Agenda item

A report of the Head of Regulatory Services regarding the Cumulative Impact Zone included within the Licensing Act 2003 Policy.

Considered a report of the Head of Regulatory Services to seek approval for the reviewed Special Policy Cumulative Impact Zone as included within the Statement of Licensing Policy 2017 made under the Licensing Act 2003, (item 5 on the agenda filed with these minutes).

Assisting with consideration of the report: the Head of Regulatory Services, the Licensing Manager, and Leicestershire Police.

The Licensing Manager drew the Committee’s attention to the following:

·                as the legislation was changed in April 2018, part of its requirement was to review the policy every three years.  The Committee was asked to review the Special Policy Cumulative Impact Zone prior to its being circulated to responsible authorities, representatives of the trade, businesses and residents for their comments and it would then be formally submitted to Full Council in April 2021.  The attached Statement of Licensing Policy was last approved in June 2017.

·                the existing Special Policy Cumulative Impact Zone contained within the Statement of Licensing Policy 2017 remained the same in terms of the area it covered.

·                the 182 guidance was amended in April 2018 to remove the ‘rebuttal presumption’ against grant of a premise in a Cumulative Impact Zone.  Paragraph 4.3 has been amended to reflect this change and could be seen in the appendix through tracked changes.

·                the policy should be reviewed regularly to assess if its still needed and if any revisions were required.  Prior to its review the Police and other responsible authorities had been contacted to seek evidence to justify the retention of the Special Policy on the cumulative impact on the area covered.

RESOLVED

1.    That the proposed review of the Special Policy Cumulative Impact Zone (CIZ), included within the Statement of Licensing Policy 2017 attached at Appendix 1, made under the Licensing Act 2003, be approved for consultation.

2.    That the continuation of the Special Policy on Cumulative Impact contained within the existing Statement of Licensing Policy be approved. 

3.    That, subject to recommendations 1 and 2 and following the consultation, the Head of Regulatory Services is given delegated authority to make minor amendments and alterations to the Cumulative Impact Zone within the Statement of Licensing Policy, in consultation with the Chair of the Licensing Committee, and to submit the final version of the Policy to Full Council.

Reasons

1.  After publishing a Cumulative Zone, the licensing authority, must within three years consider whether it remains of the same opinion.  

2.   To review the Cumulative Impact Zone as required by the ‘Cumulative Impact Assessments’ introduced in the 2003 Act by the Policing Crime Act 2017 with effect from the 6th April 2018.  After publishing a Cumulative Impact Zone (CIZ), the licensing authority must within 3 years consider whether it remains of the same opinion as set out in the assessment.

3. To ensure that minor changes can be made to the review of the Cumulative Impact Zone within the Statement of Licensing Policy, and  enable  submission  to  Full  Council  in  an  efficient  manner  if  only  minor changes are required.