Issue - meetings

The Chief Executive submitted a report presenting Members with details of the Home Office guidance on licensing late night refreshment.  The report invited Members to consider the new powers to exempt premises from the requirement to be licensed.

The Senior Specialist Licensing Officer explained that the Authority would have the power to make late night refreshment an exemption under certain circumstances.  He emphasised that this would not include premises that operated as takeaways.

Members were advised that a consultation on the licensing policy would commence soon and Officers could include an exemption or Members could decide that there would be no exemptions in East Herts.  The Senior Specialist Licensing Officer detailed the types of premises that could be exempt under the licensing policy.

In response to a number of queries from Members, the Officer advised that there was no real harm or benefit to an exemption when considering the impact on the four licensing objectives.  He advised that the change in legislation appeared to be attempting to solve a problem that did not exist.

Councillor T Page was given clarification regarding planning and licensing legislation where a planning application and an application under the licensing act covered the opening hours of licensed premises in East Herts.  The Senior Special Licensing Officer explained that neither set of legislation took precedence.  He advised that it would be for planning enforcement to enforce an earlier hour of closure than that permitted under the Licensing Act.

Members received the report and resolved that there would be no exemption to the requirement for premises to be licensed for the supply of late night refreshment.

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

(B)   there would be no exemption to the requirement for premises to be licensed for the supply of late night refreshment.