MIDDLESBROUGH COUNCIL

EXECUTIVE REPORT

Review of Draft Licensing Act 2003 Policy Statement for 2011/14

Executive Member for Community Protection: Julia Rostron

Director of Environment: Mike Robinson

20 July 2010

PURPOSE OF THE REPORT

  1. To consider the proposed changes to the Licensing Act 2003 Policy Statement and the consultation arrangements.
SUMMARY OF RECOMMENDATIONS
  1. That approval is granted to consult on the attached draft Licensing Policy Statement.

IF THIS IS A KEY DECISION WHICH KEY DECISION TEST APPLIES?

It is over the financial threshold (£75,000)
It has a significant impact on 2 or more wards / X
Non Key

DECISION IMPLEMENTATION DEADLINE

  1. For the purposes of the scrutiny call in procedure this report is

Non-urgent / X
Urgent report

If urgent please give full reasons

BACKGROUND AND EXTERNAL CONSULTATION
  1. The Licensing Act 2003 came into force on 24 November 2005. It established a single integrated scheme for the supply of alcohol, the provision of regulated entertainment and late night refreshment. Permission to carry on some or all of these functions is contained in a “premises licence” and “personal licences” are required relating to the supply of alcohol. As part of the application process, applicants are required to submit an operating schedule to the Licensing Authority addressing the four licensing objectives of:
  • The prevention of crime and disorder
  • Public safety
  • The prevention of public nuisance
  • The protection of children from harm.
  1. The Licensing Act 2003 requires the Licensing Authority to determine its policy in relation to exercising licensing functions and to publish a Licensing Policy Statement. The first Licensing Policy Statement for Middlesbrough was published in January 2005. The Act requires the Licensing Authority to review its policy every three years. The draft policy is required to be reviewed, consulted on, and approved by full Council by 7January2011.
  1. The structure and type of licensed premises in Middlesbrough (June 2010) is shown in the table below:

Type of Licensed Premises / Number of Premises(June 2010)
Church hall / 8
Club / 36
Community Centre / 13
Educational Establishment / 7
Hotel / Guest House / 8
Off Licences / 125
Open Spaces / 2
Other / 17
Public House / Nightclub / 108
Restaurant / 41
Takeaway / 98
Total / 463
  1. From January 2008 to June 2010, the Licensing Authority has carried out 545 inspections of licensed premises to check compliance with the Licensing Act. In general, officers have found high levels of compliance with premises licence conditions, with only minor issues of non compliance.
  1. Since January 2008, the following action has been undertaken in respect of licensed premises:
  • 7 review applications referred to the Licensing Committee resulting in 3 licence revocations and additional conditions being added to the remaining 4 licences.
  • 37 applications for premises licences have been referred to the Licensing Committee of which 11 were refused.
  • 18 prosecutions have been undertaken for offences including breach of licence conditions, underage sales, selling alcohol after hours and trading without a licence.
  1. The Licensing Act regime, in particular the review process, has provided an effective means to deal with problem licensed premises in Middlesbrough. Reviews can be instigated by a Responsible Authority (Police, Trading Standards, Environmental Health, Health and Safety, Planning and the Fire Authority) when concerns are raised in relation to the premises upholding the licensing objectives. Licensing Sub-Committees have imposed a range of highly effective conditions specific to the issues in question, whilst also setting a standard for other licensed premises. In particular conditions have been imposed in relation to:
  • Prohibiting the sale of perry in premises to tackle issues of underage consumption of alcohol.
  • Requiring proof of age schemes
  • Staff training in relation to underage sales
  • Digital CCTV.
  • Requiring attendance at PubWatch and local Licensing Forums
  • Earlier closing hours.
  • Strict controls in relation to alcohol delivery services.
  1. In developing the Licensing Policy, consideration has been given to other strategies, which may impact on the licensing activities. In particular, the Alcohol Strategy for Middlesbrough, which is currently in the process of being reviewed, and the Town Centre Strategy in relation to the night-time economy, have been considered.
  1. In the development of the Alcohol Strategy, an alcohol needs assessment for Middlesbrough was carried out to identify the action required to be undertaken in Middlesbrough to reduce the harm caused by alcohol. In summary, the alcohol needs assessment has identified the following:
  • On every indicator in relation to alcohol related illness, Middlesbrough is well above average and for many is the highest in the country.
  • In Middlesbrough, for the three groups of crimes, which are closely associated with alcohol: criminal damage, violence and sexual offences, the incidence of these crimes is well above the national average.
  • Local Probation service assessments show that alcohol was a contributory factor in offending for 74% of those who committed criminal damage, 63% of violent offenders and 23% of burglary offenders.
  • Middlesbrough has one of the highest levels of alcohol related problems among under 19s in the country. The rate of alcohol-specific hospital admission for under 18s is the 11th highest of the 327 authorities in England. Teenage pregnancy rates, fire-setting and criminal damage are all high locally and are all associated with alcohol consumption.
  1. The work carried out under the Licensing Act is integral to the Alcohol Strategy’s aims in tackling alcohol related crime and disorder. However, maintaining public health is not an objective of the Licensing Act in England – it is the 5th licensing objective in Scotland’s legislation. A key element of the Alcohol Strategy, in line with Middlesbrough Town Centre Strategy is to diversify the evening economy in order to retain the economic benefits but reduce the negative impact of consuming alcohol.
  1. In developing this Licensing Policy, the Council proposes to deliver policies that support and complement the aims of the Town Centre Strategy and the Alcohol Strategy, particularly around the promotion of the licensing objectives, widening the choice and appeal of licensed premises, the development of culture and the protection of local residents. It aims to give priority to the development of the range of entertainment and cultural activity on offer, and the age group associated with them, whilst also considering the health impact of alcohol. It aims to discourage drunkenness, to encourage the provision of more seating in premises which serve alcohol for people to sit and enjoy a drink and order food by table service, in place of open bar space which caters for high volume vertical drinking establishments, as referred to in the revised Guidance to the Licensing Act.
  1. The Licensing Policy recognises the huge role of licensed premises e.g., pubs/bars, restaurants, cinemas and theatres in Middlesbrough’s evening economy. For these businesses to prosper the Licensing Policy aims to create an environment which is attractive to all customers. Customers may be deterred from coming into the town centre if crimes, disorder and nuisance are not effectively dealt with. This policy aims to encourage the development and growth of well managed premises. The priority is to focus on the poorly managed premises to address the negative impact on the licensing objectives.
  1. The proposed draft Policy is attached at Appendix 1. Within the remit of the Licensing Act, the following are the main proposed changes to the existing Policy:

