5.

CONSULTATION ON DRAFT LICENSING POLICY MADE UNDER THE LICENSING ACT 2003

5.1.

Members are now very much aware a new mandatory licensing regime is being brought into effect by the Government.  Prior to the operational aspects coming into effect on 7 February 2005 (the ‘first appointed day’) the Licensing Authority must have an adopted statement of licensing policy in place by the government’s deadline on 7 January 2005.  In order for this to happen it is necessary for the policy to be approved by Council on 13 December 2004.  The Committee is therefore requested for any views it may have on the proposed changes to the draft policy prior to its submission to Council.

5.2.

This contributes to the Community Plan Aims in respect of Community Safety, Culture and Leisure, Environment and Economic Development.

5.3.

The new licensing function is mandatory under the provisions of the Licensing Act 2003 and will undoubtedly have financial implications for the Council.  The government has stated publicly that the new regime is intended to be self–financing through the receipt of licence application fees.  However, the subordinate legislation, which will set the fee levels, has not yet been approved by government and it is therefore not possible to be clear as to whether costs will be covered by income.  A figure of £73,000 has been allowed in the 2004/2005 revenue estimates to fund the set-up costs and initial operation costs this financial year.

5.4.

Section 5 of the Licensing Act requires local authorities to determine and publish a statement of licensing policy every three years, with the first one being published by 7 January 2005.  Before determining its policy, the local authority must consult statutory consultees and may consider carrying out a wider consultation exercise.  In determining its policy, the Council must have regard to the four licensing objectives, the statutory guidance issued under S188 of the Licensing Act 2003 and the representations made by consultees.

5.5.

Wycombe District Council is responsible for the licensing of activities defined under the Licensing Act 2003 known as ‘licensable activities’.  A draft statement of licensing policy was produced in September 2004 having been the subject of a Member/officer working group.  The draft document has also been examined by Environment Improvement and Scrutiny Committee, the minutes of which can be found at Appendix 5B.

5.6.

The statement sets out the policies that the Council will apply when making decisions upon applications for:

·

The sale by retail of alcohol;

·

The supply of alcohol by or on behalf of a club to, or to the order of, a member of the club;

·

The provision of regulated entertainment; and

·

The provision of late night refreshment.

5.7.

It is important to note that the whole ethos of the new licensing regime, and therefore the Council’s policy, is based upon the four licensing objectives.  The Council, as licensing authority, has a duty to promote the licensing objectives in determining applications and whenever there is a question about policy or operation it is necessary to go back to the basic principles of the objectives which are:

·

Prevention of Crime and Disorder;

·

Public Safety;

·

Prevention of Public Nuisance; and

·

Protection of children from harm.

5.8.

Consultation on the draft statement of licensing policy commenced in late September 2004 when letters were sent out to over 600 organisations and individuals.  These were divided into 4 classes of consultees:

·

The Licensed Trade

·

Mobile Food Traders

·

Partnership organisations

·

Parish and Town Councils

5.9.

All consultees received a letter pointing them to the WDC website which had a number of documents available for consultation including the draft policy, a questionnaire for guidance purposes and links to a number of documents for information purposes.  It was possible to respond to the consultation on-line although not many individuals availed themselves of this facility.  Close partner consultees and Parish Councils were also sent hard copy policies and questionnaires.

5.10.

Consultation closed on 1 November 2004 by which time 45 responses had been received.  The salient points from these have been tabulated in the matrix attached as Appendix 5A.  The layout is based on the questionnaire and has columns for consultee response, officer comment, and proposed action.

5.11.

Responses and proposed changes are tabulated in Appendix 5A, the minutes of Environment Improvement and Scrutiny Committee are attached as Appendix 5B and Thames Valley Police enforcement protocol is attached as Appendix 5C.  As section 2 of the policy has undergone major change this is displayed separately in Appendix 5D ((i) – new text; (ii) – original text). Likewise, section 9 of the policy has undergone significant change and is shown separately in Appendix 5E ((i) – new text; (ii) – original text).

5.12.

Spare copies of the draft statement will be available for Members at the committee meeting.

5.13.

The Committee is requested for any comments it wishes to make on the policy, as amended, prior to it’s submission to Council for adoption in December.