To consider the report
That the Central Licensing Committee agrees to
have regard for the general Strategic direction of the National Licensing
Policy Framework in respect of decisions made by its Sub Committee, and
That it agrees to incorporate the strategic
direction of the Framework into the next review of the Statement of Licensing
Policy in 2029.
Decision:
DECISION
·
To approve the general strategic direction of the National Licensing
Policy Framework in respect
of decisions made by its Sub Committee, and
·
To approve to incorporate the strategic direction of the Framework into
the next review of the Statement of Licensing Policy in 2029.
Minutes:
The Licensing Manager
submitted a report providing a summary of the changes that the Central
Government reform of the premises licensing system would impact on policy and
local Licensing decisions in Gwynedd.
It was explained that the Central Government, through
its Task Force that was responsible for reforming Licensing, had shown over the
years that more pressure was placed on public safety and crime prevention,
under the statutory licensing objectives, and less focus on business resilience
and growth.
In response to the finding, it was noted that the Task
Force's main initial recommendations were to create a National Licensing Policy
Framework (NLPF) to provide strategic non-statutory guidance for licensing
authorities in England and Wales with the aim of modernising licensing
practices, supporting economic growth and maintaining community protection
through proportionate, evidence-led regulation.
The Central Government
requested evidence and the views of stakeholders during a public consultation
period in October 2025, with emphasis on evidence relevant to the sale of
alcohol (pubs, nightclubs and entertainment under the Licensing Act 2003). Cyngor
Gwynedd responded to the request, as well as the majority of
other authorities in England and Wales and organisations such as the Welsh
Local Government Association, North Wales Police and Public Health.
It was reported that the statutory guidance for
Local Authorities (published under s182 Licensing Act 2003) continued to be in
force but had recently been reviewed by the Home Office Revised Guidance. It
was reiterated that the strategic guidance ensured that the core principles
highlighted by the National Licensing Policy Framework must be considered
locally when informing Statements of Licensing Policy and making decisions on
Licensing applications. It was elaborated that the proposed amendments included
facilitating better cooperation between Local Authorities and the hospitality industry; as well as better alignment between regeneration,
planning and licensing objectives.
Reference was made to how the
Framework would apply to the National Licensing Policy and local licensing
decisions in Gwynedd, and to the need for effective collaboration with the
Planning Service. Attention was also drawn to the responsibilities and duties
of officers and Members when making decisions in Central Licensing
Sub-committees. Despite the need to continue to conduct necessary safety
measures, it was noted that the National Framework emphasised that there was a
need for a dual method of community protection under the four licensing
objectives when considering supporting regeneration, investment and economy
growth.
The licensing authorities would be required to
demonstrate that the strategic direction of their Statements of Licensing
Policy addressed and considered the National Licensing Policy Framework.
However, the expectation was that this was not necessary until the next review
of the Statement to Licensing Policy in 2029.
The members thanked the officer for the report.
Observations arising from the ensuing discussion
·
Safeguarding
children was a priority
·
Any
system must ensure that safeguarding and safeguarding health were the main
considerations at licence hearings - concern that these amendments would lead
to a direction that would undermine this
In response to a question
regarding which Government was responsible for the amendments, the Licensing
Manager confirmed that the United Kingdom Government's Task Force had led on
the work, and she was unaware whether Welsh Government had responded to the
short consultation held during October 2025. However, she elaborated that the
Welsh Local Government Association had submitted comprehensive observations
highlighting concerns on how the Framework would be implemented in Wales.
In response to an observation
regarding the economic growth considerations at licensing hearings and the
Central Licensing Sub-committees had effectively already considered economic
matters, it was noted that the Government had alleged that there were inconsistencies
in arrangements by Authorities and therefore the measures were submitted to
address these.
In response to an observation
on how decisions under the new guidelines could cause difficulties in rural areas, it was noted
that the Authorities' officers, the Police and stakeholders had noted that a
system that provided more flexibility e.g. for pubs to hold outdoor
entertainment, could lead to an increase in offences and anti-social behaviour;
whilst doing nothing to address the density of the cases could possibly have a
negative impact on community well-being.
·
To approve the general strategic direction of the National Licensing
Policy Framework in respect of decisions made by its Sub-committee, and
·
To approve to incorporate the strategic direction of the Framework into
the next review of the Statement of Licensing Policy in 2029.
Supporting documents: