Agenda item

Report to follow.

RESOLVED:

(i)  To approve the Draft Statement of Licensing Policy being published for consultation.

(ii)  To authorise the Group Director of Climate Homes and Economy to make any non-substantive changes to the Draft Policy as appropriate.

5.1  David Tuitt, Business Regulation Team Leader introduced the report (contained within the supplementary agenda). which provided an update on the review of the Statement of Licensing Policy, ahead of public consultation. There was a requirement to review the policy at least once every five years.

5.2  Those required to be consulted in the preparation of the new policy included: responsible authorities, holders of premises licences, personal licences and club premises certificates. Revisions had been made to the preamble of the policy which included updated census data, reference to Hackney Nights and the Climate Action Plan. The most significant change related to the Special Policy Areas (SPAs) (Shoreditch and Dalston in current policy). This would now be generic- resulting in the general presumption to refuse applications for new and variation licences unless the applicant demonstrated they would not add to the cumulative impact. A  proposed lower tier special policy would be known as Special Consideration Areas (SCAs). Where evidence identified specific issues in these areas, the expectation would be for applicants to address these in their operating schedule.

5.3  A Cumulative Impact Assessment (CIA) was required to be reviewed every three years and was also being undertaken. The document would be evidence based and determine any areas that should be considered Special Policy or Special Consideration Areas.

5.4  Members asked question which were responded to as follows:

·  A traffic light system for venues based on incidents and breaches used by some other local authorities was primarily for enforcement purposes.

·  Home Office Guidance set out the criteria and steps for which to carry out a Cumulative Impact Assessment. It was the responsibility of the Authority to assess evidence and categorise areas accordingly.

·  Members were able to participate in the consultation process at committee stage or by contacting officers outside of the meeting.

·  In reference to the protection of children from harm Licensing Objective, the Licensing Team did not hold any data with regard to alcohol and children but this was likely to be available from other services (Public Health or Children’s Services)

·  Sexual Entertainment Venues (SEV) were determined by a separate policy, which was referenced and signposted in the Draft Licensing Policy. There were two SEV premises within the borough Licensed Under the Licensing Act 2003. There were no proposals to make any changes to the Sex Establishment Policy. It was quite common for a Sex Establishment Policy to set the number of premises as nil, making exceptions for experienced operators.

·  The issue of cumulative impact would remain a consideration in all areas including those that were not considered SPAs, or SCAs.

·  Following the close of the Draft Licensing Policy consultation at the end of May 2023, a report would be produced alongside any further required revisions to the policy which would be brought before a Special Licensing Committee in July (ACTION: Natalie Williams, Senior Governance Officer). Following consideration by the Licensing Committee, the draft policy would proceed to Full Council later in July for implementation on 31 July 2023.

·  Independent personnel would be involved in undertaking work on the CIA to alleviate any doubts of bias and partiality. The draft CIA would  be presented to the Licensing Committee in June and again early September following consultation. It would proceed to Full Council for ratification later in September.

·  Home Office Guidance suggested that other key integrated Council strategies be referenced in the Draft Licensing Policy.

·  It was acknowledged that inclusivity and disabilities (beyond physical disabilities) and sustainability issues would be further built upon in the Draft Licensing Policy in conjunction with the Council’s Policy and Strategy Team. An Equality Impact Assessment would also be undertaken as part of the policy review. 

RESOLVED:

(i)  To approve the Draft Statement of Licensing Policy being published for consultation.

(ii)  To authorise the Group Director of Climate Homes and Economy to make any non-substantive changes to the Draft Policy as appropriate.