Memorandum by the Office of the Deputy
Prime Minister (EVN 01)
EXECUTIVE SUMMARY
1. This memorandum describes progress on
Government-wide policies relevant to the Evening Economy and Urban
Renaissance Inquiry. In preparing this memorandum, ODPM has co-ordinated
responses from the Home Office and the Department of Culture,
Media and Sport (DCMS). Supplementary updates are also included
from the Department for Environment, Food and Rural Affairs (DEFRA)
and the Department for Transport (DfT). Other Government departments
that have contributed to this memorandum remain responsible, however,
for their specific policy areas.
2. Since the Committee's original inquiry
into the Evening Economy and the Urban Renaissance in 2003, a
great deal of progress has been made across Government as the
increasing importance and potential of the evening economy is
being recognised. Major reform of the planning system has occurred
through the introduction of the Planning and Compulsory Purchase
Act 2004, which will directly and indirectly assist the development
of the evening economy. The soon to be released Planning Policy
Statement 6 (PPS6): Planning for town centres will outline
the Government's policy on monitoring and reviewing town centre
policies and proposals, providing further guidance and focus for
evening economy activities in city centres. Statutory Guidance
to Licensing Authorities has also been issued under the Licensing
Act 2003.
3. As part of disseminating evening economy
best practice, the "How To" programme has been developed
by ODPM. The first "How To" Guide on managing town centres
(to be launched on 15 March) focuses particularly on managing
the evening and late night economy, and has been written in collaboration
with other departments, including the Home Office.
4. Business Improvement Districts are now
being piloted and an annotated literature review on "Good
Practice in Managing the Evening and Last Night Economy"
was circulated by ODPM to all local authorities and other key
organisations involved with the evening economy.
5. The Clean Neighbourhoods and Environment
Bill that DEFRA are leading on is likely to address outstanding
environmental issues that exist in the evening economy and will
provide greater powers for local authorities to deal with waste
created by related activities. The National Alcohol Harm Reduction
Strategy was launched in March 2004, and the Home Office is now
implementing those recommendations focussed on reducing crime
and disorder.
UPDATE ON KEY RECOMMENDATIONS RAISED BY THE
COMMITTEE IN THE 2003 INQUIRY INTO THE EVENING ECONOMY AND THE
URBAN RENAISSANCE
A MANAGEMENT STRATEGY
Recommendation 1 (Paragraph 26): Successful management
of the evening and late night economies will require action plans
and strategies that encompass both the planning and licensing
regimes.
6. A key component of the new planning system
introduced under the Planning and Compulsory Purchase Act 2004
is the new style Local Development Frameworks (LDFs) which local
planning authorities are required to prepare. Under the new spatial
approach to planning, LDFs enable local planning authorities to
bring together and integrate policies for the development and
use of land with other policies and programmes which influence
the nature of places and how they can function. This can include
mechanisms to more effectively manage the evening economy in town
centres. LDFs should generally conform with the new statutory
Regional Spatial Strategies (RSS), prepared by the Regional Planning
Bodies.
7. Local Development Documents (LDDs), which
local planning authorities need to prepare within the scope of
LDFs, will need to have regard to Community Strategies. Local
authorities will need to develop a vision and strategy for their
areas which will need to inform and be informed by any town centre
strategies or other plans, programmes or corporate strategies,
such as Statements of Licensing Policy or Local Transport Plans.
8. As town and city centres are likely to
be areas of significant change, they may be candidates for specific
proposals in Development Plan Documents (DPDs) such as Area Action
Plans. These Plans can help shape the future pattern of development
in town centres, including their evening economy, by setting out
the relevant planning policies and proposals and indicate where
specific changes of use will be controlled. Local planning authorities
may also produce Supplementary Planning Documents (SPDs) which
may be suited to deal effectively with detailed evening economy
issues in an integrated way. Through the preparation of LDFs,
the planning system offers local communities and other stakeholders
real opportunities to influence how they want their areas to be
managed and developed, including the evening economy.
