Agenda item - Annual report work of the Licensing Authority

Report of the Director of Public Health (copy attached)

27.1    The Committee considered a report of the Director of Public Health setting out the licensing and gambling functions for Brighton & Hove Council carried out during 2015.

27.2    The Public Health Licensing Lead, Jim Whitelegg highlighted the key areas of work undertaken including work carried out in relation to processing of applications and reviews (there had been five), Gambling Act 2005, Street Drinking/Sensible on Strength, Under Age Drinking the Statement of Licensing Policy (also the subject of a separate report appearing elsewhere on the agenda), Street Trading, Taxi Matters and other issues germane to the licensing regime, including details and the potential impact of any changes proposed at national level.

27.3    It was noted that there had been a number of challenging reviews during 2015 and that these were set out in detail in the report. Since its inception in November 2013, the “Sensible on Strength” scheme had continued as an on-going scheme which was subject to regular reviews. There were currently 131 members plus 23 stores (chains) who had agreed not to sell cheap super strength beers and ciders. Work had also been carried out in concert with both universities during 2015 to seek to ensure that Freshers are promoted as social events where students could meet people (not to encourage irresponsible drinking). Sussex University now had a programme of non-alcohol events including a Brightonian Day tour of landmarks and quirky cafes. As well as the universities the Licensing team had worked with other Events/Promotional Companies to ensure that events within the City such as Bar Crawls have safety measures in place including: Stewarding, On Site Medics, Water Angels, Promoting the Four Licensing Objectives and making evenings “sociable” rather than “Alcohol fuelled”. Officers had contacted the Home Office in January 2016 to see if their accreditation scheme could be rolled out to all universities and discuss different initiatives that have been achieved with Brighton and Sussex University.

27.4    In answer to questions by Councillor C Theobald it was confirmed that Uber had yet to commence operation in the city. They had agreed to a number of conditions and to comply with the conditions set out in the “Blue Book”.

27.5    Councillor Simson commended the work which had been achieved during the year but sought clarification regarding information presented in some of the tables as this did not appear to tally in the manner she had expected. Councillor Wares concurred in that view requesting that this issue be addressed in future reports. Councillor Wares was also in agreement that future reports should be submitted separately to each of their constituent committees rather than being presented as a composite report to the Licensing Act Committee.

27.6    Councillor Moonan stated that in some instances it was difficult to ascertain what the headline trends were/whether there were any across the city as a whole in relation to different types of licensable activity. When Members sat on licensing Panels it gave them a “snapshot” of the different types of activity, however, as the majority of licensing activity did not come before panels for decision it was helpful to receive an overall view in order to enable comparisons to be made. It was explained that as well as giving a general overview the report was intended to draw out those areas which had been identified as giving rise to specific problems and the focus that had been given to them.

27.7    Councillor O’Quinn referred to the incidence of sexual exploitation which had been identified, particularly associated with the late night economy. There appeared to have been a rise in the number of assaults and she requested whether there was data available regarding the measures put in place by the police to address this. It was confirmed that this information was not currently available. Councillor Wares considered that the terminology used in relation to this matter could be regarded as ambiguous and thought should be given to rewording that. Inspector Woolford who was in attendance on behalf of the Police responded regarding the on-going work of the Police in seeking to address this issue, including the Beach Buggy and city centre presence at weekends.

27.8    Councillor Cobb referred to the number of licensing applications, made, particularly those for Temporary Event Notices (TEN’S), the figures overall appeared constant. Councillor Horan stated that overall robust measures appeared to be in place and this appeared to be well managed.Councillor Page concurred stating that overall a light touch approach appeared to be working well.

27.9    Councillor West referred to the over-ranking and bad behaviour by some taxi drivers, in some instances this gave rise to potentially serious public safety issues, issues in relation to over-ranking also occurred at Brighton station and at various “unofficial” ranks across the city, he sought information about measures available to address this. It was explained that the situation was monitored and proportionate action taken, also, that regular meetings took place with representatives of the trade via the Taxi Forum. It should be noted however that a number of the issues which arose fell outside the licensing regime. Councillor Deane stated that she had attended Taxi Forum meetings, whilst Chair of the Committee and whilst acknowledging that these meetings were valuable, these problems needed to be resolved.

27.10  Councillor Wares was in agreement that the concerns expressed by Councillor West required further investigation. As part of that a further review of where ranks were located and the times at which they were busiest was needed, consensus with the trade was needed and it might be possible for some spaces/ranks to be relocated/removed.

27.11  Councillor Simson stated that she considered it very important that decisions made by Panels often following lengthy and difficult deliberations were supported by the Council. It was acknowledged that each application must be determined on its individual merits.

27.12  Councillor Deane stated that the report provided a detail about the broad spectrum activities carried out, some of which were very challenging, it was important to acknowledge that.

27.13  It was considered that it would be beneficial if Members could receive the additional details requested for future annual reports, for example, geographical spread and details of the different types of operation and premises.

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

            (2) That officers continue to monitor trends of applications and illegal activity to inform future policy and provide additional figures/information in the terms indicated in paragraph 27.13 above for future annual reports.