Miss J Cleary To the Chair and Members 742227 of the JEC/EVB LICENSING COMMITTEE 30 January 2009 Dear Sir/Madam A meeting of the LICENSING COMMITTEE will be held in the COUNCIL CHAMBER, CIVIC OFFICES, MERRIAL STREET, NEWCASTLE on THURSDAY, 12 FEBRUARY 2009 at 7.00pm AGENDA 1. Minutes from meeting held on 12 November 2007 (yellow paper). 2. To consider the reports of your Officers (copies attached – white paper). 3. To consider any business which is urgent within the meaning of Section 100B(4) of the Local Government Act 1972. Yours faithfully P W CLISBY Head of Central Services Officers will be in attendance prior to the meeting for informal discussions on agenda items. NEWCASTLE-UNDER-LYME BOROUGH COUNCIL REPORT OF THE EXECUTIVE MANAGEMENT TEAM TO THE LICENSING COMMITTEE 12 February 2009 1. LICENSING ACT 2003 – STATEMENT OF LICENSING POLICY Purpose For Members to consider whether the Special Saturation Policy that was agreed at the meeting held on 21 August 2008 is still needed. Recommendations (a) That subject to the evidence provided, the Special Saturation Policy remain on its existing boundaries as detailed in the Licensing Policy for the next 12 months. (b) That the remit of the Licensing Liaison Group be expanded to allow consideration of the Licensing and Gambling Polices. 1. Background 1.1 At the meeting of the Licensing Committee held on 22 August 2007, Members approved the draft Statement of Licensing Policy for consultation between the beginning of September and the 12 October 2007. During that period a consultation exercise was carried out with the statutory consultees, the Police, the Fire Authority and national organisations representing the licensing trade and also organisations representing local businesses and residents. The Licensing Policy included a Special Saturation Policy covering the area shown on the plan attached to the Policy. 1.2 The Guidance at 13.31 states that once adopted special policies should be reviewed regularly to assess whether they are still needed or need expanding. 1.3 In this respect, the Guidance at 13.28 provides that the steps to be followed in considering whether to adopt a special policy within the statement of licensing policy are: (1) To identify concern about crime and disorder or public nuisance. (2) To consider whether there is good evidence that crime and disorder or public nuisance are happening and are caused by customers of licensed premises or that the risk of cumulative impact is imminent. (3) To identify the boundaries of the area where problems are occurring. (4) To consult and, subject to the outcome of the consultation, amend the policy. 2. Issues 2.1 At the meeting held on 12 November 2007, it was resolved that: (1) On the basis that the Police had decided that there was still a need for a cumulative impact policy and in accordance with the guidance and best practice, that the Special Saturation Policy adopted by the Licensing Authority be reviewed 1 every 12 months and that the police be requested to supply the Licensing Authority with the following documentation and statistics: • Street by street alcohol related crime figures to cover relevant crime types (to be specified by the Licensing Authority). • Figures to cover the previous 12 month period for the purposes of comparison. • An indication that the police feel that the Cumulative Impact Area is still relevant and is successfully promoting the licensing objectives. (2) That in accordance with the guidance, a Licensing Liaison Group be established with representatives from responsible authorities, interested parties and Community Safety. The aim of this Group would be to monitor developments and the success of the Special Policy. This Group would sit every six months and report back to the Licensing Committee. 2.2 The Group would initially comprise of representatives from the following: The Police The Fire Authority Holders of Premises Licences Holders of club premises licenses Holder of personal licences The Ambulance Services The PCT The Chamber of Trade The Civic Society CCTV Monitors Environmental Health Officers Town Councillors 2.3 On 20 January 2009, the Licensing Liaison Group met in order to collect evidence from its Members as to whether in their opinion the Special Saturation Policy was still required. The Members were in agreement that the Policy remains on its existing boundaries. The minutes from the meeting are attached at Appendix ‘A’ (pink paper). 2.4 Representatives from Staffordshire Police will be in attendance at the meeting to support the recommendations proposed by the Licensing liaison Group and will provide the requested evidence in support of retaining the Special Policy. 2.5 In relation to the Licensing Liaison Group it is proposed that in view of its success and in accordance with the guidance at 1.22 which states: “that local residents and community groups in particular have a vital role to play in promoting the licensing objectives in partnership with public bodies” and suggests that Licensing Liaison Groups bring together all the interested parties on a regular basis to monitor developments and consider possible solutions to any problems that may arise; that the role of the Group be expanded to consider development in connection with both the Licensing and Gambling policies and report back to the Licensing Committee with any necessary recommendations. 