Agenda and minutes

(Head of Research and Democratic Services) To declare interests in any item on this agenda.

There were no declarations of interest pursuant to the Council’s Code of Member Conduct.

Section 100B(4)(b) of the Local Government Act 1972, together with paragraphs (6) and (24) of the Council Procedure Rules contained in the Constitution require that the permission of the Chairman be obtained, after prior notice to the Chief Executive, before urgent business not specified in the agenda (including a supplementary agenda of which the statutory period of notice has been given) may be transacted.

In accordance with Operational Standing Order 6 (non-executive bodies), any item raised by a non-member shall require the support of a member of the Committee concerned and the Chairman of that Committee. Two weeks’ notice of non-urgent items is required.

It was noted that there was no other urgent business for consideration by the Committee.

To confirm the minutes of the meeting held on 18 October 2006 (attached).

The minutes of the Licensing Committee dated 18 October 2006 be taken as read and signed by the Chairman as a correct record.

Copies of the minutes of the Sub-Committee minutes will be available for the relevant Chairmen to sign off.

The Chairman requested that the minutes of the sub-committee meeting be produced as quickly as practically possible after each meeting.

            RESOLVED:

That the minutes of the following meetings of the Licensing Sub-Committee be taken as read and signed by the relevant Chairmen as a correct record:

·         5 October 2006;

·         2 November 2006;

·         7 December 2006;

·         11 January 2007;

·         5 April 2007.

Under the Licensing Act 2003 officers are required to report on the numbers of applications received and the determinations of those applications. Figures relate to the period up to 31^st March 2007.

The meeting noted the current situation with regard to the applications received under the Licensing Act 2003 and the figures supplied that related to the period up to 31 March 2007. It was noted that there were 10 new premises applications and 29 renewals, 6 were considered by the sub committees. The Committee noted that there was only one review carried out. Also noted was that there were 41 personal licence applications.

Councillor Wyatt asked if we had ever refused a premises application, the Environmental Health Manager said that they had not, they had mostly relied on imposing conditions rather than refusing an application.

RESOLVED:

That the report to the Licensing Committee on the current situation in respect of applications under the Licensing Act 2003 be noted.

Members are asked to review the proceedings of the Licensing Sub-Committee meetings held so far and identify any problems of procedure, policy and housekeeping that have adversely affected the running of the meetings.

(a)        The Chairman commented that he was happy that the sub-committees had worked well with the mix of new and experienced members, although the more experienced members tended to take the lead. He would like the newer members to take the chairmanship at least once to increase their experience. It was noted that even though a member was not sitting on a sub committee they were always welcome to attend a meeting as an observer to see how things worked.

Councillor Morgan was happy that the meetings were now held in the Council Chamber as it was a more appropriate setting. He also thought it was a good idea that new members should take the chair after they had gained some experience.

(b)            Councillor Wyatt asked that the address on application forms for taxi drivers matched their address on their driving licence. It was explained by offices that they had no control as to whether an applicant changed their address on their driving licence. However if they suspected anything was wrong, officers did run further checks on the applicant and asked to see other proof of identity and current address.

(c)            Councillor Mrs Rush made a plea that at a suitable time in the proceedings, say at 1pm, a lunch break was called as a matter of routine. The Chairman should make this clear at the start of proceeding to the Sub Committee and the applicants. The committee agreed that they should do this as a matter of routine.

Consultation on the statement of principles began on the 31^st July 2006 and ended on 20^th October.  The statement of principles went to cabinet on 13^th November 2006 and was adopted by Council on 14^th December 2006.  They have been in place since 31^st January 2007.  Applications to convert existing licences will start to arrive as from 21^st May 2007, the Act will be fully implemented as from 1^st September 2007.

The Government have published guideline fees (attached) outlining the maximum fee that can be levied.  Officers are consulting with other Council’s (via the Essex Licensing Officers Forum) before setting the fee levels.  A verbal report will be given at the meeting.

The Environmental Health Manager distributed a paper (attached) that showed the proposed fees for the coming Gambling Act applications. The charges were not always set at the government maximum, which were shown in brackets, but at the predicted cost to the council. The Government had declared that Licensing Authorities are not allowed to charge more than cost and that it should be at no cost to the tax payers. The fees were worked out on the sections projected costs and also in consultation with other authorities. They could always be changed after the first year if it was felt they were set at the wrong level.

It was noted that if needed, Casino fees would need to be set at the maximum to enable the council to bring in outside help.

Councillor Cohen asked if some of the charges had been set too low, he was told that they were the set according to the expected work they would generate.

Asked if the charges could be reviewed, the Environmental Health Manager replied that there was to be an annual review of the charges.

Councillor House asked if we would monitor the premises to check compliance and will this cost be covered. He was told that this was built into the annual licence fee and it was not envisaged that more than an annual check would be needed.

Councillor Morgan asked in regard to gaming machines, would guidelines be given to sub-committees as regards to objections and layout. He was told that yes, guidance would be given.

            RESOLVED:

            That the Committee endorsed the fees shown, subject to an annual review.

It is intended to undertake a full review of all environmental health functions during the coming year.  As part of this review a number of areas will be subject to particular scrutiny.  One of these is licensing.  The Rogers review of local authority regulatory priorities has highlighted alcohol, entertainment and late night refreshment licensing as a national enforcement priority and internally officers consider that the time is right to review public hire licensing.  In order to facilitate this process a review protocol is being developed based on value for money and best value principles.  Once developed members will be asked to comment on the protocol.  In the mean time members of this committee are asked to think particularly about public hire licensing and those areas that they consider need changing/updating.

The Environmental Health Manager explained that it was intended to undertake a full review of the current Public Hire Licensing policy. Members set the policy thirteen years ago, and it was time that it was reviewed again. Some of the areas that would need reviewing are the livery of taxis, if they should have meters, should there be rebates on green taxis and what about disabled access to taxis. Also, all vehicles are currently tested at the Langstone Road depot, is this fair?

The Environmental Health Manager will circulate a letter asking for ideas from members and the trade bodies as to what they would like to see reviewed. The subsequent suggestions would be presented to the Licensing Committee and probably on to the main Overview and Scrutiny Committee. If this review resulted in any policy changes then it would have to go to Council for adoption.

New member training to be held on 21 June 2007.

The committee noted that there were no major legislative initiatives coming up the year to warrant any special training. There was however, the annual member training on licensing coming up on 21 June 2007 and this was recommended as a refresher course for all committee members.

(a)            Councillor House raised his concerns that with the no smoking legislation coming into force, smokers would be driven outside pubs. This may lead to pressure to grant more outside entertainment licences. The Environmental Health manager replied that experience in Ireland and Scotland had shown that there was an increase in noise complaints, but these were dealt with separately. It should be remembered that all establishments could be called in for review.

(b)            Councillor Morgan asked about the cost of transferring alcohol licensing from magistrates to Local Councils, at the time it was thought that it would cost thousands of pounds. He was assured that at present they were breaking even.

(c)            Councillor Mrs Pond wanted to know it was true that the British Legion had obtained a blanket national licence for all of England. The Environmental Health manager assured her that there was no such thing as a national licence.

(d)        The Committee thanked Kim Tuckey for producing the “who’s taking you home” card warning about illegal minicabs, it was much appreciated and well produced.

The next meeting of the Licensing Committee has been scheduled for Wednesday 10 October 2007 at 2.00pm in the Council Chamber.

The next meeting of the Licensing Committee had been scheduled for Wednesday 10 October 2007, at 2pm in the Council Chamber.