Issue - meetings

To receive the report of the Principal Licensing Officer in respect of consideration of the Council’s gambling policy.

RECEIVED the report of the Principal Licensing Officer.

NOTED

1.  The introduction by the Principal Licensing Officer, including:

a.  The revised (4^th) edition of the Gambling Policy would be submitted for approval by full Council on 11 November 2015. The policy was due for publishing by 30 January 2016.

b.  The Council was required, following public consultation, to publish its gambling policy every three years. The recommended Statement of Principles was attached to the report.

c.  A new ‘no casino’ resolution was recommended.

d.  Changes to the Council’s Gambling Policy reflected the key changes in the Gambling Commission’s statutory guidance to licensing authorities.

e.  A leading licensing barrister had been involved during the drafting process and would provide final feedback before submission of the report to Council.

2.  Councillors Savva and Fallart arrived at the meeting.

3.  The responses to the public consultation, which took place between 17/07/15 and 02/10/15, were noted. The proposed policy was amended as considered necessary in the light of the feedback received.

4.  Members’ debate and responses to questions raised, including clarification of the publishing date for the policy, and confirmation of guidance to the Gambling Act that licensing authorities cannot take account of the number of gambling establishments in the borough when determining applications.

AGREED that the Licensing Committee noted the results of the public consultation and amendments made to the proposed Statement of Principles, under the Gambling Act 2005, and recommended to Council:

1)    To approve the Statement of Principles, under the Gambling Act 2005, attached as Appendix 1 to the report.

2)    To resolve not to issue casino premises licences, under the Gambling Act 2005.

To receive the report of the Director of Regeneration and Environment to consider the responses to the public consultation on the Council’s Licensing Policy statement and to approve policy recommendations for adoption by Council.

SENT TO FOLLOW

RECEIVED the report of the Director of Regeneration and Environment.

NOTED

1.  The introduction by the Principal Licensing Officer, including:

a.  Following the meeting of the Licensing Committee in July, a borough-wide public consultation was conducted between August and October in respect of the Council’s Licensing Policy Statement.

b.  A 5^th edition of the Licensing Policy Statement must be approved by full Council by/in January 2015.

c.  Approximately 1,000 people were invited to respond to the consultation. 27 responses were received to the consultation, which was a 2.8% return. Details of the responses were set out in Annex D to the report.

d.  The context and operation of the Cumulative Impact Policy (CIP) within the Licensing Policy Statement was set out on pages 7 – 8 of the report.

e.  The Licensing Authority and the Police considered the CIP helpful, and that it enabled more effective negotiations with applicants.

2.  Councillors Jiagge and Savva arrived at the meeting.

3.  Members’ debate, and responses to questions raised, including:

a.  Members’ concern regarding the low rate of response to the consultation. It was confirmed that 76 Residents’ Associations and almost 800 businesses had been written to directly. The level of response was not inconsistent with other public consultations. There were responses from the Police Service and the Licensing Authority: this was significant as they were the two main bodies who were consulted on all licensing applications.

b.  It was noted that 27 people in total responded, but not everyone answered every question.

c.  It was noted that a majority were in favour of retaining the Enfield Town CIP.

d.  The consensus of the responsible authorities regarding extending all core hours to 00:00 was noted. They did not believe that the licensing objectives would be compromised by a 00:00 terminal hour.

e.  It was noted that updated evidence from the Police, showing alcohol related crimes recorded in the CIP zones, was included on pages 45 – 51 of the agenda pack.

f.  It was noted that the Police had not asked for any new CIP areas to be designated.

g.  The Committee asked that the Police look at the alcohol related crimes recorded in the rest of the borough in comparison to the CIP areas, and report this evidence back.

h.  Confirmation that the Council had to legally adopt the Licensing Policy Statement  by January. The Council could amend its policy in future as necessary.

i.  The Committee unanimously approved the report recommendations.

AGREED that the Licensing Committee considered the report and recommended to Council:

1)    To approve the continuance of the Cumulative Impact Policy within the Council’s Licensing Policy Statement under the Licensing Act 2003.

2)    To approve the retention of the four Cumulative Impact Policy areas.

3)    To approve the retention of the midnight terminal hour for restaurants, take-aways, plays, films and indoor sports within the Cumulative Impact Policy areas.

4)    To approve the extension of the terminal hour for pubs/bars, off licences & music and/or dancing  ...  view the full minutes text for item 238

To receive the report of the Director of Regeneration and Environment to consider amendments to the Council’s Licensing Policy before it is subject to full public consultation.

TO FOLLOW

RECEIVED the report of the Director of Regeneration and Environment.

NOTED

1.  The introduction by the Principal Licensing Officer, including:

a.  The Licensing Act 2003 sets out the way the Council controls licensable activities.

b.  The Council had to determine and publish a Licensing Policy Statement every five years.

c.  Enfield’s Licensing Policy Statement was most recently fully reviewed by public consultation in 2010.

d.  The current Fourth Edition Licensing Policy Statement was attached as Annex A to the report.

e.  The current Licensing Policy Statement included four Cumulative Impact Policy (CIP) areas, within which applications for new licences and extensions of existing licences would generally be granted up to set core hours only.

f.  The CIP areas had been designated around two years’ ago and all applications outside core hours apart from one had been resisted. There had been no legal challenge to the policy.

g.  The Licensing Committee’s view was sought on the content of the consultation to be produced this year. There would be a three month consultation period during which residents, businesses and responsible authorities would be able to give their comments. The Committee would then receive and consider responses to the consultation and recommend a final fifth edition of Enfield’s Licensing Policy Statement for adoption by Council.

h.  The Cabinet Member for Environment and Community Safety had made two recommendations to the Licensing Committee for amendments to the Licensing Policy Statement, as set out in para 2 of the report.

2.  Members’ debate, and responses to questions raised, including:

a.  Acknowledgement that other suggestions for amendments might be for further areas to be covered by a CIP, such as Palmers Green, or for boundaries of designated CIP areas to be altered.

b.  It was noted that the number of disputed cases and the need for Licensing Sub Committee hearings had fallen considerably since the introduction of the CIP areas.

c.  Confirmation that when the four CIP areas were designated this had been in response to Police concerns, and Police evidence had led to the areas’ delineation. The data which had informed the designation of the CIP areas was included on pages 25 – 29 of the report.

d.  Clarification that the CIP applied only to applications for new premises licences or licensed hours extensions within the CIP areas. There were many existing licences approved prior to the introduction of the CIP in 2012 that permitted licensable activities beyond the CIP core hours.

e.  Members’ concerns that it may be considered unfair across the borough if it was suggested that the Enfield Town CIP only should be removed.

f.  Members’ concerns that the situation had not changed since 2012 and that removing the CIP from Enfield Town could lead to an increase in crime and disorder and public nuisance.

g.  The opinion of the Police Licensing Officer that Enfield Town was the hub of activity in the borough and in his view the CIP had a positive effect on crime and disorder and public nuisance,  ...  view the full minutes text for item 26