Member Training -Licensing June 2016 Matthew Cobb Senior Licensing Officer NOT PROTECTIVELY MARKED

Licensing Committee Certain policy decisions Appointment of Sub Committees Covers Alcohol, entertainment & late night food licenses Taxi and Private Hire Gaming and Gambling NOT PROTECTIVELY MARKED

Alcohol, Entertainment & Food (Premises) Licensing-The Process New Licence/Major variation to existing-28 day consultation from application; 8 other Responsible Authorities notified (Trading Standards, Police, Fire, Planning, Environmental Health[x2], Child Protection and Health ); Public Notice at the property (several if large) and press notice required. Applicant submits an Operating Schedule (Next Slide) If no objection is received All the Licensing Team can do is grant as applied Councillors are an Interested Party irrespective of status (as a Councillor) as the vicinity test/requirement has been removed .i.e. can object, if they wish, regardless of where they live or area they represent just like anyone else.(But if do object their comments are that of an individual – not a Councillor representing a Ward) NOT PROTECTIVELY MARKED

Operating Schedule This Sets an Applicants Wishes: Licensable & other activities Times Seasonal Variations/Special Events Plan/Layout Steps to promote licensing objectives – which become enforceable conditions, e.g.: Capacity, Door staff, CCTV, toughened glasses, noise control measures etc.. Dependant upon: Operators requirements Views of consultees Style of operation Potential Impact NOT PROTECTIVELY MARKED

Saturation Zone Woking town centre has a Saturation zone or Cumulative Impact Policy Assumes all applications for new premises licenses or variations will be refused IF a representation is received, UNLESS an applicant can sufficiently demonstrate how they will not add to the “zones” problems through the nature of their business or conditions of operation they are offering. Policy can not be applied if there are no objections Applications can still be treated individually .i.e. legitimate to treat a new café differently to a new nightclub. The policy is discussed as an agenda item at Joint Licensing Meetings (Police, Licensing, Planning, Trading Standards) held every 4 to 6 weeks. Although implemented due to “saturation”, there is no quota so the closing of a premises doesn’t mean there is room for more NOT PROTECTIVELY MARKED

Objections/Decision Making An objection, a review to an existing licence (to follow) or indeed a decision made by a Licensing Committee, must be based on promoting or the effects of granting on 1 or more of the licensing objectives, these are: Prevention of Crime & Disorder Public Safety Prevention of Public Nuisance Protection of Children from Harm NOT PROTECTIVELY MARKED

Alcohol, Entertainment & Food (Premises) Licensing Minor variations to an existing licence. 10 day process; no (statutory) requirement to consult and even if a RA is “asked to comment”, LA’s choice to consider any comments based on likely effect on the Licensing Objectives. No press notice; public notice on site required. Generally for layout changes, amend outdated or unenforceable conditions or add a licensed activity in line with items already granted. E.g.. Venue has music but adds dance.. Exclusions to the process for certain alcohol requests .i.e.. alcohol before 7am or after 11pm; increase in alcohol hours overall etc. Either granted or refused. No appeal or Committee involvement. An applicant would have to submit a full-application if they wished to challenge a refusal. NOT PROTECTIVELY MARKED

Reviews Must be called for by an RA or interested party based on a licence having a negative impact on 1 or more of the Licensing Objectives – evidence based. Warnings will have usually preceded. OR new Crime Reduction Act allows a senior police officer to instigate an expedited review – conditions first, review later. (Must be a risk of serious crime or serious disorder). A review re-examines a licence to see how the issue causing the review (e.g.. Noise, underage, disorder) can be addressed by additions/omissions on the licence if it is felt justified. NOT PROTECTIVELY MARKED

Hearings – Premises Licence Normal introductions, election of Chair etc, minutes signed, urgent business. Licensing present the report; any questions relating to the report follow. Applicant makes their case; questions Objector(s) make their case; questions Closing statements Committee adjourns to discuss their options Decision given with reasons Anyone (applicant and/or objector) disagreeing with a decision has 21 days from notification to appeal to a Magistrates Court. Therefore any new licence does not take effect until this time has expired, Legal advisors/LO presence during deliberation Licensing Officer Recommendations NOT PROTECTIVELY MARKED

Change to Decision Making/Evidence From April 2012, changes to the Licensing Act have replaced the word “necessary” with “appropriate”. What this means, for example, is previously a Committee’s decision to refuse, amend or attach conditions to a licence had to be shown to be “necessary in order to promote the licensing objectives”. Now all decisions or policies merely have to be deemed “appropriate to promote the licensing objectives”. This will be much harder to challenge on appeal (at Magistrates) as appellant is left to argue a condition or other is in-appropriate. This also lowers what the Government calls the evidence threshold in the decision making process.

