Name

Subject

Reason

Interest

Councillor Mrs Beer

Minute  37 –

Three Year Review of Licensing Act 2003 Statement of Licensing Policy including Cumulative Impact Policy

Employed by Devon and Cornwall Police

Personal

Councillor Coker

Minute 37 –

Three Year Review of Licensing Act 2003 Statement of Licensing Policy including Cumulative Impact Policy

Personal Licence Holder

Personal/

Prejudicial

(a)

the local authority controls the operation of the premises and the individuals who wish to sell alcohol, or provide late night refreshments or provide certain entertainment;

(b)

the Licensing Act 2003 balanced these operations against protecting the local community by referring to the four licensing objectives, which were –

?

crime and disorder

?

public nuisance

?

public safety

?

protection of children from harm

(c)

businesses were required to operate in a way that minimised the affect on any of the licensing objectives;

(d)

the Licensing authority was required to operate a policy which guided applicants and established a framework for decision making; a review was required of the policy every three years;

(e)

a 12 week consultation period had been undertaken which had ended on 1 September 2010; approximately one thousand direct contacts had been made with only 11 responses received;

(f)

the main issues arising from the consultation period were –

?

the Cumulative Impact Policy

?

off licences

?

film classifications

(g)

responses to the issues raised were –

Cumulative Impact Policy –

?

the five existing areas of the city covered by the Cumulative Impact Policy had been agreed in June 2008, based on evidence relating to public nuisance and crime and disorder; evidence had also been submitted by the policy; the current situation was substantially similar to that of 2008;

statistical evidence relating to public nuisance was difficult to provide; although with the experience and evidence gained via the police and environmental health officers this indicated a  problem due to the later closing hour;

Off Licences -

?

the police had requested that off licenses were included as part of the Cumulative Impact Policy, although no evidence had been submitted;

national guidance indicated that off licences should not normally be included within the Cumulative Impact Policy (the existing policy did not include off licences);

Film Classification –

?

the Stop Smoking service had requested that the local authority considered adopting its own film classification and classify films with smoking scenes as 18 years;

currently the majority of films were classified by the British Board of Film Classification (only local films were classified by the local authority); the British Board of Film Classification had reviewed their current guidelines in 2009 which included smoking as a relevant issue;

there would be major risks should the local authority change a national rating.

(h)

the effect of licensed premises extending their opening hours had led to people going out later in the evening having consumed excessive levels of alcohol at home;

(i)

venues like North Hill attracted a different client base once the students had left the city in May; the transitional period when students returned to the city was more difficult to police;

(j)

the level of policing  ...  view the full minutes text for item 37.