Agenda item

To enable the Cabinet to consider the recommendation made to it by the Licensing and Registration Committee in relation to the adoption of a Licensing Enforcement and Inspection Policy 2024 – 2028.

RESOLVED that the Licensing Enforcement and Inspection Policy 2024 - 2028 be adopted.

Cabinet considereda reference report (A.4) which enabled it to consider the recommendation made to it by the Licensing and Registration Committee in relation to the adoption of a Licensing Enforcement and Inspection Policy 2024 – 2028.

Cabinet was informed that a draft Policy had been considered by the Licensing and Registration Committee at its meeting held on 24 July 2024.  The Committee at that time had authorised consultation on the draft for a period of five weeks from 30 July 2024 to 3 September 2024.

In response to that consultation two members of the public had sent in responses to that 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”. 

It was reported that the draft Policy sought to set out how this Council (as the licensing authority) would implement a consistent and staged approach to compliance and enforcement matters which 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 reasons behind Officers’ actions where public / customer safety was at serious risk the Council would act swiftly and robustly.

The Licensing and Registration Committee (“the Committee”), at its meeting held on 2 October 2024 (Minute 23 referred), had considered the matter again (including the above mentioned responses received during the consultation).  The Head of Democratic Services & Elections had 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.

Through the report, the Committee had been invited to determine its recommendation to Cabinet.  The Committee’s decision had been as follows:-

“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.”

The Policy referred to in the above decision of the Licensing and Registration Committee was set out as an Appendix to the reference report.

Cabinet had before it the following formal written response submitted by the Housing and Planning Portfolio Holder. Under the Leader of the Council’s approved Scheme of Delegation, as set out in Schedule 3 (Responsibility for Executive Functions) of Part 3 of the Council’s Constitution, the Portfolio Holder for Housing and Planning was the designated Executive Member for overseeing licensing policy matters.

“I welcome the submission of this revised Policy.  It supports the commitment we gave in the Corporate Plan 2024-28 to support pride in our area and services to residents.  Regulatory systems only work properly when enforcement powers are used proportionately and responsibly to protect the public and consumers.  This Policy sets out the approach to be taken in Licensing to achieve this.  It builds on the programme of routine inspections agreed by the Licensing and Registration Committee through which we take a pro-active approach to checking compliance.  I formally invite Cabinet to approve this Policy.”

Having duly considered the recommendation made by the Licensing and Registration Committee, together with the formal response thereto submitted by the Housing and Planning Portfolio Holder (as the designated Executive Member for overseeing licensing policy matters):-

It was moved by Councillor M E Stephenson, seconded by Councillor I J Henderson and:-

RESOLVED that the Licensing Enforcement and Inspection Policy 2024 - 2028 be adopted.