Agenda, decisions and minutes

Audio Recording – Start of Item – 26 seconds

Apologies for absence were received from Councillors Gary Grindal, Paul Marment, Mike Rice.

Audio Recording – Start of Item – 26 seconds

Apologies for absence were received from Councillors Gary Grindal, Paul Marment, Mike Rice.

 To take as read and approve as a true record the minutes of the meeting of this Committee held on the 12 March 2018

Audio Recording – Start of Item – 38 seconds

RESOLVED:That the Minutes of the Meeting of the Committee held on 12 March 2018 be approved as a true record of the proceedings and be signed by the Chairman.

Audio Recording – Start of Item – 38 seconds

The Licensing Manager updated the Committee on the action taken regarding a previous resolution of the Committee.

RESOLVED:That the Minutes of the Meeting of the Committee held on 12 March 2018 be approved as a true record of the proceedings and be signed by the Chairman.

Members should notify the Chairman of other business which they wish to be discussed by the Committee at the end of the business set out in the agenda. They must state the circumstances which they consider justify the business being considered as a matter of urgency.

The Chairman will decide whether any item(s) raised will be considered.

There was no other business notified.

There was no other business notified.

Members are reminded that any declarations of interest in respect of any business set out in the agenda, should be declared as either a Disclosable Pecuniary Interest or Declarable Interest and are required to notify the Chairman of the nature of any interest declared at the commencement of the relevant item on the agenda.  Members declaring a Disclosable Pecuniary Interest must withdraw from the meeting for the duration of the item. Members declaring a Declarable Interest, wished to exercise a ‘Councillor Speaking Right’, must declare this at the same time as the interest, move to the public area before speaking to the item and then must leave the room before the debate and vote.

Audio Recording – Start of Item – 6 minutes 23 seconds

(1)       The Chairman announced that Members of the public and the press may use their devices to film/photograph, or do a sound recording of the meeting, but she asked them to not use flash and to disable any beeps or other sound notifications that emitted from their devices. 

(2)       The Chairman announced that, in accordance with Council policy this meeting was being audio recorded;

(3)       The Chairman reminded Members that, in line with the Code of Conduct, any Declarations of Interest needed to be declared immediately prior to the item in question. Members declaring a Declarable Interest wishing to exercise a “Councillor Speaking Right” must declare this at the same time as the Interest.

Audio Recording – Start of Item – 6 minutes 23 seconds

(1)       The Chairman announced that Members of the public and the press may use their devices to film/photograph, or do a sound recording of the meeting, but she asked them to not use flash and to disable any beeps or other sound notifications that emitted from their devices. 

(2)       The Chairman announced that, in accordance with Council policy this meeting was being audio recorded;

(3)       The Chairman reminded Members that, in line with the Code of Conduct, any Declarations of Interest needed to be declared immediately prior to the item in question. Members declaring a Declarable Interest wishing to exercise a “Councillor Speaking Right” must declare this at the same time as the Interest.

To receive petitions and presentations from members of the public.

Audio Recording – Start of Item – 7 minutes 31 seconds

There were no presentations by members of the public.

Audio Recording – Start of Item – 7 minutes 31 seconds

There were no presentations by members of the public.

The purpose of this report is for the Licensing and Appeals Committee to consider the draft Statement of Licensing Principles (“the Policy”) prepared by officers and the public consultation responses in order to recommend the adoption of a final Statement of Licensing Principles to Full Council.

Audio Recording – Start of Item – 7 minutes 37 seconds

RESOLVED:

(1)       That the Licensing Officer be requested to add some clarification to C3.1 of the Policy regarding Casinos;

(2)       That the Licensing Officer add a paragraph at Section E1 that Local ward councillors should be able sit on a sub-committee determining an application in their ward, or neighbouring ward, if they believe their local knowledge would be beneficial to the decision making process provided their participation is in accordance with the Member’s Code of Conduct.

RECOMMENDED TO COUNCIL:That the Gambling Act 2005: Statement of Licensing Principles 2019-2022 (as amended by the Licensing and Appeals Committee) be adopted.

