Meeting documents

Licensing Committee (2005-2015)
Thursday, 1st December, 2005 7.30 pm

Date:
Thursday, 1st December, 2005
Time:
07.30 p.m.
Place:
The Town Hall, Castlefield Road, Reigate, Surrey
 

Attendance Details

Present:
Councillor J.V. Lyndon Morgan (Chairman); Councillors Mrs. G.L. Circus, Mrs. D.E. Durward, J.M. Ellacott, R. Harper, A.M. Lynch, A.R. Mountney, J.H. Prevett and Mrs. A.N. Venn.
Min NoDescriptionResolution
Part I
19 MINUTES
 RESOLVED that the Minutes of the meeting held on 26th October, 2005 be approved as a correct record and signed.
20 APOLOGIES FOR ABSENCE
Minute for Minute Number 20
 
21 DECLARATIONS OF INTEREST
Minute for Minute Number 21
 
22 LICENSING SUB-COMMITTEE - MINUTES
Minute for Minute Number 22
RESOLVED that:
(i) the Minutes of the meetings of the Licensing Sub-Committee held on 31st May (1)* and 19th September*, 2005 be approved and signed as a correct record; and

(ii) the Minutes of the meetings of the Licensing Sub-Committees held on 31st May (2)*, 17th June*, 26th July*, 9th August*, 16th August*, 23rd August*, 6th September*, 23rd September*, 27th September*, 28th September*, 10th October (Appendix A hereto), 11th October (evening) (Appendix B hereto), 25th October (Appendix C hereto) and 18th November, 2005 (Appendix D hereto) be noted and submitted to either a meeting of the Licensing Sub-Committee with the same three Members of that Sub Committee being present or to the next meeting of the Licensing Committee for confirmation and signature provided all three Sub-Committee Members are present, whichever is the sooner.

(NOTE: - Copies of the Minutes marked ‘*' have been circulated previously in Minute Books Volume 3 - July, 2005 to September, 2005 and Volume 4 - October 2005 to November 2005).
23 LICENSING SUB-COMMITTEE - CONFIRMATION OF MINUTES
Minute for Minute Number 23
RESOLVED that

(i) the Executive be requested to recommend to Council the following amendment to the Committee and Sub-Committee Procedure Rules contained in the Council's Constitution:-

Delete paragraph 16.2 and substitute:-

"16.2 The Minutes of the Licensing Sub-Committee shall be submitted to either the next meeting of the Licensing Sub-Committee or to the next meeting of the Licensing Committee (whichever is the sooner) for confirmation and signature by the Chairman, provided at least one Member of the Sub-Committee whose Minutes are being considered for approval is present."

(ii) the Executive be invited to consider such further amendment to (i) above as it deems desirable to enable Minutes of the Licensing Sub-Committee to be brought forward for confirmation and signature without difficulty following the end of a municipal year.
24 LICENSING SUB-COMMITTEE - 19TH AUGUST, 2005
Minute for Minute Number 24
RESOLVED that the position be noted.
25 ANY OTHER URGENT BUSINESS
Minute for Minute Number 25
 
The meeting closed at 7.55 p.m.

Minute

Min NoMinute
20Apologies for absence were received from Councillors B.C. Cowle, S.A. Gates, N.D. Harrison, Mrs. S.F. King, F.J. Moore and T.D. Stoddart.
21None.
22The Committee noted that under the provisions of the Council's Constitution (Committee and Sub-Committee Procedure Rule 16.2) the Minutes of meetings of the Licensing Sub Committee could only be approved by this Committee if all the Members of the Sub Committee were present at the meeting to which the Minutes are submitted. The Minutes of a number of meetings of the Licensing Sub-Committee had been confirmed as a correct record at previous meetings of this Committee on 15th September and 26th October, 2005.

However, the Minutes of certain meetings remained outstanding due to the fact that not all Members of the Sub-Committees concerned were able to attend the previous meeting of this Committee. In addition further meetings of Licensing Sub-Committees had been held since that date and consequently Members were asked to confirm as a correct record the Minutes of the outstanding meetings.
23The Committee considered a report on a suggestion that Council be requested to approve an amendment to the Committee and Sub-Committee Procedure Rules contained in the Council's Constitution to facilitate the speedier confirmation of Minutes of meetings of the Licensing Sub-Committee.

The current provisions of the Constitution required that all three Members of Licensing Sub-Committee must be present at a meeting of the Licensing Committee or Licensing Sub-Committee to enable the Minutes of the Sub-Committee to be signed as a correct record. This arrangement had proved to be impractical and had resulted in considerable delays in confirming the Minutes of certain meetings of the Licensing Sub-Committee.

Consequently, it was suggested that a revised procedure should be introduced to allow greater flexibility in the process. Draft Minutes would be circulated to the three Sub Committee Members concerned and, provided all outstanding or unresolved issues had been settled, they would then be submitted for confirmation to the next meeting of the Licensing Sub-Committee or the Licensing Committee provided at least one Member of the Sub-Committee whose Minutes were being considered for approval was present. The legal implications of the proposal were considered, and a Member raised a query relating to a possible difficulty that could occur at the end of a municipal year if none of the three Members of a Licensing Sub-Committee were re-elected to serve on the Licensing Committee for the following municipal year. The Committee considered that this point should be referred to the Executive for consideration.
24Consideration was given to a report concerning an application for the variation of the Premises Licence for The Farmhouse, Langshott, Horley that had been considered at the above meeting of the Licensing Sub-Committee. The application had been approved subject to various conditions, and subsequently the Minutes of that meeting had been confirmed as a correct record.

Following an enquiry received from the applicant, the position was checked and it became apparent that the four conditions set out below relating to regulated entertainment had not been approved by the Sub-Committee and should not have been included in Minute No. 2(v) of that meeting:-

"(d) no amplified music outdoors at any time;

(e) no more than 4 events per year (an event is defined as any event including unamplified music or voice amplification or both);

(f) no more than one event per fortnight;

(g) no music or voice amplification will start before 11.00 hours or finish later than 20.00 hours."

It was reported that it was not possible to amend the Minutes as they had been approved as a correct record, but it was noted that the Licensing Section had been advised to send an amended Notice of Determination to the applicant and as a consequence the applicant's period for appeal would commence on receipt of the amended Notice.

Arising from the discussions, a Member enquired about the possibility of a pool of standard conditions being prepared for use by Members of the Licensing Sub-Committee as required. The Committee considered that this might be useful and asked for the list of conditions to be available from the commencement of the new municipal year.
25There were no items of urgent business, but officers agreed to try and clear as many outstanding Minutes of Licensing Sub-Committee as soon as possible.