Agenda item

To receive and consider the Review of Statement of Licensing Policy report.

Keiran Hinchcliffe presented the Review of Statement of Licensing Policy report which was set out in agenda pages 35- 40.

The policy had five main purposes, as stated in the report contained in the agenda.  The Council was required to consult publicly and publish a Statement of Licensing Policy every five years.

The revised Statement of Licensing Policy had been drafted following a review of current best practices available.  Innovations included:

·           Women’s safety in the night time economy, referencing Ask for Angela campaign;

·           Pre-application advice;

·           An appendix with examples of model conditions.

Ed Shaylor explained that it would be desirable to start the consultation on this policy soon after the conclusion of the taxi policy consultation.  He pointed out the possible timescales and asked Members to be mindful of the pre-election period which was due to start in March. 

Councillor Kerr asked the following questions about the consultation process:

·           How long it was going to run for?

·           Who would be consulted?

·           Which specific groups would be consulted?

Officers stated that there were statutory consultees, but the consultation could be widened to specific groups, a direction from Members was welcome.  The usual minimum of six weeks for a consultation would be used, but it could be more if deemed necessary.  The usual platforms would be used to advertise the consultation.

In response to a comment, Keiran Hinchcliffe confirmed that the Fire Authority was involved in the consultation. They had looked at capacities in nightclubs in the town centre, but mainly used their own legislation in relation to fire safety.

Councillor Soane wondered how effective the ask for Angela initiative was and asked if Councillor Kerr had ever used it.  She responded that she had not used it, but she believed it was a good campaign.  There was, in her opinion, more work that needed to be done in relation to women’s safety.

In response to a question, Ed Shaylor explained that the work to be undertaken to adopt the policy was cost neutral to the Council.

There was a debate about whether a picture of Henley was appropriate or if a picture from another part of the borough should be used.  It was explained that a picture of Henley had been used because the Henley Regatta and Henley Festival were, both, events that created a lot of activity for the Licensing Service.  There was no consensus on this.

With regards to the effectiveness of the Ask for Angela campaign, Officers explained that this was being reviewed by the Metro newspaper.  It was recognised that training was needed so that staff can help if necessary.

Councillor Smith observed that in recent years pub landlords were less likely to intervene to stop people from becoming too inebriated.  He also noted the increase in multiple drinks offers.  He asked if there was any guidance for landlords in the policy.

Officers explained that the Designated Premises Supervisor (DPS) had to be present or contactable during the opening hours of the premises.  The regulations in relation to premises licences had not changed.  With regards to multiple drinks offers, there was no legislation stopping them, as long as the licence conditions were being met.

Councillor Smith was surprised that there was no mention of Covid in the Public Safety section 8 of the policy.  Keiren Hinchcliffe agreed to consult about this in Safety Advisory Groups.  However, Public Health was not a licensing objective.

Ed Shaylor pointed out that the policy would last for five years and advised against including topical issues in the policy which could go out of date.

Neil Allen, Legal Advisor to the Committee advised that Licensing Act could not extend to other areas already regulated by other laws.  During the Covid pandemic, specific legislation had been drawn to deal with that situation at the time.  There were boundaries within the law.

In response to a question Ed Shaylor explained that a late night levy was not included because it would have to apply to the whole borough.  Late night levy was usually adopted by cities and was used to pay for extra policing.

Councillor Smith asked if there was a risk related to the pre-application advice service, for example if a licence was not granted following paid advice being given.  Keiran Hinchcliffe clarified that the policy was clear in saying that the advice given did not pre-judge the outcome of the application.

Neil Allen drew attention to the timescales - the policy had to be approved by Council prior to its implementation by 31 August.

RESOLVED That the Committee decides to initiate a public consultation about the revised Statement of Licensing Policy 2023/2028.