Agenda item

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, and should remain.

h.  Confirmation that Public Health would be a statutory consultee in the consultation. In addition to the statutory consultees, recognised amenity societies, business groups and residents’ associations would also be directly contacted for consultation. The consultation would be borough-wide.

i.  Members’ views that a more open consultation would gather the most useful evidence from all respondents. The questions should be broad and not mention specific hours.

j.  Members’ concerns that many people would be away on holiday during much of the proposed consultation period of 21 July to 17 October and that it should be extended to enable the fullest participation.

3.  The Licensing Committee considered the report and recommended that:

a.  The Council did not consult specifically on removing Enfield Town Cumulative Impact Policy, or on extending core hours to either midnight or 1am, but did consult on the Licensing Policy Statement using broad questions.

b.  The public consultation period be extended to 31 October 2014.