Agenda and minutes

Committee of the Licensing Authority
Thursday, 14th July, 2016 6.35 pm

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

Contact: Shelley French  01775 764451

Items
No. Item

1.

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.

2.

Minutes pdf icon PDF 69 KB

To sign as a correct record the minutes of the meeting held on 19 April 2016. (copy enclosed)

Minutes:

The minutes of the meeting held on 19 April 2016, were agreed as a correct record subject to an amendment being made to the third paragraph under the heading ‘Licensing Authority Update’ with the replacement of the word ‘complaint’ with ‘compliant’.

 

Councillor M G Chandler requested an update in respect of the Public Space Protection Officer (PSPO) and ongoing works.  The Licensing and Business Support Manager reported that she would be meeting with the Communities Manager in due course to discuss the consultation responses and feedback from the Police.  They would then be meeting with the Deputy Leader (Councillor Chandler) and the Portfolio Holder for Community Development (Councillor G J Taylor), and a consultant, Christine Taylor.  The Licensing and Business Support Manager added that the Communities Manager had also been liaising with Boston Borough Council who had introduced a PSPO recently.

3.

Appointment of Sub-Committees pdf icon PDF 44 KB

To agree that a selection of Sub-Committees for the purpose of discharging duties under the Licensing Act 2003 be appointed using the schedule (which includes every possible combination of members of the Committee of the Licensing Authority) (copy enclosed).

 

(The Constitution requires that the Committee of the Licensing Authority shall appoint such number of sub-committees as it considers necessary to discharge any of the duties under the Licensing Act 2003 that are delegated to a sub-committee by the Licensing Committee. The Constitution also requires that each sub-committee shall have a named membership comprising two ordinary members of the Licensing Committee and either the Chairman or Vice-Chairman of the Licensing Committee.  However, in exceptional circumstances where both the Chairman and Vice-Chairman are unable to sit on a Panel, the Licensing Panel would comprise three ordinary members of the Licensing Committee, with the Chairman being elected at the beginning of the hearing for the duration of the hearing only with the said person being fully trained in chairing and licensing issues. 

 

 

Minutes:

Members were asked to appoint a selection of Sub-Committees to discharge duties under the Licensing Act 2003.

 

It was noted that the Constitution required that the Licensing Committee of the Authority should appoint such number of sub-committees as it considered necessary to discharge any of the duties under the Licensing Act 2003 that were delegated to a sub-committee by the Licensing Committee.  The Constitution also required that each sub-committee should have a named membership which comprised two ordinary members of the Licensing Committee and either the Chairman or Vice-Chairman of the Licensing Committee. However, in exceptional circumstances where both the Chairman and Vice-Chairman are unable to sit on a Panel, the Licensing Panel comprise three ordinary members of the Licensing Committee, with the Chairman being elected at the beginning of the hearing for the duration of the hearing only with the said person being fully trained in chairing and licensing issues (min 337/09).

 

In previous years members had approved a schedule of sub-committees which included every possible combination of members within this Constitutional requirement.  As there were 15 members of the Committee this made a total of 158 sub-committees.  A schedule of sub-committees was prepared prior to the meeting and was attached at agenda item 4 of the pack. 

 

DECISION:  

 

(a)     That schedule of sub-committees for the purpose of discharging duties under the Licensing Act 2003 be approved; and

 

(b)     That in exceptional circumstances where both the Chairman and Vice-Chairman are unable to sit on a Panel, the Licensing Panel comprise three ordinary members of the Licensing Committee with the Chairman be appointed once a sub-committee has been called, and that the said person be fully trained in chairing and licensing issues.

4.

Licensing Authority Quarterly Performance Report pdf icon PDF 61 KB

To provide an update on activities relating to the work of the Licensing Authority (Report of the Executive Manager Public Protection is enclosed). 

 

Minutes:

The Licensing and Business Support Manager was in attendance to provide the Committee of the Licensing Authority with an update on the work which fell under the remit of the Licensing Authority.  The update covered the period of Quarter 1, 1 April 2016 – 30 June 2016. 

 

The Licensing Team were responsible for administering the statutory licensing framework, which governed businesses and regulated activities in South Holland. 

 

The Team carried out a wide range of interventions in order to ensure that licences and registrations are issued correctly and in accordance with legal provisions.  Officers were also involved in monitoring activity, which included; carrying out inspections, providing advice and performing investigations.  

 

The Committee of the Licensing Authority was provided with the following update:

 

Quarter 1: 1 April 2016 – 30 June 2016

 

Licence Type

Activity

Number in Q1

Licensing Act 2003

Premises Licence

Annual Fee Applications

New Applications

Minor Variations

Vary DPS

Transfer/Vary DPS

Transfer Applications

Change name and address holder

Change premises name

Revocation applications   

Update conditions

Suspension Applications

Suspension lifted

17

6

1

10

2

2

2

1

2

2

8

8

Club Premises Certificate

Annual Fee Applications

2

Personal Alcohol Licence

New Applications               

Change name/address

Lost/Stolen

20

16

1

 

TEN – With Alcohol

TEN Applications

44

Late TEN – With Alcohol

TEN Applications

6

Gambling Act 2005

Licensed Premises Gaming Machine Permit

Annual Fee Application

2

Club Machine Permit

Cancellation

1

Club Gaming Permit

Annual Fee Application

1

Small Society Lotteries

Annual Fee Applications

Change of Promoter   

New Applications

Returns Received

11

2

2

7

 

