QUESTIONS TO BE ASKED OF EXECUTIVE COUNCILLORS AT THE COUNCIL EXECUTIVE MEETING 6^th November, 2002

(Agenda item 6)

1. Question from Dr Sarah Webb concerning restoring normal licensing policy

Will the Executive consider bringing forward the review of the whole Nightclub Hours experiment? It was originally planned for next summer?

Reason;- The 12 month trial of 24 hour licensing on Fridays and Saturdays was extended to 2003 because nightclubs wanted it and it was thought that there were no 'disbenefits'.

After two and a half years there has been no sign of the expected improvement in levels of city centre disorder as a result of altered hours, according to Chief Inspector Greedy.

Residents and businesses in the vicinity of Moles, Babylon and Cadillacs have been upset by noise spreading to 3 and 4am, and sent petitions to the Council last year.

Normal licensing policy contains conditions and procedures designed to protect residents from undue noise and disturbance after 2am. It has been suspended for the duration of the trial. Residents want it back.

The current proposal to abandon the plan to add Thursdays to the experiment, and the decision taken at the Planning meeting of October 9th not to permit Babylon to open later than 2am (an appeal is expected), both suggest that the Council now accepts that extended hours have an adverse impact on residents and businesses.

The imminent Licensing & Entertainment Bill is an opportunity for the Council to establish effective management of Bath's nightlife. The authority of the Council will be tested, and residents are worried that their rights, already eroded, will be a low priority.

Restoring normal licensing policy now would demonstrate the Council's resolve to keep a proper balance.

Dr Sarah Webb

Licensing Representative

Federation of Bath Residents Associations

Answer by Councillor Roger Symonds

The decision of the Housing and Public Protection Committee in May 2001 to introduce 24 hour public entertainment licensing on Fridays and Saturdays followed a recommendation to do so by the Nightclub Advisory Group. The latter had been established in December 1999 and comprised representatives of the Bath Federation of Residents' Associations, Avon and Somerset Constabulary, the Community Safety Partnership, Bath Nightclubs Association, Clubgoers, one Abbey Ward Councillor and the Council's Licensing Service. This group also made the recommendation, accepted by the Committee, to review the impact of 24 hour licensing in Summer 2003.

It was considered there would be no disbenefits. The text of the question appears to recognise that the levels of city centre disorder remain unchanged.

The questioner misunderstands the current situation. Far from suspending the conditions attached to public entertainment licences and designed to protect residents from undue noise and disturbance, those existing conditions were retained and additional, more stringent, conditions were required to be met before any nightclub would be given permission to extend its Friday and Saturday opening hours beyond 2 am. There are ten such additional conditions including the installation of CCTV covering the area outside the club entrance and a requirement for licence holders to take reasonable steps to bring to the notice of customers the need to respect the needs of local residents.

I am unable to judge whether extended hours has had an adverse impact on residents and business. To make such a judgement requires consultation, research and analysis. The latter will occur in the scheduled review of the impact of 24 hour licensing in Summer 2003. There is no substantial evidence to support bringing the review forward. Indeed, by that time, the Council will have much more complete information on proposed changes in the legislation controlling public entertainment and liquor licensing.

The challenge for the Council, as it was for the Nightclub Hours Advisory Group, will be to ensure that the outcome of next summer's review seeks to balance the needs of the whole community.

The night-time economy could be improved by bringing together all the stakeholders as part of a wide consultation exercise.