Agenda item

Report of the Operational Director for Public Protection and Licensing.

4.1       Mr Simpkin introduced the report.  He explained the amendments to the Licensing Act 2003 that were proposed in the Policing and Crime Bill and had potential implications for the Council and other local authorities.  There were two that he believed had the most significant implications.  Firstly it was proposed that in addition to the courts retaining existing powers to order the forfeiture or suspension of a personal licence if a personal licence holder is charged with a relevant offence, the Licensing Authority would also have new powers to suspend a personal licence for a period of up to six months or revoke it.  This decision could only be taken by the Licensing Sub-Committee and could not be delegated to officers and the personal licence holder would have a right of appeal to the magistrates’ court.  Evidence had suggested that the courts were not routinely exercising their powers and the Licensing Authority would be able to take any appropriate action sooner under the proposals.

4.2       Mr Simpkin stated in respect of the second amendment that currently when the Police submitted an application for an expedited review, the Licensing Authority considered within 48 hours of its receipt whether to impose interim steps such as suspending the premises licence. The interim steps remained in effect until a full review hearing is conducted within 28 days of the expedited review being received.  Premises licence holders were able to exercise their right to make a representation following the interim steps decision and there were currently no limits on the number of times a licensee could exercise this right.  One aspect of the proposed amendment to the Act limited the licence holder to only make further representations if there had been a material change in circumstances since the previous representations had been considered by the local authority at an interim steps hearing.  Another aspect of the proposed amendment to the Act would make it a requirement that the Licensing Sub-Committee would take two decisions at the full review hearing stage.  The first would be to take such steps (if any) as it considers necessary for the promotion of the licensing objectives which was the decision on the full review itself.  The second would be to determine what interim steps should be in place pending the outcome of any appeal, or the expiry of the time limit for making the appeal.  Mr Simpkin advised that the Bill introduced a new appeal right for the Police and premises licence holder against the interim steps imposed at the full review hearing.  There was the potential for an increased workload for officers as this power required an appeal to be heard within 28 days from the date it is lodged with the court.

4.3       Other amendments to the Licensing Act 2003 proposed in the Bill included the definition of alcohol being amended to enable the Act to take into account powdered and vaporised alcohol.  Powdered alcohol was currently only authorised to be sold by the medical profession in the United States of America.  It was not yet available to buy by other means in the U.S.A.  Officers had identified that powdered alcohol products were being advertised in the UK in the event it becomes legal.  The powdered alcohol being advertised for sale in the UK once legal was priced from £2.99 per sachet and had an alcohol volume of 10% when mixed with 170ml of water.  Mr Simpkin added that there were concerns that should the powder be consumed without the water being added, this amounted to an alcohol volume of 55%.  Mr Members were informed that vaporised alcohol is available in the UK and whilst officers were not aware of any premises offering their customers the opportunity to inhale alcohol pumped into a room in Westminster, it had been used in an arts style event in a London Borough of Southwark premises.  Those experiencing the vaporised alcohol had been in the room for 40 minutes before moving on.  Mr Simpkin also referred to the fact that there were also proposals within the Bill to expand the list of relevant offences for personal licence holders and to enable the Secretary of State to publish revised Guidance to Licensing Authorities.  Mr Simpkin stated that Members would be kept informed on the progress of the Bill.

4.4       RESOLVED: That the Committee be kept informed on the progress of the Policing and Crime Bill 2015-16.