General Enforcement Statement
35.1 All decisions and enforcement action taken by us will have regard to the relevant provisions of the Licensing Act 2003, s182 Guidance, the enforcement policy of the Council and to the Regulators Compliance Code.
35.2 We will establish and maintain both proactive and reactive enforcement protocols with the local police and other enforcement agencies. Protocols will provide for the proportionate targeting of agreed problem and high-risk licensed activities needing greater attention and a corresponding lighter touch for well run, lower risk premises in the area.
35.3 We believe that proportionate but vigorous enforcement will be a key element in ensuring the successful implementation of the licensing regime and that the four licensing objectives are met. We intend to use our powers under the Licensing Act 2003 and other relevant legislation to ensure a proper balance is struck between the interests of the licensed trade and of the wider community.
35.4 The Council will arrange for Officers to inspect every premises that it has not previously inspected to secure compliance with the Licensing objectives and this policy. Further inspections of premises will be undertaken on a risk based principle and may vary between 6 months and three years, targeting poorly managed premises that fail to satisfactorily meet the Licensing objectives.
35.5 We will use a graduated form of response expected to resolving issues of non-compliance, including an action plan, although we recognise that in serious cases a prosecution or a review application will be the appropriate action.
35.6 To ensure that resources are effectively targeted at high-risk premises, the Council will seek to work closely with the Police to share information about licensees and licensed premises to fulfil duties held by both parties under the Crime and Disorder Act 1998.
35.7 All enforcement action undertaken by the Council will be in accordance with the relevant Council Enforcement Policy and copies will be made available on request and are available on our website. This Enforcement Policy is based on the Regulators Code from central government.
35.8 In addition, the Council recognises that the Police are given their own powers in relation to enforcement under the Act.
35.9 It is also incumbent for operators of licensed premises to provide appropriate training for their staff to ensure the promotion of the licensing objectives.