Issue - meetings

Licensing Act 2003 Policy 2021-26

Meeting: 20/10/2020 - Executive (Item 38)

38 Licensing Act 2003 Burnley Borough Council Licensing Policy pdf icon PDF 97 KB

To consider the draft Licensing Act 2003 Policy.

The policy was considered by the Licensing Committee and the minute from that meeting is attached.

Additional documents:

Minutes:

In considering this matter the Chair said that the Executive was keen to work with the licensing team to bring both the daytime and night-time environments together.  

 

Purpose

 

To advise members of the requirement under The Licensing Act 2003 that the Licensing Authority (Burnley Borough Council) has to determine and publish its Licensing Policy at least every 5 years.

 

 

The Statement of Licensing Policy sets out the principles that the authority will apply when exercising its functions under the Licensing Act 2003. 

 

The existing policy was for the period from Jan 2016 to Jan 2021, so this needs to be revised and updated and agreed by the Full Council and published before 10th January 2021.

 

 

There is a requirement when considering updating the policy that it is sent out to relevant authorities for consultation.

 

A pre-consultation draft has already been circulated to key members and received  no responses. As the  next step the Licensing Committee agreed to send out the draft policy for formal consultation.  The consultation was sent to over 100 individuals / organisations with a final response date of Friday 11th September 2020.

 

The formal consultation has now ended, there were two formal responses and some

comments from others and this resulted in the draft Licensing Policy being amended slightly. The revised policy is attached (with highlighted changes) and now comes back before the committee.

 

Following this it will go to the full council in December 2020.

 

Reason for decision

 

To comply with the timescale to have a final policy agreed and published by January 2021.

 

Decision

 

That the draft Licensing Act 2003 Policy be recommended to Full Council for approval and

be implemented as soon as practicable.

 

 

 


Meeting: 19/10/2020 - Scrutiny Committee (Item 34)

34 Licensing Act 2003 Burnley Borough Council Licensing Policy pdf icon PDF 97 KB

To consider the draft Licensing Act 2003 Policy.

The policy was considered by the Licensing Committee and the minute from that meeting is attached.

Additional documents:

Minutes:

At this point Councillors Dale Ferrier and Andy Fewings left the meeting.

 

John Clucas, Licensing and Compliance Officer presented a report to the Committee which had previously been presented to the meeting of the Licensing Committee on 16th September 2020 and was also  to be presented to the meeting of the Executive on Tuesday, 20th October.

 

John advised that following a formal consultation period, the draft Licensing Act 2003 Statement of Licensing Policy, 7th January 2021 to 6th January 2026 had been amended to incorporate comments received and presented to the meeting of the Licensing Committee on 16th September, requesting that the Committee recommend the draft policy to Full Council for approval.

 

The Committee was advised that the Licensing Committee had approved the draft policy for recommendation of approval at a meeting of the Full Council.

 

John also advised that at the Licensing Committee meeting held on 16th September 2020,  that subject to clarification of legislation, it had been agreed to recommend that subject to approval at Full Council, the policy be implemented with immediate effect and not from 7th January 2021 as previously recommended.

 

Councillor Bea Foster expressed thanks to John Clucas for his hard work and involvement in the revision of the policy.

 

IT WAS AGREED

 

1.    That the Scrutiny Committee endorse approval of the Draft Licensing Act 2003 Statement of Licensing Policy 7th January 2021 to 6th January 2026; and

 

2.    Endorse the recommendation that the policy be implemented with immediate effect if approved at the meeting of the Full Council subject to clarification of legislation.

 

 

 

 


Meeting: 21/09/2020 - Scrutiny Committee (Item 16.)

16. Licensing Act 2003 Burnley Borough Council Licensing Policy pdf icon PDF 111 KB

To consider the draft Licensing Act 2003 Policy following the statutory consultation period.

Additional documents:


Meeting: 16/09/2020 - Licensing Committee (Item 9)

9 Licensing Act 2003 Policy 2021-26 pdf icon PDF 111 KB

To consider the draft Licensing Act 2003 Policy following the statutory consultation period.

Additional documents:

Minutes:

Consideration was given to Burnley Council`s revised Licensing Act 2003 Policy. 

 

It was a requirement of The Licensing Act 2003 that the Licensing Authority (Burnley Borough Council) has to determine and publish its Licensing Policy at least every five years and the existing policy needed to be updated before 10th January 2021.

 

The draft Policy, which had been previously considered by the Committee and key members, had been sent out for formal consultation to the relevant authorities.  The consultation period had now ended and the responses and comments received had resulted in the policy being slightly amended as shown highlighted in green text .

 

Councillor Lishman commented that the requirement for a new premises licence where there was more than a 50% increase in the licensable area was a welcome amendment.

 

Councillor Baker said that subject to Council approval on 30th September 2020 the new policy should be implemented immediately and not wait until January 2021.  Officers agreed to check legislation to ascertain if an earlier commencement date was possible and if so amend the recommendation to Council accordingly.

 

 

RESOLVED

 

That the draft Licensing Act 2003 Policy be recommended to Full Council for approval and be implemented as soon as practicable for a period of five years.