To update the Committee on the response to the consultation and seek approval of the draft policy for recommendation to Full Council in November 2015 for adoption.
Minutes:
The Committee considered a report updating on responses received to the consultation on the revised Statement of Licensing Policy (SoLP) as part of the statutory five year review required under the Licensing Act 2003. The draft policy would progress to Full Council in November seeking approval for adoption. Regulatory Committee had considered the draft policy prior to its release for consultation at the last meeting on 21 September.
The Licensing Officer outlined the responses received during the 6 week consultation period. Confirmation was provided that all responsible authorities had made representations. The two representations received from the public were set out within the report including the proposed Council response. The first submission proposed that real ales and beers above 6.5% ABV (alcohol by volume) that appeal to the higher end market be exempt from licence conditions restricting high ABV products. Officers proposed to change the wording within the Policy to reflect this to emphasise the primary focus on cheap high strength products. The Committee expressed some concern that this distinction could be counterproductive and emphasised that clear definitions of the terms ‘cheap’ and ‘premium’ in this respect would need to be set out as well as clearly couching this consideration in terms of preventing binge drinking. The consultee also proposed that the policy covered all premises types in relation to framework hours and which officers confirmed was the case and therefore no Policy amendment was required. The second representation proposed that the policy set out an expectation that premises should have the correct planning use in place prior to making a licence application. Officers proposed that this be added to the Policy although this could only constitute guidance as it was not a legislative requirement.
The Committee raised concern over the low number of representations received during the consultation period, including limited input from Councillors. Officers outlined the methodology used including notifications sent out, meetings held with licencees etc and confirmed that a link to the consultation had been circulated to all Councillors. Members proposed as a learning point for future consultations that a concise summary of proposed policy revisions be circulated to Councillors to encourage a greater level of response. In light of identified issues with street drinking in parts of the borough, it was also suggested that future consultation be expanded to cover groups such as HAGA (Haringey Advisory Group on Alcohol) involved in providing alcohol support services in the borough.
Clarification was sought on whether reference was made within the Policy to promoting the Pubwatch initiative. It was advised that Pubwatch was active in the borough but was an initiative led and run by licence holders and as such could not be imposed under the Policy. It was however recognised that engaging with smaller licence holders such as those running off licences remained an ongoing issue and improving this was a key priority within the SoLP.
The Council’s position regarding the potential imposition of a late night levy within the borough was questioned. The Licensing Officer advised that consideration had been given to imposition of a levy in 2013 but that the management team had decided not to proceed at that time. As the government were currently reviewing the levy initiative due to concerns over its efficacy, Cllr McNamara as Cabinet Member for Environment advised that consideration of imposing a levy was currently on hold but could be revisited in the future accompanied by a detailed piece of work.
Plans to implement a Cumulative Impact Policy in the borough was questioned. Officers advised that currently there was not sufficient evidence to support imposing such a policy but that this position would be kept under review, including keeping a watching brief on LB Hackney in their efforts to impose such a policy in Shoreditch and which was proving controversial.
Clarification was sought on whether the SoLP would take into account any variation in approach across the borough to licensed premises to reflect differing characteristics of the town centres. The Licensing Officer advised that responsible authorities had a duty to consider licence applications on a case by case basis.
Cllr Carter sought assurances on any plans for the future licensing of casinos within the borough. The Licensing Officer outlined that this issue fell within the Council’s Statement of Gambling Policy and not Licensing Policy. Confirmation was however provided that presently no Full Council resolution had been passed to prohibit any future casino within the borough and that no discussions were currently underway with any parties regarding the issuing of a future casino licence in the borough.
RESOLVED
· To note the outcome of the consultation, there were two responses to the consultation. A summary of the responses and effect if any on the policy are shown in paragraph 6.12 and also in Appendix 2 of the report.
· To approve the draft Statement of Licensing Policy at Appendix 1 for recommendation to Full Council for adoption in November 2015.
· In coming to their decision in 3.3 above to note and take account of the EQiA set out at Appendix 3 of the report.
Supporting documents: