Issue - meetings

Licensing Act 2003 Update

Meeting: 24/09/2012 - Licensing Committee (Item 6)

6 Licensing Act 2003 Update pdf icon PDF 31 KB

Decision:

(a)       That the changes to the Licensing Act as outlined within the report be noted; and

 

(b)       That the Community Protection Manager be nominated as the officer authorised to act as a Responsible Authority when necessary.

 

Minutes:

The Community Protection Manager introduced a report to inform Members of the recent changes to the Licensing Act 2003 as amended by the Police Reform and Social Responsibility Act 2011.

 

            In 2010, the Home Office launched a public consultation entitled ‘Rebalancing the Licensing Act’.  The Bill had been subject to amendments and received Royal Assent and became law on 15 September, 2011.  The timetable for commencement had been divided into two stages.  The first came into effect in April 2012 and the later changes were due to take effect in October, 2012 as detailed within the report.

 

             The Chairman welcomed that residents, businesses or associations would now be able to make representations on applications even if they did not live or work in the ‘vicinity’ as this had been a concern for residents for a number of years. 

 

            Following discussion, the Community Protection Manager reported that the introduction of a Late Night Levy (LNL) would enable Licensing Authorities to introduce a charge for all premises in the Local Authority area which were authorised to sell alcohol between midnight and 6am.  Home Office Guidance on this matter was being awaited and this topic would need separate consideration in due course. 

 

          It was noted that the Licensing Authority itself was now also a Responsible Authority as defined within the Licensing Act 2003. There was a potential conflict of interest if Licensing Officers were to act in both roles at once and it was therefore proposed that only the Community Protection Manager should act in the role of Responsible Authority.

 

RESOLVED:

 

(a)       That the changes to the Licensing Act as outlined within the report be noted; and

 

(b)       That the Community Protection Manager be nominated as the officer authorised to act as a Responsible Authority when necessary.