Police have power to act
Published Date:
10 October 2008
By staff copy
My attention has been drawn to your front page article in the Tuesday 23 September edition referring to drunken behaviour in the streets in Whitby.
I would like to express my concern about the problems that some of the residents of Whitby are suffering and assure people that the members of Scarborough Borough Council Licensing Committee do everything in their power to prevent situations like your article highlights.
I would refer to the remarks attributed to Coun Jane Kenyon.
Her remark expressing her thoughts the Licensing Act (2003) which transferred licensing from the magistrates court to the local authority “being the biggest mistake ever made” looks like a veiled criticism of the council of which she is an influential cabinet member.
On reflection I am sure Coun Kenyon will realise the police have never had the power to issue premises licences.
However, as chairman of the police authority she will be aware the police have the power and responsibility to ask for the review of a premises licence when there has been a breach of any one of the four licensing objectives which are: prevention of crime and disorder, public safety, prevention of public nuisance and protection of children from harm.
I find it interesting the police have only found it necessary to use this responsibility once, in the whole borough, since licensing has become the responsibility of Scarborough Borough Council.
Coun Brian F Watson,
chairman of the licensing
committee, Scarborough Borough Council, Newby, Scarborough
With reference to your article in the Whitby Gazette dated 23 September.
Coun Jane Kenyon, chairman of the police authority, made the incorrect comment “One of the biggest mistakes ever made was to take the power to grant premises licences away from the police”.
Under the old Licensing Act 1964, the power to grant licences to sell alcohol was given to Magistrates’ Courts, not the police.
The police had only the right to state objections to the court when such application was made.
The Licensing Act 2003, which introduced the word ‘Premises’, gave the power to grant licences to local authorities.
The police still have the right to object to any application for a premises licence, as does ‘any person’.
If drunken yobs are ruining the quality of life of Whitby residents, as clearly they are, despite Inspector Barf’s comments, the police can, and should, identify the premises concerned and ask for a review of that premises licence.
An ‘interested party’, ie any member of the public, can also ask for a review of the licence.
This is being done regularly in other parts of the country, similarly blighted by so-called binge-drinking.
The power is in Mr Barf’s hands, to support his community, to stand up and be counted.
Any holder of a personal licence which entitles them to sell/authorise the sale of alcohol, knows it is an offence to serve anyone who is apparently drunk and that licence can be forfeited or suspended.
Everyone knows persons entering premises and being served alcohol while drunk, so the police should know too.
The full article contains 516 words and appears in Whitby Gazette Friday newspaper.
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Last Updated:
07 October 2008 11:03 AM
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Source:
Whitby Gazette Friday
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Location:
Whitby