Councillors should be able to consider environmental impact for pub and restaurant licenses | Opinion

Hello from a (finally) sunny Exmouth!

I'm the chair of the Licensing and Enforcement Committee at East Devon District Council - we basically deal with taxis, pubs and clubs and, though there aren't any to my knowledge at the moment, lap dancing establishments.

Over the last couple of months I've been asked on many occasions, especially with regards to controversial licensing applications in Exmouth, if we can prevent licenses being granted on environmental grounds. Or, can we ban single use plastic in pubs as part of their licence. Unfortunately, the answer is no.

Licensing of pubs and restaurants is based on the following four principles:

1. The prevention of crime and disorder
2. Public safety
3. The prevention of public nuisance
4. The protection of children from harm

In objecting to applications some residents, and town councils, have, effectively, invented a fifth objective:

1. The minimisation of environmental impact

This is, legally, not something we can consider. The 2003 Licensing Act makes no provision for it and subsequently we cannot consider any objections made on these grounds.

However, I think this is wrong - we SHOULD be able to consider whether an application will have an impact on its physical surroundings - we can, for example, reject an application if it impacts on the environment through noise levels, but not if it will impact, for example, on a beach or green space. It makes little sense.

I'm about to enquire if an amendment to the Licensing Act to this effect is something government ministers have considered, and if not invite them to do so, and also see if it's on the radar of the Local Government Association. If you feel strongly about this, your local MP is a good place to start, and the department responsible in Westminster is the Home Office, led by Priti Patel. I'll keep you updated if I get a response.

Stay well and enjoy our wonderful local pubs (safely and in moderation, obviously!)