted that the broader public perception may not recognise the legal duties of enforcement officers across the council which may inhibit their ability to share information and limit or constrain the degree to which they may work together.  The panel were of the view that more should be done to inform and educate local residents about the roles of local enforcement teams and how their help can be solicited.

Agreed:      That all Responsible Authorities and other Council departments with enforceable functions are consulted as part of the scope for the Environment and Housing Scrutiny Panel scope of strategic enforcement (Feb 2013).