Issue - meetings

Report of the Director of Markets and Consumer Protection.

The Committee considered a report of the Director of Markets and Consumer Protection seeking to clarify the guidance the Licensing Authority provides in relation to the requirement to advertise an application for a premises licence in a ‘local newspaper’ under section 17 (5) of the Licensing Act 2003 and Regulation 25 of the Licensing Act 2003 (Premises and Club Certificates) Regulations 2005.

The Chairman confirmed that the guidance had been reworded following comments from Members at the last Committee meeting. Members were happy with the new wording.

A Member highlighted the previous request of the Committee that large reports that have changed and require additional consultation should show track changes from the original document so that Members could clearly see what has changed and provide focused feedback. Members agreed that changes should also be explained in the covering report. The Chairman agreed that this should happen when changes were made to large documments.

RESOLVED – That Members agree the final text of the guidance on our website in relation to advertising in a local newspaper as per the requirements of the Licensing Act 2003.

Report of the Director of Markets and Consumer Protection.

*There is a non-public appendix at Item No.13.

The Committee considered a report of the Director of Markets and Consumer Protection seeking to clarify the guidance the Licensing Authority provides in

relation to the requirement to advertise an application for a premises licence in a ‘local newspaper’ under section 17 (5) of the Licensing Act 2003 and Regulation 25 of the Licensing Act 2003 (Premises and Club Certificates) Regulations 2005. The following comments were made:

·         Members were advised that a review of the guidance was motivated by regular queries from applicants.

·         It was noted that there were five newspapers with regular circulations within the City of London (The London Evening Standard, The Metro, City AM, City Matters and The Islington Tribune); however, these could be assessed in relation to their suitability.

·         The Comptroller & City Solicitor confirmed that from a legal position, the Corporation was not obliged to provide an approved list and simply had to be satisfied that an advert had been adequately publicised in the vicinity of the premises. The responsibility to advertise licensing applications correctly was therefore on the applicant.   

·         Members discussed whether City Matters, which is published fortnightly, and particularly The Islington Tribune, which is published weekly on a Friday and was not specifically City based, were adequate newspapers in which to advertise licensing applications. Some Members felt that they should be removed from the list altogether as even the potential option to use them gave applicants potential for mistake.

·         Some Members were uncomfortable removing two newspapers from the list which could be considered appropriate albeit not on all occasions. A Member felt that there was no gain from being minimalistic and suggested changing the wording to highlight the three most widely publicised newspapers as the preferred choices.  

·         It was highlighted that the wording stated that “the City of London recognises the following as being