Meeting documents

Licensing Committee (2005-2015)
Thursday, 23rd March, 2006 7.30 pm

Date:
Thursday, 23rd March, 2006
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, B.C. Cowle, Mrs. D.E. Durward, J.M. Ellacott, S.A. Gates, N.D. Harrison, Mrs. S.F. King, A.M. Lynch, F.J. Moore, A.R. Mountney, J.H. Prevett and Mrs. A.N. Venn.
Min NoDescriptionResolution
Part I
31 MINUTES
 RESOLVED that the Minutes of the meeting held on 4th January, 2006 be approved as a correct record and signed.
32 APOLOGIES FOR ABSENCE
 Apologies for absence were received from Councillors R. Harper and T.D. Stoddart.
33 DECLARATIONS OF INTEREST
 None.
34 LICENSING SUB-COMMITTEE - MINUTES
 RESOLVED that the Minutes of the meetings of the Licensing Sub-Committee held on 17th January, 31st January and 3rd March, 2006 (Appendices A to C inclusive hereto) be approved and signed as a correct record.
35 ANY OTHER URGENT BUSINESS
 None.
36 UPDATE ON APPEALS ARISING FROM DECISIONS MADE BY THE LICENSING SUB-COMMITTEES ON LICENSING APPLICATIONS
Minute for Minute Number 36
RESOLVED that the position of appeals arising from decisions made by the Licensing Sub Committees on licensing applications be noted.


The Chairman noted that as this was the last scheduled meeting of the Licensing Committee this Municipal Year, he would like to place on record his thanks for the amount of work undertaken by Members, Licensing and Democratic Services officers, and the Head of Legal and Property Services.
The meeting closed at 7.55 p.m.

Minute

Min NoMinute
36The Committee had before it details in relation to Appeals arising from decisions made by the Licensing Sub Committee on Licensing applications. The Legal Services Manager proceeded to provide an update on the latest position of these appeals.

A Member noted the importance of co-ordination between Planning and Licensing officers on occasions when the decisions of either Committee may have a material bearing on decisions of the other Committee, as appeared to be the case at a recent meeting of the Planning Committee. The Legal Services Manager noted that there was always room for improvement in communications and noted that the point raised would be taken on board. The Licensing Manager further noted that there was continual liaison between the Licensing section and Planning section in the Council, and explained the background to the situation that the Member had referred to. The Planning and Licensing functions of the Council were two distinct functions and as such, should be treated independently of each other, as set out in the Council's Licensing Policy.

In response to a query from a Member, the Head of Legal Services noted that new evidence would often come to light in the time between a decision made by a Licensing Sub Committee, and prior to the appeal being heard at the Magistrates Court. It was important that consideration was given to fresh evidence, as Magistrates treated appeals as a completely new hearing, and it was proper that the new evidence should be admitted.

The Chairman raised a point in relation to the degree of flexibility Legal Officers had in Court when defending a decision of the Licensing Sub Committee that had been appealed. In response, the Legal Services Manager was of the view that it would be helpful to find some avenue by which authority could be given for some degree of compromise should he feel, in his professional opinion, that such was for the benefit of the Licensing Authority. At present there was no mechanism to do this, and the Committee noted that this point merited further discussion between officers and Members outside of the meeting.