Meeting documents

Licensing Committee (2005-2015)
Tuesday, 25th May, 2010 7.30 pm

Date:
Tuesday, 25th May, 2010
Time:
7:30 pm
Place:
New Council Chamber, Town Hall, Reigate
 

Attendance Details

Present:

Councillors: B.C. Cowle, S.N. Farrer, Dr. L.R. Hack, N.D. Harrison, Mrs. S.F. King, A.M. Lynch, R.S. Mantle, Mrs. R. Mill, R.C. Newstead, Mrs. C.E. Poulter, R. Rampertab, Mrs. A.F. Tarrant
Also Present:
The Mayor (Councillor D.J. Pay) (for item 2);
Min NoDescriptionResolution
Part I
1. CONSENT FOR THE MAYOR TO TAKE THE CHAIR
 RESOLVED that in accordance with Committee and Sub-Committee Procedure Rule 11.2, consent be given for the Mayor to take the Chair for the next item of business.
2 ELECTION OF CHAIRMAN
 RESOLVED that Councillor A.M. Lynch be elected Chairman of this Committee for the Municipal Year 2010-11.
3 ELECTION OF VICE-CHAIRMAN
 RESOLVED that Councillor R.S. Mantle be elected Vice-Chairman of this Committee for the Municipal Year 2010-11
4 MINUTES
 RESOLVED that the minutes of the meeting held on 2nd June 2009 be approved as a correct record and signed.
5 APOLOGIES FOR ABSENCE
 Apologies for absence were received from Councillors A.J. De Save, R. Harper and R.F.C. Wagner
6 DECLARATIONS OF INTEREST
 None.
7 SUB-COMMITTEE CHAIRMEN
Minute for Minute Number 7
RESOLVED that the following Members be elected as Chairmen of the Council's five Licensing Sub-Committees for the Municipal Year 2010/11:

Sub-Committee A - Councillor Dr. L.R. Hack
Sub-Committee B -Councillor N.D. Harrison
Sub-Committee C -Councillor Mrs. C.E. Poulter
Sub-Committee D -Councillor R.S. Mantle
Sub-Committee E -Councillor R.F.C. Wagner
8 LICENSING ACT 2003:
LICENSING COMMITTEE TERMS OF REFERENCE
Minute for Minute Number 8
RECOMMENDED that the Licensing Committee terms of reference, as listed in the Council's Constitution, be amended to cover all functions of the Council in relation to the Licensing Act 2003 unless specifically excluded by legislation or delegated to the Licensing Sub-Committee or officers
9 LICENSING ACT 2003:
DELEGATION OF NEW STATUTORY POWERS
Minute for Minute Number 9
RESOLVED that:

(i)the report be noted and that the delegation of statutory powers to officers and the Licensing Sub- Committee be commended, specifically:

(a) officer delegation to determine minor variation applications for premises licences and club premises certificates, including the decision whether to consult with the responsible authorities under sections 41A to 41C and 86A to 86C of the Act;

(b) officer delegation to determine applications for community premises that wish to apply to sell alcohol without a Designated Premises Supervisor and Personal Licence holder under sections 25A and 41D of the Act, where no relevant representations have been received; and

(c) where representations are received in respect of applications under sections 25A and 41D of the Act, the matter be delegated to the Licensing Sub-Committee for determination.

(ii)a formal request be made to the Council's Monitoring Officer to ask the Executive to note the comments of the Committee supporting the proposed delegation of new statutory powers to officers and the Licensing Sub-Committee as set out in (1) above.
10 ANY OTHER URGENT BUSINESS
 None.
7.44 pm

Minute

Min NoMinute
7In accordance with previous decisions of the Council, consideration was given to the election of Chairmen for the five Licensing Sub-Committees
8The Committee considered a report recommending that its terms of reference should be broadened to encompass responsibility for all functions falling within the powers of the Licensing Act 2003.

At present, the terms of reference for the Committee were narrow in definition and prescriptive in nature, meaning that some existing powers and any subsequent amendments under the Licensing Act 2003 remained the responsibility of full Council.

This fettered the Committee's ability to delegate appropriate functions to a Sub Committee or officers, meaning that the Council could be at risk of legal challenge should statutory deadlines not be met in determining applications or taking any necessary enforcement action.
9The Committee considered a report summarising recent amendments to the Licensing Act 2003 which introduce a new process for dealing with minor variations in respect of premises licences and club premises certificates. The amendments also allow for community premises to supply alcohol with the authorisation of a management committee.

The Department of Culture, Media and Sport had issued guidance recommending that licensing officers be delegated responsibility to determine applications under the amended legislation, in order to be able to respond promptly and efficiently within the 15 working day period.

The report recognised that the Committee currently had no authority to deal with the new processes or to delegate relevant matters to the Sub-Committee or officers