Agenda and minutes

Committee of the Licensing Authority
Tuesday, 19th April, 2016 6.35 pm

Venue: Meeting Room 1, Council Offices, Priory Road, Spalding

Contact: Shelley French  01775 764451

Items
No. Item

18.

Declaration of interests

Where a Councillor has a Disclosable Pecuniary Interest the Councillor must declare the interest to the meeting and leave the room without participating in any discussion or making a statement on the item, except where a Councillor is permitted to remain ad a result of a grant of dispensation.

Minutes:

There were none.

19.

Minutes pdf icon PDF 74 KB

To sign as a correct record the minutes of the meeting held on 10 February 2016 (copy enclosed).

Minutes:

The minutes of the meeting held on 10 February 2016, were agreed as a correct record.

20.

Licensing Authority update

The Licensing and Business Support Manager to be in attendance to provide an update to the Committee on matters which fall under the remit of the Licensing Authority. 

Minutes:

The Licensing and Business Support Manager provided the Committee with an update on the work undertaken, by the Licensing Team, in relation to the Licensing Authority and the functions that sat beneath it.

 

A document was circulated to members  that provided details of the work undertaken by the team during the period 1 January 2016 – 31 March 2016 (Quarter 4): (detailed below)

 

Licence Type

 

Activity

Number in Q4

Licensing Act 2003

Premises Licence

Annual Fee Applications

New Applications

Minor Variations

Variation Applications

Vary DPS

Transfer/Vary DPS

Transfer Applications

Replacement licence

Suspension Applications

Suspension lifted

26

1

1

2

10

3

2

8

19

15

Club Premises Certificate

Annual Fee Applications

Suspension Applications

Suspension Lifted

4

3

1

Personal Alcohol Licence

New Applications                 

Change name/address

Lost/Stolen

11

10

3

TEN – With Alcohol

TEN Applications

30

TEN – No Alcohol

TEN Applications

2

Late TEN – With Alcohol

TEN Applications

4

 

Gambling Act 2005

Betting Premises Licence

Annual Fee Applications

1

Licensed Premises Gaming Machine Permit

Annual Fee Application

1

Club Machine Permit

Annual Fee Application

1

Small Society Lotteries

Annual Fee Applications

Change of Promoter      

New Applications

Returns Received

16

5

3

13

 

Inspection or Intervention

Number in Q4

Licensing Act 2003 premises

26 (of which 16 compliant)

(of which 25 without notice)

Panel Hearings                  

Outcome

Jan -  Objection to a TEN (Loaded)

Counter notice issued

Jan – Objection to a TEN (Loaded)

Conditions attached

Jan – Variation of a premises licence (Loaded)

 

 

Adjourned

Jan – transfer premises licence and vary DPS (Winsover Off licence)

Granted

Jan  – review of premises licence (Nasza Biedronka)

Revocation

Feb – Review of premises licence (Gosberton Market)

Revocation

Feb – review of premises licence (Winsover Off Licence)

Revocation

Feb – Review of premises licence (Baltic)

Revocation

AppealsLodged

Scheduled Appeal Date

Nasza Biedronka

13 June 2016 Full hearing

Baltic

 

11 May 2016 Directions hearing

Winsover Off-Licence

 

11 May 2016 Directions hearing

Other Work

 

New Gambling Act Statement of Principles

New Licensing Act Statement of Principles

Member Training – General and Panel Hearings

Complaints and advice          

                                              

The document showed the volume of work the Team undertaken, which included a large number of Temporary Event Notices that needed to be processed and ensuring annual fees were paid.  Inspections that officers had recently been done showed that several premises were not {complaint} [compliant] – amended by Committee of the Licesning Authority on 14/07/16

with their licences, however, none of the breaches were significant and officers worked with premises licence holders and designated premises supervisors to ensure compliance.  To help with the volume of inspections that were needed, an officer from the Environmental Health Team had been trained to assist, further ways of increasing inspections were being investigated. 

 

The Committee noted that the Licensing Team achieved a large volume of work during Quarter 4, especially as it was a small Team within the Authority. 

 

Members requested that future reports include; details of the number of licenced premises within South Holland, and what complaints had been  ...  view the full minutes text for item 20.

21.

Feedback from Cumulative Impact meeting pdf icon PDF 41 KB

Councillor M G Chandler (Portfolio Holder for Strategy, Governance and Public Protection) to be in attendance to provide feedback and an update on agreed actions from the recent Cumulative Impact meeting (briefing note attached).

