Issue - meetings

(A report by Christian Allen, Assistant Director – Regulatory)

The Portfolio Holder for Infrastructure, Councillor Chris Mountain, introduced the report which sought approval of the revised Statement of Licensing Policy in accordance with Section 5 of the Licensing Act 2003. The Licensing Authority was required to review, adopt and publish its Statement of Licensing Policy every five years. The current policy was due for review by January 2026, and failure to adopt a revised policy by that date would leave the authority open to legal challenge in respect of licensing decisions.

The report outlined the statutory framework and confirmed that the policy set out the approach the Licensing Authority would take to promote the four licensing objectives:

·       Prevention of crime and disorder

·       Public safety

·       Prevention of public nuisance

·       Protection of children from harm

The Licensing Committee considered a draft revised policy on 10^th June 2025 and resolved that consultation should be undertaken in accordance with the Act. Public consultation took place between 23^rd June and 17^th August 2025. One response had been received from Lincolnshire Police which was reviewed by the Licensing Committee on 23^rd September 2025, and amendments were made where appropriate. A copy of the report detailed consultation responses was attached as Appendix 1 within the report. The final draft policy, incorporating the changes for adoption by Full Council, was attached as Appendix 2 within the report.

Members expressed disappointment at the limited number of responses received during the consultation period. Despite this, Members acknowledged that the responses received had been considered and incorporated into the final draft. The importance of the policy in balancing the needs of local businesses with the protection of public health and safety was emphasised. Members commended the Licensing Team for producing a comprehensive and clear policy that reflects statutory requirements and local priorities.

The recommendations were moved by Councillor Chris Mountain and seconded by Councillor Stuart Evans.

Resolved

That the Statement of Licensing Policy be approved, following which it will be published by the statutory deadline.

(A report by Christian Allen, Assistant Director - Regulatory)

The Committee considered a report by the Senior Licensing Officer, Anna McDowell, which set out the responses received following public consultation on the draft Statement of Licensing Policy. The consultation had run for eight weeks from 23^rd June 2025, and one response had been received, from Lincolnshire Police.

The Senior Licensing Officer summarised the key points raised by Lincolnshire Police, which included requests for:

·         Additional wording at Section 4 to reference the Public Space Protection Order (PSPO) and to expect applicants to demonstrate knowledge of the area in which their premises are situated.

·         The development and publication of a pool of model conditions for applicants, to be provided as a standalone document rather than appended to the policy.

·         Inclusion of guidance at paragraph 4.1.3 to encourage applicants to ensure that at least 75% of windows into retail areas remain free from obstruction.

·         Additional wording at paragraph 4.4 to include all forms of government-issued digital ID as acceptable for age verification.

·         Additional paragraphs in Section 13 to clarify that the Licensing Authority would take a serious view of criminal activity, including offences outside the direct scope of the Licensing Act, and would strongly consider revocation of licences where such activity was evidenced.

·         Guidance under Section 35.3 to recommend that premises selling alcohol for consumption off the premises within the PSPO area consider affixing waterproof labels to containers, detailing the premises’ name and address.

The Senior Licensing Officer advised that the suggested amendments had been incorporated into the draft policy in green text for ease of reference, and that the Committee was invited to consider and determine any further amendments before recommending the policy to Council for adoption.

Members discussed the report and commented as follows:

·         Members noted that only one response had been received to the consultation, from Lincolnshire Police, and queried the extent of the consultation. Officers confirmed that all responsible authorities, parish councils, and relevant trade representatives had been consulted, and the consultation had also been publicised on the Council’s website.

·         Members raised concerns regarding the practical enforcement of the window visibility, and the proportionality of such conditions. Officers advised that any conditions imposed must be proportionate, enforceable, and relevant to the individual premises.

·         Members discussed the enforceability of labelling requirements, and the proportionality of such conditions. Advice was given that the Statutory Guidance issued under S182 of the Act states that conditions cannot seek to manage the behaviour of customers once they are beyond the direct management of the licence holder and their staff but may impact on the behaviour of customers in the immediate vicinity of the premises. Officers advised that any conditions imposed must be proportionate, enforceable, and relevant to the individual premises and the potential benefit must be weighed up against the potential burden on the premises licence holder.

·         The Committee considered whether the policy should make certain measures compulsory, but it was noted that statutory guidance did not permit the imposition of standard conditions except where appropriate to individual cases.

·         Members raised concerns  ...  view the full minutes text for item 10