9. In regards to licensing, Statutory Guidance
issued by the Secretary of State for Culture, Media and Sport
to licensing authorities in July 2004 under section 182 of the
Licensing Act 2003 included the following statement:
"The Secretary of State recommends that
statements of policy should provide clear indications of how the
licensing authority will secure the proper integration of its
licensing policy with local crime prevention, planning, transport,
tourism, race equality schemes, and cultural strategies and any
other plans introduced for the management of town centres and
the night-time economy."
10. Licensing authorities were required
to produce and publish statements of licensing policy by 6 January
2005. Since February, licensing authorities have been able to
deal with requests for premises and personal licensing applications
under the 2003 Act.
Recommendation 2 (Paragraph 29): The Office of
the Deputy Prime Minister should require every local authority
to produce a strategy detailing how they intend to manage the
evening and late-night economies and associated problems. Each
strategy should be developed in conjunction with all relevant
parties and should include baseline data regarding: number and
concentration of licensed premises and late-night take-aways:
environmental problems, including flyposting, rubbish and street
urination: crime and disorder, including graffiti and vandalism:
availability of public and private transport, including late night
car parking facilities; closing times of public conveniences;
policing resources; cleansing times and records of complaints,
especially relating to noise.
11. The Government remains of the view that
new plan requirements are counter to our policy of rationalising
and reducing the number of planning requirements placed on councils.
This is in line with the principles the Ministerial Committee
on Local Government agreed in 2002—the first principle is
a presumption against the imposition of any new planning requirement
from central Government.
12. Where considered a local priority and
as agreed with Local Strategic Partnerships, planning for the
evening and late night economies could be considered when local
authorities revise Community Strategies that outline plans for
the economic, social and environmental well-being of their areas.
13. Comprehensive, relevant and up-to-date
monitoring is essential to the effective management and planning
and management of town centres. LDF Annual Monitoring Reports
(which local authorities will prepare under the Planning and Compulsory
Purchase Act 2004) can make a contribution to the effective monitoring
of the evening economy. Guidance on monitoring LDFs was issued
to local planning authorities by ODPM on 28 February 2005. Planning
Policy Statement 6 (PPS6): Planning for town centres, which
will be released shortly, will set out the Government's policy
on monitoring and reviewing town centre policies and proposals,
including how local planning authorities can measure the vitality
and viability of their town centres.
DISSEMINATION OF
BEST PRACTICE
Recommendation 3 (Paragraph 30): The findings
of the Office of the Deputy Prime Minister's Special Grant Programme
funded Civic Trust pilot studies into the evening and late-night
economies to identify best practice be taken account of in the
Office of the Deputy Prime Minister's forthcoming review of Planning
Policy Guidance 6.
14. The Civic Trust were awarded funding
over a three-year period (2003-06) under ODPM's Special Grant
Programme to develop good practice in this field through a set
of national case studies. ODPM will wish to consider the research
results and recommendations as they become available so that lessons
can be disseminated to a wide audience, although these will not
be available in time to feed into the forthcoming PPS6.
15. An initial report from the project,
"Good Practice in Managing the Evening and Late Night
Economy: A Literature Review from an Environmental Perspective"
was published by ODPM on behalf of the Civic Trust/University
of Westminster in October 2004. This literature review is the
first time current knowledge and best practice has been pulled
together to share experience and good practice.
16. Effective implementation of the Licensing
Act 2003 and Planning Policy Guidance plus many other activities
that influence town centres will require support for practitioners
and better dissemination of good practice if we are to have cleaner,
safer, greener communities.
