Agenda and minutes

(Assistant to the Chief Executive) 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 Licensing Committee meeting held on 10 October 2007.

RESOLVED:

That the minutes of the meeting held on 10 October 2007 be taken as read and signed by the Chairman as a correct record.

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

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:

(i)         4 October 2007;

(ii)        1 November 2007;

(iii)       6 December 2007;

(iv)       10 January 2008;

(v)        7 February 2008; and

(vi)       6 March 2008.

Under the Licensing Act 2003, officers are required to report on the numbers of applications received and the determinations of those applications. The following table outlines the applications received for the period up to 31 March 2008.

(a)        Premises Licence Applications/Variations

Number of new applications                                                                           8

Number of renewals                                                                                       7

Change of Designated Premises Supervisor                                                 38

Number of applications for variation                                                               10

Number of applications granted under delegated authority                            14

Number of applications considered by the Sub-Committee                          5

Number of applications granted subject to conditions                                   4

Number of applications refused                                                                      1

Number of appeals to Magistrates                                                                  0

Temporary Event Notices                                                                               37

Reviews                                                                                                          1

(b)       Personal Licence Applications

Number of applications received                                                                    37

Number of applications granted under delegated authority                            37

Number of applications refused                                                                      0

Number of appeals to Magistrates                                                                  0

(c)        Gambling Act 2005

3 Betting Office applications granted, 1 Club gaming permit granted, 8 notifications for 2 machines.

(d)       Other Applications Considered

1 Street trading application – withdrawn.

The Assistant Director of Legal Services reported that, up to 31 March 2008, in respect of Premises License Applications or Variations, there had been 8 new applications, 7 renewals, 38 Change of Designated Premises Supervisor applications, and 10 applications for variation received. Of these, 14 applications were granted under delegated authority, whilst 5 were considered by Sub-Committee and granted subject to conditions. A single application had been refused and there had not yet been an appeal to the Magistrate’s Court. In addition, 37 Temporary Event Notices had also been granted, and 37 Personal Licence applications had been received and granted under delegated authority. It was noted that under the Gambling Act 2005, 3 Betting Office Applications had been granted and 1 Club gaming permit granted.

            RESOLVED:

That the report to the Licensing Committee regarding the current situation in respect of the applications received under the Licensing Act 2003 and the Gambling Act 2005 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.

RESOLVED:

That the Committee were satisfied with the current procedures of the Licensing Committee and the Sub-committee meetings.

Following the transfer of Licensing to Corporate Support Services the review of Licensing will be planned and reported to the next Committee.

The Chairman welcomed Simon Fisher, the Divisional Licensing Officer for Essex Police, who was there at the invitation of the Committee. They had concerns that they had not received many objections from the Police. He was asked to take the Committee through their procedure on how they decide to object (or not) to any particular application. Mr Fisher said that when an application was received, if they have any concerns they carry out a full investigation, including interviews. If they continued to have concerns then they would take it to the District Licensing Sub-committee. If, for example, they have a problem with personal criminal convictions they will talk to the person concerned and see if they can sort it out. This can have the effect to cause the application to be withdrawn. When it comes to Licensing Sub-committees, they do go through all applications and would have negotiated with applicants to modify or withdraw their application. Only a very few will need to be brought to the Sub-Committee. The cases that they have brought recently to the Sub-Committee have been led by Counsel, who was complementary about the way it was handled and the speedy way it was dealt with. Any infringements that we may receive intelligence about, we investigate and give out warnings etc.

Mr Fisher was asked about a recent Sub-committee meeting that reviewed a licence. The review was refused because of the low quality of evidence presented. The evidence was supplied by ECC and not the Police.  Councillor Cohen remarked that the second set of proceedings were prosecuted by Counsel and were presented in a more legal way. As this sort of application was looking at taking away someone’s livelihood, it was only right for it to be more formal. In future will you continue to use the services of Counsel? Mr Fisher replied that it was difficult to answer this. If the other side was to be represented by Counsel then they would like to have their own Counsel there, other wise he would handle the case.

Councillor Morgan remarked that the evidence was much better for the second case. Mr Fisher agreed, saying the Trading Standards had learned from the previous cases. They were conscious that it had to be done properly, with enough evidence being presented. The Senior Licensing Officer commented that the Trading Standards people were surprised at the formality of the meeting and embarrassed that they did come completely prepared and will do better next time.

Councillor Cohen asked if the police were constrained by Trading Standards taking the lead. Mr Fisher replied that the Home Office has said that Trading Standards must take the lead. They were learning and getting better at presenting their cases.

Councillor Wyatt asked if they ensured that the young people used in test purchasing lived some way from the shop being tested. Mr Fisher confirmed that they were all drawn from different areas well away from the test areas to ensure that they are not known.  ...  view the full minutes text for item 20.

For the Committee to note that the triennial review of the Policy was undertaken and the updated policy was adopted by the Cabinet on 4 February 2008.

Councillor Mrs Smith asked about possible concession for green taxis. The Senior Licensing Officer said that they were currently looking at the new business plan, which involved all things covering taxis. They would bring their conclusions to members when the report is done. This will also include proposals for the Langston Road MOT service for taxis. Currently there is some debate whether Langston Road is to be sold off. EFDC would have to reconsider their options if this is done.

Councillor Cohen said that there were some concerns over the fees being charged under the Gambling Act; are we covering our costs? The Senior Licensing Officer said she would find out and get back to the committee on this.

ACTION: to report back on the fees charged under the Gambling Act.

Following the sub-committee meeting of the 7^th February a letter was received from Louise Fuller, the Clerk to Loughton Town Council.  Louise offered some observations on the sub-committee process which Members may find useful.  Her letter together with subsequent email correspondence are attached.

The Committee noted the concerns and observations offered by the Loughton Council Town Clerk in her letter of 14 February 2008.

They noted that:

• the procedures of the Sub-Committee were always read out at the start of a case and also appears on the agenda;
• the venue is considered by the Committee to be the most appropriate, they have tried other venues, such as the Committee Rooms but they did not work as well;
• the cases, especially for Taxi licences , do not last very long; and
• the Chamber has very good microphones, so sound should not be a problem.

            RESOLVED:

To keep to using the Council Chamber for all Licensing Meetings where possible.

Members training will take place on 1 July 2008.

1.         The Committee noted that a Sub-committee should be made up of experienced and novice members and that all members should have a chance to chair a meeting at least once.

2.         The Committee agreed that a chairman does not necessarily have to continue all day, and can change. However, a Chairman must sit through an entire application and not change halfway through.

The next meeting of the Licensing Committee has been scheduled for 15 October 2008 at 2.00pm in the Council Chamber.

1.         The Committee noted the date of the next scheduled meeting.

2.         As this was the last Committee meeting of the year, the members wanted to give a vote of thanks to the officers for their hard work during the year. This was also the last meting for the Chairman of the Committee, Councillor Woollard, who was stepping down as a Councillor at the end of the year. The Committee wanted to express their thanks to him for all his hard work on the committee during the year.