Agenda item

The council in its role as a Licensing Authority under the Licensing Act 2003 has a duty to determine, publish and keep under review its Statement of Licensing Policy (‘Policy’) which covers a five-year period but can be replaced at any time during that five-year period.  The current Policy is due to expire on the 5 January 2025 and this report therefore presents the outcome of the review and proposed new Licensing Policy for formal adoption.

Members are asked to note that the policy is also due to be considered by Cabinet on 12 November 2024 with any comments made as a result to be reported to Council as part of consideration of the final policy for adoption.

(Agenda republished on 16 November 2024to include an updated cover report including comments added following the Cabinet meeting on 12 November 2024)

Please note, this item also includes reference to the following two documents as background papers:

·        Licensing Policy Consultation responses

·        Equality Assessment

These documents have been published as a separate supplementary pack to accompany the main Council agenda.

The Mayor invited Councillor Krupa Sheth, as Cabinet Member for Environment & Enforcement, to introduce a report from the Corporate Director of Neighbourhoods & Regeneration presenting the outcome of a review of the Council’s Statement of Licensing Policy and updated Policy being recommended for formal adoption following that review.

In moving the report, Councillor Krupa Sheth advised members of the duty placed on the Council, in its role as a Licensing Authority under the Licensing Act 2003, to determine, publish and keep under review a Statement of Licensing Policy covering a five-year period.  Members were advised that as the current Policy was due to expire on the 5 January 2025 the report presented the outcome of the current review and changes identified as a result, which had been designed to meet statutory requirements and the evolving needs of local communities across the borough.  As such, members were advised the Policy was as a key document not only in terms of defining the approach adopted towards the way licensing the sale of alcohol, late-night refreshments, and licensed venues was managed but also in providing guidance to applicants and license holders and in setting out the Council’s (as Licensing Authority) expectations on compliance, community safety, and the integration of the licensing approach with broader council strategies.  Members were advised that, subject to formal approval and adoption, the new Policy would become effective from January 2025 with the content having been designed to carefully align with the Borough Plan priorities in terms of supporting Prosperity and Stability in Brent, a Healthier Brent, and Thriving Communities.

The new Policy had also included a number of updates, which had reflected an evidence based approach towards their development as well as feedback from Responsible Authorities with the changes designed to address key issues such as alcohol-related crime, health impacts, and nuisance affecting local communities based around 32 specific policies .  These included measures for twelve cumulative impact zones (based on areas identified as facing challenges due to high levels of street drinking and alcohol-related incidents) seeking to limit the growth of new off-licences and other alcohol-serving establishments in an effort to reduce cumulative impact on local residents.  In addition, the Policy had also sought to address a number of critical and emerging areas and priorities including (in preparing for the introduction of Martyn’s Law) measures for enhanced event and venue safety, including risk assessments and emergency preparedness; introducing targeted measures to improve safety and reduce harm for women and vulnerable populations focussed around the nighttime economy; provide enhanced oversight of delivery services and dark kitchens to ensure they meet (given the growth of these type of businesses) the same standards as traditional licensed premises and the introduction of clear expectations for licensees to prevent and respond to drink spiking.  Members attention was also drawn to the additional background papers circulated for reference purposes alongside the main report in relation to the Equality Assessment and consultation responses received as part of the review process and agreement by Cabinet (who had considered and approved the Policy for reference to Council on 12 November 2024) that the Policy and any subsequent associated feedback would continue to be subject to ongoing review.

The Mayor thanked Councillor Krupa Sheth for introducing the report and then opened the debate for contributions from other members.

Speaking in support of the Policy, Councillor Chan took the opportunity to outline the extent of nuisance for local residents and businesses and public health related harm being created as a result of the sale of low cost and high strength alcohol across the borough and specifically within Harlesden.  The decision to retain the policy on a voluntary Minimum Unit Price was therefore welcomed as a positive measure arising from the review with the overall approach outlined within the Policy commended.

As a further contribution, Councillor Lorber also spoke reiterating the concerns highlighted during the councillor question time session earlier in the meeting regarding the balance and relationship between licensing and planning objectives in the considering of applications relating to specific premises.  As an example, reference was again made to a former retail property located on Ealing Road (Alperton) for which late night music and entertainment related activities had been licensed despite the building not having what was felt to be relevant planning permission.  This had led to concerns being raised in terms of venue safety and was felt to highlight an anomaly in the legislation and need for a more co-ordinated approach between the licensing and planning regime.

As no other members indicated they wished to speak the Mayor thanked members for their contribution and invited Councillor Krupa Sheth to exercise her right of reply.  In closing the debate, Councillor Krupa Sheth took the opportunity to specially thank Councillor Chan and other members for their ongoing support in relation to the Policy and the Mayor then moved on to put the recommendations in the report to the vote which were declared CARRIED.

Council therefore RESOLVED following its referral by Cabinet on 12 November 2024 to approve the revised Statement of Licensing Policy (5 January 2025 – 4 January 2030) for adoption as detailed within Appendix 1 of the report.