Agenda item

In accordance with statutory guidance the Policy must be reviewed at least every 5 years.  The Council is currently consulting on its revised policy statement and this report presents the proposed revised policy together with a new accompanying code of best practice.  The formal consultation is running between 30th April and 30 July 2014.

The Team Manager for Health & Environment (Licensing and Environmental Protection) gave a brief presentation to the Panel relating to this item. A copy of the presentation is available online and on the Panel’s Minute Book, a summary is set out below.

The Statement sets out how the Council delivers the licensing function and promotes the licensing objectives of prevention of crime and disorder; prevention of harm to children; prevention of public nuisance and promotion of public safety;

It was last reviewed in 2010 and must be reviewed at least every 5 years.

Impact of public health on reducing alcohol related harm

Recognition that Director of Public Health is now a Responsible Authority

Link to Alcohol Harm Reduction Policy and recognition of how excessive alcohol consumption can lead to poor health and increase burden on local health services

Actively encourage voluntary initiatives to reduce alcohol harm e.g. removal of cheap, super strength beers, ciders and lagers

Actively encourage membership of voluntary groups such as PubWatch/Nightwatch

Recognition of Early Morning Restriction Orders (need to demonstrate serious alcohol related crime in a specific area which is not attributable to a single premises)

Opportunity to celebrate what has already been achieved

Purple Flag accreditation which recognises safety, quality and variety of Bath’s night time economy

Role in promoting the local economy

Supporting businesses e.g. pre-application advice

Contributing towards a successful local economy

Creating a cultural diversity to support local communities and reduce anti-social behaviour

Code of practice for licensed premises

Devised a code of best practice so that premises can understand our expectations of good practice

Opportunity to demonstrate a positive approach to the delivery of the licensing function

Crimes linked to NTE

NTE related crime and disorder definition - Offences of violent crime and criminal damage occurring between the hours of 20:00 and 04:00 taking place outside of the home not otherwise defined as domestic violence or hate crime.

Crimes linked to the NTE in B&NES (Financial quarters - Q4 07/08 – Q3 12/13): 11,490 crimes (54% Violence against the person, 46% Criminal damage). There has been a 26% reduction in crime across this 5 year period.

Councillor Lisa Brett commented that she was a little disappointed that some recommendations relating to minimum pricing and buy one get one free offers from the Alcohol Harm Scrutiny Inquiry Day (SID) had not been included in the Statement. She added that the new measures of Closure Orders were not mentioned either. She said that she would also like to see the way in which problems / incidents can be reported to be improved.

The Team Manager for Health & Environment (Licensing and Environmental Protection) replied that a self-serve form was now in place on the Council’s website to report incidents, officer phone numbers have been published and an article will be within the Autumn issue of Council Connect to highlight this piece of work. She added that she welcomed any other suggestions as to how to make the public more aware.

She said that with regard to the SID recommendations on promotions and pricing they can only be placed on premises where there is evidence to support such a problem. She added that she had recently discussed the matter of proxy sales with the Clinical Commissioning Group (CCG).

On the issue of Closure Orders she said that she had only recently looked at the guidance and that it was something that may be able to be implemented.

Councillor Douglas Nicol commented that to tackle underage drinking a ‘Licence To Drink’ should be introduced. He added that he did not feel that the problem of violence at closing time had disappeared and that it had simply moved to later in the evening.

Councillor David Martin said that he would like officers to keep working alongside premises and to use their powers when required. He asked how many reviews of licences were needed each year.

The Team Manager for Health & Environment (Licensing and Environmental Protection) replied that it was around 2 or 3 per year.

The Public Protection Team Leader added that monthly meetings take place with the Police to analyse any complaints. He added that the Council acts with a phased approach to enforcement.

The Team Manager for Health & Environment (Licensing and Environmental Protection) commented that the Code of Practise was to be seen as a way of being positive about being well-run premises. She added that the vast majority are run well.

Councillor Roger Symonds asked if a ratings scheme (0 – 5) linked to the Code of Practise could be introduced.

The Team Manager for Health & Environment (Licensing and Environmental Protection) replied that officers had considered that.

Councillor Lisa Brett said that she advocated that officers continue to support and work with premises. She added that she really would like the wording on minimum pricing to be firmer.

The Public Protection Team Leader read out the wording used by Newcastle City Council.

We know that low cost alcohol sold in on and off trade premises increases alcohol consumption which can lead to crime and disorder issues. The Licensing Authority through this policy would like to encourage the responsible consumption of alcohol and where there is evidence that the licensing objectives are being compromised or are likely to be compromised, the Licensing Authority will consider imposing controls on drinks promotions to deal with localised problems. These controls could include restricting the sale of super strength beer, lager and cider, or the requirement to charge a minimum cost per drink as part of a package of measures to deal with problems.

There is strong evidence that setting a minimum unit price will have an impact on reducing alcohol consumption. The Licensing Authority would therefore like to encourage all licensed premises to apply a minimum unit price of 50p to all alcohol products sold under their premises licence. Where the premises are found to be selling alcohol below this price and there are problems associated with the premises that are negatively impacting on the licensing objectives, a responsible authority may bring review proceedings. Following the review, the Licensing Committee may decide to impose a condition in relation to the pricing of alcohol in order to uphold the licensing objectives.

Rather than having to resort to controls of this kind, the Licensing Authority would like to encourage a voluntary code of good practice in relation to drinks promotions including pricing, and to encourage licence holders and others working at the premises to familiarise themselves with the mandatory conditions relating to drinks promotions. These conditions prevent drinking games, provision of unlimited or unspecified quantities of alcohol for free or for a fixed or discounted price. Examples of irresponsible drinks promotions are provided in the Good Practice Guide for Licensed Premises.

Councillor Lisa Brett stated that she much preferred this wording and would like officers to consider using it.

The Public Protection Team Leader replied that he would take the request from Councillor Brett under consideration.

Councillor Vic Pritchard stated that he thought that enforcement was principle as he felt that premises were adept at getting around the rules.

The Chair summed up the discussion by saying the Panel were broadly happy with the Statement at the present stage and would possibly be asking Councillor Brett to carry out some individual research into the use of Closure Orders.

The Panel RESOLVED to note the report.