Special Policy in relation to the Cumulative Impact of Licensed Premises.

  1. It is proposed to adopt a Special Policy in relation to a specified area of the town centre where the number of licensed premises concentrated in this area is likely to have an impact of the promotion of the licensing objectives of crime and disorder and public safety. It is proposed that in this area applications for the following licences that are likely to add to the existing cumulative impact will normally be refused, if relevant representations are made:
  • new premises licences or club premises certificates,
  • material variations to existing premises,
  • applications for new premises seeking to provide a licence for hot food between 11pm and 5am where the food is purchased to takeaway from the premises, and variations to the operating hours of these premises.
  1. Whilst the Guidance to the Licensing Act 2003, states that such special policies will usually only apply to the concentration of licensed premises selling alcohol for consumption on the premises, it is proposed to depart from this Guidance, as the evidence in Middlesbrough shows that the incidence of crime and disorder is centred around late night hot food takeaways, as well as on licence premises.

Minimum Unit Pricing of Alcohol.

  1. It is proposed that a policy which will require all licensed premises to apply a minimum unit price of 50p alcohol to alcohol sold under their premises licence be considered.
  1. One purpose of this policy is to reduce the level of alcohol related crime and disorder in the town. There are local and national concerns about the potential for drunkenness and disorder caused by discounting the cost of alcoholic drinks, which may encourage people to consume excessive quantities of alcohol. The legislation changed in April 2010 to impose mandatory conditions on premises licences for the sale of alcohol are aimed at addressing the issues of irresponsible drinks promotions. However the Council is aware of the impact of the availability of cheap alcohol sold through off and on licence premises, particularly products aimed at binge drinking, problem and underage drinking.
  2. The National Institute for Clinical Excellence recommended in June 2010 that the Government support the introduction of a minimum unit per unit of alcohol. It is considered that it will have greatest effect on strong, cheap alcohol, which is traditionally consumed by younger and heavier drinkers. It may deter pre-loading (consuming alcohol at home with the intention of becoming drunk before a night out) and will reduce anti-social behaviour and improve health. Moreover it will also help to protect the on-licensed trade from the effects of sales of cheap alcohol by the off-trade.
  1. The introduction of a minimum unit price would have no effect on the average price of a “pint in your local.” Research carried out by the University of Sheffield shows that a minimum unit price of 50p would cut consumption and consequentially deaths, crimes and hospital admissions and reduce the economic burden. In 2009, Sir Liam Donaldson, Chief Medical Officer proposed that a minimum price of 50p per unit of alcohol should be introduced to reduce consumption. He said that substantial national effects would be seen immediately from this policy alone, including 3,393 fewer deaths each year, 97,900 fewer hospital admissions and 45,800 fewer crimes.