3. Outcomes Linked to Corporate Priorities • The Licensing Policy is a key component in the delivery of Council Services especially in relation to its four licensing objectives. 2 • The prevention of crime and disorder. • Public safety. • The prevention of public nuisance. • The protection of children from harm. 4. Legal and Statutory Implications 4.1 The Guidance at 15.31 states that once adopted, special policies should be reviewed regularly to assess whether they are still needed or need expanding. 5. Equality Impact Assessment 5.1 No differential impact has been identified. 6. Financial and Resource Implications 6.1 There are no financial resource implications associated with these recommendations. 7. Major Risks 7.1 No major risks have been identified in relation to these recommendations. 8. List of Appendices Appendix ‘A’ (pink paper): Minutes from the Licensing Liaison Group meeting held on 20 January 2009 2. LICENSING SUB-COMMITTEE – 2008/2009 Purpose To update Members of the Licensing hearings held between 21 January 2008 to 16 January 2009. Recommendation That the report be received. 1. List of Appendices Appendix ‘B’ (blue paper): Details of the Licensing hearings held from 21 January 2008 to 16 January 2009. 3 APPENDIX ‘A’ (Pink Paper) LICENSING LIAISON GROUP MEETING 20 January 2009 Present:- Councillor Maskery in the Chair Doug Morris - Chamber of Trade Pat Brown - Central Services Julia Cleary - Central Services Trevor Smith - Community Safety Nigel Gardner - Environmental Health Adam Snow - Environmental Health Keith Lawton - Environmental Health Paul Washington - Legal Services Rebecca Cooper - Legal Services J T Worgan - Newcastle Civic Society Steve Thirsk - Staffordshire Police Neil Hulme - Staffordshire Police Steve Eden - Newcastle-under-Lyme Private Hire Association Teresa Jones - Newcastle-under-Lyme Private Hire Association Fiona Peel - Staffordshire Police Lisa Roberts - Staffordshire Police Daniel Maddox - Pubwatch Kelvin Chell - Staffordshire Fire and Rescue Graham Williams - Street Scene Adrienne Mainwaring - Trading Standards 1. MINUTES OF THE MEETING HELD ON 24 JUNE 2008 The minutes were agreed. The Chair drew the Groups attention to the item on the minutes relating to taxis and the problems caused due to the lack of a central pick up point. The Chair suggested that the bus station could be used as a possible pick up point and stated that this would be discussed in greater detail later in the meeting. 2. CUMULATIVE IMPACT POLICY Mr Washington outlined the current remit of the Group as had been agreed at the previous meeting. At present the Group were charged solely with examining the necessity for having and maintaining a cumulative impact policy and whether the area covered by the policy needed to be expanded or decreased in any way. Mr Washington stated that the steps to be followed when making such decisions were: • The identification of any concerns relating to crime and disorder or public nuisance. 1 • The consideration as to whether there was good evidence that crime and disorder or public nuisance was occurring and being caused by customers of licensed premises, or that the risk of cumulative impact was imminent. • The identification of boundaries where problems were occurring. • The amendment of the policy based on the outcome of consultations with interested parties and responsible bodies. The first three steps could be discussed by the group in relation to the subsequent reports on the agenda but the final step and consequent decision had to be taken by the Licensing Committee upon receipt of evidence submitted to it which would include any feedback from the Licensing Liaison Group. The Group discussed the current situation relating to the Cumulative impact Policy. Evidence was submitted by representatives of Staffordshire Police to show that crime in general appeared to have risen throughout Newcastle as a whole. Unfortunately however information was not yet available to show how the incidents related to the area covered by the Cumulative Impact Policy and its impact could therefore not be evaluated. Further detailed information would however be available for inspection by the licensing Committee on 12 February. It was considered that, due to the impact of multi agency working within the Town Centre at peak times, crime and disorder related incidents had fallen. This had however led to a possible increase in incidents at non peak times such as Tuesday and Thursday evenings. It was noted that the current recession impacted on alcohol related incidents as the price of drinks decreased and drink promotions increased. Concerns were also expressed with regards to levels of crime and disorder and public nuisance on Saturday afternoons in the Town Centre following the broadcasting of live football games in licensed premises.