Amendments to the Licensing Act 2003
Report by the Assistant Director for Community.
The Licensing Officer provided Members with a detailed overview of the report that advised Members on the proposed changes to the Licensing Act 2003 made by the Deregulation Bill.
The Deregulation Bill was with the House of Lords for consideration having completed all stages of readings and committees in the House of Commons. A commencement date was not yet known.
Clause 52 introduced CANs (Community & Ancillary Sellers Notices) which were 36 month permissions for alcohol sales only, for consumption on the premises only provided the sales were ancillary to a community event or business. This would only be for up to 300 people between 7am and 11pm and a fee would be payable.
Councillor Lamb asked for the definition of premises, for example did this include people consuming alcohol outside. The Licensing Officer confirmed that any premises applying for a licence was clear on what the premises outline was and that it was a requirement for the applicant to provide a detailed plan during the application process.
Clause 53 of the Deregulation Bill proposed an increase on the annual limit of Temporary Event Notices (TENs) per premises from 12 to 15.
Clause 54 of the Bill abolished the requirement to renew personal licences issued under the Licensing Act 2003. Currently personal licences were issued for a period of 10 years with the first Breckland licences due for renewal in March 2015. However there had been hints that the regulations for this abolishment would not be available until April 2015.
The Chairman asked if the Council would have a problem with renewals as he did not want a situation whereby the licensee could be operating illegally due to failings in the workload of the Licensing Team being unable to renew the licence in time.
The Licensing and Business Support Manager stressed she was aware of this and would keep Members up to date with changes of the Bill in order to meet requirements.
Clause 55 proposed to allow the sale of liqueur confectionary to under 16’s which was currently an offence.
Clause 56 proposed introducing a local discretion to exempt areas or types of business from requiring a licence for late night refreshment (the provision of hot food or drink between the hours of 11pm and 5am).
The Chairman said he considered a requirement for a late night refreshment licence should still apply.
The Licensing and Business Support Manager said it would be local areas where the exemptions applied, however this would be considered on a case by case basis.
Councillor Spencer agreed with Councillor Bambridge and said that the Licensing Committee had worked hard to regulate the late night refreshment across the District.
Clause 57 removed the requirement to report lost or stolen licences to the police.
Clause 58 proposed to remove community film shows from within the current definition of regulated entertainment. This would mean that not for profit film shows to fewer than 500 people between the hours of 8am and 11pm would not require a licence.
The Licensing Officer informed Members that further regulations would be made to provide more detail on these proposals.
RESOLVED that the Committee noted the proposed legislative changes to the Licensing Act 2003 made by the Deregulation Bill.