Inspection or Intervention

Number in Q1

Licensing Act 2003 premises

25

Licensing Act revisits

4

Panel Hearings

Outcome

20 Winsover Road – 21 April 2016

Application for grant of a premises licence 2016

Application rejected

Global Foods –  20 May 2016

Application for grant of a premises licence 2016

Application rejected

Appeals Ongoing

Scheduled Appeal Date

Baltic

following revocation of premises licence in February 2016

5 August 2016, Lincoln

Winsover Off Licence

following revocation of premises licence in Feb 2016

17 August 2016, Lincoln

Appeals Withdrawn

Outcome

NaszaBiedronka

 

Appeal withdrawn with effect from 13 June and agreement to pay costs.

Other Work

Freedom of Information Act Requests (public notices)

1

Safety Advisory Group and events advice

Member Training – Panel Hearings 14/4/16

Meeting regarding Pubwatch

Meeting regarding Community Alcohol Partnership (CAP)

Public Space Protection Order planning meeting

Cumulative Impact Policy information gathering

Investigation of complaints including SIA door staff and small society lottery        

Ongoing development of website and online applications facility for Licensing Act 2003 applications. Expected to go live in September when payment portal and applications procedures have been fully tested.

 

The Committee considered the report and the following questions were asked:

 

Annual Fee Applications

 

·         This referred to renewal applications and not actual new application.

 

·         Would Winsover Road and Baltic be classed as new applications.

 

Clarification would be sought and confirmed following the meeting. 

 

 

 

 

TENS Applications

 

·         Did the Council supply TENS applications without alcohol?

 

Yes.  Every matter was dealt with on  ...  view the full minutes text for item 4.

5.

Immigration Act Update

Minutes:

Councillor M G Chandler requested an update regarding the Immigration Act and the implications on licenced premises. 

 

The Licensing and Business Support Manager reported that updates to the regulations were expected in Spring 2017.  She advised that it was necessary to ensure that the Licensing Officers were carrying out thorough checks, in a similar manner to dealing with taxi licences.  More joined up working with the Police and Immigration would be expected in terms of further reports being made to the Council.

 

Councillor Chandler advised that where it was shown that property owners had not made sufficient checks on their employees there would be a case to warrant revocation of the licence at the first offence along with a potential £10,000 fine from the Police. 

 

The Licensing and Business Support Manager mentioned that Immigration Officers would also have more powers.  She agreed to provide further updates as the matter progressed. 

 

DECISION:

 

That the Licensing and Business Support Manager provide regular updates in respect of changes to the Immigration Act and its affect on licensing. 

6.

Licensing Act 2003 Review

To advise Members that the House of Lords has formed a Select Committee to review the Licensing Act 2003 and are calling for evidence into the effectiveness of the act, and to consider how the Committee may wish to participate.

 

 

Minutes:

Councillor M G Chandler reported that a survey had recently been issued from the Institute of Licensing and Coppleston and Allen in respect of the Licensing Act 2003 review.  He encouraged all members to respond, as well as the Licensing Team, and suggested that the Licensing Committee may also want to submit a group response. 

 

Councillor Chandler advised that she had met with the local MP and the Police and Crime Commissioner to discuss his feelings on the Licensing Act 2003 review.  As a result a meeting was being arranged for the three of them to visit Westminster and discuss their thoughts, of which there were six points:

 

·         Consideration of the need for a licenced premises to be open in the first instance.

 

·         A request to review the suitability of a premises in respect of licensing, as it currently fell within the Planning remit.

 

·         A request to review the suitability of trading style.

 

·         A review of the Appeals Procedure.  For example, when there was strong evidence of criminal activity the revocation of a licence should be made affective within 24 hours, with no sale, and no process for obtaining compensation should the appeal be upheld. 

 

·         A request to review the suitability of the applicant.

 

·         Consideration of the relicensing of tobacco products.

 

The Licensing and Business Support Manager advised that Sgt Kim Enderby would be asked to provide any evidence required to support their case.

 

Councillor Chandler added that Breckland Council should also be encouraged to submit individual and group responses to the survey on behalf of their Licensing Committee and Licensing Officers.  Members noted that the deadline for response was in September 2016.

 

The Chairman and Licensing and Business Support Manager agreed to liaise with Committee members, to go through the survey responses. 

 

DECISION:

 

a)      That the Licensing Committee members be encouraged to respond to the survey individually;

 

b)      That the Licensing Committee respond to the survey as a group for which the Licensing and Business Support Manager would arrange a meeting;

 

c)      That the Licensing Team respond to the survey on behalf of officers; and

 

d)      That Breckland Council also be encouraged to respond to the survey.

7.

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:

Licensing Hearings and Safeguarding Training – 22 September 2016

 

The Chairman reported that she would be attending a training session, which was being facilitated by the Institute of Licensing, on  Licensing Hearings and Safeguarding which was scheduled on 22 September 2016.  She requested that any members interested in attending contact her no later than Monday 18 July 2016 so that places could be booked.

 

DECISION:

 

That members interested in attending the above training contact the Chairman to arrange places.