Agenda item - House of Lords Select Committee - Review of the Licensing Act 2003

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Agenda item

House of Lords Select Committee - Review of the Licensing Act 2003

Report of the Executive Director, Neighbourhoods, Communities and Housing (copy attached)

Minutes:

17.1    The Committee considered a report of the Executive Director of Neighbourhoods, Communities and Housing detailing current progress in relation to the workings of the House of Lords Select Committee review of the Licensing Act 2003.

 

17.2    It was noted that The Select Committee on the Licensing Act 2003 had been set up on 25 May 2016 with the task of conducting post-legislative scrutiny of the Act. Their report was published in April 2017, and had made a number of far reaching recommendations for the Government to consider. A summary of the report and a link to the full report had been circulated to members on the 6 April 2017, inviting officers and members to submit their comments to the Institute of Licensing who would be gathering views on the recommendations within the report and would report on their findings in due course.

 

17.3    A Government Response to the Select Committee report was expected within 2 months of the report being published but had only just been published (6 November). The Government had rejected the headline proposal to merge planning and licensing and there would be limited legislative change. Notwithstanding that the Select Committee recommendations carried considerable weight that did not mean that the Government/ Departments had to accept them, or act on them (at all or within a specified period of time).There would however be a debate in the House about the Government's response, which would highlight any dissatisfaction that the Committee/Lord Chairman might have with the responses to particular recommendations.

 

17.4    Councillor Morris welcomed the proposals in respect of TEN’s and the Chair, Councillor O’Quinn concurred stating that as conditions could not be applied to a TEN as it stood that could be problematic.

 

17.5    Councillor Simson stated that she wished to highlight the fact that information should be published where cases were settled out of court. It could be extremely frustrating when Panel’s had engaged in lengthy consideration of an application and she wished to receive clarification regarding the ability of the council to do this and how such a process could be effectively managed. The Legal Adviser to the Committee, Rebecca Sidell, explained whilst this approach had initially been supported by Government it now appeared unlikely that this would be carried forward. The Public Health, Licensing Lead, Jim Whitelegg, stated that generally as good practice, over and above the Decision Notice, parties were generally advised of the reasons when cases were settled out of court although this was not always the case.

 

17.6    In answer to questions relating to the Late Night Levy it was explained (although confirmation of this was still awaited), that this concept had been revisited and it seemed likely that this could be applied to a target area rather than applying to a whole district. This would provide a more finely honed response, although it would reduce the potential revenue streams available. Officers were watching this matter closely and would report further when the position became clear. It was also intended that officers of the Public Health Team would provide a presentation at the next scheduled meeting of the Committee detailing their work and updating on current legislation in relation to it.

 

17.7    RESOLVED – That the Committee receives and notes the contents of the report, and that officers will report back when legislative and guidance changes have been finalised.

Supporting documents:

 


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