Decision details

To republish the existing Statement of Licensing Policy under the Licensing Act 2003 to cover the interim period required in order to consider modifications to the Section 182 guidance issued by the Secretary of State, which need to be considered before a revised NEDDC Statement of Licensing Policy can be published. The interim period will be in accordance with the attached timeline (subject to reasonable modification where necessary).

North East Derbyshire District Council is a Licensing Authority for the purpose of the Licensing Act 2003 (‘the Act’). Section 5 of the Act requires all Licensing Authorities to prepare and publish a Statement of Licensing Policy that they propose to apply in exercising their functions under the Act during the five-year period to which the policy applies.
Section 4 of the Act provides that, in carrying out its functions, a Licensing Authority must ‘have regard to’ Guidance issued by the Secretary of State under Section 182 as appropriate.

Modifications to Section 182 Guidance have been published during 2023 and early 2024. These revisions need to be considered and time given to review and prepare a revised Statement of Licensing Policy ready for statutory consultation and final publication.

Final approval of a new policy will be considered by Council on the recommendations of the Licensing and Gambling Acts Committee.

Not to republish the current policy. The existing NEDDC Licensing Policy Statement expires on 31st January 2024. There is a legal requirement for the Council to have a policy in place. Failure to adhere to this requirement could pose a risk to the Council.