Licensing Act 2003

Introduction

The Authority recognises that the entertainment/leisure industry is a major contributor to the economy and cultural development of the Borough. The Authority wishes to encourage licensees to provide a wide range of entertainment activities within the Borough throughout their opening hours to promote live music, dance, theatre etc for the wider cultural benefit of the community.

The Authority will endeavour to carry out its licensing functions in a way that ensures public safety, supports well managed premises, where licence holders display sensitivity to the potential impact of activities on local residents and businesses and protects residents from detrimental effects.

The Authority will have regard to how littering and fouling, noise, street crime and the capacity of the Authority's infrastructure, resources and police resources impact on the licensing objectives. In adopting this policy, the Authority recognises that each application will be considered on its individual merits.

The Authority will work in partnership with the police, residents and all local businesses to promote the licensing objectives. This policy will be further developed in consultation with the consultees listed in Appendix 1, and whilst it is prepared for the Authority's area, it also takes account of the position in adjoining Authorities where common boundaries exist.

Background

Ribble Valley Borough Council (the Council) is designated as the Licensing Authority ("the Authority") under the Licensing Act 2003 ("the Act") and is responsible for granting all licences designated under the Act in respect of the sale and/or supply of alcohol, the provision of regulated entertainment and late night refreshment.

Section 5 of the Act requires each local authority to produce a statement of licensing policy before any applications for licences can be accepted. This statement has been prepared in accordance with the guidance (the Guidance) that the Secretary of State has issued under Section 182 of the Act. Applicants are asked to have regard to the Guidance before submitting applications under the Act.

This statement sets out the considerations that the Council will take into account when considering applications for licences under the Act and the policies that the Council will generally apply.

Following The Police Reform and Social Responsibility Act 2012 ("2012 Act") which came into force on 1 April 2013, a licensing authority must now determine and publish its Statement of Licensing Policy every five years rather than three.

At its meeting on 15 December 2020 and, following a 6 weeks consultation period, the Council’s Licensing Committee agreed to adopt the revised Licensing Policy Statement 2021-2026.

This statement shall be effective from 7 January 2021 and shall remain in effect for five years until 6 January 2026. Prior to its expiry it will be subject to review and further consultation if required.

The statement provides guidance to the police, applicants, objectors and interested residents and businesses on the approach that the Council will take towards licensing following the introduction of the new Act. It may be subject to review pending the compilation of information specifically relating to the Ribble Valley Borough Council area and the outcome of consultation with local bodies, organisations and residents. A list of consultees is contained in Appendix 1 to this policy statement.

The Council will be mindful of other legislation, which may impact on the promotion of the Licensing Objectives. These will include:

• Crime and Disorder Act 1998 as amended by the Police Reform Act 2002

• Clean Neighbourhoods & Environment Act 2005

• Health Act 2006

• Anti-Social Behaviour Act 2003

• Race Relations Act 1976 as amended by the Race Relations (Amendment) Act 2000

• Policing and Crime Act 2009

• Crime and Security Act 2010

• Criminal Justice and Police Act 2001

• Private Security Industry Act 2001

• Violent Crime Reduction Act 2006

• The Human Rights act 1998

• The health and Safety at Work etc Act 1974

• The Environmental Protection Act 1990

• The Equality Act 2010

• The Police Reform and Social Responsibility Act 2012

• The Anti-Social Behaviour Crime and Policing Act 2014

• The Live Music Act 2012

• The Deregulation Act 2015

• The Data Protection Act 2018

The Council will also have regard to Government and Council strategies, for example the Ribble Valley Borough Council Safer Events Policy, so far as they impact on the licensing objectives.

Policy for Determining Film Classifications

The Policy for Determing Film Classifications was reviewed by the Council’s Licensing Committee at its meeting on 12 July 2016. It was then subject to an eight week consultation period, during which time consultees and members of the public could submit comments. The consultation concluded on 9 June 2016.

At the full Council meeting on 12 July 2016, Members approved the Policy for Determining Film Classifications. 

Cumulative Impact Assessment for Whalley

At its meeting on 29 January 2019 the Council's Licensing Committee considered and approved a draft Cumulative Impact Assessment for Whalley. It was then subject to a six week consultation period during which time consultees and members of the public could submit comments. The consultation ended on 12 March 2019.

At the full Council meeting on 30 April 2019, Members approved the Cumulative Impact Assessment for Whalley for inclusion in the Council's Licensing Policy Statement.

In accordance with section 5A(7) of the Licensing Act 2003, the Council has considered whether it remained of the opinion stated in the 2019 CIA that such a control was required.  The Council considered updated evidence from 2021 and 2022, together with representations from the community, and remained of the opinion that a CIA was still required for the Whalley and Painter Wood ward.  Accordingly, at its meeting on 26 April 2022 the Council approved the Whalley Cumulative Impact Assessment 2022-2025 to form part of the Council’s Statement of Licensing Policy.