Issue - items at meetings - The Council's public consultation regarding its 3 licensing proposals

Issue - meetings

The Council's public consultation regarding its 3 licensing proposals

Meeting: 23/01/2012 - Licensing Committee (Item 603)

603 Licensing Consultation 2011 pdf icon PDF 28 KB

To receive a report from the Director of Environment which, following on from the Licensing Committee held on 7 November 2011, considers any responses received to the Licensing Consultation 2011.         (Report No.187)

TO FOLLOW

Minutes:

RECEIVED a report from the Director of Environment (No.187) outlining the response to the borough wide public consultation that had been undertaken on proposals within the Licensing Policy Statement.  The process followed on from the update provided for the Licensing Committee on 7 November 2011.

 

NOTED

1.      The consultation period had run from 14 October 2011 to 13 January 2012 and had involved 995 consultation letters and emails being sent out to Licensed Premises, Residents Associations, Responsible Authorities and Members.

2.      The consultation had been focussed on the following licensing policy proposals:

a.      Introduction of a Cumulative Impact Policy for Edmonton, Enfield Highway, Enfield Town & Southgate, as detailed in section 3.1.1 of the report;

b.      Sexual Entertainment Venues - Preventing businesses being granted an automatic right to provide “live displays or performances involving nudity” on up to 11 separate occasions a year without a licence;

c.      Introduction of a policy to cover licensable events taking place during the Olympic & Paralympic Games between June and September 2012;

3.      A total of 8 responses had been received to the consultation (representing a 0.8% return).  A table had been provided as Appendix 1 of the report detailing the responses made, with a majority of responses (over 50% in each case) being supportive of the 3 licensing proposals.

4.      A total of 4 comments (as detailed in Appendix 2 of the report) had been received in respect of the 3 licensing proposals, none of which contained any policy or legal implications.

5.      In response to comments by members of the Committee it was confirmed that:

a.      the Cumulative Impact Policy did not represent a blanket refusal policy, with each application in the areas covered still needing to be assessed and considered on its own merits;

b.      subject to approval by the Committee, the 3 proposals would need to be recommended on to Council for formal approval on 28 March 2012 with a view to the new policy proposals becoming effective from 1 April 2012.  Current and new applicants would be advised that the new policy would apply (subject to agreement by Council) to consideration of any outstanding or new applications with effect from the 1 April 2012.  The new policy would not apply to existing licences, unless these became subject to review on or after 1 April 2012.

c.      Following the update in b. above members were advised that there were currently 12 licensing applications in the mediation process, although not all of these would be covered by the new licensing proposals.

d.      officers were confident, in respect of the low response rate, that the consultation letters and emails had been received by consultees.

 

AGREED

 

(1)    To approve, having considered the response to the consultation process, the following 3 Licensing Policy proposals:

 

(a)    Introduction of a Cumulative Impact Policy for Edmonton, Enfield Highway, Enfield Town & Southgate;

 

(b)    Sexual Entertainment Venues - Preventing businesses being granted an automatic right to provide “live displays or performances involving nudity” on up to 11 separate occasions  ...  view the full minutes text for item 603


Meeting: 07/11/2011 - Licensing Committee (Item 397)

397 Developments within the Licensing Regime pdf icon PDF 29 KB

To consider developments in relation to:

 

1.         Regulated Entertainment.

 

2.                  Police Reform and Social Responsibility Act 2011.

 

3.         Licensing Consultation 2011

Additional documents:

Minutes:

NOTED

 

Response to DCMS Regulated Entertainment Consultation

 

1.                  Mark Galvayne, Principal Licensing Officer, advised that:

 

a.                  the proposals would allow any promoter to provide any type of regulated entertainment at any time in any place to any audience (other than boxing/wrestling, sexual entertainment or events for 5,000+ people) without ever requiring a licence;

b.                  of the approx 900 premises licences the Council currently grant, less than 50 of them were in respect of regulated entertainment only.  Thus in most cases conditions were included on licences in respect of controlling public nuisance arising from regulated entertainment;

c.                  the proposals would be to the detriment of local communities, local authorities and the Police and would cause a measurable reduction in the quality of life of local communities.

 

2.                  The Chairman remarked that the proposals were counter to recent changes in respect of alcohol licensing to give more power to local communities, local authorities and the Police, and did not support local Licensing Sub Committees.  Therefore the draft response to the consultation was assertive in dismissal of the proposals.  The Cabinet Member for Environment had suggested that the Licensing Committee Chairman send a letter to ‘The Times’ outlining concerns regarding the proposals.

 

3.                  The Committee made the following comments with regard to the draft response:

 

a.                  the response to Q6 to be amended to “…. provision of currently regulated entertainment”;

b.                  the response to Q36 (indoor sports) to be amended to delete reference to ‘raves’;

c.                  responses to Q23 and Q26 needed to be more specific to illustrate particular risks the local authority had been able to manage through existing control mechanisms;

d.                  the importance of regulations for the benefit of all should be highlighted by the inclusion of data relating to problems which have arisen from unregulated entertainment, such as raves and the festivities which used to take place at Trent Park;

e.                  assumptions by the DCMS that noise was the only type of public nuisance that occurs and that no crime and disorder occurs at entertainment events were incorrect;

f.                    the overall principal of the response was supported but it was proposed that it be more evidential based with reference to incidents to illustrate why the local authority considered that control mechanisms were needed.

 

AGREED that the draft response be amended as above and recirculated to the Committee

 

Police Reform and Social Responsibility Act 2011

 

4.                  Mark Galvayne, Principal Licensing Officer, outlined the amendments and advised that it was anticipated that these would take effect between April and October 2012.

 

5.                  In response to remarks from the Committee regarding the local health body being able to make representations, it was advised that any such representations had to be founded on support of the licensing objectives, rather than general health concerns.

 

6.                  Councillor Simon remarked that the impact of the impending Localism Bill with regard to pre-determination should be considered.

 

Licensing Policy Statement

 

7.                  Mark Galvayne, Principal Licensing Officer, advised that:

 

a.                  over 1,000 letters of consultation had been  ...  view the full minutes text for item 397