Millom Town Council
Millom Town Council was formed in 1974 when the parish boundaries changed from Cumberland.
Version: Draft 0.1
Policy Date: 27 April 2023
Strategy / Plan Date: TBC
| Organisation | Cumberland Council |
| Document Title | Statement of Licensing Policy 2023–2028 |
| Filename | Cumberland Licensing Policy 2023–2028 Draft 0.1 |
| Document Status | Draft |
| Author | Nicola Edwards, Licensing Manager |
| Document held by | Licensing |
| Contact | licensing2@cumberland.gov.uk |
| Date of publication | 27 April 2023 |
| Version Number | 0.1 |
| Approval date and by who | Licensing Committee to approve consultation – 27 April 2023 |
| For internal publication only or external also? | Both |
| Document stored on Council website or Intranet? | Website (following adoption by Council) |
| Version | Date reviewed | Reviewed by | Description of revision |
| 0.1 | 27/04/22 | Licensing Committee | Draft policy based on existing Sovereign Councils LA03 policies |
1.1 Cumberland Council is the Licensing Authority for the Cumberland area under the Licensing Act 2003 and is responsible for Premises Licences, Club Premises Certificates, Temporary Event Notices and Personal Licences in its administrative area in respect of the sale and/or supply of alcohol and the provision of regulated entertainment and late night refreshment.
1.2 This policy is prepared under Section 5 of the Licensing Act 2003 and was approved by Cumberland Council as Licensing Authority on a date to be inserted. It will be kept under review and, as a minimum, will be reviewed no later than 2028.
1.3 Unless otherwise stated, references to the Council are to the Cumberland Council Licensing Authority.
1.4 Licensable activities covered by this Policy:
1.5 This Policy has regard to guidance issued by the Secretary of State under Section 182 of the Licensing Act 2003.
1.6 The Council will promote the following licensing objectives:
Each objective is of equal importance.
2.1 This Statement of Licensing Policy will assist applicants, Licensing Authority officers, Responsible Authorities, Members of the Licensing Committee, and persons making representations.
2.2 It enables consideration of public concerns and appropriate measures where licensing objectives are jeopardised.
3.1 This Policy replaces the Licensing Act 2003 policies of Allerdale Borough Council, Carlisle City Council and Copeland Borough Council.
4.1 The Policy must be kept under review during the five-year period.
4.2 Revisions to Section 182 Guidance may necessitate revisions to this Policy.
4.3 Oversight is delegated to the Licensing Committee, with final ratification by Full Council.
To be added.
To be added.
7.1 Section 5 of the Licensing Act 2003 requires publication every five years.
7.2 Revisions restart the five-year period upon publication.
7.3 This Policy will commence on a date in 2023 and remain in force for five years.
7.4 Consultation extent is determined by the Licensing Authority.
7.5 Fees are set by Regulation and intended for full cost recovery.
9.1 The Live Music Act came into force on 1 October 2012.
9.3 No licence permission is required for certain live music performances between 8:00am and 11:00pm, subject to conditions.
10.1 The Council will carry out its functions with a view to promoting the four licensing objectives.
10.3 Applicants are responsible for proposing measures in their operating schedules.
11.1 The Council must have regard to crime and disorder under the Crime and Disorder Act 1998.
12.1 Public safety concerns the physical safety of persons using the premises.
12.2 Fire safety is governed by the Regulatory Reform (Fire Safety) Order 2005.
13.1 Applicants must consider noise, light pollution, smells and litter.
14.1 The Council recognises the Cumberland Safeguarding Children Partnership.
14.7 Age verification policies are mandatory.
15.1 Each application is determined on its own merits.
16.1 The Council and Cumbria Police are Joint Data Controllers.
17.1 Immigration safeguards apply to licensing applications.
18.1 The Council is committed to eliminating discrimination.
20.1 The impact on local residents and businesses will be considered.
21.1 Open air and temporary events require careful planning.
22.1 Distinction is made between commercial and community events.
23.1 Licensing is part of a holistic regulatory approach.
24.1 Applications must be made in prescribed form.
25.1 The Council appoints a Licensing Committee of 10 Councillors.
26.3 Representations must relate to licensing objectives.
27.1 Decisions must be accompanied by clear reasons.
28.1 Decisions follow the Council’s Constitution.
29.1 Premises licences authorise sale of alcohol and regulated entertainment.
30.1 Licensing and planning are separate regimes.
31.5 There is no presumption in favour of extended hours.
32.1 Mandatory conditions are set out in legislation.
33.1 Bank holidays and regular events should be anticipated.
34.1 A 30-minute drinking-up time is encouraged.
35.1 Operating schedules are key to promoting objectives.
36.1 Risk assessments are recommended.
37.4 Irresponsible promotions are prohibited.
38.1 Conditions must be proportionate.
39.1 A DPS must be identifiable and competent.
40.1 Staff training is strongly recommended.
41.1 Club premises operate differently from commercial premises.
42.1 Alternative licence conditions may apply.
43.1 Minor variations must not adversely impact objectives.
44.1 Delivery procedures must ensure age verification.
45.1 Alcohol supply must be authorised by a Personal Licence holder.
46.1 The Policing and Crime Act 2017 enables suspension or revocation.
47.1 Temporary activities are permitted under statutory limits.
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