17. That is why we are aiming to engage
with leaders and practitioners to sustain a climate of innovation
and good practice through our "How To" programme. As
part of our role in leading the delivery of cleaner, safer, greener
communities, ODPM developed the How to Manage Town Centres Guide
in close collaboration with other government departments, particularly
the Home Office. The Town Centres Guide seeks to address the current
priority of managing the night time economy to avoid alcohol related
disorder. This recognises that a strategic management approach
that brings together the local partners in public authorities,
business and residents is essential to making best use of the
available resources, tools and powers at the disposal of those
involved.
18. The overall programme will include:
— three guides—setting out the
issues, approaches and best practice in town centres (to be launched
on 15 March), open spaces (to be launched in May/June) and residential
areas and parks, in order to stimulate discussion;
— events, seminars, masterclasses—to
explore how to apply in practice the issues identified in the
guides;
— a helpline and online support—to
answer practitioners' questions quickly and conveniently; and
— close working with towns and cities—to
try out new approaches and discover best-practice solutions to
the issues identified in the guides and at events.
19. As the programme develops, ODPM will
be building on the experience of local areas through an academy
style approach (including continued working with the Home Office
Together Academy) which inspires local action and learning from
the application of innovative ideas. Once it is published, the
need to use approaches set out in PPS6 will also explained and
promoted.
PLANNING LEGISLATION
Recommendation 4 (Paragraph 36): In its forthcoming
review of Planning Policy Guidance 6, the Office of the Deputy
Prime Minister promote the spreading of evening and late-night
economy activity throughout town and city centres thereby encouraging
genuine mixed-use areas, rather than its concentration in one
or more zones.
20. The consultation draft of PPS6 (December
2003) made it clear that a diversity of uses in town centres makes
an important contribution to their vitality and viability and
that local planning authorities should therefore encourage diversification
of uses in the town centre as a whole, and ensure that tourism,
leisure and cultural activities are dispersed throughout the centre.
Different but complementary day and evening uses can reinforce
each other, making town centres more attractive to both residents
and visitors.
21. Draft PPS6 also stated that in planning
for the evening economy local authorities should, where appropriate,
consider identifying distinct quarters where the evening economy
might be concentrated. A number of respondents to draft PPS6 raised
concerns about these leisure quarters, on the basis that this
could lead to further concentrations of leisure uses and exacerbate
problems associated with this.
22. These concerns were addressed in draft
PPS6, which made it made clear that local planning authorities
should consider the scale and quantity of leisure developments
they wish to encourage and their likely impact, including the
cumulative impact on the character of the centre, anti-social
behaviour, and the amenities of nearby residents. However, the
Government is sympathetic to the concerns that have been raised
and will carefully consider these points further in finalising
PPS6.
Recommendation 5 (Paragraph 41): The Government
reconsider its desire to deal with issues of cumulative effect
exclusively through the planning system. We continue to be convinced
that cumulative effect is best dealt with through the more flexible
licensing system.
23. The Government has now published changes
to the Use Classes Order (UCO). The changes include the splitting
of Use Class A3 (food and drink) into three new classes: Class
A3 (restaurants and cafés), Class A4 (pubs and bars) and
Class A5 (hot food take aways). The UCO will also be amended to
exclude night clubs from any specified use class. These changes
will enable local planning authorities to exercise tighter planning
controls over the number and type of premises selling alcohol
for consumption on the premises.
24. The changes to the UCO are contained
in two published statutory instruments, one amending the UCO itself,
the other amending the General Permitted Development Order. These
statutory instruments will come into effect on 21 April 2005.
25. The Committee also recommended that
ODPM place super-pubs and night clubs in a new, separate division
of "D" use class category (Recommendation 6). The creation
of a separate Use Class for pubs and bars (Class A4) will mean
that any proposal to establish a new pub or bar of whatever size
would be subject to planning consent.
26. The Statutory Guidance to Licensing
Authorities issued by the Secretary of State for Culture, Media
and Sport in July 2004 sets out extensive advice about the cumulative
impact of a concentration of licensed premises on the four licensing
objectives.
