Leeds Joint Enforcement Protocol and Memorandum of Understanding

Revised: February 2020

1. Introduction

1.1 This joint enforcement protocol and memorandum of understanding is made between Leeds City Council Licensing Authority, Responsible Authorities and other relevant partners.

1.2 The Licensing Act 2003 (‘the Act’) introduced a new regime for the licensing of a range of activities defined as licensable activities including supply or sale of alcohol, provision of regulated entertainment and late night refreshment. The Act sets out four Licensing Objectives, which are required to be promoted by the Licensing Authority, Responsible Authorities as defined by the Act and all licence holders.

The 4 licensing objectives are:

a. The prevention of crime and disorder

b. The promotion of public safety

c. The prevention of public nuisance

d. The protection of children from harm

1.3 The Licensing Authority and other parties to this document actively support and promote the four licensing objectives within the Leeds Metropolitan District.

1.4 The guidance issued under the provisions of Section 182 of the Licensing Act 2003 published by the Home Office recommends that protocols should be set up between authorities and this document has been prepared with that advice in mind.

1.5 The parties to this document have enforcement responsibilities in relation to premises licensed under the Act. They formally recognise the importance of effective co-operation and liaison to ensure that premises licence holders, designated premises supervisors, personal licence holders, club premises certificate holder and persons using Temporary Event Notices understand and comply with the law.

1.6 The purpose of this document is to ensure efficient and effective co-operation between agencies when dealing with areas of mutual interest, to secure:

a. High levels of open communication between agencies;

b. Clear lines of responsibility regarding enforcement of the law;

c. Shared intelligence to enable effective enforcement of the law.

2. Communication and exchange of Information

2.1 Section 185 of the Licensing Act 2003 provides for the exchange of information between the Licensing Authority and the Responsible Authorities for the purposes of facilitating the exercise of the authority’s function under the Act.

2.2 Good communication between all agencies involved in the licensing process is vital to ensure that information of mutual interest is shared effectively. Each authority should have a nominated contact point for information to be exchanged.

2.3 The parties to this memorandum of understanding need to share intelligence about premises and people currently licensed or proposed to be licensed, in such a way as to enable the effective operation of the licensing process.

2.4 The Data Protection Act 2018 allows for the exchange of information for the purposes of the prevention of crime or the apprehension of offenders. Any Information sharing shall comply with the six principles set out in Article 5 of the GDPR 2018 (Data Protection Act 2018, Section 2).

2.5 Section 115 of the Crime and Disorder Act 1998 allows for information to be exchanged between the Police and the Licensing Authority.

2.6 Parties to this Protocol may disclose information to other Parties for these purposes providing that the local protocols applicable to each organisation for data protection are observed. Every request for information under the Act must be made in writing giving reasons why disclosure is necessary.

2.7 Information supplied must only be used for the purpose for which it is obtained, must be securely retained whilst in the possession of the Responsible Authority/Agency that has requested it, and must be securely disposed of when no longer required. It must not be further transmitted to a third party without the consent of the original authority that supplied the information unless the transmission is to another duly authorised law enforcement authority, for the purposes of detection or prevention of crime, and due to urgency or other factors there is insufficient time, or it is impractical, to consult the originating authority prior to transmission.

2.8 This part of the Protocol may be supplemented by any Information Sharing Agreement (ISA) on data exchange agreed either at a local or national level.

3. Enforcement Action

3.1 Enforcement action taken in respect of breaches of legislation will remain the responsibility of the agency designated for each piece of legislation. However, the outcome of such action where relevant is fed into the process for determining applications, reviewing the status of licences currently in force and also (if appropriate for the purposes of joined up enforcement) shared with other parties to this protocol.

3.2 Although each party to this agreement is responsible for enforcement of their own designated legislation, all parties agree that from time to time joint inspections, for example in relation to targeted areas of licensing activity, are beneficial, providing a holistic approach, and help to address high profile issues of public concern.

3.3 Joint inspections will normally be conducted on the basis of a risk assessment applied to licensed premises, or in response to specific complaints. Requests for joint inspections can be initiated by any party to this protocol.

3.4 Responsible Authorities and other signatory partners to this protocol agreement shall, where they fall within its scope, have regard to the Regulators’ Code.

4. Investigation of offences

4.1 Parties to this protocol agree that co-ordinated enforcement is beneficial to the overall aims of the Licensing Act 2003.

4.2 When the licensing authority or a responsible authority has become aware of an area where the licensing objectives are being placed in jeopardy or an offence and would like another more appropriate responsible authority (or the licensing authority) to take formal action, they will have an early discussion with that authority, supply all of the relevant evidence in a timely manner, and provide whatever additional details the authority may require, in writing if requested

4.3 Once in receipt of a request to take action the appropriate authority will record the matter, assess the facts and take appropriate action in accordance with its own enforcement policy.

