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.

Consideration was given to the report introduced by Councillor Taylor, Cabinet Member for Transport, Jobs and the Local Economy, and Alan Pogorzelec, Service Manager, regarding the Statement of Licensing Policy. It was noted that the policy formed part of the cyclical review process and sought to align the current licensing framework with previously adopted taxi policy decisions. Members were informed that the borough’s existing taxi licensing policies had been widely regarded as some of the most effective in the country, offering high levels of public protection. The revised Statement of Licensing Policy aimed to bring other areas of licensing in line with the ethos and ambition established through those prior decisions.

Further detail was provided on the scope and intent of the proposed policy. Members were informed that the policy took an ambitious approach, mirroring the borough’s leading stance on taxi licensing. While the Licensing Act 2003 policy had previously adhered strictly to statutory requirements, this revision demonstrated a broader vision, aiming to enhance local standards and outcomes.

It was noted that the report had been presented at a previous meeting, but issues had arisen regarding the completeness of the documentation. In particular, key appendices had been omitted at the time. Members’ attention was therefore drawn to the appendices included in the current report – specifically Appendices F, G and H – which contained significant additions and revisions, highlighted in yellow for clarity. The main body of the policy remained largely unchanged, save for updates reflecting legislative amendments and minor procedural refinements. However, the appendices contained more substantial changes. Appendix F detailed policies related to the licensing objectives, Appendix G detailed premises specific policies, while Appendix H introduced measures concerning environmental best practices, women's safety, and the implementation of core operating hours. Additional clarification had also been provided throughout the document concerning the management of large-scale events.

Additionally, it was informed that while the management of large events was not new at the national level, it represented an emerging area of focus within the borough. Reference was made to the success of the Reyton’s concert in Clifton Park, which had sparked further interest in hosting similar events locally. The policy therefore included provisions aimed at facilitating well-managed, responsible large events, including those at Wentworth Woodhouse and Hooton Lodge.

In conclusion, it was emphasised that the revised policy struck a careful balance. While ensuring the effective implementation of the Council’s responsibilities under the Licensing Act, it also supported economic development by avoiding an overly restrictive or bureaucratic approach. Members welcomed the ambition and considered the policy a positive step forward for licensing across the borough.

The Chair invited members of the Overview and Scrutiny Management Board (OSMB) to raise questions and queries on the points raised earlier.

Councillor McKiernan sought clarification on how current licence holders would be informed of the proposed changes to the Statement of Licensing Policy. Concern was expressed that simply issuing the updated policy may not be sufficient and that additional steps should be taken to ensure the changes were understood and acknowledged.

In response, the Service Manager confirmed that all current licence holders would be consulted as part of the policy revision process. The proposed changes would be clearly outlined within the consultation materials to ensure transparency and understanding. In addition to this, it was noted that the Council had, over the past 12 months, begun to develop a programme of awareness and refresher training sessions for the licensed trade. These sessions, delivered in partnership with community safety teams and the police, would include updates on new policy developments and clarify expectations for licence holders. It was also highlighted that these sessions would provide an opportunity to brief stakeholders on wider legislative changes, including the recently passed Martin’s Law, which would begin to be implemented over the next two years. Members were reassured that they would be kept fully informed of developments and were offered to provide further briefings on licensing matters upon request.

Councillor Yasseen sought clarification regarding the content of Appendix 1 within the policy document, specifically in relation to licensable activities listed from section 1.3 onwards. A query was raised regarding the definition and scope of “regulated entertainment,” including activities such as the performance of a play, exhibition of a film, and others. Further questions were asked about the exemptions listed in section 1.3.3, with particular reference to whether showing a film always required a licence or if certain circumstances were exempt.

In response, the Service Manager acknowledged the complexity of the Licensing Act 2003 and explained that the policy aimed to clearly set out which activities required a licence, and which did not. It was clarified that, in general terms, film screenings intended for profit – including for fundraising purposes – would typically fall within the scope of licensable activities. However, exemptions may apply depending on the nature of the organisation and the context in which the event was held.

It was further explained that activities organised by not-for-profit groups or registered charities may benefit from specific exemptions not available to individuals or commercial organisers. Key factors influencing whether a licence would be required included the type of venue, the nature of the film, and the status of the organising body. Members were advised that while general guidance could be provided, the nuances of the legislation meant that each situation should be considered on a case-by-case basis. Officers, therefore, recommended that organisers seek direct advice where there was uncertainty regarding licensing requirements.

Councillor Yasseen sought further clarification regarding section 1.3.4 of the policy. Specifically, she wanted to know whether the figures mentioned in the document were unique to Rotherham or if they were set by national legislation. In response, the Service Manager clarified that the figures and details in section 1.3, including audience sizes and other limits, were directly derived from the Licensing Act 2003. These were not specific to Rotherham but were legislative requirements that applied nationally under the Act.

The Councillor also inquired about what changes or new elements the policy introduced, particularly what aspects would be different or considered best practice, especially at the local level, since national legislation would remain unchanged.

The Service Manager responded that the policy was designed to offer best practice suggestions for the licensed trade, many of which had emerged through interactions with the sector. It was noted that many businesses in the licensed trade were eager to adopt best practices to ensure success and stand out in a competitive market. The updated policy provided these businesses with guidance on areas such as environmental best practices, women’s safety, counter-terrorism measures, and the consideration of Martin’s Law, which were not addressed in the previous policy. It was explained that sections of the policy containing new information were highlighted in yellow for easy reference. These included specific recommendations on environmental responsibility, safety protocols, and counterterrorism, all of which aimed to enhance the operation of licensed premises and support businesses in meeting emerging challenges. The Service Manager emphasised that the policy did not mandate these practices but offered them as useful suggestions that businesses could adopt voluntarily.

Further conversation took place regarding section 2.10 of the main policy document, which focuses on promoting equality and inclusion in licensed venues. Councillor Yasseen referred to past experiences, particularly during the COVID-19 period, where issues related to equality in the licensing process had been observed. The Councillor expressed a desire to see greater assurance that equality and inclusion would be truly embedded and implemented within the licensing service as the consultation progressed. It was acknowledged that the issue of equity and inclusion in licensing had been a historical concern, and the Councillor would continue to monitor this closely during the consultation.

In response, the Chair reassured that the approach now involved consulting with the public and the trade to ensure better practices. The Chair also highlighted that elected members had the responsibility to take advice from officers and make decisions based on that advice. Additionally, the Chair confirmed that once the consultation was complete and the recommendations were finalised, a further report would be submitted to the Overview and Scrutiny Management Board before being considered by the Cabinet. This would include the outcome of the consultation and any revised policy changes.

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.

Further actions that arose from discussions were that:

•       It was agreed that following the consultation, a further report would be submitted to OSMB ahead of its consideration by Cabinet which included the outcome of the consultation a revised Policy.