Recommendation 7 (Paragraph 43): That the documentation
accompanying the Government's forthcoming revision of the use
classes orders, recognises and offers guidance, on the potential
problems caused by late opening shops and take-aways.
27. As indicated in the updated response
to Recommendation 2, the Government will shortly be publishing
Planning Policy Statement 6 (PPS6): Planning for town centres
which will set out the Government's planning objectives for
town centres, including managing the evening economy. In addition,
as indicated in response to Recommendation 5, the changes to the
UCO will create a separate Use Class A5 for hot food take aways.
These changes will enable local planning authorities to exercise
tighter controls over the types of premises they wish to permit
in their town centres.
Recommendation 8 (Paragraph 44): That the Government
issue advice and guidance for planning authorities on how to use
planning conditions, to ensure the interiors of premises are fit
for the purpose they state in their planning application all of
the time.
28. The Government's previous response to
this recommendation is largely unchanged. There would be practical
and legal difficulties in attempting to use planning conditions
to control this problem. Changes to the internal arrangements
of buildings do not require planning permission so any condition
which attempted to regulate internal arrangements would not be
enforceable.
Recommendation 9 (Paragraph 45): That the Office
of the Deputy Prime Minister introduce a requirement for areas
immediately surrounding late-night premises to be cleansed and
maintained by operators.
29. As outlined in the Government's response
to this recommendation in 2003, local authorities currently have
the power to deal with the problem identified by the Committee
under the Environmental Protection Act 1990. The Clean Neighbourhoods
and Environment Bill contains proposed improvements to the existing
power already available to local authorities for dealing with
street litter in section 93 of the Environmental Protection Act
1990. The Bill will make it an immediate offence to fail to comply
with a street litter control notice, and local authorities will
be given the option of issuing a fixed penalty notice as an alternative
to prosecution. The Bill will also extend the scope of the notices
so that they can be used where stalls, vehicles and other mobile
food outlets are causing a litter problem, for example, late-night
burger and kebab vans.
30. In November 2004, DEFRA launched its
voluntary code of practice for Reducing litter caused by "food
on the go", which fast food outlets, take aways, and
other retailers selling food items are encouraged to sign up to.
The code provides a suggested framework for dealing with litter
and waste, through joint co-operation. These voluntary measures
are supported by the litter provisions in the Bill.
31. The Licensing Act 2003 also contains
provisions to assist with the problem of litter generating by
late night premises. The inclusion of late night food outlets
in the licensing system will allow local authorities to impose
conditions on the operation of the premises relating to litter
or other types of nuisance that may arise, such as requiring an
agreed code for management of litter and waste.
Recommendation 10 (Paragraph 48): That the Building
Regulations and Noise Acts are reviewed in regard to the evening
and late-night economies. We suggest there should be a requirement
for premises to install sound delimiters or create sound locks
in entrance halls, which open onto the street.
32. To help deal with noise from pubs and
clubs, the Government are seeking, through the Clean Neighbourhoods
and Environment Bill, to extend the existing provisions of the
Noise Act 1996 to cover noise from licensed premises, including
temporary licenses. This measure will mean that once the person
responsible for the licensed premises has been warned about excessive
noise, it will be an offence (punishable by a fine of up to £5,000
or a fixed penalty of £500) to exceed the set noise level.
The permitted noise level will be established before implementation
of the Bill, should it become law.
33. In addition, the Institute of Acoustics
has recently published a Good Practice Guide on The Control
of Noise from Pubs and Clubs (March 2003). The guide does
not include objective noise criteria, but DEFRA is currently investigating
the validity of such criteria and working on proposals for any
necessary amendments that might support their further development
and incorporation into future guidance.
34. It would be an unnecessary burden to
require all premises with entrance halls opening onto the street
to be fitted with sound delimiters or sound locks. Steps such
as these can already be stipulated, where necessary, amongst the
conditions imposed by an abatement order issued by the local authority
under the Environmental Protection Act 1990.
