1.         PURPOSE OF REPORT AND EXECUTIVE SUMMARY

1.1    This report updates Members on the proposed Compliance and Enforcement policy to be introduced across the Licensing Partnership. A service specific policy will help to ensure that consistency can be applied across the Licensing Partnership through the harmonisation of policies. 

1.2    It is best practice that the Council reviews the policies on Compliance and Enforcement processes from time to time to ensure the most current information and guidance is made available to applicants, and that the policy takes into consideration the most recent legislation and resources available to the Licensing Partnership.

2.         INTRODUCTION AND BACKGROUND

2.1    Maidstone Borough Council as the Licensing Authority has responsibility for licensing and registering a range of functions in the interests of public safety and protection.  As such, we have a moral and legal duty to continue upholding the requirements of various legislation by which we are governed.

2.2    It is best practice to be transparent and concise in how we, as the Licensing Authority achieve compliance and enforcement.  It is important to review our policy, including our approach to compliance and enforcement matters to reflect change over time, changes in resources and to reflect changes in legislation in order to maintain public confidence and continue to achieve public safety and prevent offences being committed under the various Acts.

2.3  A Compliance and Enforcement Policy enables clarity on the position of licence holders, what is expected of them, steps the Licensing Authority would expect them to take to rectify an issue and steps we may take to resolve an issue in relation to non-compliance and offences under various Acts.

2.4    The draft Policy at appendix A if adopted will also act as new guidance to Members of the Licensing Committee/Sub-Committee when making decisions on the status of a licence.  The guidance will outline actions that are reasonable and proportionate to ensure decisions are fair, in the public interest and proportionate and that any decision taken is defensible.            

2.5    Compliance and enforcement is important to maintain integrity and confidence in the various licensing regimes to prevent anyone obtaining an unfair advantage through unlicensed activities and to ensure the security and safety of the public.  

2.6    Some functions in which we have a duty to ensure requirements, regulations and various licensing objectives are upheld include:

(a) hackney carriage and private hire drivers and vehicles and private hire operators;

(b) alcohol, entertainment and late night refreshment;

(c) charity collections;

(d) sex establishments; 

(e) gambling premises, permits and lottery registrations;

(f) scrap metal dealers and collectors.

            (g) street trading

This Licensing Compliance and Enforcement Protocol seeks to cover all relevant licensing functions and all related topics.

3.         AVAILABLE OPTIONS

3.1  Adopt a specific Compliance and Enforcement Policy to reflect the current legislation and the          resources available in relation to the Licensing Partnership. This encompasses a wider range of         enforcement requirements relating to licensable activities in order to achieve public safety and            enable a consistent approach across the Partnership (Option 1).

3.2  To retain the existing umbrella policy in isolation, however this would not fulfil the needs of the         Licensing Partnership to enable greater harmonisation of policies and consistency of approach      or be service specific (Option 2).

4. PREFERRED OPTION AND REASONS FOR RECOMMENDATIONS

4.1 Option 1: To introduce a Service specific up-to-date Enforcement and Compliance Policy to encourage consistency across the Partnership and working towards the service objectives of      harmonisation of policies where feasible.   

5.  CONSULTATION RESULTS AND PREVIOUS COMMITTEE FEEDBACK

6. NEXT STEPS: COMMUNICATION AND IMPLEMENTATION OF THE DECISION

6.1 If Members consider and approve the proposed recommendation, the policy will come into effect once it has been adopted by the Communities, Housing & Environment Committee. The Policy will then be published on the Council’s website.

7. CROSS-CUTTING ISSUES AND IMPLICATIONS

3         REPORT APPENDICES

The following documents are to be published with this report and form part of the report:

·         Appendix A -  Draft Licensing Compliance and Enforcement Policy

·         Appendix B - Kent Licensing Compliance and Enforcement Protocol 2014

4          BACKGROUND PAPERS

None