Agenda item - Work of the Licensing Authority 2011/13

Report of Head of Planning and Public Protection (copy attached)

23.1         The Committee considered a report of the Head of Planning and Public Protection which set out the licensing functions carried out between 1 April 2011 and 31 January 2013.

23.2    The number of premises in Brighton & Hove during 2011/12 (latest figures reported to Home Office) was 1507 made up of 1460 premises licences and 47 club premises certificates. Included in that figure are 58 applications for new licences with 53 applications for new licences being granted (5 refused).

23.3    In 2011/12 the Council had received 36 applications for variations to premises licences, 32 of which were granted. 58 premises went to panel hearings.  41 minor variations were received during this period; 38 of which were granted. 10 reviews were carried out of premises licences.

23.4    Between 1 April 2012 and 31 January 2013, 34 applications for new licences had been received with 24 new licences being granted. 22 applications for variations to premises licences were received of which 12 were granted.  45 premises went to panel hearings. 69 minor variations were received during this period; 50 were granted. Two reviews of premises licences had taken place.

23.5    2011/12 had seen 946 Temporary Event Notices (TENs) being processed 51 of which were withdrawn and 381 personal licences issued during that time; 3 personal licence applications went to a hearing.  The number of TENs and personal licences issued from 01.04.12 to 31.12.12 are 768 and 241.

23.6    Councillor Simson welcomed the report stating that this level of detail it contained was both helpful and very informative. The number of reviews undertaken had decreased and hopefully this was an indication that operators were aware of the diligent approach taken when their premises fell short of the standards expected of them. The fact that very few appeals had been lodged was also indicative of the hard work put in by Panel Members to ensure that they made reasoned and robust decisions. It was clear there was consistency in the decision making process and that Panel Members took their duties very seriously.

23.7    Councillor Simson also enquired regarding the apparent increase in the number of TENs applied for, especially over recent months. The Licensing and Health Manager explained that there could be a number of reasons for this but, often this was a consequence of premises wishing to hold more than the permitted number of events within any given year.

23.8    Councillor Marsh echoed Councillor Simson’s comments, in her view the report gave “the bigger picture” and indicated that the Licensing Authority and Panel’s were standing firm on their agreed policies and that they had been successful in doing so. It was also pleasing to note the proactive working that was going on e.g., the “Marwood’s” application had been resolved with the consent of all parties.

23.9    Councillor C Theobald sought clarification of the wording “with costs to the Council” which appeared in relation to 5 of the appeals set out in Appendix 2 to the report. The Legal Adviser to the Committee explained that this meant that the Council had been awarded its costs, rather than that costs had been awarded against it.

2310   Councillor Hawtree stated that recent items appearing in the media seemed to indicate that Central Government was back tracking in relation to its alcohol pricing policy, enquiring regarding any impact this was having locally. It was explained the conditions placed on premises licences in respect of “offers” and how alcohol was displayed were rigorous.

23.11  Councillor Gilbey referred to a recent letter which had appeared in the “Argus” which had been misleading in that it had indicated that no licences had been revoked during the year. The Head of Regulatory Services, Environment and Licensing referred to several cases which had involved the sale of counterfeit alcohol and or the sale of alcohol on which the appropriate level of duty had not been paid and on which investigations remained on-going.

23.12 – RESOLVED - (1) That the Committee notes the contents of the report; and

(2) That Members consider the significant rise in temporary event notices as a matter for future policy consideration.