35. The Building Regulations currently only
control the sound insulation between newly built or converted
dwellings, and do not address the impact of noise generated inside
a building on people outside it, or on other buildings not adjoining
it. As stipulated in the Government's response to the 2003 inquiry,
it is considered that the licensing system already offers a more
flexible approach to controlling the emission of noise.
Recommendation 11 (Paragraph 49): That the Office
of the Deputy Prime Minister promote the pilot use of Business
Improvement Districts in the management of the evening and late-night
economies.
36. The Government is promoting Business
Improvement Districts (BIDs) as a way for local businesses to
promote themselves and improve their profitability.
37. Since the regulations came into effect
in September 2004, seven areas have voted to establish BIDs. It's
clear that at least some BIDs are planning to have a 24 hour effect
in their neighbourhoods. The Coventry city centre BID, among other
things, provides for additional marketing, security and safety
measures—including early warning of potential trouble-makers
and a visible presence on the streets until 4 am. The Kingston
upon Thames BID also addresses issues at both ends of the day—as
well as offering business development advice, it will upgrade
street lighting and provide community rangers working seven days
a week to tackle anti-social behaviour. We also understand that
Lincoln Business Improvement Group's scheme will employ England's
first dedicated evening economy manager.
TRANSPORT INFRASTRUCTURE
Recommendation 12 (Paragraph 51): The Department
for Transport should ensure police forces, local authorities,
transport providers and evening and late-night economy operators
work together to provide safe and secure late-night transport.
38. The Government is determined to reduce
crime and the fear of crime on the public transport system. The
Safer Travel on Buses and Coaches Panel (STOP), convened by DfT,
looks at ways to combat assaults, anti-social behaviour and vandalism
at stops and stations and on vehicles and property. The panel
brings together operators, local authorities, police and unions
and is charged with facilitating the exchange of ideas and spreading
best practice.
39. The 2004 STOP conference on "Fighting
Bus Crime" enabled operators, local authorities and police
to exchange information about practical measures which have been
shown to tackle bus crime at the local level. DfT has also produced
guidance, "Get on Board: an agenda for improving personal
security in bus travel", for local authorities and bus
operators.
Recommendation 13 (Paragraph 52): That the Department
for Transport make funds available specifically to establish late-night
bus services. They should also produce guidance and advice on
developing a late-night bus service, securing private interest
in operating routes and seeking contributions from the leisure
industry.
40. As outlined in the Government Response
to the 2003 inquiry, Government financial support for local authority
subsidised bus services is available through Revenue Support Grant
Funding and Rural and Urban Bus Grants. Local authorities are
able to decide which services they support, and are best placed
to judge the extent to which funding should be used to provide
late-night bus services based on local circumstances.
41. Local authorities that produce Local
Transport Plans (LTPs) will include accessibility strategies in
their second LTPs (provisional LTPs are due in 2005 and final
LTPs in March 2006). The accessibility planning process encourages
local authorities and other agencies to assess more systematically
whether people can get to and from places of work, essential services
and other local destinations that are important to residents.
Recommendation 14 (Paragraph 53): To ensure a
sufficient number of licensed drivers operate in the evening,
we recommend that local authorities consider introducing "late-night
licences" or night tariffs.
42. As stated in the Government Response
to the Committee's 2003 Inquiry, in England and Wales the licensing
of taxis and private hire vehicles (PHVs—minicabs) and the
setting of taxi fares are devolved to district/borough councils,
unitary authorities or Transport for London (TfL).
43. In response to the Office of Fair Trading's
market study on taxis last year, the Government has asked local
licensing authorities who currently restrict the number of taxis
in their areas to review their policies with particular emphasis
on benefits for consumers. Responses are expected by the end of
April 2005.
Recommendation 15 (Paragraph 54): That the Department
for Transport work with enforcement authorities and take a much
more proactive policy to reduce the number of unlicensed minicabs
operating. We recommend a review of penalties for operating an
unlicensed minicab to ensure they are a sufficient deterrent.