Minutes:

The Portfolio Holder for Strategy, Governance and Public Protection and member of the Committee of the Licensing Authority, Councillor M Chandler provided information regarding a meeting which had taken place regarding a Cumulative Impact Policy for  Spalding.  A briefing note regarding the meeting was attached at agenda item 5, for information.

 

Councillor Chandler advised that the position of Lincolnshire Police was likely to be less supportive of a Cumulative Impact Policy as it had been in the past, due to a likely reduction in reported incidents.  The Licensing and Business Support Manager was undertaking some work on this area and  it was hoped that there would be report available in October 2016. 

 

The Licensing Act 2003 was now over 10 years old and it was in the opinion of Councillor Chandler that it was important for the Government to review the Act as it stood, it was felt that it did not fit todays requirements. 

 

It was noted that the Policy Development Panel had wanted to form a Task Group to look at a way forward for a policy on limiting the number of off-licences within South Holland.  Councillor Chandler advised that he was attending that meeting to advise the Panel of the current law surrounding the issue of licences and any policy that the authority wished to make.  

 

 

22.

Public Space Protection Order

The Licensing and Business Support Manager to provide an update on ongoing work regarding Public Space Protection Orders.

Minutes:

The Licensing and Business Support Manager was in attendance to update members on the ongoing work surrounding Public Space Protection Order (PSPO) for Spalding.

 

The Committee were reminded that Spalding currently had a Designated Public Place Order  (DPPO) in place.  This was due to expire in October 2017 and work had commenced to look at replacing the DPPO with a PSPO. 

 

The PSPO would deal with public nuisance (falling under specific criteria) and problem areas that cause disruption to those who reside, work or use an area. 

 

Under the Legislation it meant that not only Police officers could issue fixed penalty notices for members of the public found creating nuisance within the PSPO criteria, but authorised local authority officers were also able to. 

 

Members were advised that a consultation was underway, which was due to finish on 20 May 2016, the Communities Manager was leading on this consultation.  Those ward members whose wards were affected by the proposed area should have been contacted. 

 

A plan of the proposed area was circulated to members, after some consideration it was agreed that the proposed area was needed to be extended.  The Chairman agreed to meet with those members who wished to feed into the consultation on the proposed area for the PSPO and feed back to the Communities Team.

 

AGREED:

 

That the Chairman meet with those members who wished to feed into the consultation, and the proposed area for the PSPO, and this be fed back to the Communities Team.  

 

 

 

23.

Professional Licensing Practitioners Qualification

The Chairman and the Licensing and Business Support Manager to provide feedback from the  Professional Licensing Practitioners Qualification course.  

Minutes:

The Chairman, Councillor Angela Harrison and Donna Hall, Licensing and Business Support Manager, had recently undertaken the Professional Licensing Practitioners Qualification at the Institute of Licensing, which they had both passed. 

 

The Chairman highlighted the areas which formed part of their work; Licensing Act 2003, Gambling Act 2005, Taxis, Sex Establishments and Scrap Metal Dealers Act 2013.  Sessions were led by industry experts, who provided a wealth of knowledge.

 

It was noted that one of the outcomes from the training was that they were confident in the practices and procedures at South Holland.    

 

The Committee congratulated both the Chairman and Donna Hall on their success. 

24.

Panel of the Committee of the Licensing Authority Training

An opportunity for the Committee to discuss and provide feedback on the training held on 14 April 2016. 

Minutes:

The Chairman advised that the feedback from the training held for the Committee on 19 April 2016, had been collated and the results were very positive. 

 

Those members who attended the training felt that it had been an extremely informative and worthwhile day, especially the mock panel, which gave members a taste of how a panel worked.  Members were particularly impressed with Daven Naghen (Maples Solicitors, Spalding), who facilitated the training, they felt his knowledge and approach was exceptional. 

 

The Committee agreed that it would be useful to have a second day, which would cover the taxi licensing aspect, again with a mock panel, as the one already held was in relation to a premises under the Licensing Act 2003. 

 

 

25.

Any other items which the Chairman decides are urgent.

 

 

NOTE:            No other business is permitted unless by reason of special circumstances, which shall be specified in the minutes, the Chairman is of the opinion that the item(s) should be considered as a matter of urgency. 

Minutes:

There were none.