Agenda item

This report analyses the first years implementation of the Licensing Act 2003 i.e. 24^th November 2005–23^rd November 2006, and asks members to consider if an interim review of the licensing policy is necessary to help promote the licensing objectives set out in the Act.

Members considered a report that analysed the first year’s implementation of the Licensing Act 2003. Members were asked to consider if an interim review of the Licensing Policy was necessary to help promote the licensing objectives set out in the Act.

Officers stated that York had a good spread of opening hours and staggered closing times compared to other parts of the country. There had been a significant reduction in drink related violent disorder and criminal damage in the city which had not been reflected nationally. There had also been a reduction in litter within the Cumulative Impact Zone (CIZ) due to the litter picking conditions attached to premises licences.

Officers said that, unfortunately, there had been a significant increase in noise related incidents since the introduction of the Act. A questionnaire had been circulated to residents within the CIZ and other city centre streets asking for their feedback on the impact of the new licensing legislation.

Members raised concerns that there was a lack of awareness of the CIZ amongst members of the public and Officers admitted that there was a perception problem.

Members expressed views regarding how many people were being written to when a licensing application was submitted. The Officer said that they had cut back on the number of people they wrote to due to cost and the fact that it was not in the spirit of the Act. To combat this the Licensing Department had tried to go for ‘high publicity’.

Members raised concerns that noise and disturbance issues were being treated too lightly and that residents’ representations about these matters should be taken more seriously. Members queried whether the public were aware of their right to apply for a review of a premises licence and the Officer confirmed that when anyone made a complaint against a licensed premises then they were told of their right to apply for a review. 

Members expressed concern about their lack of powers to deal with general noise in the street or noise that was not specifically related to a certain premises. The Licensing Manager volunteered to write to the police regarding issues of general noise and express the concerns that Members had raised during discussion.

Members also asked the Licensing Manager to provide them with an update on any applications that had gone to appeal and the outcome of those appeals.

Members agreed that the policy was tight enough at the moment although more emphasis needed to be placed on noise and disturbance issues.

RESOLVED:

(i)                 That the Committee would make no proposals for change to the policy at this stage.

REASON: in all objectives but the prevention of public nuisance the policy is achieving its aims. There is no practical policy change which at this stage would make any impact on the objective.

(ii)               That the Committee have regard to the issues raised in the consultation about noise and antisocial behaviour when considering future licensing applications and that noise and public nuisance are dealt with as and when possible.

REASON: that conditions can be applied to individual applications to limit any nuisance that maybe caused.

(iii)             Refer this report to all Planning Committees for their information.

REASON: in accordance with the statutory guidance to the Act paragraph 3.51.