We are concerned that there is insufficient publicity highlighting
the dangers of illegal minicabs. We therefore recommend that the
Department of Transport launch a high-profile media campaign equating
the use of an unlicensed minicab with accepting a lift from a
drunk driver.
44. The role of the Secretary of State for
Transport is to provide a regulatory framework for taxis and PHVs.
With the current exception of London, the law does require that
all PHVs should be licensed and includes offences for operating
or driving PHVs without the appropriate licences. Enforcement
of the licensing laws is a matter for local licensing authorities
and the police. The Management of Offenders and Sentencing Bill,
introduced in January 2005, includes a substantial increase in
all Standard Scale maximum fines (operating an unlicensed minicab
would increase to £3,000 and taxi touting (currently £2,500)
would increase to £7,500).
45. Additionally, the touting offence has
now been incorporated in the list of recordable offences, helping
the police to track persistent offenders. We will consider how
best to publicise nationally the dangers of illegal minicabs,
taking into account the considerable amount of publicity already
undertaken for London by TfL.
DEALING WITH
ANTI-SOCIAL
BEHAVIOUR
Recommendation 16 (Paragraph 66): That the Home
Office place a statutory duty on local operators' to participate
in Crime and Disorder Reduction Partnerships.
46. The Government's position remains that
placing a statutory duty on local operators to participate in
Crime and Disorder Reduction Partnerships (CDRPs) would be difficult
to manage with the large number of organisations involved. We
have been working with various partners in implementing the recommendations
set out in the Alcohol Harm Reduction Strategy for England. We
have also been working closely with the industry including representatives
of the British Beer and Pub Association to draft a code of practice
which will cover both on and off-trade retailers and producers,
and will set out clear protocols on seeking proof of age, effective
end-of-evening dispersal policies and putting an end to irresponsible
promotions. The code will be supported by an accreditation scheme
which will incentivise good practice and highlight poor operators.
Recommendation 17 (Paragraph 71): We are pleased
that the Government is providing tools for police authorities
to clamp down on anti-social behaviour. We welcome measures such
as fixed penalty fines, however the payment of fines must be enforced.
47. Take up of the new fixed Penalty Notices
for Disorder (PNDs) by police forces has been good, with over
57,000 issued during 2004. PNDs provide the police with a quick
and effective tool for dealing with low level disorderly offending.
If the recipient of a PND neither pays the penalty nor requests
a court hearing, a fine is registered against them. Fines are
then enforced by the courts. Sustained improved fine collection
is a key priority for the Department for Constitutional Affairs.
A range of measures aimed at improving fine collection was introduced
in the Courts Act 2003. Good progress is being made—a fine
payment rate of 76% was reported for 2003-04 and 80% for the last
quarter of 2004.
Recommendation 18 (Paragraph 72): We are concerned
that extension of licensing hours under the Licensing Act 2003
could stretch police resources to an extent where anti-social
behaviour tools will be ineffective. Further time-expansion of
the evening economy will need to be monitored carefully. If it
becomes apparent that current police resources are not sufficient
to meet the expanded demands of the evening economy, the Government
should consult with private operators to identify sources of extra
funding, this may include the possibility of a 1% levy on the
annual turnover of private operators.
48. The Government is concerned about the
costs incurred in policing entertainment venues that operate late
into the night. There are currently a number of schemes where
entertainment outlets work in partnership with the police and
other agencies and contribute to the additional costs of policing
the NTE. We welcome such schemes and would encourage greater engagement
from operators.
49. The consultation document Drinking
Responsibly: The Government's Proposals was published on 21
January 2005 and consultation closed on 28 February. One of its
key proposals is for Alcohol Disorder Zones (ADZs) to be designated
by the police and local authorities, where there is clear evidence
of significant disorder and extra costs to local partners. Before
an ADZ could be designated, the licensed premises would have the
opportunity to implement a set of actions to reduce alcohol-related
disorder. Where they failed to do so, they would be required to
contribute towards the policing and other local costs of dealing
with the disorder within the ADZ.
