Agenda and minutes

Apologies were received from Councillors Eales and Strachan.

Copy herewith

Subject to grammatical corrections, the minutes of the meeting held on the 27^th September 2011 were signed by the Chair.

There were none.

There were none.

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The Committee discussed Labour Proposals outlined in the report as set out below:

Plans of Premises.

The Licensing Officer explained that a plan to scale was produced and was available for Members to view if they contacted the Licensing Team. It was noted that a reduced size map was circulated prior to a Licensing Sub Committee with the relevant paperwork but was considered too small to be a true representation of the plan. It was noted that a plan could be displayed as routine at Sub Committee meetings when applications were being considered.

Site Visits

The Licensing Officer commented that he had no strong objections to a site visit being carried out but that they would have to be carried out under strictly controlled conditions. This would include Members of the Sub Committee having no contact with interested parties prior to the meeting, which would include the site visit.

The Solicitor expressed concern with regards to the logistics and practicalities of site visits due to the legal time-scale of a Sub Committee having to be heard within 20 working days from the last date of objections.

He also explained that in the interest of eradicating any conflicts of interests, the Licensing Officer that would escort members on site visit would not be able to attend the Sub Committee, which would further exacerbate the logistical problems with regards to attending Sub Committee meeting and site visits within a strict timeframe. He further expressed concern over possible allegations of pre-determination and pre-conceptions in relation to Members on site visits and commented that Members would be forbidden from approaching or communicating with interested parties.

The Committee discussed the proposed site visit and agreed in principal that site visits could be arranged on an ad hoc basis when agreed by all members of a Sub Committee that it would be necessary.

High Risk Premises

With regards to high-risk premises, the Licensing Officer explained that they were all subject to checks from multi agency bodies, which was included in the risk self-assessment carried out by the Premises. He commented that the Fire Service advised on capacity, but there were no sanctions if the advice was ignored. It was explained that some Licensed Premises had no capacity restrictions placed on them, as they had not been transferred from the Public Entertainment Licence when the Licensing Act 2003 was introduced in 2005. Therefore no conditions had been placed on their license. In relation to overcrowding, it was explained that the Police or Fire Service had the authority to present a Premises with a Closure Order, should they consider the Premises to be in breach of legislation. This had been the procedure in a number of cases.

The Solicitor explained that conditions could not be placed on a Licensed Premises unless they came before the Sub Committee should a complaint be presented to the Council by a responsible authority and restrictions on capacity would have to be recommended by the Fire Service.

The Committee requested that further information  ...  view the full minutes text for item 6.

An oral update from the Prinicipal Licensing Officer.

The Licensing Officer explained that the Late Night Levy was being reconsidered and was out for consultation again. A response on the consultation would be given after it closes in April 2012. The Chairman commented that there had been ongoing debate about the Levy, which had proved unpopular with some Local Authorities due to the revenue from the Levy not being ring fenced and proportionally not satisfactory for the cost of imposing the levy.

The Licensing Officer updated the Committee and reported that the Taxi Age Consultation would finish on the 29^th February 2012 and a report bought before the Committee in May 2012.

The Licensing Officer informed members that following representations to the Government there was to be a change in policy and all Hackney and Private Hire drivers would now have to undergo the Enhanced Criminal Record Bureau check as opposed to the Standard Check. This reverses previous advice given by the Criminal Record Bureau.

The Chairman encouraged Members to attend the taxi-drivers course, run by the Council as a means of gaining insight to the current course content.

The Chair to Move:

“that the public and press be excluded from the remainder of the meeting on the grounds that there is likely to be disclosure to them of such categories of exempt information as defined by section 100(1) of the Local Government Act 1972 as listed against such items of business by reference to the appropriate paragraph of Schedule 12a to such act.”

The Chair moved that the Public and Press be excluded from the remainder of the meeting on the grounds that there was likely to be disclosure to them of such categories of exempt information as defined by Section 100(1) of the Local Government Act 1972 as listed against such items of business by reference to the appropriate paragraph of Schedule 12A to such Act.

The Motion was Carried.