Agenda item

To provide the Committee with an update on Licensing Act 2003 activity undertaken by the Licensing Team in the second half of 2023/24.

To provide an overview of legislative and guidance changes and make recommendations where these have an impact on service delivery.

The Committee had before it a report * from the Team Leader, Commercial, Public Health of the Licensing Act Policy Review.

The following was highlighted:

·         The update report provided a brief summary of activity of the Licensing Team over the second half of the financial year 2023/2024.

·         The total of 448 Temporary Event Notices (TEN) were received during 2023/204.  A 19% increase on 2022/2023.

·         There were a number of recommendations for the Committee to consider.

·         The Licensing Bulletin was circulated quarterly to Members of the Licensing and Regulatory Committee which was prepared by Legal Service.  Licensing Officers and Legal Services proposed to offer a quarterly Teams meeting to support the Committee in terms of provision of information on legislative changes and case law.  This would also give Members the opportunity to ask questions that may arise regarding the implications of the changes to service delivery.

·         The second recommendations related to the review of the Gambling Act Statement of Principles.  As a Local Authority the Council had a statutory requirement to publish a Gambling Act 2005 Statement of Principles every 3 years.  A revised Statement would need to be published 4 weeks prior to the implementation date of 31^st January 2025.

·         There was a requirement for a consultation process to be carried out following a review of the Policy.   The proposal was to make minor changes to the Statement with a short consultation lasting 6 weeks during the summer of 2024.  The revised Statement and consultation responses would then be brought to the Licensing Committee with a recommendation to present to Full Council to approve the Statement prior to 19^th December 2024.  This would then be ready to publish 4 weeks prior to the implementation on 31^st January 2025.

·         There were also a number of other changes on Pavement Licensing being made permanent by the Levelling Act.  A separate report would be presented to Full Council.

Discussion took place regarding:-

·         The Pavement Licence and the placing of objects/furniture to ensure there was enough room for people to pass especially visually impaired people.  It was explained that responsibility for any objects other than furniture sat with Highways.  Anything associated with the consumption of food and drink outside sat with the Local Authority.  As part of the application process the Licensing Team would ensure adequate space was made available.

·         Whether Pavement Licences were currently available?  It was clarified that temporary pavement licensing regime had now been made permanent.  Licence holders of an active licence issued under the previous regime would be able to renew under the new regime.  New licences could be valid for up to 2 years.

·         Whether businesses in town were aware of the requirements?   It was explained that businesses always needed to apply for a Pavement Licence and in the past that would have been applied for through Devon County Council.   If they wished to continue to have street furniture for the consumption of food and drink on the highway then they would need to apply via MDDC.  An educational approach would be applied.

The Committee AGREED to meet quarterly for a Teams briefing to support the established quarterly Licensing Bulletin.

The Committee AGREED to approve a minor review of the Gambling Act 2005 Statement of Principles and subsequent 6 week consultation during August and September 2024 as outlined in section 4.6 of this report.

(Proposed by Cllr J Cairney, Chair)

Note: * Report previously circulated.