Issue - meetings

Minute 341 refers

RESOLVED – that (A) the report be received; and

(B)      the revised statement of Licensing Policy, as now submitted, be approved.

(see also Minute 435)

The Director of Neighbourhood Services submitted a report that summarised the consultation responses in respect of the Statement of Licensing Policy.

Members were advised that Section 5 of the Licensing Act 2003 required the Licensing Authority to determine and publish its Licensing Policy at least every 3 years (extended to 5 years for future reviews). 

The Senior Specialist Licensing Officer advised that, as the current policy had been determined in February 2011 for a period of 3 years, the policy needed to be re-determined by Council by 31 January 2014.  The Statement of Licensing Policy set out the principles that the Authority would apply when exercising its functions under the Licensing Act 2003.  The Act also required that the Statement of Licensing Policy be kept under review and revisions made as appropriate.

Members were advised that, during the 3 month public consultation, one response had been received from Hertfordshire Constabulary.  This was detailed at paragraphs 2.3 – 2.7 of the report now submitted, along with Officers’ observations on the validity of the response.

The Senior Specialist Licensing Officer advised that Officers agreed with Hertfordshire Constabulary’s clarification that premises users should be made aware that they can agree to appropriate conditions being attached to a Temporary Event Notice (TEN).

Members were advised that, under the Licensing Act 2003, conditions could only be attached to a TEN after the Licensing Authority had decided not to issue a counter notice.  This was a decision for a Licensing Sub–Committee so in all cases the attaching of conditions would require a hearing.

The Senior Specialist Licensing Officer suggested that the wording of paragraph 17.7 of the policy should be amended to say: ‘Such conditions must be appropriate to the licensable activity requested and can be agreed by the premises user but can only be attached by a Licensing Sub-Committee’.

Members expressed their gratitude to Hertfordshire Constabulary for their suggestions and clarification.  The Committee recommended the revised Statement of Licensing Policy, as now detailed.

RECOMMENDED – that (A) the report be received; and

(B)   the revised statement of Licensing Policy, as now submitted, be approved.