To receive apologies for absence.

Apologies were received from Councillors Davis, Brian Edwards, Lynn Sterry, and O’Neill.

The chairman to identify any items of urgent business.

No items of urgent business were considered at this meeting.

To receive any declarations of interest in any matter to be discussed at the meeting.  Members and officers are requested to identify the nature of the interest and indicate whether it is personal or prejudicial.

No declarations of interest were made at this meeting.

To confirm the minutes of the meeting held on 15 February 2012.

The minutes of the meeting held on the 15 February 2012 were agreed and signed as a correct record.

Frank Russell Senior Environment Protection and Licensing Officer to present report LD.422.

Frank Russell, Senior Licensing Officer, presented report LD.422, which included the Preliminary guidance April 2012.  He informed members that the Police Reform and Social Responsibility Act 2011 made licensing authorities  “Responsible Authorities” which included the Police, Fire Service, and Environmental Health.  This was to ensure that licensing authorities were better able to respond quickly to the concerns of local residents and businesses.  This would now allow the Licensing Authority to intervene with an application or apply for a review of an existing premises licence or club certificate.

He stated that The Home Office guidance was clear what the expectation would be of the Licensing Authority and would only undertake the role in very limited circumstances.  However, it may be appropriate for the Licensing Authority to act to represent an elderly/vulnerable group who feel too intimidated to apply themselves for a review and there is insufficient evidence for environmental health or the police to act.  Another case might be with an application that varies widely from the Council’s Licensing Policy.  The guidance makes it clear that the Licensing Committee or sub-committee must make licensing determinations.  The officer advising the Licensing Authority must be a different individual to the officer acting for the responsible authority.

He emphasised that the expectation was that the Licensing Authority would generally not intervene on behalf of individuals or where the matter was within the remit of other responsible authorities.  It is recommended that the authority is delegated to the Group Manager for Environmental Services to decide when the Licensing Authority should intervene in its role as a responsible authority.  The Group Manager would then decide if and how to deal with the application and pass it on to the relevant department.

The Chairman of the Committee Len Lawton suggested that members could act as a proxy for the community and referred to page four of the guidance where it suggested “that in smaller licensing authorities they may wish to involve officials from outside the licensing department to ensure a separation of responsibilities.  However, these officials should still be officials employed by the authority”, and believe there was a role for every member to have.

Councillor Allaway-Martin indicated that perhaps the Champion Role could be extended to include any older persons issues, which related to licensing.

Councillor Winship, asked what the difference was with this policy opposed to the current policy, also if she had a problem in her ward with a licence premises whom would she report it to, the Licensing Authority or to the Police.

Frank Russell, Senior Licensing Officer, informed members that the Responsible Authority role is a bigger role, and that we could push complaints to the police or Environmental Health for them to use their powers to deal with certain issues especially if we were satisfied that it was within their powers.

A vote was taken and all members: -

RESOLVED to delegate authority to the Group Manager for Environmental Services to decide when the Licensing Authority should intervene in its  ...  view the full minutes text for item 5.

Frank Russell Senior Environmental Protection and Licensing Officer to present report LD.423.

Frank Russell, Senior Licensing Officer, presented report LD.423,  He drew members attention to the need to review the Council’s Statement of Principles (Gaming Policy).  He advised that that this document had to be reviewed and republished every three years and that this council’s new Statement of Principles had to be ready for publication by January 2013.  He advised that legislation stated that the council must have regard to the guidance produced by the Gambling Commission.  The Commission recently produced revised guidance in draft form which only contained minor changes from the previous version.  There had been no problems during the life of the current version.  Although there are no material changes to the proposed Draft Statement of Principles 2012, the council are still required to carry out a consultation in accordance with the Government’s Code of Practice on consultation which recommended that consultations should last at least twelve weeks which would end on 12 September 2012.

He said that any relevant comments received would be referred to the Group Manager of Legal and Democratic Services and if necessary a report would be put to the Licensing Committee on 10 October 2012, the Senior Licensing Officer would prepare a report for the 13 December 2012 Full Council Meeting recommending the adoption of the Statement of Principles.  The Statement of Principles would then be published within the legal timescale prior to coming into effect on 31 January 2013.

Chairman of the Committee, Councillor Len Lawton confirmed that there was no changes in the Statement of Principles within the last three years however, emphasised that it was important that members had read the papers.

Councillor Andrew Gardiner, said that he was happy with the Draft Statement of Principles and had every confidence with the Licensing Officers and believed they did a brilliant job.

Cabinet Member for Environment, Councillor Martin Quaile, stated that the last port of call would be with the Secretary of State and that the decision could be appealed.  He also agreed with Councillor Gardner in having confidence with the Licensing Officers in delivering the statement within the timescales.

A vote was taken and the Licensing Committee:-

RESOLVED - to approve the revised draft Statement of Principles, at Annex B  for the purpose of the consultation.