Licensing Act 2003 (LA2003) Statement of Licensing Policy 2022

Licensing Act 2003 (LA2003) Statement of Licensing Policy 2022

The Regulatory Committee of South Gloucestershire Council is undertaking a review of its LA2003 Statement of Licensing Policy. The revised policy, once adopted, is proposed to commence from 7th January 2022.

The purpose of the policy is to be balanced, in supporting business recovery, and will show the willingness of the Council and its partners to promote and encourage entertainment and its enjoyment whilst also being willing to tackle problems where they exist.

Please read the full draft policy, a more concise explanatory note for consultation and other supporting documents available through this page. There is also a survey available online or to download and print-off, in relation to the main policy proposals.

A brief overview of the Policy

South Gloucestershire Council is the Licensing Authority for the local area. The Licensing Authority is responsible for granting premises licences, club premises certificates, temporary event notices and personal licences with regard to the sale and/or the supply of alcohol, the provision of regulated entertainment and late-night refreshment.

The Licensing Act 2003 requires each Licensing Authority to undertake a review of their Statement of Licensing Policy every five years. South Gloucestershire Council is now conducting a further review, in view of the national health pandemic and its effects and would like to hear the views and comments of interested parties on the new draft Statement of Licensing Policy.

The Licensing Act 2003 provides a clear focus on the promotion of four statutory objectives which must be addressed when licensing functions are undertaken:

  1. The prevention of crime and disorder
  2. Public safety
  3. The prevention of public nuisance
  4. The protection of children from harm

The full, draft Statement of Licensing Policy addresses in detail the responsibilities of both the applicant and the Licensing Authority in meeting these objectives.

Legislation, Policies and Integrating Strategies

South Gloucestershire Council, as the Licensing Authority, is bound by a panoply of related legislation such as the Crime and Disorder Act 1988, the Human Rights Act 1998, the Health Act 2006 or Policing and Crime Act 2017. It also recognises the relationship between planning and building control policies and that licensing applications should not be seen as a re-run of the planning application process.

The Licensing Authority will need to be aware of other national strategies that may impact on the four objectives of the Licensing Function. These include Safer Nightlife, and the Government’s Alcohol Strategy 2020.

Where appropriate, the Licensing Authority will also take into account relevant local strategies and policies such as the Local Transport Plan, Safer and Stronger South Gloucestershire Plan, Alcohol Harm Reduction Strategy, Local Policing Plans and priorities set by the Police and Crime Commissioner.

In terms of the current Kingswood cumulative impact area (CIA) stated in policy, given the statutory footing that evidential requirements must be proven before such a policy can be adopted, the existing Kingswood CIA was based on evidence from before commencement of the Covid-19 pandemic, and is now proposed to be removed from policy.

Decision making

The Regulatory Committee of South Gloucestershire Council has delegated authority to carry out the Council’s functions and responsibilities under the Licensing Act 2003. The Committee has established a Licensing Sub-Committee that will primarily be responsible for hearing new, variation and review applications in relation to the Act.

Appendix 2 of the draft Statement of Licensing Policy reaffirms the detail of how the delegation of decision making will be allocated.

Consultation

A number of statutory consultees have been involved in drawing together this draft Statement of Licensing Policy including (but not exclusive to) the Chief Police Officer for the Licensing Authority’s area, the Police and Crime Commissioner, the Fire Authority for that area, such persons as the Licensing Authority considers to be representative of holders of Premises Licences, Club Premises Certificates, Personal Licences, as well as representatives of businesses and residents in its area. There are two important documents for interested parties to consider, the full draft policy with appendices, and a more concise explanatory note.

Find out more and have your say

We welcome comments on the draft Licensing Act 2003 (LA2003) Statement of Licensing Policy 2022between 26th July 2021 and the 18th October 2021. We are particularly keen to find out if you feel that all relevant areas are being considered and whether you think there are any specific impacts or alternatives that the council and its partners should consider. Information is also available from your local South Gloucestershire library and One Stop Shop.

You can find out more or tell us your views by:

If you would like someone to talk to your group or organisation about the draft policy, please contact us using the details above to arrange.

Timeline

  • Opened
    23 Jul 2021 at 00:00
  • Closes
    1 Nov 2021 at 23:59

Details

Marking a consultation as relevant to a particular audience indicates that it may be of special relevance to people within that group. It doesn't, however, mean that other groups wont find the consultation of interest - we welcome responses from everybody.
For example, education issues may be of particular interest to Parents & Guardians, and so will be shown to people searching the system for parenting issues, but the views of others (eg: Business, Faith Groups) are also relevant.