Licensing and Appeals Committee
24 September 2012
Agenda Item No______6_______
CHANGES TO THE LAW AFFECTING SALE OF ALCOHOL AND ENTERTAINMENT
LICENSING AND OTHER TOPICAL ISSUES
Summary:
This report updates Members on impending
changes to the law and on consultation issues
Conclusions:
Recommendations:
Cabinet member(s):
Ward(s) affected:
Councillor Trevor Ivory
All
Licensing Committee Chairman
Councillor Richard Price
Contact
Officer,
number, and e-mail:
telephone Chris Cawley 01263 516252
Chris.cawley@north-norfolk.gov.uk
1.
Introduction
1.1.
Members will recall that following consultation about rebalancing the licensing
laws in favour of local communities the Government included a number of
measures in the Police Reform and Social Responsibility Act 2011. Consultation
on other proposed changes have also taken place. Several of these measures
which amend the Licensing Act 2003 came into force on 25 April 2012 other
changes will be introduced this autumn as detailed below.
1.2.
This report also updates Members on the Gambling Policy.
Licensing and Appeals Committee
24 September 2012
2.
Key changes to the Licensing Act coming into force 1 October 2012 – Live
music and Premises Licences
2.1
The Live Music Act 2012 (a Private Members Bill) makes significant amendments
to the Licensing Act 2003 and these will come into force on 1 October 2012.
2.2
This will remove the licensing requirements for:
•
Amplified live music between 8am and 11pm before audiences of no more than
200 people on premises which have alcohol licences
•
Amplified live music between 8am and 11pm before audiences of no more than
200 people in workplaces not otherwise licensed under the Licensing Act 2003 or
licensed only for the provision of late night refreshment; and
•
Unamplified live music between 8am and 11pm in all venues
•
Provision of entertainment facilities
2.3
Any conditions on existing Premises Licences currently relating to such activities
will be suspended between 08.00 and 23.00hours. There will be an ability to
reapply those conditions if a review of the licence is called and a hearing takes
place. For live music taking place beyond these hours then the conditions will
apply.
2.4
As most licensed venues in the District have a capacity of less than 200 these
provisions will have a bearing on most pubs, clubs, hotels, guest houses and
restaurants in North Norfolk.
2.5
In recent years many Premises which have historically only had an alcohol
licence have carried out entertainment events using the Temporary Events
Notice provisions. This has alerted the Council and the Constabulary to the event
and officers have been able to visit the venue or contact the proprietors to give
advice which has mitigated adverse effects on local residents. This prior
notification will not take place if the live music is to finish by 23.00hrs and it is
likely that this will mean an increase in complaints received which will need to be
responded to.
3.
Key changes to the Licensing Act in force on 31 October 2012 – Late Night
Levy
3.1
These new provisions, set out in the Police Reform and Social Responsibility Act
2011, come into force on 31 October 2012. They enable licensing authorities to
introduce a late night levy across the whole of their area if the authority considers
it desirable to raise revenue in relation to the costs of policing crime and disorder
connected to the supply of alcohol in that area between midnight and 6am..If a
levy is introduced , it is payable by holders of Premises Licences or club
premises certificates which authorise the supply of alcohol at times beginning at
or after midnight and ending at or before 6am (on any day of the year).
Regulations provide for certain local exemptions to the Levy. The amount of the
Levy is prescribed in Regulations (ranging from £299 for a Band A premises to
£1,493 for a Band E Premises) and will be payable in addition to the current
annual licence fee. Once collected 70% of the net levy revenue is to be passed to
the police with the licensing authority retaining the other 30%. The regulations
Licensing and Appeals Committee
24 September 2012
provide for certain exemptions to the levy.
3.2
Prior to making a decision to implement the levy a licensing authority is expected
to discuss the matter with the police If the licensing authority considers it
appropriate then formal consultation must be undertaken with the police, licence
holders and others.
3.3
Preliminary discussions with the police indicate that it would not be appropriate
provision for North Norfolk. A further report will prepared for consideration by the
Licensing and Appeals Committee in November 2012.
4.
Updated statutory guidance
4.1
In connection with the new legislation, the Secretary of State has issued draft
updated statutory guidance under section 182 of the Licensing Act. Members will
need to have regard to this updated guidance in its final form when determining
future contested licence applications.
5.
North Norfolk District Council Gambling Policy
5.1.
In line with current legislation the Council is required to review its current
Gambling Policy and consult on any amendments prior to adopting a revised
policy in December 2012. The current policy was developed with the other 6
licensing authorities across Norfolk six years ago and has stood the test of time.
Officers are currently consulting with the trade on any changes needed and it is
signposted on the Councils website. Licensing Committee will consider any
proposed amendments this autumn and make recommendations to Full Council
for adoption on 19 December 2012.