Agenda item

This report is submitted to the Committee to enable it to consider the revised Licensing Enforcement and Inspection Policy following a 5-week period of consultation on a draft revised policy. This report sets out the proposed policy to be adopted and the outcome of the consultation.

Further to Minute 8 (24.7.24), the Committee considered the revised Licensing Enforcement and Inspection Policy following a 5-week period of consultation on a draft revised policy.  The report (A.1) set out both the proposed policy to be adopted and the outcome of the public consultation which had been conducted for a period of 5 weeks from 30 July 2024 to 3 September 2024.

The Committee was reminded that the draft revised Licensing Enforcement and Inspection Policy, as set out at Appendix A to the report (A.1), was intended to support the following themes from the Council’s Corporate Plan 2024-28:- 

·      Pride in our area and services to residents

·      Working with Partners to improve quality of life

·      Promoting our Heritage offer, attracting visitors and encouraging them to stay longer

·      Financial sustainability and openness

Members were advised that, in exercising the express powers of the Council as Licensing Authority under the Licensing Act 2003 it must do so with a view to promoting the licensing objectives defined in that Act, as follows:-

·      The prevention of crime and disorder;

·      Public Safety;

·      The prevention of public nuisance;

·      The protection of children from harm.

Additionally, in respect of the express powers under the Gambling Act 2005, the Licensing Authority must carry out those functions with a view to aiming to permit the use of premises for gambling in so far as the Authority thought it was, inter alia, reasonably consistent with the licensing objectives defined in that Act, as follows:-

·      Preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime;

·      Ensuring that gambling is conducted in a fair and open way; and

·      Protecting children and other vulnerable persons from being harmed or exploited by gambling.

It was reported that, in addition to a page created for the consultation on the Council’s website and a public notice displayed outside of the front of the Town Hall and the Council’s Offices at Pier Avenue, Clacton on Sea., the below had been written to inviting them to comment on the draft policy:-

•    All Tendring District Councillors

•    All Parish Councils

•    Responsible Authorities as defined in the Licensing Act 2003 (including Essex Police)

•    Institute of Licensing

•    A number of licensing solicitors

•    A range of licence holders of local premises licence (including pubs, off-licences, night time economy, street traders, gambling premises and taxis)

In addition to those consultation letters the Licensing Team had also visited a number of licence holders within the District handing out consultation postcards to encourage the trader to voice their opinions.

The Committee was made aware that two members of the public had sent in responses to the consultation.  Their comments were as follows:-

•    “The policy itself is fine - but without effective enforcement it is just empty words. In my experience, TDC's enforcement, whether in relation to illegal traders or bylaws is woeful. Unless your enforcement capability is seriously improved, no amount of policy wording will make any difference”.

•    “We must acknowledge the income licenced premises bring to the locality however they must adhere to licencing rules to protect the community and the most vulnerable persons in the locality”.

The Head of Democratic Services & Elections informed the Committee that the first comment referred to the Council’s resource allocation which was not within the Policy but would be kept under review. In relation to the second comment this referred to the need for balance and the Head of Democratic Services & Elections confirmed that the Policy was intended to apply a balancing act between proportional enforcement action and the public good.

Members were informed that the Council had had due regard with reference to the Human Rights Act 1998 in ensuring no right was unreasonably compromised by the way in which the Council made enforcement decisions and that enforcement was considered proportionately, balancing the public need with the need of the individual or organisation concerned.

In preparing this report, due consideration had also been given to the Council’s statutory Equality Duty to eliminate unlawful discrimination, advance equality of opportunity and foster good relations, as set out in Section 149(1) of the Equality Act 2010.

The Licensing Authority had had due regard too to the public sector equality duty under the Equality Act 2010.  Under this duty, the Authority (in the exercise of its functions) must have due regard to the need to:

·      eliminate any form of unlawful discrimination (including direct or indirect discrimination, harassment, victimisation, and any other conduct prohibited under the Act);

·      advance equality of opportunity between people who share a relevant characteristic and people who do not;

·      foster good relations between people who share a protected characteristic and people who do not.

It was considered overall that the implementation of a consistent and staged approach to compliance and enforcement matters would assist Officers when engaged in any enforcement process. This would lead to more robust and defensible decisions in relation to action concerning breaches of the legislation, conditions and unlicensed traders. In adopting a compliance and enforcement policy, the Courts would understand the rationale and reason behind Officers’ actions and where public / customer safety was at serious risk the Council would act swiftly and robustly.

It was moved by Councillor Wiggins, seconded by Councillor A Cossens and:-

RESOLVED that –

(a)    the revised draft Licensing Enforcement and Inspection Policy be recommended to Cabinet for its formal adoption; and

(b)    once adopted, the Assistant Director (Governance) (or other authorised Officer) be authorised to make minor amendments to that Policy in order to ensure that it reflected the operational positions of the Council and legislative / case law relevant to the Policy.