Agenda and minutes

In accordance with the Council's Code of Conduct, councillors are reminded that it is a requirement to declare interests where appropriate.

The following disclosures of interests were made:

To approve as a correct record the minutes of the Licensing Committee held on 19 October 2023.

The minutes of the meeting of the Licensing Committee held on 19 October 2023 were approved as a correct record and signed by the Chair.

To approve as a correct record the minutes of the meeting of the Licensing Sub-Committee held on 4 October 2023 in relation to the application for the review of the premises licence at Dosa Plazza Restaurant, 8 The Boulevard, Crawley, RH10 1XX (chaired by Councillor Jaggard).

The minutes of the Licensing Sub-Committee held on 4 October 2023 – Application for the Review of the Premises Licence for Dosa Plazza Restaurant, 8 The Boulevard, Crawley, RH10 1XX (Three Bridges Ward) – were approved as a correct record and signed by Councillor Jaggard as Chair of the Sub-Committee panel.

To answer any questions asked by the public which relate to an item on this agenda and which are in line with the Council’s Constitution.

Public Question Time will be concluded by the Chair when all questions have been answered or on the expiry of a period of 15 minutes, whichever is the earlier.

There were no questions from members of the public.

To consider report HCS/070 of the Head of Community Services.

The Committee considered report HCS/070 of the Head of Community Services.  The Health, Safety and Licensing Team Leader presented the report, which summarised the draft Statement of Licensing Policy for 2024-2029.  The draft policy set out the Council’s updated decision-making framework in relation to the Licensing Act 2003, which had been made easier to understand and reflected recent legislative changes.  The Committee was requested to provide its views as a collective response to the consultation on the draft policy, and was informed that the comments made as part of the discussion on the item would form this response.

The Committee then discussed the matter.  It was highlighted that the draft policy was better-structured than the current policy, but changes to the order of the content had made it difficult to directly compare the two.  Further explanation was sought regarding the running of the consultation, to which the Licensing Team Leader responded that the Council had contacted all parties affected by the Policy and provided a link to an online feedback form, which included prompt questions in order to encourage responses.

Committee members discussed mentions of smoking and vaping in the Policy.  A query was raised as to why a clause regarding smoking controls at licensed premises had been removed from the new Policy.  It was explained that the clause was removed as the matter was already covered by the Health Act 2006 and guidance stated that duplications in the licensing regime should be avoided.

The Licensing Team Leader and Public Protection and Enforcement Manager also provided the following clarifications in response to queries from Committee members:

·       In response to a query about special cumulative impact policies, it was explained this could be included within a local authority’s statement of licensing policy in order to allow a council to reject a new licence application, where there exists a saturation of that type of premises in the specific area to the extent that there may be a negative impact on any of the licensing objectives.  No areas of saturation in Crawley were currently identified.

·       The draft policy would apply to licensed outdoor events in certain scenarios.  In these cases the Council would seek to advise event organisers on their responsibilities.

·       The introduction of legislation known as ‘Martyn’s Law’ was expected in the new parliamentary year and would require local authorities to take steps to improve safety and security at licensed premises.  Significant changes were expected and briefings would be provided to licence holders and councillors.

The Committee then moved to a vote on the item.

RESOLVED

That the Committee:

2.1       Provides feedback as to the form and content of the draft Statement of Licensing Policy for 2024–2029.

2.2       Agrees that, at the end of the consultation period, the matter returns to the Licensing Committee for further consideration prior to consideration by the Cabinet and Full Council with a view to adoption and publication on 1 March 2024.