Agenda item

Report from the Strategic Director of Regeneration and Environment.

Recommendation:

That Cabinet approve the draft Licensing Act Statement of Licensing Policy attached to this report as Appendix 1 for consultation in accordance with the requirements of the Licensing Act 2003.

At the Chair’s invitation the Assistant Director Community Safety and Street Scene introduced the report which was regarding the Licensing Act 2003.  The report covered licensing on aspects such as bars, pubs and clubs and the sale of alcohol. It covered regulated entertainment such as music, indoor sports etc and it covered late night refreshments. The Council had to produce a statement of licensing policy. which had to be reviewed every five years.  Licencing officers had undertaken informal consultation with various partners, local license holder and taken account of feedback and information that had feed into the policy. It was an ambitious policy in terms of setting out the Councils standards and expectations for how those kinds of regulated provisions were delivered across the borough along with promoting and supporting the licensing objectives. The report was seeking approval of the draft policy for a period of consultation.

The Assistant Director Community Safety and Street Scene explained that in terms of the Licensing Act objectives that were embedded within the Licensing Act 2003.  This was about the prevention of crime and disorder and was about the promotion of public safety, protection of children from harm, the prevention of public nuisance.

The Assistant Director Community Safety and Street Scene explained the specific aspects included were around counterterrorism, such as Martins Law and the development in relation to that along with further information about the safeguarding of children and vulnerable adults. The document sought to set out good practice in a range of different areas which included making adequate provision around the welfare of customers, management of issues like smoking and vaping, minimisation of waste, rehearsal of written contingency plans and enhanced safeguarding practices. The policy sought to recognise that it would cover a range of different premises and aimed to support those premises to think about their bespoke individual needs and how that related back to the policy. It was looking to promote equality and inclusion in licensed venues. It looked to further improve the experiences of communities that used licensed venues for any particular purpose.  It included aspects such as an inclusive transport policy, procedures, making sure venues were accessing regular training for staff.  It sought to promote environmental best practice. The policy sought to set out core hours that would be applicable to each individual different types of premises, but the changes would not mean that license applications would automatically be refused if it fell outside of those hours, but it provided an understanding of what the guiding principles were.

The Chair invited members of the Overview and Scrutiny Management Board (OSMB) to raise questions and queries on the points raised earlier. In response to a query from Councillor Yasseen the Assistant Director Community Safety and Street Scene explained the policy was trying to set a standard of expectation. It would not necessarily drive any particular enforcement against venues although it would provide a guide to the Council of what it believes was appropriate in those circumstances. On the issue of alcohol, which was the most obvious to pick out, was the pervasive impact of the misuse of alcohol across the communities, both in terms of individual health and outcomes as well as the issues in terms of community safety and crime and disorder and the impacts and prevalence of alcohol in terms of driving those activities. 

In response to a query from Councillor Marshall the Assistant Director Community Safety and Street Scene explained the Council had been robust in its approach, which involved regular training along with conducting dip sampling / testing to ensure licensed premises were remaining compliant with those types of policies, such as Ask for Angela.

It was noted that some planning applications contained a condition which stipulated that a business could only operate within certain hours, but a licensing application was received for additional operating hours. Councillor Baggaley queried if one of those permissions had seniority over the other? It was clarified by the Assistant Director Community Safety and Street Scene that neither of those permissions would have seniority over the other, they would work in conjunction and co-exist.

The Assistant Director Community Safety and Street Scene explained to Councillor McKiernan that he was not aware that the Council had a separate policy on licensing enforcement, however it did have an overall enforcement policy that set out it’s approach to all enforcement matters.

Councillor Yasseen felt the wider social causes of some behaviours that were deemed undesirable were not being addressed in the first instance before enforcement action was undertaken. Councillor Yasseen then sought clarification that there was no conflict with Rotherham’s focus on economic development goals.  The Assistant Director Community Safety and Street Scene explained the Council sought to consider the who life cycle of where those challenges began, in relation to antisocial behaviour or criminal activity, which could stem from challenges such as deprivation in local areas. The Council worked closely across the whole organisation and the wider partnership to use information and intelligence to advocate for improved services and improved interventions and to increase aspirations across the borough. It was hoped that the policy struck the right balance in terms of protecting the public and delivering the licensing objectives whilst supporting economic growth to the benefit of the communities. 

Councillor Tinsley noted there was a much local businesses could do to adopt environmental best practice however nothing was mentioned around what happened after someone purchased the takeout.  Concern was expressed in relations to cash-in-hand delivery drivers in relation to modern slavery and queried if the Council was ensuring those businesses addressed those risks when hiring people.  The Assistant Director Community Safety and Street Scene noted the points highlighted the value of consultation, which helped to shape the policy. It was a reasonable expectation that, takeout businesses for example, would help to maintain the local environment and the Council did have some powers to help enforce that.

Resolved: That the Overview and Scrutiny Management Board supported the recommendations that Cabinet:

1. approve the draft Licensing Act Statement of Licensing Policy attached to this report as Appendix 1 for consultation in accordance with the requirements of the Licensing Act 2003.