Agenda and minutes
reconvened from 14 July 2010, Licensing
To receive apologies for absence.
Apologies were received from Councillors Maria Edey, Graham Morgan, Alan Preest, and Des Saunders.
To confirm the minutes of the meeting held on 17 March 2010.
The minutes of the meeting held on the 17 March 2010 were agreed and signed as a correct record.
The chairman to identify any items of urgent business.
There were no urgent business on this occasion.
Declarations of Interest
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.
There were no declarations of interest.
To consider report E.19 relating to the three year review of the Licensing Policy.
Frank Russell Senior Environmental Protection and Licensing Officer, presented report E19.
The chairman Councillor Jane Horne asked members if they had all read the report she then read out the recommendations.
Councillor Roy Birch enquired if the draft policy was sent to outside agencies to review.
Frank Russell Senior Environmental Protection & Licensing Officer, advised that the reports are sent to the police, fire service, and business representatives for full consultation. The licensing policy is also sent to all Town and Parish councils and is published on the council’s website for a 12 week period.
Councillor Frankie Evans enquired if the licensing officers had any indication that the new coalition were looking to change licensing polices.
Heather Lucas Senior Environmental Protection & Licensing Officer, responded by saying that there maybe changes in the future however, we have to concentrate and follow the current legislation.
Councillor Max Coborn asked if there were any licensing polices or conditions in place when planning permission is granted for developments near public houses, regarding any potential noise and nuisance issues.
Councillor Carole Allaway Martin enquired if a planning application was received for a public house, does a licensing application have to accompany it.
Frank Russell Senior Environmental Protection & Licensing Officer, advised the government guidance treat licensing applications and planning applications completely separately, the licensing department only considers the licensing side of the applications, he also advised that an applicant could apply for a licence before the land was purchased, the application would be advertised as a normal application.
Members discussed the wording in recommendation (b) and thought the word significant was not an appropriate word to use in the recommendation.
Councillor Roy Birch proposed that the recommendation should read:
To agree to submit the policy to Full Council for adoption, without referring back to the Licensing Committee, if no alterations save for typographical or grammatical amendments are required following the consultation period.
Councillor Terry Hale seconded, all members agreed.
Councillor Andrew Gardiner asked if in the report under Corporate Priorities, Priority (3) could be amended.
Claire Childs Assistant Solicitor advised that, the corporate plan was reviewed recently, therefore that part of the report could not be changed, she also informed the meeting the corporate plan was linked to the community plan.
Councillor Frankie Evans enquired how were village halls covered regarding selling alcohol.
Frank Russell Senior Environmental Protection & Licensing Officer, replied village halls take responsibility for licences themselves, the village hall committees take the role of the licensee and apply for the licence.
The chairman councillor Jane Horne advised that the licensing policy has to be renewed every three years, she confirmed that the draft licensing policy had been thought through very thoroughly.
Councillor Roy Birch, moved the recommendation, and the chairman Councillor Jane Horne seconded.
To approve a draft Licensing Policy for the period 2011-2014 so that it can be put forward for consultation.
To agree to submit the policy to Full Council for adoption, without referring back to the Licensing Committee, if no alterations ... view the full minutes text for item 5.
To consider report E.20 relating to the regulation of sexual entertainment venues.
Heather Lucas, Senior Environmental Protection and Licensing Officer, presented report E.20.
The chairman Councillor Jane Horne advised that the committee go through each of the recommendations.
Councillor Len Lawton enquired if it could be clarified if the fees were statutory.
The chairman Councillor Jane Horne explained that the fees for Sex Establishment applications were set at the last licensing meeting and were set at £2,000.
Heather Lucas Senior Environmental Protection and Licensing Officer, stated that if the committee decided to adopt the amendment in legislation, she would if the committee required, prepare a policy for the committee’s approval.
Claire Childs Assistant Solicitor read out and briefly explained each of the four recommendations.
The chairman Councillor Jane Horne suggested that the recommendations were taken altogether.
The chairman Councillor Jane Horne proposed the recommendations and Councillor Terry Hale seconded.
All members agreed
To note the report and consider whether to recommend to the council that they adopt the amended provisions of Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 which have been amended by virtue of Section 27 of the Policing and Crime Act 2009 to introduce a Licensing Regime for ‘Sexual Entertainment Venues,’ with effect from 1st December 2010.
If adoption in a) is recommended further consideration should be given to request the council to give the Licensing Committee the authority under the provisions of Schedule 3 above to make decisions on any applications that may be submitted, set the licence fee and to decide if officers should prepare a Licensing Policy for approval by the Licensing Committee.
If adoption in a) and b) is recommended, it is further recommended tht the level of fees outlined in paragraph 6.1 and 6.2 are set.
If adoption in a) is recommended further consideration should be given to delegate authority to the Senior Environmental Protection and Licensing Officer to carry out the necessary advertising requirements to comply with Section 2 of the Local Government (Miscellaneous Provisions) Act 1982 as amended.
Councillor David Thomson queried how many licensing sub-committee meetings had taken place recently.
The chairman Councillor Jane Horne replied that there had not been a sub-committee for at least twelve to eighteen months, and unless there are applications which are controversial the committee are not involved, she also stated that Democratic Services department select a panel for the sub-committee meeting on availability and on a rota basis.
Councillor Max Coburn felt he was out of touch with licensing issues and suggested that members are sent regular updates on what is happening with licensing in the district.
Heather Lucas Senior Environmental Protection and Licensing said that she prepares a monthly update on licensing which is passed to the chairman Councillor Jane Horne and Councillor Martin Quaile, Cabinet Member for the Environment, this update goes into the Cabinet Digest, which is discussed at Cabinet meetings. She suggested that her monthly licensing update could be sent to Democratic Services to forward to all members of the licensing committee.