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Waverley Borough Council Committee System - Committee Document

Meeting of the Licensing and Regulatory Committee held on 01/12/2005
Licensing Act 2003 - Delegation of Authority to the Officers for Enforcement and Prosecution



ANNEXE 1

WAVERLEY BOROUGH COUNCIL

LICENSING (GENERAL PURPOSES) SUB-COMMITTEE – 1ST DECEMBER 2005

Title:
LICENSING ACT 2003 - DELEGATION OF AUTHORITY TO THE OFFICERS FOR ENFORCEMENT AND PROSECUTION

Introduction

1. The introduction of the Licensing Act 2003 gives powers and duties to the Borough Council in its new role as Licensing Authority to enter, inspect and enforce conditions at licensed premises and in respect of personal licence holders and Designate Premises Supervisors. In addition, some powers to prosecute for offences such as allowing disorderly conduct on licensed premises may be exercised by officers of the Council. Proceedings for such offences may be brought by the Police or by the Licensing Authority.

2. The officers have made occasional joint inspections with the Police and Fire authorities during the past year as a lead in and introduction to the legislation. However, they have not had any powers to take action under the legislation until it came into force on 24th November 2005. The legislation gives powers to the Police and other Relevant Authorities to deal with such items as public safety at the premises, sales to under-age people, sales to people who are already drunk, public order offences, protection of children from harm.

3. By Section 13(2)(d) officers, (such as Environmental Health Officers), who are already authorised to exercise powers associated with statutory functions for minimising or preventing risk of pollution or harm to human health are also authorised "for the purposes of the Act". However, other officers need to be specifically authorised by the Council to allow for them to exercise necessary powers of enforcement, such as the power of entry (given by Section 179 to a "constable or authorised person"). If requested, officers authorised by the Council must produce evidence of the authority to exercise powers of entry.

4. It is now appropriate to designate particular officers as "authorised persons" and authorise them, on behalf of the Council, to exercise specific powers. This will facilitate efficient and more effective use of officer time in responding to and investigating complaints and general enforcement. Officers authorised in this way should also undertake regular courses of specialised training.

Recommendation

That the Council be recommended that the following officers be authorised to act on behalf of the Council to carry out investigations and enforcement on behalf of the Council as Licensing Authority, pursuant to the following provisions (or their subsequent statutory amendments) of the Licensing Act 2003 and with regard to any associated offences:-

o The Chief Executive

o Head of Committee and Member Services

o Licensing Officer/Senior Licensing Officer

o Licensing Enforcement Officer

Section 33 : Licensee failure to notify change of name or address.

Section 40 : Failure to notify former designated premises supervisor of change to new designated premises supervisor.

Section 41 : Failure of former designated premises supervisor (removed at their own request) to surrender premises licence or provide statement explaining failure to do so.

Section 46 : Failure to give notice of transfer to designated premises supervisor.

Section 49 : Failure to notify designated premises supervisor of interim authority notice.

Section 56 : Failure to produce premises licence to Licensing Authority when required to do so.

Section 57 : Failure to hold or produce a (copy of) the licence and or failure to display a summary thereof.

Section 59 : Entry into premises the subject of an application and action to respond to obstruction of an officer requiring such entry.

Section 82/83 : Failure to notify change of club name or rules or registered address.

Section 93/94 : Failure to surrender club premises certificate for updating on request, or give notice of who keeps the certificate, or produce it on request.

Section 96 : Entry on to premises subject to application for club premises certificate for inspection and action to respond to obstruction of an officer requiring such entry.

Section 108 : Entry on premises referred to in a temporary event licence for assessment of effect on crime prevention objective and action to respond to obstruction of an officer requiring such entry.

Section 109 : Failure to display or to produce temporary event notice on request.

Section 123 : Failure to notify Licensing Authority of conviction for relevant or foreign offence.

Sections 127,
128 and 132 : Failure to notify authority change of address or name of personal licence holder, or court of personal licence being held, or authority of convictions.

Section 134 : Failure to produce personal licence to Licensing Authority for endorsement of conviction on request.

Section 135 : Failure to produce personal licence when on premises and requested to do so.

Part 7 : Any assessment or investigation or other action required for the prevention, detection or prosecution of offences referred to in Sections 136 to 158, Part 7 of the Act (or such other offences as may be included by statutory amendment in Part 7 or as are of a similar character).

Sections 160,
161 and 165 : Permitting premises to be open in contravention of a closure order (or any extension of it) or

Section 168 : while subject to review.

Section 179 : Rights of entry on premises believed to be in use or about to be used for a licensable activity with a view to seeing whether activity is or is about to be carried on under and in accordance with an authorisation.

comms/licensing/2004-05/147