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Review of Licensing Policy ENCLOSURE 9.1 CANNOCK CHASE COUNCIL COUNCIL 5 DECEMBER, 2007 DIRECTOR OF SERVICE IMPROVEMENT REVIEW OF LICENSING POLICY 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. Key Issues 3.1 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. 3.2 This report details the review process which has resulted in a revised Licensing Policy. S:\Corporate\Meetings-Council\2007-08\Council\07-12-05\06a-Report Review Of Licensing Policy.Doc ENCLOSURE 9.2 REPORT INDEX Background Section 1 The Policy Section 2 Consultation Response Section 3 Conclusion Section 4 Contribution to CHASE Section 5 Section 17 (Crime Prevention) Implications Section 6 Human Rights Act Implications Section 7 Data Protection Act Implications Section 8 Risk Management Implications Section 9 Legal Implications Section 10 Financial Implications Section 11 Human Resource Implications Section 12 List of Background Papers Section 13 Annexes to the Report i.e. Copies of Correspondence, Plans etc. Annex 1: Annex 1 Annex 2: Annex 2 Annex 3: Annex 3 S:\Corporate\Meetings-Council\2007-08\Council\07-12-05\06a-Report Review Of Licensing Policy.Doc ENCLOSURE 9.3 Section 1 1. Background 1.1 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 four licensing objectives:- • Prevention of crime and disorder • Public safety • The prevention of public nuisance • The protection of children from harm 1.2 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. Section 2 2. The Policy 2.1 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. 2.2 The draft revised document was put out for consultation between 12 October and 5 November, 2007 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. 2.3 The document has been put on the Council’s web site and all interested parties have been written to order to advise them on how they can see the document and comment on it. Section 3 3. Consultation Response 3.1 A total of 10 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. 3.2 Changes to the policy document as a result of revised guidance and the consultation process are shown by deletions in red and additions in blue, given at Annex 3 to this report. S:\Corporate\Meetings-Council\2007-08\Council\07-12-05\06a-Report Review Of Licensing Policy.Doc ENCLOSURE 9.4 Section 4 4. Conclusion 4.1 The statement of Licensing Policy has been reviewed and revised in accordance with Secretary of State Guidance and has been put out to public consultation. 4.2 The document has been amended where considered appropriate after proper consideration of all comments made within the consultation period. Section 5 5. Contribution to CHASE 5.1 This is a statutory document which enables the Council to contribute to public safety. Section 6 6. Section 17 (Crime Prevention) Implications 6.1 None identified. Section 7 7. Human Rights Act Implications 7.1 There are no Human Rights Act Implications arising from this report. Section 8 8. Date Protection Act Implications 8.1 None identified. Section 9 9. Risk Management Implications 9.1 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 10. Legal Implications 10.1 These are referred to extensively throughout this report, but it must be emphasised that the Council is under a 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). S:\Corporate\Meetings-Council\2007-08\Council\07-12-05\06a-Report Review Of Licensing Policy.Doc ENCLOSURE 9.5 Section 11 11. Financial Implications 11.1 There are no direct financial implications as a result of the adoption of the revised policy. Section 12 12. Human Resource Implications 12.1 There are no human resource implications as a result of the adoption of the revised policy. Section 13 13. Background Papers None. S:\Corporate\Meetings-Council\2007-08\Council\07-12-05\06a-Report Review Of Licensing Policy.Doc