Agenda item
Licensing Act 2003 - Statement of Licensing Policy & Cumulative Impact Assessment
In accordance with the requirements of Section 5 of the Licensing Act 2003 (the 2003 Act) this report seeks members support of the formal review of the council’s Statement of Licensing Policy. It advises of the consultation undertaken and of the amendments made.
In accordance with the requirements of Section 5A of the 2003 Act this report also seeks members support for the implementation of a Cumulative Impact Assessment in relation to part of the city centre. It advises of the consultation undertaken.
The report seeks a recommendation to Council that the revised Policy and Cumulative Impact Assessment be adopted.
Minutes:
[See also under Part B]
[Cllr Norman joined the meeting at 5.33pm]
In accordance with the requirements of Section 5 of the Licensing Act 2003 (the 2003 Act), Members considered a report that sought their support of the formal review of the council’s Statement of Licensing Policy. The report advised of the consultation undertaken and of the amendments made. Furthermore, in accordance with the requirements of Section 5A of the 2003 Act the report also sought Members’ support for the implementation of a Cumulative Impact Assessment in relation to part of the city centre and the report advised them of the consultation undertaken in respect of this. The report also sought a recommendation to Council that the revised Policy and Cumulative Impact Assessment be adopted. The Licensing Manager gave an overview of the report.
Member’s comments and questions were noted as follows:
· A Member expressed concern that the red area on the Cumulative Impact Area (CIA) was being reduced and she asked if the evidence used had been impacted by Covid. The Licensing Manager acknowledged these concerns and explained that the area covered by the CIA had not changed, the changes related to the red zone are being decreased and the amber zones being introduced. She noted that the high concentration of crime areas had changed. Sgt Booth provided reassurance, advising that the police would continue to review licensing applications on their own merits. In relation to licence applications, the Licensing Manager noted that it would be for an applicant to demonstrate why a licence should be granted in the CIA, within the red zones, if relevant representation are received, an application should be refused, within the amber zones application should be refused unless they are for food led premises.
· In response to a questions about the jagged shapes delineating the zones, Sgt Booth explained that the zones were created using unique property references which encompassed the footprint of the building in the zone.
· A Member asked why nightclubs had moved into the amber zone. Sgt Booth explained that the closure of nightclubs during Covid has impacted crime rates, although the top five streets remained the same for crime and anti-social behaviour (ASB) rates. If this increased the policy and assessment would be brought back to the Committee for review.
· The Head of Public Protection noted an error within the Equality Impact Assessment with regards to sexual orientation which would be amended.
The Chair noted the options available to Members:
Option 1 – Recommend to Full Council that the draft Policy and Cumulative Impact Assessment are adopted.
Option 2 – Recommend to Full Council that the draft Policy and Cumulative Impact Assessment is amended with alternative wording agreed by members.
Cllr D’Agorne moved and Cllr Hook seconded the recommendation as detailed in Option 1 – to recommend to Full Council that the Policy and Cumulative Impact Assessment are adopted. On being put to the vote it was unanimously;
Resolved: That it be recommended to Council that the Statement of Licensing Policy and Cumulative Impact Assessment be adopted.
Reason: To meet the legislative requirements of the Licensing Act 2003.
[Sgt Booth left and Cllr Melly rejoined the meeting at 5.45pm]
Supporting documents:
- Licensing Act 2003 – Statement of Licensing Policy, item 83. PDF 261 KB View as HTML (83./1) 52 KB
- Licensing Act 2003 – Cumulative Impact Assessment, item 83. PDF 647 KB View as HTML (83./2) 95 KB
- Annex 1 - Statement of Licensing Policy 2022-27, item 83. PDF 857 KB View as HTML (83./3) 270 KB
- Annex 2 - List of Amendments - Statement of Licensing Policy, item 83. PDF 341 KB View as HTML (83./4) 21 KB
- Annex 3 - Cumulative Impact Assessment 2022 - 2025 draft document, item 83. PDF 2 MB View as HTML (83./5) 175 KB
- Annex 4 - NYP CIA York, item 83. PDF 2 MB View as HTML (83./6) 162 KB
- Annex 5 - List of Consultees, item 83. PDF 100 KB View as HTML (83./7) 10 KB
- Annex 6 - Consultation Responses 2022, item 83. PDF 279 KB View as HTML (83./8) 26 KB