BINGE DRINKING
CULTURE
Recommendation 19 (Paragraph 74): In their submission
the Government highlight that a further expansion of the evening
economy will "have cost implications for the health service".
The Committee are concerned that this implication has not been
fully explored in relation to the new Licensing Act.
50. The provisions of the Licensing Act
2003 will not be brought fully into force until November 2005
when monitoring of the potential impacts would begin.
Recommendation 20 (Paragraph 78): We look forward
to the publication of the National Alcohol Harm Reduction Strategy.
We recommend that the Department of Health use the strategy to
launch a high-profile, multi-media campaign particularly aimed
at youth which highlights the problems, of health and security,
that can result from alcohol misuse.
51. The National Alcohol Harm Reduction
Strategy was published in March last year and is the first time
a co-ordinated strategy relating to alcohol misuse has been put
in place. The Strategy involves co-ordinated action taken by Government
departments, NHS, Police, Local Authorities and the drinks industry,
both nationally and locally.
52. A cross Government Alcohol Communications
Group has been established to share best practice and agree strategies.
The Group is drawing on the expertise of industry and voluntary
organisations to identify the most effective messages to be used
with binge and chronic drinkers, and the most effective media
for disseminating these messages. The Government Communications
Group aims to develop these messages and disseminate them from
Spring 2005.
53. The Government welcomes the drink industry's
commitment to the formation of the Voluntary Social Responsibility
Scheme, which will include a new Code of Practice and voluntary
funding of schemes to reduce the health harms of alcohol.
LICENSING ACT
2003
Recommendation 21 (Paragraph 89): That the Government
conducts upper capacity impact pilots in city centres that have
experienced the effects of cumulative impact. The pilots should
develop a robust and defensible methodology for determining capacity
limits; and identify methods of demonstrating the required "direct
causal connections" between capacity and crime and disorder.
54. As outlined in the Government Response
to the Committee's 2003 Inquiry, the Government recognises the
Committee's concerns, but has no plans to conduct upper capacity
limit pilots in city centres as it is not convinced this would
be a very meaningful exercise.
Recommendation 22 (Paragraph 91): We reiterate
that the Licensing Act 2003 places too much emphasis on residents
to provide "evidentiary proof" in order to lodge an
objection to a licence. Providing such evidence is difficult and
costly. Few residents, either individually or collectively will
be able to provide the required evidence. We repeat our recommendation
that licensing authorities should be given powers to accept residents
sworn evidence of nuisance.
55. As outlined in the Government Response
to the Committee's 2003 Inquiry, the Licensing Act makes no reference
to "evidence". Under the 2003 Act, where relevant representations
are received by the licensing authority, the authority is bound
to hold a hearing to consider them. However, in holding such a
hearing, the licensing authority will not be performing a judicial
or even quasi-judicial role, but instead will be engaged in a
balancing exercise in the public interest on the basis of what
is necessary for the licensing objectives.
Recommendation 23 (Paragraph 95): Enforcement
authorities and police need better tools to tackle quickly the
anti-social problems created by happy hours and similar drinks
events. We therefore recommend powers for the local authority
to enforce a ban on happy hours as part of the licence conditions.
56. As outlined in the Government Response
to the Committee's 2003 Inquiry, it remains the DCMS view that
such bans cannot be achieved through licence conditions.
THE LICENSED
TRADE
Recommendation 26 (Paragraph 98): The Department
for Culture, Media and Sport, together with the licensed industry,
develops better support networks which, allow the dissemination
of good practice. We also recommend that the industry be encouraged
to establish codes of conduct.