4.4 In relation to all offences/investigations whether transferred from another authority or not, the investigating authority will liaise with all other parties as is appropriate to carrying out the investigation, and in particular keep the Licensing Authority informed of matters that might ultimately give rise to a review of a licence.

5. Notification of prosecutions and cautions (all relevant offences)

5.1 Notwithstanding the duty of the court in section 131 (duty to notify the Licensing Authority of convictions under the Licensing Act 2003) it is clearly in the interests of effective liaison and enforcement that the Licensing Authority is aware of all relevant enforcement actions which may affect a licence, including convictions under other appropriate legislation. The appropriate authority shall advise the Licensing Authority accordingly.

6. Formal Cautions

6.1 The Licensing Authority will hold on file formal cautions issued to holders of personal licences, premises licences, club premises certificates or users of a temporary event notice.

7. Applications for review of a licence

7.1 This document recognises the right of any responsible authority or interested party to apply to the Licensing Authority for a licence or club premises certificate to be reviewed at any time.

7.2 Except in exceptional cases (where there has been a serious incident of crime and disorder, a serious risk to public safety, a serious incident of public nuisance or a serious incident related to the protection of children from harm) the responsible authority seeking a review will be expected to:

a. Give an early indication to the Licensing Authority of the events requiring an application;

b. Seek an informal resolution to the matter if possible or appropriate;

c. Be able to demonstrate to the Licensing Committee where appropriate alternative approaches to dealing with the situation leading to the application have first been attempted.

7.3 It is reasonable for the Licensing Authority to expect other responsible authorities to intervene where the basis for the intervention falls within the remit of that other authority. For example, the police should take appropriate steps where the basis for the review is concern about crime and disorder or the sexual exploitation of children. Likewise, Children’s Services/Safeguarding Children Partnership should take appropriate steps where the basis for the review is concern about the protection of children from moral, psychological and physical harm. Where there are concerns about noise nuisance/environmental pollution, it is reasonable to expect Environmental Health Services will take the lead with any application for review.

8. Licence Applications and Responsible Authorities

8.1 By Section 3 of the Licensing Act 2003 (‘the Act’) Leeds City Council is appointed as the licensing authority for the district of Leeds in respect of:

• The sale and supply of alcohol
• The provision of regulated entertainment
• The sale of hot food and drink between 23:00 and 05:00 hours

8.2 Section 13 of Part 3 of the Act authorises certain public bodies to act as responsible authorities for any premises situated in an area under their jurisdiction which are located in the Leeds metropolitan district. Responsible authorities are automatically notified of all new applications by the Licensing Authority. While all responsible authorities may make representations regarding applications for licences and club premises certificates and full variation applications, it is the responsibility of each responsible authority to determine when they have appropriate grounds to do so.

8.3 The Licensing Authority has devised a pro-forma risk assessment to assist licence applicants in formulating their operating schedules to show how they will promote the four licensing objectives through appropriate control measures. Whilst the Licensing Authority cannot insist applicants use the pro-forma risk assessment it takes the view that it will assist responsible authorities in assessing the operating schedule, promote discussions and partnership working and will reduce the number of representations made and hearings.

8.4 Duplication of licence condition control measures shall be avoided where there is other primary legislation, such as health and safety, environmental health, fire safety, etc.

8.5 The expectation is for all parties to work in partnership to promote the four licensing objectives and to carry out other duties as defined in the Act and accompanying guidance.

9. Procedural Review

9.1 All parties to this agreement shall periodically review this document to ensure that it maintains a suitable response and working arrangement for all licensing functions and achieves necessary feedback to assist in meeting the statutory objectives.

Appendix

Appendix 1

Offences under the Licensing Act 2003

The Parties agree that the prime responsibility for enforcing the offences under the Licensing Act 2003 should be as shown in the table below.

Section 186 of the Act provides that proceedings for offences under the Act may be instituted by:
a. the Licensing Authority
b. the Director of Public Prosecutions
c. for offences under Ss. 146 and 147, the Local Weights and Measures Authority

Note abbreviations, as follows:
AO = Authorised officer of the Licensing Authority (LA)
CPC = Club Premises Certificate
DPS = Designated Premises Supervisor
LA = Licensing Authority
PLH = Premises Licence Holder
TS =Trading Standards

Appendix 2

Contact details for partners to the Leeds Joint Enforcement Protocol Memorandum of Understanding (Licensing Act 2003)

West Yorkshire Police

British Transport Police

West Yorkshire Fire and Rescue Service

Leeds City Council Environmental Protection Team

Leeds City Council Health and Safety Team

Leeds Safeguarding Children Partnership

Leeds City Council: Children and Families

Leeds City Council City Development

West Yorkshire Trading Standards Service

Safer Leeds Partnerships

Home Office Immigration Enforcement

Leeds City Council Public Health