Agenda item - Annual Report of Licensing Authority 2016

Report of the Executive Director, Neighbourhoods, Communities & Housing (copy attached)

1)           That the committee notes the contents of this report.

2)           That officers should continue to monitor trends of applications and illegal activity to inform future policy.

28.1      The Committee considered a report of the Executive Director, Neighbourhoods, Communities & Housing that set out the licensing and gambling functions for Brighton & Hove carried out during 2016, national legislative changes, local licensing matters and local and national gambling matters.

28.2      Councillor Simson noted that the list of venue types did not differentiate between off-licences and convenience stores and asked why this was the case. Councillor Simson asked for examples of types of ‘other’ licences, highlighted that eight licences granted within the Cumulative Impact Zone (CIZ) had received no representations against the application and brought the committees attention to the excellent work carried out by legal officers in relation to an application and defence of an appeal by the Synergy Centre.

28.3      Councillor Bell stated that residents in his ward had expressed their dismay to him regarding the number of applications granted, albeit with conditions on those licences.

28.4      Councillor Wares commended the report that he had found very detailed. Councillor Wares asked the type of support offered by the council for safeguarding initiatives as detailed at paragraph 3.4.4 of the report.

28.5      In relation to the query raised on differentiating convenience stores and off-licences, the Senior Licencing Officer explained that the categories were provided by the Home Office and that guided how officers presented that information. Types of ‘other’ applications were hard to categorise but examples included time limited licences and Christmas markets and others that did not often fit into a specific category.

28.6      In relation to the query raised on support for safeguarding initiatives, the Public Health Licensing Lead explained that this entailed the council organising workshops for the various organisations involved and facilitated discussions.

28.7      Councillor Bell stated that he was alarmed at a rise of 42% in applications between 2014 and 2016 alongside a rise in approvals. Councillor Bell stated that the city in his view was close to maximum capacity of licenced premises and the council had a duty of responsibility to residents that this was not detrimental to public health objectives or for it to lead to significant anti-social behavioural issues. Councillor Bell noted that a high number of test purchases had failed and asked what action could be taken as well as measures to raises the number of test purchases conducted as the current number was not high enough.

28.8      The Head of Trading Standards clarified that test purchases were led by Sussex Police and unfortunately a number of dates had been cancelled over the previous year but there would be an increase in 2017/18. In instances of failures, the issue was discussed extensively which did include the option of reviewing licences.

28.9      Councillor Bell asked if test purchase dates could be circulated to Members for their attention.

28.10   The Head of Trading Standards confirmed this could circulated.

28.11   The Public Health Licensing Lead confirmed there had been an increase in applications and those granted but assurance could be given that these met licensing objectives. Furthermore, the rise was mainly due to an increase in restaurant applications but officers would continue to monitor the issue. 

28.12   Councillor Page welcomed the introduction of public health amongst licensing objectives. Councillor Page stated that licensing panels had an opportunity to marshal public health relating to alcohol and should ensure it did so. Councillor Page asked why 39 members had chosen to stop selling high strength alcohol but had not formally joined the Sensible on Strength scheme.

28.13   The Head of Trading Standards stated that the 39 members represented chain stores that were often not keen on formally joining local-based schemes.

28.14   Councillor Wares suggested that if increased test purchases could not be conducted, an increase in penalties for premises that failed should be introduced as sufficient deterrent.

28.15   Councillor Horan stated that it could be useful to have details of the types of premises that failed test purchases in order for the committee focus its efforts.

28.16   The Chair stated that this was a useful suggestion and provision of such information could be followed up.

28.17   RESOLVED-

1)           That the committee notes the contents of this report.

2)           That officers should continue to monitor trends of applications and illegal activity to inform future policy.