Agenda item - Statement of Licensing Policy

Extract from the proceedings of the Licensing Committee (Licensing Act 2003 Functions) meeting held on the 3rd March 2016, together with a report of the Director of Public Health (copies attached).

106.1.     Councillor Marsh moved the report which recommended adopt the revised Statement of Licensing Policy.

106.2.     Councillor Cobb moved an amendment which reinstated the original version of the matrix that had been recommended to the Licensing Committee; namely that it should read ‘Yes (11.30pm)’ under the column ‘Cumulative Impact Area’ for café bars. The policy had been widely consulted upon and this was reflected in the report. The report had been amended at the Licensing Committee and the reasons related to the impact on businesses in the North Laine area of the city; however, the cumulative impact zone was much larger than this area and the decision could be open to legal challenge as it did not align with majority view expressed during the consultation. Furthermore the Statement of Licensing Policy would be reviewed in 12 months when any feedback from this change could be considered.

106.3.     Councillor Simson formally seconded the amendment. She added that whilst she did not necessarily agree all the changes proposed in the report she accepted where these were being made on the basis of consultation feedback. It also noted that when applications were considered by Licensing Panels these were each on their own merits.

106.4.     Councillor Wealls noted the potential impact in his Ward as the policy would no longer distinguish mixed commercial and residential areas; however, he was willing to support the changes on the basis that they would be reviewed after 12 months.

106.5.     Councillor West stated that the amendment had been supported by the majority of Members at the Licensing Committee, and he was of the view that the report should be agreed as recommended by the Licensing Committee. Café bars were neither pubs nor restaurants where alcohol did not need to be served to a table or consumed with food. The risk was that all cafes could apply for licences that would essentially allow them to become vertical drinking establishments which would be in contrary to the aims of the cumulative impact zone. He urged Members to vote against the amendment proposed by Councillor Cobb.

106.6.     Councillor Sykes stated that he did not support the proposed amendment as it would increase the number of licensed premises in the city centre.

106.7.     Councillor Horan welcomed the amendment, and added that including café bars in the matrix in their own right would give greater strength to the weight of the policy, and the local authority should not be seeking to restrict or inhibit the creation of new businesses. Whilst she recognised the concerns of residents, it was noted that the changes would be reviewed after 12 months.

106.8.     Councillor Marsh responded to the debate and thanked those that had taken part for their input. She went on to add that each application would still be considered on a case by case basis, where the policy would serve as guidance; as such the amendment would be accepted, and she added that the policy reflected the need to balance the regulatory function against the needs of the late night economy.

106.9.     The Mayor noted that the amendment had been moved and seconded and put it to the vote. She noted that the amendment had been carried by 42 vote to 8 as detailed below:

106.10.  The Mayor then put the amended recommendation to the vote, this was carried by 42 votes to 8, as detailed below:

106.11.  RESOLVED – That Council adopt the revised Statement of Licensing Policy.