To receive a report from the Director of Environment, Street Scene and Parks detailing the outcome of the 3-year review of Enfield Council’s Licensing Policy, as required under the Licensing Act 2003.
Members are asked to note that the details of the response to the public consultation process, along with a new draft Second Edition of the Policy will be circulated as “To Follow” next week.
(Report No. 119)
RECEIVED the report of the Director of Environment, Street Scene and Parks (Report No. 119) introduced by Mark Galvayne, Licensing Officer.
1. The Licensing Act 2003 obliges the Council to review its Policy every three years.
2. The details of the response to the public consultation process.
3. The contents of the updates in the draft Second Edition of the Licensing Policy Statement.
4. The Licensing Committee were invited to put forward suggested amendments / comments.
5. Councillor Simon’s concerns regarding the minimum level of response, 8 comments 7 from officers and I from the police. He queried the level of the consultation process. Mark Galvayne advised that the consultation was broadly circulated and would conclude that the existing policy was satisfactory with relevant parties, including Enfield Trading Associations.
6. Councillor Bond queried the possible nuisance of smokers congregating outside Licensed Premises, now that the Smoking Ban was in force within public places, and asked whether this was incorporated within the policy. Mark Galvayne said that this would be accountable under ‘prevention of nuisance’ in the use of ‘outside spaces’.
7. Responding to concerns from Councillors regarding the ‘ambiguous’ policy regarding the under 14 years of age being the upper limit within Licensed premises, including supermarkets that sold alcohol, the wording would be amended to reflect that the age of 14 is the upper limit for premises primarily selling alcohol, the wording of paragraph 7.5 to be amended:
‘NB. The age-limit of 14 years is intended as an upper limit and does not imply that this limit will be permitted for all relevant applications’.
8. With regard to ‘Prevention of Nuisance’ and the adequacy of lavatory provision within licensed premises, it was agreed that:
· To add a further requirement to ensure that lavatories were not closed until the last customer had left the premises and,
· in relation to urination in public places the means to prevent nuisances should include the adequacy of lavatories, financial contributions towards the provision and/or maintenance of public urinals and supervision in the vicinity of the premises
9. With regard to ‘Cumulative Impact’, this did not include a ‘saturation policy’. Mark Galvayne explained that the police would rather view any further licensed premises to a particular area on a ‘case by case’ judgement.
10. With regard to the ‘Temporary Events Notice’ (TEN), Mark Galvayne advised that the 10 days minimum notice was needed to ensure that in the case of any objections being made, there was enough time for the application to appear before the Licensing Sub Committee.
11. Mark Galvayne explained that applicants were made aware that ‘Licensing would be granted subject to Planning permission’. Councillor Brett made a fervent plea that when papers were sent out to Turkish applicants, careful translation was used in any responses. She explained that the words ‘permission’ and ‘licence’ reflected the same meaning in the Turkish language. Councillor Boast agreed that this was an important issue and asked that the mechanisms were put in place to enable Turkish applicants accurate interpretation to avoid serious confusion. Action: Mark Galvayne
12. ‘Proof of Age’ schemes were used in licensed premises. Councillor Boast said that if an irresponsible Licensee was found selling alcohol to under age persons the scheme could be used as a ‘weapon’ to demonstrate that he had breached the rules.
AGREED to approve the updated Second Edition of the Licensing Policy Statement subject to the amendments detailed above.