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Review of Licensing Policy Report ENCLOSURE 9.1 CANNOCK CHASE COUNCIL COUNCIL 8 DECEMBER 2010 REPORT OF DIRECTOR OF SERVICE IMPROVEMENT RESPONSIBLE PORTFOLIO LEADER: ENVIRONMENT REVIEW OF LICENSING POLICY KEY DECISION – YES 1. Purpose of Report 1.1 To seek approval and adoption of Cannock Chase District Council’s revised Licensing Policy in respect of functions under the Licensing Act 2003, following consultation on statutory review. 2. Recommendations 2.1 That the Cannock Chase District Council approves and adopts the revised Licensing Policy given at Annex 3 of this report. 3. Summary (inc. brief overview of relevant background history) 3.1 The Licensing Act 2003 received Royal Assent in July 2003 and modernises the old licensing regimes. It integrates alcohol, public entertainment, cinema, theatre, late night refreshment and night café licensing with a single system which places a statutory duty on the Council, as the Licensing Authority, to promote the four licensing objectives:- • the prevention of crime and disorder • public safety • the prevention of public nuisance • the protection of children from harm 3.2 The Licensing Policy is the instrument by which the Council administers enforces and executes its duties under the Act. It became operational on 7 February, 2005 and was approved and adopted by the Council on 13 December, 2004, and amended by Council on 23 February, 2005 to include the Weights and Measures Authority (Trading Standards) as a Responsible Authority following an amendment to the legislation. 3.3 It was reviewed during 2007 and the revised Licensing Policy approved and adopted by Council on 5 December 2007. Report-Review of Licensing Policy ENCLOSURE 9.2 4. Key Issues and Implications 4.1 Section 5 of the Licensing Act 2003 requires the Council to prepare and consult on a statement of licensing policy and to review every 3 years the approved, adopted document to ensure its effectiveness in meeting the licensing objectives. 4.2 This report details the review process which has resulted in a revised Licensing Policy. 5. The Policy 5.1 The policy document was developed in accordance with guidance issued by the Secretary of State in July 2004 under Section 182 of the Licensing Act 2003 and has been revised in accordance with guidance issued by the Secretary of State in June 2007 and the Local Government Regulation guidance. 5.2 The draft revised document was put out for consultation between 7 September and 29 October 2010 and every effort has been made to bring it to the attention of current licence holders, organisations with a known interest in licensing matters, partners such as Staffordshire Police and Fire and Rescue, Members and the public. A list of consultees actively consulted on is given at Annex 1 to this report. 5.3 The document has been put on the Council’s website and all interested parties have been written to in order to advise them on how they can see the document and comment on it. 6. Consultation Response 6.1 A total of 11 responses have been received and all comments have been properly considered and a judgment reached on their relevance and positive contribution to the process. These have been documented on appraisal forms. Copies of the responses and appraisals are enclosed at Annex 2. 6.2 The policy document has been amended as a result of revised guidance and the consultation process and is given at Annex 3 to this report. 5. Conclusion(s) and Reason(s) for the Recommendation(s) 5.1 The statement of Licensing Policy has been reviewed and revised in accordance with Secretary of State and Local Government Regulation Guidance and has been put out to public consultation. 5.2 The document has been amended where considered appropriate after proper consideration of all comments made within the consultation period. 6. Other Options Considered 6.1 No other options were considered as it is a statutory duty to review the policy every 3 years and to consult on the proposed revision. 7. Report Author Details K.J. Sulway, Environmental Protection Manager, Ext. 4480 Report-Review of Licensing Policy ENCLOSURE 9.3 SCHEDULE OF ADDITIONAL INFORMATION INDEX Contribution to Council Priorities (i.e. CHASE, Corporate Priorities) Section 1 Contribution to Promoting Community Engagement Section 2 Financial Implications Section 3 Legal Implications Section 4 Human Resource Implications Section 5 Section 17 (Crime Prevention) Section 6 Human Rights Act Implications Section 7 Data Protection Act Implications Section 8 Risk Management Implications Section 9 Equality and Diversity Implications Section 10 List of Background Papers Section 11 Report History Section 12 Annexes to the Report i.e. copies of correspondence, plans etc. Annex 1, 2, 3 etc. Report-Review of Licensing Policy ENCLOSURE 9.4 Section 1 Contribution