Alcohol Delivery Services

  1. It is proposed to refuse applications for alcohol delivery services, which do not demonstrate that their operation will not negatively impact on the licensing objectives, particularly in relation to crime and disorder and protection of children from harm.
  1. In Middlesbrough, applications for alcohol delivery services have been controlled by tight conditions imposed through the Licensing Committee process to ensure that such businesses operate in a responsible manner. There are 3 alcohol delivery services operating in Middlesbrough. It is considered that such premises are high risk in terms of underage sales and the incidence of alcohol related crime and disorder. The sales of alcohol through these premises is primarily made at times when normal alcohol retail premises are not open e.g., late at night, and is primarily to fuel binge drinking and excessive alcohol consumption.

Off Licences

  1. It is proposed to apply a wider range of conditions in relation to off licence premises. In particular it is proposed that consideration should be given to the following additional areas in any new applications:
  • Staff training, particularly in relation to refusal of sales, and to identify and prevent proxy sales (where alcohol is purchased by an over 18 year old for an underage drinker) Refresher training should also be provided
  • Consideration of point of sale information and posters advertising the illegality of purchasing alcohol on behalf of persons under 18 years of age
  • Responsible displaying of alcohol which does not include the following:
  1. Before determining its policy for any three year period the Licensing Authority must consult with persons listed in section 5 (3) of the Act, namely: Police, Fire Authority and persons/bodies representing licensed businesses, personal licence holders, businesses and residents in its area, and with any other person or bodies the Licensing Authority considers to be appropriate.
  1. It is proposed that a 12 week period of consultation will be undertaken with these bodies during the period July to October, which is in line with the Cabinet Office Code of Practice. However a shorter consultation period can be undertaken if necessary, proportionate to the changes being proposed.

EQUALITY IMPACT ASSESSMENT

  1. This procedure has been assessed in terms of its impact on minority groups and no negative impact has been identified.

OPTION APPRAISAL/RISK ASSESSMENT

  1. The Licensing Act 2003 requires Licensing Authorities to review their Licensing Policy Statement every three years, and to assess whether it is necessary to publish a new policy. The proposed changes to Middlesbrough’s Licensing Policy Statement are sufficient to require republication. Therefore, a period of consultation with the statutory bodies detailed in paragraph 26 should be undertaken. The revised Policy must be in place by January 7th 2011 to ensure legal compliance and to allow for the Council to assess any applications and other processes under the Licensing Act 2003.
  1. Should the Authority choose not to review its Licensing Policy this would be a breach of statutory duty and is therefore not an option.

FINANCIAL, LEGAL AND WARD IMPLICATIONS

Financial

  1. There are no financial implications for the consultation and review of the Licensing Policy. The annual fee levels paid by licensed premises are set by the Secretary of State to provide for full cost recovery of all licensing functions including the preparation and publication of the Licensing Policy Statement.

Legal

  1. The Licensing Policy must be in place by January 7th 2011 to ensure legal compliance and to allow for the Council to assess applications and other processes under the Licensing Act 2003. The Licensing Policy must be ratified by full Council in order to be fully adopted by January 7th 2011.

Ward

  1. All wards are likely to be affected by the proposal as licensed establishments are widely dispersed throughout the town in both commercial and residential areas.
RECOMMENDATIONS
  1. That approval is granted to consult on the attached draft Licensing Policy Statement.
REASONS
  1. The review and publication of the Council’s Licensing Policy Statement by 7January 2011 is a statutory requirement. The policy is required to provide consistency and transparency for all applications and determinations under the Licensing Act 2003.
BACKGROUND PAPERS
  1. The following background papers were used in the preparation of this report:

Guidance issued under section 182 of the Licensing Act 2003.

AUTHOR: Judith Hedgley

TEL NO: 728215

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Address:

Website: