Agenda item

Mick Sims, Licensing Manager, outlined a report to advise members of  amendments made to Schedule 2 of the Licensing Act 2003 regarding Section 71 of the Deregulation Act 2015, which took effect on 5^th November, and of the recently published Home Office Guidance on the licensing of late night refreshment.

The Officer highlighted that the Deregulation Act gave Local Authorities the power to exempt premises in certain circumstances, from the requirement to need a licence to provide late night refreshment.  The Guidance would also help businesses who wanted to provide hot food and drink to establish whether they would require a licence under the 2003 Act.

The Committee was reminded that the Council, as the Licensing Authority under the Licensing Act 2003,

determined all applications for relevant Licensable Activities including late night refreshment. The Officer discussed the definition of late night refreshment and the new regulations which gave Licensing Authorities powers to exempt premises, in certain circumstances, from the requirement to have a licence to provide late night refreshment as set out in the report.

It was noted that if a premises became exempt from the requirement to hold a Premises Licence for the sale of hot food, but did not surrender it, there was no requirement for the Licence Holder to continue to pay an annual fee, if the Premises Licence only permitted late night refreshment.

The Committee was requested to note the report and was advised that a further report would be submitted to the Committee following liaison with Thames Valley Police.

Members raised a number of points of clarification including the licensing of late night garages.

Resolved-  That the report be noted.