to Council Priorities (i.e. CHASE, Corporate Priorities) This is a statutory document which enables the Council to contribute to public safety. Section 2 Contribution to Promoting Community Engagement The draft revised policy has been consulted on widely and has been placed on the Council’s website to encourage participation in the consultation process. Section 3 Financial Implications There are no direct financial implications as a result of the adoption of the revised policy. Section 4 Legal Implications These are referred to extensively throughout this report, but it must be emphasised that the Council is under a statutory duty to review this statement of policy and also to have regard to it (as well as having regard to the licensing objectives and any official guidance) in carrying out its licensing functions (Sec. 4 Licensing Act 2003). Section 5 Human Resource Implications There are no human resource implications as a result of the adoption of the revised policy. Section 6 Section 17 (Crime Prevention) One of the four Licensing Objectives is the Prevention of Crime and Disorder. Section 7 Human Rights Act Implications There are no Human Rights Act Implications arising from this report. Section 8 Data Protection Act Implications None identified. Section 9 Report-Review of Licensing Policy ENCLOSURE 9.5 Risk Management Implications Failure to review the Licensing Policy on a 3 year basis would be a breach of legislation and would leave the Council open to sanctions. Section 10 Equality and Diversity Implications The Policy will be made available in large print, Braille and audio on request. Section 11 List of Background Papers None. Section 12 Report History It is a requirement in legislation for the full Council to approve and adopt the Licensing Policy. Annexes Annex 1: List of Consultees Annex 2: Copies of responses to consultation process and appraisals Annex 3: Revised Licensing Policy Report-Review of Licensing Policy Report-Review of Licensing Policy ANNEX 1 CANNOCK CHASE COUNCIL DECEMBER 2010 REPORT OF DIRECTOR OF SERVICE IMPROVEMENT LIST OF CONSULTEES www.cannockchasedc.gov.uk Report-Review of Licensing Policy ANNEX 1 Draft Licensing Policy Consultees 2010 Miscellaneous Staffordshire County Council ADSIS Sally Rowe- Child Protection Helen Pearce- South Staffs PCT Wayne Mortiboys- Highways Agency David Barrow- DB Events Ltd Pat Merrick - Joint Commissioning Unit Cannock CAB Trading Standards Rugeley CAB Dave Botfield- Highways Agency Chase Tenants Federation Davinia Powell- Trading Standards Kent Parson CVS Brandon Cook- Trading Standards Health & Safety Executive Paul Boss- Highways Agency Trades Union Congress HM Revenue and Customs Staffordshire Fire & Rescue Service Gambling Commission Geoffrey Whewell – West Midlands CIU Neil Griffiths John Fraser- Stafford BC Bob Johnson David Pattison- South Staffs DC Alan McEntire Michelle Lucas- Chamber of Commerce Natal Chapman- Cannock Shopping Centre British Transport Police John Mason Associates- Architects Licensed Trade Legal Services Parish & Town Councils Solicitors Brereton and Ravenhill Parish Council Ford & Warren Solicitors Norton Canes High School JR Jones Solicitors Cannock Chase High School Hammonds Solicitors Blake Valley High School Winckworths Solicitors Cardinal Griffin Catholic High School Berwin Leighton Paisner Hagley Park Sports College Gosschalks Norton Canes High School John Gaunt & Partners Chase Academy School Poppleston Allen Mark Redler Solicitors Staffordshire Police Poppleston Allen Harvey Roberts Solicitors Kuit Steinart Levy LLP Staffordshire Police Cobbetts PC Andy Frost TLT Solicitors Sgt Jason Dorrington Locketts & Co Insp Christopher Ellerton Trethowans Solicitors Insp Patrick Shannagham R N Williams Solicitors Chris Mottershead Frisby Solicitors PC Gordon Scott Manbys Solicitors Sgt Donna Gibbs Imogen Moss Southern Licensing Unit Lisa Langton David Campbell Report-Review of Licensing Policy ANNEX 1 Schools & Colleges Churches Kingsmead Technology College Catholic Churches Fair Oak High School Brereton & Rugeley Parish Cannock Chase High School Norton Canes Parish Blake Valley High School Cannock Ministry Cardinal Griffin Catholic High School Victory Christian Centre Hagley Park Sports College St Stephens Church Norton Canes High School Chase Academy School Cannock Pubwatch Members Breweries and Off Licences Bank Bar Lounge Stones Midlands Co-op Fern & Fallow Enterprise Inns Ascot Tavern Association of Licensed Multiple Retailers Winding Wheel One Stop Piques Wine Bar Bargain Booze U Bar Jazz Services Rileys - Cannock Marstons PLC Bar Sport British Beer & Pub Association Mr Mark Parton Mr Greg Bartley - Tesco Stores PLC Bar 77 The Academy Doctor Surgeries Rugeley Pubwatch Members Hednesford Street Surgery Dr C S Thaker & Partners Castle
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