Agenda item

To approve the Statement of Licensing Policy.

The Service Delivery Manager (Registrars, Public Protection, Legal & Democracy) presented the Draft Statement of Licensing Policy Consultation, 2026-2031.  It was reported that under Section 5 of the Licensing Act 2003 the councils’ Statement of Licensing Policy should be reviewed every five years.  A public consultation had taken place and an amended Policy produced by officers which was before Members for approval with a recommendation that the Policy be adopted by Full Council.

As the responsible authority, the council was responsible for the administration and determination of applications for personal licences, premises licences, club premises certificates and temporary event notices (TENs) as well as ensuring that licence holders complied with the four key licensing objectives being the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm.  The Statement of Licensing Policy remained complaint and reflected the local need in relation to licensing schemes across the borough. 

A six-week consultation had taken place and invitations to take part in the consultation had been sent to the police, public health, trading standards and the fire service, together with all licensing premises and qualifying clubs.  The consultation had also been advertised through communications channels.  The consultation closed on 5 December 2025 and a significant number of responses had been received compared to previous consultation exercises and these were set out in the report. 

Key themes from public health included violence against women and girls, Martyn’s Law, drink and needle spiking, safeguarding and CSE.  It was reported that the licensing authority could decide to look at the cumulative impact of licensed premises and could effect presumption and new applications be refused.  This approach had been taken in other areas of the country and had been prompted by significant cases of disorder with the police taking the lead in such matters.  In respect of the cumulative impact within Southwater this would be considered, if it was deemed absolutely necessary, but there was no indication locally that this would be required. 

The World Heritage Site Coordinator had requested inclusion of a paragraph in relation to the Iron Bridge to ensure consideration of the World Heritage Site’s character in licensing decisions and this would help to prevent any areas of friction. 

Licensing Security and Vulnerability Initiative (LSAVI) had asked for additional wording to reflect the positive impact of having the LSAVI accreditation within local licensed premises and this was something that should be encouraged.

General feedback received included the serving of alcohol near lakes or rivers, licensing provisions for Christmas and New Year, the use of gender-neutral terms in sections on Women’s and Vulnerable Safety, together with exit strategies, a proposal for a standard closing time of 11:00 pm for alcohol retailers, concerns about tables and chairs being placed on highways causing nuisance. 

It was explained that in relation to any conditions of licence, this would be dealt with at the point of application or a review would take place if necessary.    In relation to the gender-neutral initiative, this had been introduced within the policy where it was applicable, together with suitable language in relation to violence against women and girls.  The issue of tables and chairs would be dealt with under separate legislation from the Statement of Licensing Policy.

The Policy had been updated, where appropriate, to ensure inclusivity and safety with schemes such as Ask Angela, exit strategies and Martin’s Law.

During the debate, some Members felt that this was a thorough Policy and were heartened that constructive feedback had been received from the consultation.  A number of questions were raised in relation to whether the council consulted with organisations such as Womens Aid, how would the Policy be put into effect in real life to make a difference to protect the public, whether additional training requirements should be completed within a set timescale, what was the World Heritage Site was asking in relation to their request and were the high street businesses on board and how might the cumulative impact be implemented within Southwater.  

The Service Delivery Manager (Registrars, Public Protection, Legal & Democracy) reported that there was significant buy in to the LSAVI accreditation and that the council was in regular contact with organisations to look at the protection of women and girls, protecting children from harm and in relation to CSE.  The team were well trained and enforcement officers actively looked for any potential issues and how this would impact on the council’s priorities and this was taken very seriously.  The nighttime economy within the borough was well run and relatively safe.  In relation to training, the local authority set a gold standard expectation on premises, but it was a matter for the licensed premises to meet those standards.  If the standards continued not to be met the council would enforce, where necessary, and a review of a premises could come before Members who could impose sanctions or impose onerous conditions, a suspension or revocation of a premises licence.  This underlined the effectiveness of signing up to the LSAVI accreditation, which was particularly useful for smaller independent premises who may struggle on their own.  In relation to the World Heritage Site, this referred to the activities of licensing such as pavement licences and the effect this had when looking at the high street from the Iron Bridge.  The Team worked with potential applicants to ensure protection of the special character of the World Heritage Site. The local authority would keep the cumulative effect of licensed premises under review but there was no intelligence indicating any need for this in Southwater or elsewhere in the borough.  If this were to be considered, the onus would be on the applicant to demonstrate they would not add to the cumulative impact. 

The Licensing & Night-time Economy Manager reported that the Policy set out what the council expected of licensed premises and that, where necessary, they would have conversations and mediate to ensure that premises stay safely licensed.

RESOLVED – that Licensing Committee RECOMMEND TO FULL COUNCIL that they approve and adopt the amended Statement of Licensing Policy, to be implemented on 26 January 2026.