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Licensing enforcement

Report

The council delivers a wide range of enforcement services aimed at safeguarding the environment and the community and at providing a ‘level playing field’ on which businesses can fairly trade. The administration and enforcement of the licensing regime is one of these services.

The council fully supports the principles of the government’s Enforcement Concordat designed to ensure effective and efficient public protection services. Specifically, the council is committed to accord with the principles of good enforcement practice by carrying out its regulatory functions in a fair, open and consistent manner.

The Enforcement Concordat is based on the principles that businesses should:

  • receive clear explanations from enforcers of what they need to do and by when;
  • have opportunities to resolve differences before enforcement action is taken, unless immediate action is needed;
  • receive an explanation of their rights of appeal.

The council recognises the interests of both individual citizens and the requirements of businesses and will work closely with partners to assist licence holders to comply with the law and the four licensing objectives it seeks to promote. However, proportionate but firm action will be taken against those who commit serious offences or persistently break the law. 

The council has agreed and formalised arrangements for licensing enforcement, in respect of the Kent and Medway Regulatory Licensing Steering Group which is made up of Kent Police, Kent Fire and Rescue and local authorities representing Kent and Medway.

The Kent and Medway Licensing Enforcement Protocol provides guidance regarding the legal requirements and operational procedures for the targeting of resources towards high risk premises and activities that require greater attention, while providing a lighter touch in respect of low risk premises that are well operated. 

All licence holders will be expected to co-operate in order to promote the licensing objectives. Evidence of non-cooperation maybe considered sufficient grounds for review and revocation of any licence.

The principle of using a scoring scheme based on risk factors will normally prevail and proactive inspections will usually be undertaken in accordance with a priority inspection scheme. This should ensure that resources are more effectively allocated to higher risk or ‘problem premises’.  Monitoring visits will also take place in around premises.

Legal information

Please note that the information above is not legal advice. Legislation and procedures may change over time and the advice given is based on the information available at the current time. It is not necessarily comprehensive and will be subject to revision in the event of further government guidance and regulations. This advice is not intended to be a definitive guide to or substitute for the relevant law.

The council is happy to provide information but cannot give advice on individual applications. Please seek legal and professional advice.

For more information contact Licensing Unit by telephone: Licensing Services - 01634 337107 or 337108 / Enforcement - 01634 337112 or 337106 or by email: licensing@medway.gov.uk

Write to: Licensing Unit, Medway Council, Gun Wharf, Dock Road, Chatham, Kent ME4 4TR

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