Agenda item

Purpose: To approve the Council's Licensing Policy for the three year period commencing January 2011

Brian Leahy gave an overview of amendments made to the Council’s Licensing Policy. The changes that had been made had been highlighted in red. These amendments were minor and made to simply update the existing policy. Comments had been received from the Musicians Union, which were positive and no other comments had been received.

Brian Leahy requested that the Committee approve the changes made and that the Chairman and Vice-Chairman might approve the policy on the Committee’s behalf if there were further minor changes. If the Policy was signed off at the December 2010 Meeting, it would miss the Council meeting which would sign off the Policy. Brian Leahy stated that he did not anticipate any further amendments.

Councillor Quentin Webb queried whether or not the Policy would need to be changed again within 3 years, especially with the consultation on the Public Nuisance Act. Brian Leahy stated that very little would actually affect the Policy itself.

Councillor Adrian Edwards stated that he had read the Policy very carefully and that in the last three years there has been an increase in anti-social behaviour, especially on a Friday and Saturday night, most of which was alcohol fuelled. He felt that a stronger stance on clamping down on pubs and clubs should be enforced and this should be reflected in the Policy. There were two pubs in particular which were open until 2am in Newbury town centre, that he felt were a problem.

Brian Leahy responded that this was not an enforcement Policy. Members had the right to curtail the hours of any premises. He sat on the anti-social behaviour Action Group and Newbury actually had one of the lowest levels of alcohol-related crime in the country.  Members might soon be able to put a levy on pubs for town cleaning, if the new Act came into effect. Members could also call for a review of a license. The Policy was meant to be generic and neutral and one of the top Barristers in the Country had endorsed the West Berkshire Policy. It was possible to put a terminal hour in, but this would be challenged and the Council would then be called to review the Policy. There were however, issues with comments from the Neighbourhood Action Groups not being relayed to the Licensing Team and those with the power to make changes to licenses. So far only a handful of reviews had taken place.

Paul Anstey added that the Council could observe and control licenses however the burden was on the citizen to stand up to the local pub. This was an issue as it was hard to find tangible evidence or data to use in such a review – and this was needed from the Police and residents. However, the Council’s powers might be extended in the future. There were other measures that were needed to tackle these issues as well, such as education and enforcement. The Policy was necessarily non-committal and generic. Paul Anstey stated that Licensing Officers made visits the next working day, if any reports did come into them, but there was a need to be better connected with the Neighbourhood Action Group process.

Brian Leahy stated that if new proposals were agreed by Government, the Licensing Officers would have the power to call for a review, but at the current time, that was not the case. This was a social problem that officers were very aware of. It was possible that a more dictatorial policy could be produced, but it would certainly be challenged.

In response to questions from Councillor Roger Hunneman, Brian Leahy stated that a Ward Member could request a review and this had been included in the training as well as the newsletters. The point regarding license holders serving customers who were already clearly drunk was unenforceable. Warnings were issued to landlords and a lot of time was committed to street work in West Berkshire. An AGM was held each year, where the Members received reports on different Trades.

Councillor Hunneman requested that 9.1 stated that the Council would ‘consider shorter licensing hours’, as well as longer ones.

Councillor Paul Bryant stated that he often went litter picking in Shaw and had found used contraceptives and other items and it was not only a problem with pubs in the area. He requested that the comment regarding Newbury as a low risk area, was deleted from the Policy.

Councillor Mollie Lock pointed out the problems were not only in the urban areas, but also in those more rural ones, such as Mortimer, residents who had been drinking in Reading, would return on the late buses.

Councillor Tony Linden proposed that the Policy be accepted and Councillor Jeff Beck seconded this. Members voted in favour of accepting the changes to the Policy, with the exception of Councillor Adrian Edwards who abstained.

Resolved that:

1)     The Council’s Licensing Policy for the three year period commencing January 2011 be approved subject to the deletion of Newbury as a low risk area and the addition of ‘considering shorter licensing hours’ at 9.1.

2)     A notice be put into the Members’ Bulletin reminding Members that they are able to call for a review of a premise’s license.