PAPER C1

 

                                                                                                              Purpose : For Decision

                        REPORT TO THE EXECUTIVE

 

Date :              29 JANUARY 2003

 

Title :               LICENSING POLICY

                       

REPORT OF THE PORTFOLIO HOLDER FOR FIRE, EMERGENCY PLANNING AND CONSUMER PROTECTION

 

IMPLEMENTATION DATE : 1 MARCH 2003

SUMMARY/PURPOSE

 

1.                  This report is directed at progressing a Council procedure for reviewing, amending or making Licensing Policy.

 

BACKGROUND

 

2.                  The Council’s Licensing Section has been aligned with Environmental Health (now part of Consumer Protection) since creation of the Isle of Wight Unitary Authority in 1995.

 

3.                  The Licensing Section processes applications for a range of licensable activities, including:

 

Hackney Carriages (vehicles and drivers)

Private Hire (vehicles, operators and drivers)

Public Entertainment

Street Trading

Animal Boarding\Breeding

Lotteries

Zoos

Ear Piercing\Tattooing\Acupuncture\Electrolysis

Caravan and Camp Sites

Amusement with Prizes Machines.

 

4.                  Most licence applications require a fee.  Fees charged are intended to reflect time taken to process an application, and time spent on enforcement.

 

5.                  Licences are granted by officers using delegated powers, or by the Licensing Panel, in accordance with procedure rules approved by Full Council.

 

6.                  In many cases licences meet with general\standard licence conditions adopted by the Council as policy when the Unitary Authority was established.  It would be timely to put in place a mechanism to facilitate review and\or revision of those general\standard licence conditions imposed to regulate various commercial activities.

 

7.                  Government has signaled its intent to transfer liquor-licensing responsibilities to licensing authorities.  Policy development linked to this new responsibility will be necessary.

 

8.                  The Council’s constitution establishes that responsibility for agreeing the policy framework of the Council lies with the Council.  Thereafter, detailed policy decisions are taken by the Executive or individual Members of the Executive in line with the policy framework.

 

9.                  The Council’s constitution also sets out the Licensing Panel’s terms of reference:

 

10.             To consider and determine applications and appeals in relation to licensing matters including exercising all the powers and duties of the Council where the relevant Chief Officer does not wish to exercise his delegated authority in relation to the grant, renewal, refusal, appeal, revocation, variation, cancellation or imposition of conditions for any licence which the Council has a power or duty to grant in connection with the following licensing and registration functions or where there are objections to applications for such licences or registrations or where the suitability of the applicant or premises are in doubt and where the relevant Chief Officer does not wish to exercise his delegated powers.  In exercising its powers the Panel shall comply with all relevant policies set by the Council.

 

11.             Some 42 licensing and registration functions are listed in the constitution.

 

12.             All members of the Licensing Panel receive training in licensing procedures.

 

13.             Members will be aware that the Hackney Carriage Working Party has specifically been established by the Fire and Public Safety Select Committee to work with the Isle of Wight Taxi Proprietors’ Association to review matters of mutual interest and make recommendations, if appropriate, to the Select Committee.

 

14.             The Council’s constitution provides Select Committee Members with a “call in” option when decisions are made by the Executive or the Portfolio Holder that fall outside the budget or policy framework of the Council.  Call in provides the Select Committee with a mechanism to scrutinize that decision.  There is no similar call in option available to the Licensing Panel.

 

STRATEGIC CONTEXT

 

15.             Most licensable activities have the potential to be hazardous.  Licence conditions when diligently enforced enhance consumer safety.

 

16.             New legislation proposed by Government and currently progressing through Parliament proposes a transfer of liquor licensing responsibilities from local licensing justices (Magistrates) to local licensing authorities (the Council).  It is therefore important that procedures reviewing, amending and making licensing policy suit the needs of the Council and meet the needs of the local community.

CONSULTATION

 

17.             Proposals made in this report have been discussed with Licensing Panel members.  The Licensing Panel Chairman and the Fire and Public Safety Select Committee Chairman support the proposals.

 

FINANCIAL IMPLICATIONS

 

18.             Broadly, Council expenditure on licensing matters and specifically those matters administered and enforced through Consumer Protection, balances income generated from fees.   This arrangement is not expected to change by virtue of recommendations made in this report.

 

LEGAL IMPLICATIONS

 

19.             Legal Services support these proposals.

 

OPTIONS

 

20.             The recommendations included in this report are designed to clarify the Council’s approach to licensing policy matters.

 

21.             An alternative approach could be to address each and every licensing policy issue on its merits, but in piece meal fashion.

 

EVALUATION\RISK MANAGEMENT

 

22.             Licensing activity impacts on several hundreds of Island businesses.

 

23.             Documented procedures and a transparent approach should reduce risk.

 

RECOMMENDATIONS

 

24.             That procedure for reviewing, amending or making Licensing Policy be as follows:

 

25.             Officers will raise all licensing policy development proposals with the Licensing Panel Chairman, and then in writing with the Portfolio Holder for Consumer Protection.

 

26.             The Portfolio Holder will advise the Chairman of the Fire and Public Safety Select Committee on all significant licensing policy development proposals before they are introduced.

 

27.             The Portfolio Holder will use delegated decision making powers to implement appropriate licensing policy changes that will be subject to normal reporting procedures.

 

28.             In the event of there being a significant licensing policy development proposal, the matter shall be referred to the Licensing Panel for consideration.  The Licensing Panel shall be invited to make recommendations on those proposals to the Executive.

 

29.             The Fire and Public Safety Select Committee will be advised on all licensing policy matters due to be presented to the Executive. 

 

30.             Officers will co-ordinate licensing policy development work to bring forward business items, wherever possible, “en bloc”.

 

BACKGROUND PAPERS

 

Licensing Panel Procedure Rules.

Licensing Policy Issues Paper, 10 September 2002

 

 

Contact Point:            Rob Owen,     823388           [email protected]

 

 

J PULSFORD

Strategic Director for Finance and Information

D KNOWLES

Portfolio Holder for Fire, Emergency

Planning and Consumer Protection