Possible Outcomes at Hearing/Review If a Committee is minded to grant at Hearing Grant as applied Modify the conditions on the licence i.e. reduce opening hours, increase Door Supervisors, noise limitation device etc. Exclude a licensable activity i.e. remove live music. Conditions must be now be appropriate to promote the licensing objectives but will still have to be in the context of the application .e.g. an application that contains no music, bands, DJ’s etc should not be made to install noise limitation devices. Review Hearing As above Remove the DPS where poor management is the problem (NB. Beware of red herring of “Pubco’s” offering up the DPS as to blame in order to avoid changes to actual licence.ie. Loss of hours/activities) Suspend the entire licence (not more than 3 months) Revoke the licence (permanent) Reviews Cont. Except where listed, any change can be permanent or for a period of up to 3 months. Changes must always be relevant to the reason the review was called, promote the relevant licensing objective/s and be proportionate (consider financial implications and risk of challenge) In all cases heard by Committee the 21 day appeal period applies as mentioned before. NOT PROTECTIVELY MARKED

Other Changes to Licensing Act Length a Temporary Event can last for extended (7 days) Environmental Health a consultee on TENs and all 4 licensing objectives now relevant regards objection Conditions can be attached to a TEN Applicant can have 2 late TENs i.e. less than 10 days notice Live Music is no longer regulated entertainment provided less than 200 people and finishes by 11pm. Conditions attached to a licence to govern music are no longer applicable (unless added at review) Late Night Levy and Early Morning Restriction Orders Levy is additional fee that can be charged; EMRO (retrospectively) stops alcohol sales after a certain time

Gambling and Gaming Covers Bookmakers, Bingo, Gaming Centres, Machine permits (over 3 machines), Casinos and Tracks. The Gambling Act directs that you should “aim to permit” licenses. Alcohol licensed premises (with a bar) allowed 2 machines by “notification”. Government/Gambling Commission set stakes/payouts for machines. Committee to date has not been called to decide any Gaming decision. NOT PROTECTIVELY MARKED

Taxi/Private Hire A few minor amendments and updates aside, the following are the two main pieces of legislation governing Taxi and Private Hire operations: The Town Police Clauses Act 1847 The Local Government (miscellaneous provisions) Act 1976 Well overdue an overhaul. (Law Commission has consulted and results published) New Government has not made the LC Report a priority Boroughs can have local policies for driver, vehicle requirements. NOT PROTECTIVELY MARKED

Taxi/Private Hire Subject to the requirements on the preceding slide, the only part of the legislation that governs the grant (and later the revocation ) of a licence is whether the individual is deemed “fit and proper”. Obviously open to interpretation but the check and tests (DBS, DVLA, DSA etc) are part of this process. Convictions that appear on a DBS have to be treated under the Rehabilitation of Offenders Act such that no custodial offences over 5 years old should be discounted More recent and custodial sentences that appear on the DBS check and/or traffic offences appearing on a drivers licence are dealt with under delegated authority using the fit and proper test. NOT PROTECTIVELY MARKED

Taxi/Private Hire Hearings Most enforcement is carried out directly with individual concerned through letters, phone calls and interviews at the Council offices. Serious and urgent action i.e. immediate suspension of a driver, is carried out via delegated authority by the Democratic and Legal Services Manager and Portfolio Holder (combined). Other instances i.e. false information regarding traffic or other offences, persistent complaints, persistent non-compliance with policy, touting etc can also result in the licence being revoked refused or suspended under delegated authority. It is important to remember that as the legislation stands a driver is either fit and proper or not. It is not possible to ban a driver for one month, say, and then allow their return as the argument would be if the driver is unfit one month, how can they be fit the following; unless the ban incorporated some kind of re-training that would be relevant to their “fitness”. (though can “suspend pending further investigation”) NOT PROTECTIVELY MARKED

Questions?