Agenda and minutes

Apologies for absence were received from Councillors Mahon and Friel (Substitute Member for Councillor Mahon).

Members and Officers are requested to give notice of any personal or prejudicial interest and the nature of that interest, relating to any item on the agenda in accordance with the relevant Code of Conduct.

No declarations of interest were received.

Minutes of the meeting held on 15 June 2009

RESOLVED:

That the Minutes of the Meeting held on 15 June 2009 be confirmed as a correct record.

To consider, in accordance with Minute No. 8(3) of the Licensing and Regulatory Committee held on 7 June 2010 the powers available under the Licensing Act 2003 to tackle issues of serious crime.

Further to Minute No. 8 (3) of the meeting of the Licensing and Regulatory Committee held on 7 June 2010, the Committee considered the powers available under the Licensing Act 2003 to tackle issues of serious crime.

Constable Steve Woods, Licensing Officer, Sefton Police Licensing Unit, Mr. Kevin Coady, Senior Licensing Officer, Sefton Council and Mrs. Sue Cain, Solicitor, Sefton Council, provided guidance to members on this matter.

Arising from the discussion, the following issues were raised:

• under the terms of the Licensing Act 2003, Licensing Authorities had limited powers for addressing serious crime and disorder issues on their own;

• in incidents where a Licensed Premises could be directly linked to serious crime and disorder, the Police could apply to the Council, under Section 53A of the Licensing Act 2003, to undertake a Summary Review of a Premises Licence;

• an application for a Summary Review could only made by the Chief Superintendent for Merseyside Police Authority;

• since April 2009 the Police Authority and Sefton Council have used the Summary Review process to good effect in tackling serious crime and disorder associated with a number of its Licensed Premises across the Borough;

• Sefton’s Licensing Authority was held in high regard nationally for its effective use of the Summary Review process;

• the Police also had the power under Section 160 of the Act to apply for a Closure Order, but only where there was, or expected to be, disorder; and under Section 161 of the Act, to make a Closure Order where there was, or likely to be disorder on or in the vicinity of a premise;

• an authorised officer of the Licensing Authority also had powers to close a premise where such premise had been operating illegally without a Premises Licence, under Section 19 of the Criminal Justice and Police Act 2001.

RESOLVED:

That it be noted that the Licensing Authority’s powers to tackle issues of serious crime are limited, but these powers, by way of the summary Review process, have been used to good effect.