Decision Maker: Cabinet Member for Business, Licensing and Planning
Decision status: Recommendations Approved
Is Key decision?: Yes
Is subject to call in?: No
Following public consultation on the proposed revisions to the Councils Statement of Licensing Policy under the Licensing Act 2003 a Cabinet Member Decision is required for the approval of the final revisions of the Licensing Policy, specifically the inclusion of three new policies for ancillary deliveries, delivery centres and shops, the removal of the off licence conditions and other minor amendments to other policies to reference the new policies or enable their implementation and refer it to Full Council for adoption.
The Cabinet Member for Business, Licensing and Planning is asked to consider the revisions to the Statement of Licensing Policy as attached at Appendix 2 and recommend to Full Council that the Policy is approved and adopted in accordance with section 5 of the Licensing Act 2003 (the Act).
Reasons for Decision
1) The Council has published its five-year Statement of Licensing Policy (SLP) with respect to the exercise of its licensing functions. The current SLP has been effective from the 7th January 2021 and the end of the current policy period will be on the 6th January 2026 and is used to determine licensing applications under the framework of the Act. However, the Council as the Licensing Authority is required to keep that policy under review and make such revisions to it as it considers appropriate.
2) The increase in the number of premises in Westminster offering delivery services is a development that the Licensing Authority considers justifies a revision to the SLP. This increase has been particularly noticeable since the onset of COVID-19, especially as restrictions ease. Westminster’s Licensing Policy does not currently have specific policies for deliveries. These proposals address this specific issue in order to support licensed businesses within Westminster to grow and diversify in a safe, responsible and positive way whilst also addressing residents’ concerns and ultimately promote the four licensing objectives.
3) Before revising its SLP the Licensing Authority must consult on those proposed revisions. The duty to consult is mandatory and the proposals are to be advertised externally. The responses received are to be properly considered by the Licensing Authority with an explanation given to each of the responses that is fair and balanced. The Licensing Authority has concluded its consultation on its proposed revisions to the SLP and is now required to present it to Full Council for review and consideration so that the revised SLP can be adopted. The Licensing Act 2003 requires that the SLP is reviewed and approved by Full Council and therefore if the Cabinet Member considers the revisions to the SLP acceptable the Cabinet Member is asked to recommend the revised SLP to Full Council for approval.
Publication date: 13/09/2021
Date of decision: 13/09/2021