REASONS FOR DECISION:

(1)       Licensing authorities are required to publish a policy every three years by virtue of section 349 of the Gambling Act 2005 (“the Act”);

(2)       A new policy must be published by 3 January 2019 to comply with this statutory requirement;

(3)       The Policy builds on the effectiveness of the existing policy with minor amendments to reflect changes in legislation, statutory guidance, consultation responses and further clarification on the requirement for local area risk assessments.

Audio Recording – Start of Item – 7 minutes 37 seconds

The Licensing Manager presented the report entitled Gambling Act 2005: Statement of Licensing Principles 2019-2022. The following appendices were attached to the report:

Appendix A - Proposed Statement of Licensing Principles;

Appendix B - Summary of Responses to Statement of Licensing Principles;

Appendix C - Response to Consultation.

The Licensing Manager expressed concern at the number of Members present to consider this extremely important Policy.

The Chairman agreed to consider the request from Members all future meetings start at 7.30pm.

The following Members contributed to the debate (in order of initial contribution):

Councillor Simon Harwood;

Councillor Gerald Morris;

Councillor Val Bryant;

Councillor Jean Green

Councillor Lisa Nash

Section 4 of the report detailed that no alternative options were considered

The following amendments to the Policy were proposed:

·                That clarification be added to Paragraph C3.1 of the Policy regarding Casinos;

·                That Local ward councillors should be able sit on a sub-committee determining an application in their ward, or neighbouring ward, if they believe their local knowledge would be beneficial to the decision making process provided their participation is in accordance with the Member’s Code of Conduct.

It was proposed, seconded and

RESOLVED:

(1)       That the Licensing Officer be requested to add some clarification to C3.1 of the Policy regarding Casinos;

(2)       That the Licensing Officer add a paragraph at Section E1 that Local ward councillors should be able sit on a sub-committee determining an application in their ward, or neighbouring ward, if they believe their local knowledge would be beneficial to the decision making process provided their participation is in accordance with the Member’s Code of Conduct.

RECOMMENDED TO COUNCIL:That the Gambling Act 2005: Statement of Licensing Principles 2019-2022 (as amended by the Licensing and Appeals Committee) be adopted.

REASONS FOR DECISION:

(1)       Licensing authorities are required to publish a policy every three years by virtue of section 349 of the Gambling Act 2005 (“the Act”);

(2)       A new policy must be published by 3 January 2019 to comply with this statutory requirement;

(3)       The Policy builds on the effectiveness of the existing policy with minor amendments to reflect changes in legislation, statutory guidance, consultation responses and further clarification on the requirement for local area risk assessments.

The purpose of this information note is to give the Licensing and Appeals Committee an overview of the work undertaken by the Licensing Service over the past twelve months.

Audio Recording – Start of Item – 36 minutes 40 seconds

RESOLVED:

(1)     That the Information Note entitled Licensing Annual Report be noted;

(2)     That the Licensing Officer be requested to write, on behalf of the Committee to the relevant Central Government Department to express concern that the Licensing fees able to be charged do not cover the costs to the Council for administration.

REASON FOR DECISIONS: To consider the Information Note entitled Licensing Annual Report.

Audio Recording – Start of Item – 36 minutes 40 seconds

The Licensing Manager presented the Information Note entitled Licensing Annual Report.

The following Members contributed to the debate (in order of initial contribution):

Councillor Gerald Morris;

Councillor Simon Harwood;

Councillor Michael Muir;

Councillor Val Bryant;

Councillor Lisa Nash

It was proposed that the Licensing Officer be requested to write, on behalf of the Committee to the relevant Central Government Department to express concern that the Licensing fees able to be charged do not cover the costs to the Council for administration.

RESOLVED:

(1)     That the Information Note entitled Licensing Annual Report be noted;

(2)     That the Licensing Officer be requested to write, on behalf of the Committee to the relevant Central Government Department to express concern that the Licensing fees able to be charged do not cover the costs to the Council for administration.

REASON FOR DECISIONS: To consider the Information Note entitled Licensing Annual Report.