57. The Secretary of State for Culture,
Media and Sport issued the Statutory Guidance to Licensing Authorities
in July 2004 under section 182 of the Licensing Act 2003, which
contained extensive advice on best practice relating to the four
licensing objectives (the prevention of crime and disorder, public
safety, the prevention of public nuisance and the protection of
children from harm).
Recommendation 28 (Paragraph 100): The Department
for Culture, Media and Sport must bring in legislation making
participation of operators in partnerships aimed at reducing anti-social
behaviour a licence condition.
58. As stated in the 2003 Government Response,
DCMS does not intend to make participation of operators in partnerships
aimed at reducing anti-social behaviour a mandatory condition
of a premises licence as it does not believe that such a measure
is justified.
MANAGING THE
EVENING AND
LATE-NIGHT
ECONOMIES
Recommendation 29 (Paragraph 105): Local authorities
should develop action plans which encourage non-alcohol centred
evening activities with wide demographic appeal, for example,
late opening nights of shops, galleries and libraries. Local authorities
should work in partnership with local businesses and the community
to identify events, which will have broad appeal to people of
all ages.
59. The Government's updated response to
Recommendation 1 sets out what new plan requirements the Government
has introduced to assist local authorities. The Government recognises
the need to plan positively for and manage the evening economy,
but is reluctant to impose new plans on local authorities. We
acknowledge the need to use existing partnership arrangements,
strategies and plans more effectively to develop and manage the
evening economy in city and town centres.
Recommendation 30 (Paragraph 109): Local authorities
should not be afraid to take a pro-active approach to the management
of the evening and late-night economies. We recommend local authorities
use the planning and licensing systems to encourage licensed premises
to take a responsible attitude to the evening and late-night economies.
60. The provisions of the Licensing Act
2003 will be brought fully into force in November 2005. Until
then, there are no powers available to the licensing authorities
to enforce the requirements (and offences relating to) the licensing
regime, as alcohol licensing remains directly under the control
of the licensing justices.
61. Prior to November, local authority powers
extend only to public entertainment, theatre, cinema, night cafes
and take-aways under the old law. Accordingly, they have mechanisms
to use the "licensing system" to make premises selling
alcohol to take a more responsible attitude.
Recommendation 31 (Paragraph 110): Local authorities
should conduct studies to ascertain the number of different premises
an area can sustain, whilst retaining its character and remaining
true to the concept of a mixed-use area. Planning policy can then
be used to prevent excess.
62. As indicated in the updated response
to Recommendations 1 and 7, local planning authorities will be
required to prepare new style local development documents (LDDs).
LDDs will need to have regard to national policies such as PPS6,
which will be issued shortly. LDDs must be soundly based in terms
of their content and the process by which they are produced and
their policies and proposals must be based upon a comprehensive,
credible evidence base. The evidence base should be founded on
a thorough understanding of the needs of their area and the opportunities
and constraints which operate within that area.
Recommendation 32 (Paragraph 112): If premises
are inspected in the context of a planning or licensing application,
inspectors should visit the premises at a time that engenders
a genuine understanding of the application.
63. Once the Licensing Act is fully in force
by November 2005, inspections for enforcement purposes after applications
have been granted can begin. These could examine premises at appropriate
times to gain a proper understanding of what is going on there.
Recommendation 34 (Paragraph 115): Local authorities
should consider imposing a levy on private operators to meet the
costs of providing increased service as a result of late-night
activities.
64. As outlined in the Government Response
to the Committee's 2003 Inquiry, Local Planning Authorities can
already seek section 106 contributions where these are relevant
to a particular development. There has to be a reasonable connection
between the development and the purpose for which the contribution
is being sought, and the developer also has to be willing to pay.
65. Section 93 of the Local Government Act
2003 provides a general power for local authorities to charge
for discretionary services. This may assist authorities in dealing
with issues associated with the night-time economy, which require
additional late night services. The power is subject to certain
restrictions, including that any charges are to be limited to
cost recovery and that those receiving the service must have agreed
to its provision.
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