Agenda item - Licensing Enforcement Policy

Report of the Director of Environment (copy attached).

RESOLVED – That the committee adopts the Licensing Enforcement Policy (for copy see minute book).

6.1       The Committee considered a report from the Director of Environment on the Licensing Enforcement Policy (for copy see minute book).

6.2       The Head of Environmental Health and Licensing began by stating that this report followed a consultation period on the policy and was needed to ensure transparency, consistency and efficiency when dealing with licensing enforcement. The policy had been updated after DCMS guidance was issued last year, and the Licensing Panels were already using this guidance in their determinations of licence applications, variations and reviews.

            Responses to the consultation were listed in the report, and it was felt that the policy addressed and incorporated the recommendations put forward, and so the recommendation from Officers was for adoption of the policy.

6.3       Councillor West was concerned that the changes would have a significant impact on Officers’ time, and asked if the department had the capacity to implement this policy. The Head of Environmental Health and Licensing stated that budgets were always tight, but a restructure of the department had taken place last year and staff members were being reduced in some areas via natural wastage to enable an increase in other areas, such as the Noise Patrol Team. There was a risk based Licensing Enforcement Programme, which enabled the department to manage its programmed and non-programmed cases on a yearly basis and the Head of Environmental Health and Licensing was confident that the department were responding well to current demands.

6.4       Councillor Fryer noted that non-alcohol related problems were not addressed in the policy and stated that there was a particular instance in her ward of a premises trading late night refreshments beyond their permitted hours, but there seemed to be no enforcement action taking place. The Head of Environmental Health and Licensing noted the difference between non-compliant premises that were causing suffering to the community and non-compliant premises that were not causing suffering. The aim of the policy was to target resources at those premises causing suffering and where demonstrable harm was being created.

6.5       Councillor Watkins welcomed the risk based approach that was being taken to the workload for the department, and asked how compatible this programme was with other organisations that the department worked with. The Head of Environmental Health and Licensing stated that the department worked very well with other responsible authorities and many different aspects of licensing issues were discussed and dealt with regularly by all parties.

6.6       Councillor Marsh referred to the lead agency tables contained within the policy and noted that proxy sales of alcohol to children listed Sussex Police as the lead agency. She had been told in the past that this was monitored by Trading Standards and asked for guidance on this area. The Head of Environmental Health and Licensing stated that generally sales of alcohol to minors in off-licensed premises were dealt with by Trading Standards and in on-licensed premises by Sussex Police. He noted that whilst the tables were useful in identifying the agency primarily responsible for the issue, any responsible authority could take action where they felt it was appropriate. He added that Trading Standards generally conducted business support training and guidance after the review process to ensure compliance with the licensing objectives.

6.7       RESOLVED – That the committee adopts the Licensing Enforcement Policy (for copy see minute book).