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To approve as a correct record the minutes of the meeting held on 31 March 2011and authorise the Chairman to sign them.
The minutes of the meeting held on 31 March 2011 were agreed as a correct record and signed by the Chairman
STREET TRADING LICENSING
Proposals for new Regulations and the control of pavement cafes and advertising ‘A’ boards.
He following report was not available for the consideration of the Committee.
Proposal to remove writing to residents within 50 m of a premises following a premises licence application or variation.
The Committee considered a report that detailed an amendment to the Licensing Act 2003 that was implemented on 25 April 2012 by the provisions of the Police and Social Responsibility Act 2011.
The report outlined one of the changes that related to the removal of section 13 (3) which defined who could be an “interested person” in relation to a licensing application. The effect of this is that any person may now object to a license and s/he does not need to live within the vicinity of the premises.
The report informed the Committee that on the introduction of the LicensingAct 2003, the council had a policy that the licensing officer would notify residents within 50 metres of a premises to let them know that an application had been made for every premises licence application or variation application received. This was over and above the legal requirement for the premises to display a blue notice and advertise in the paper.
The Police and Social Responsibility Act 2011 made several changes to the Licensing Act 2003 which included changes that related to the removal of section 13 (3) which defined who could be an “interested person” in relation to a licensing application. The effect of this is that any person may now object to a license and s/he does not need to live within the vicinity of the premises.
The report also stated that since 25 April 2012 all current applications are available for viewing on the council’s website under the licensing pages. This included details of the application, how to make an objection and the closing date for the consultation were also provided on the website.
At the same time, the applicant was still required to advertise the application by placing a blue notice at the premises and advertising the application in the local paper so that people who live near the premises have the opportunity to be alerted that an application has been made.
The report recommends that the Committee consider the proposal that the licensing team no longer write to residents within 50 metres of a premise when an application for a new premises licence or variation of an existing premises licence is made.
The Committee was of the view that the notification letter provided local resident an opportunity to be aware of an application in progress and provide more people with the right to object to applications. The Committee felt that ceasing to write to residents in the vicinity of the premises would lead to less public awareness of those applications and this may result in a reduction in public engagement in the licensing application process.
The Committee decided to retain the policy requirement to write to residents within 50 metres of a premises following a premises licence or variation application.
UPDATE ON CHANGES TO THE LICENSING ACT 2003
The following Licensing changes were implemented on the 25 April
were outlined to the Committee:
The Police and Environmental Health Officers are now able to object to TENS where they consider that the proposed activities are likely to undermine a licensing objective.
The fine for persistent underage sales had doubled
from £10,000 to £20,000, and the new legislation makes
it easier to shut down businesses found to be persistently selling
alcohol to those under 18.
Premises licences and club premises certificates will be suspended on failure to pay the annual licence fee.
Other changes planned for October 2012
• Early Morning Restriction Order
An Early Morning Alcohol Restriction Order (EMRO) currently uncommenced power in the Licensing Act 2003 that would enable Licensing Authorities to restrict sales of alcohol in the whole or a part of their areas for any specified period between 12 midnight and 6 am, if they consider this appropriate for the promotion of the licensing objectives.
• Late Night Levy
The late night levy (‘the levy’) would enable Licensing Authorities to raise a contribution from late-opening alcohol suppliers towards policing the night-time economy. It would be a local power that Licensing Authorities could choose whether or not to exercise. It must cover the whole of the licensing authority’s area.
Changes planned for April 2013
• Local authority will be able to set fees on a cost recovery basis.
Subject to ministerial approval, the Licensing
Authority would have the power to set fees on a cost-recovery
basis. The costs may also include the costs of acting as other
responsible authorities under the Act, e.g. planning authority. A
consultation on this matter would be undertaken. The new fee
structure is unlikely to fully take effect until 2013.
Changes to the live music Act 2011
would remove the licensing requirements for:
• amplified live music between 8am and 11pm before audiences of no more than 200 people on premises authorised to sell alcohol for consumption on the premises;
• amplified live music between 8am and 11pm before audiences of no more than 200 people in workplaces not otherwise licensed under the 2003 Act (or licensed only for the provision of late night refreshment); and
• unamplified live music between 8am and 11pm in all venues.
This was planned for commencement on 1 October 2012
To consider any other item in respect of which the Chairman is of the opinion, by reason of special circumstances which shall be specific in the minutes that the item should be considered at the meeting as a matter of urgency.