ENCLOSURE 9.6 Draft revised Licensing Act Policy 2007 List of Consultees S:\Corporate\Meetings-Council\2007-08\Council\07-12-05\06a-Report Review Of Licensing Policy.Doc APPENDIX 1 Albion Inn 17 Albion Street, Rugeley Alcohol Harm Reduction Strategy Aquarius Ballroom Victoria Street, Hednesford Ascot Tavern Ascot Drive, Cannock Asda Baird Avenue, Dundee Association of Convenience Stores Association of Licensed Multiple Retailers Bamboo Garden 50a Broadway, Hednesford Bank Bar 21-33 Wolverhampton Road, Cannock Bar Sport 85 High Green, Cannock, WS11 1BJ Bar, Entertainment and Dance Association Bargain Booze Headquarters Bargain Booze 1 Mill Street, Cannock Bargain Booze 19A Horsefair, Rugeley Bargain Booze 2 Ashford House, Chadsmoor, Cannock Barracuda Head Office Fieldhouse Lane, Marlow Beaudesert Golf Club Rugeley Road, Hednesford Bengali Balti 21 North Street, Bridgtown Bideford Way Fish Bar 8 Devon Court, Bideford Way, Cannock Bilash Restaurant Horsefair, Rugeley BLP Law Bo-Jollies Wine Bar 13 Albion Street, Rugeley, Staffs Brereton Fish Bar 68 Main Road, Rugeley Brereton Football Club Main Road, Brereton Brereton Sports & Social Club Armitage Lane, Brereton Bridge Fish Bar 21 Burntwood Road, Cannock Bridgtown Social WM Club Cannock British Beer and Pub Association British Institute of Inn Keeping British Transport Police London HQ British Transport Police 10 Holiday Street, Birmingham Broadway Spice 50b Broadway, Hednesford Broom Stores 414-416 Cannock Road, Hednesford Broomhill Albion WMC 195 Cemetery Road, Cannock Burton Wood Brewery Warrington Campaigning for Real Ale Cannock & Rugeley Cricket Club Littleworth Road, Cannock Cannock Barbeque & Sandwich Bar 24 Market Hall Street, Cannock Cannock Chase Chamber of Commerce Ridings Park, Cannock Cannock Chase Technical College The Green, Cannock Cannock Clansman 15 Cannock Road, Cannock Cannock ExServicemens Club Sandy Lane, Rugeley Cannock Fish Bar 78 Wolverhampton Road, Cannock Cannock Royal British Legion Club 43 Stafford Road, Cannock Cannock Rugby Union Football Club Stafford Road, Cannock Cannock Snooker Club 13 High Green, Cannock Cannock Social WM Club 67 Wolverhampton Road, Cannock Cannock Unionist Club 92 High Green, Cannock Central Fish & Chips 1 Walsall Road, Cannock Chadsmoor Fish Bar 252 Cannock Road, Cannock Chadsmoor Progressive WMC 18 Burns Street, Chadsmoor Chase Leisure Centre Stafford Road, Cannock Chase Tenants and Residents Chase Workers Social Club 848 Pye Green Road, Hednesford S:\Corporate\Meetings-Council\2007-08\Council\07-12-05\06a-Report Review Of Licensing Policy.Doc APPENDIX 1 Chief Constable, Staffordshire Police Headquarters Chief Executive, NHS Direct 207 Old Street, London Chief Officer for Staffordshire Fire Pirehill, Stone China Garden Restaurant High Green Court, Cannock Church Hill Victoria WM Club 116 Church Hill, Hednesford Cobbetts Solicitors Community Council of Staffordshire Friars Terrace, Stafford Cooks Newsagent Ltd 23c Horsefair, Rugeley Co-Op Headquarters Co-op Stores Anglesey Street, Hednesford Crime and Disorder Partnership Cross Keys Inn 42 Hill Street, Hednesford Crystal Fountain St Johns Road, Cannock David Battisby at LB Law Dilshad Tandoori Restaurant 1 Ashworth House, Cannock Road Dominoes Pizza High Green Court, Cannock Dragon City Rose Hill, Cannock Eastern Spices 105 Fernwood Drive, Rugeley Eaton Lodge 118 Wolseley Road, Rugeley Enterprise Inns Equity Etching Hill Tennis Club East Butts Road, Rugeley Fans Cantonese Restaurant 172 Walsall Road, Cannock Federation of Licensed Victuallers Association Festival Fish Bar 6 Festival Court, Pye Green Road Food Paradise 76 Market Street, Cannock Ford and Warren Solicitors General Stores & Off Licence 29 Bradbury Lane, Hednesford George & Berties Eating House Market Hall Street, Cannock
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