Bromley Council Public Consultation on Licensing Policy – comments by 10 Sept 2012

Our licensing policy has been amended to reflect the changes in law introduced  by the Police Reform and Social Responsibility Act 2011 and the revised guidance issued by the  Secretary of State. We are required to undertake public consultation on any change to the policy.

Main changes

• The Licensing Authority is now also a Responsible Authority which means that it can now make representations on applications in its own right and can also make applications to review a licence.
• The council must now suspend a licence if the annual fee is not paid.
• The policy now refers to the councils guidance to members hearing a review.
• The section on licensing hours has been revised in light of the Secretary of States guidance
• Councils will be able to justify licensing decisions as being ‘appropriate’ rather than ‘necessary’ to promote the 4 Licensing Objectives. The policy has been updated to reflect this
• Copies of licence applications will have to be sent to The Director of Public Health who becomes a Responsible Authority under the Act and can make representations on individual applications.
• Anyone can now make a representation on a licence application. Previously only people living or working in the ‘vicinity’ of the premises could comment on an application.
• The section on ‘Diversity and Equality’ has been rewritten
• The statutory period for formally reviewing the councils Statement of Licensing Policy is increased to five years from three years. This means that our current policy will now need to be reviewed in 2016.
• The section on applicants for Personal Licences with previous convictions has been revised to allow greater flexibility for licensing subcommittees to grant a licence in exceptional and compelling circumstances.

Temporary Event Notices

• The key change is to allow Environmental Health Officers (EHO’s) as well as the Police to object within 3 working days to a Temporary Event Notice on the basis of all 4 licensing objectives.
• To give licensing authorities discretion to apply existing licence conditions to a Temporary Event Notice.To allow a limited number of late Temporary Event Notices to be made (i.e. those submitted less than 10 working days, but more than 5 working days, before the beginning of the event) unless there are objections by the Police or EHO’s.
• To increase the total annual period covered by a temporary event notice in a single premises from 15 days to 21 days per year.
• The period covered by each Temporary Event Notice has been increased to 168 hours from 96 hours.

You can view or download a copy of the draft statement of licensing policy 2014-16

Your views and how to respond

If you have any comments please make them by 10 September 2012

• email paul.lehane@bromley.gov.uk
• write to Paul Lehane, Public Protection, Civic Centre, Stockwell Close, BR1 3UH