Meeting documents

Licensing Committee (2005-2015)
Thursday, 8th March, 2007 7.30 pm

Date:
Thursday, 8th March, 2007
Time:
07.30 p.m.
Place:
New Council Chamber, Town Hall, Reigate
 

Attendance Details

Present:
Councillor A.M. Lynch (Vice Chairman in the Chair); Councillors Mrs. L.J. Brunt, Mrs. G.L. Circus, A.J. De Save, Mrs. F.D.M. Dixon, Mrs. D.E. Durward, J.M. Ellacott, S.A. Gates, R. Harper, N.D. Harrison, Mrs. S.F. King and Mrs. R.S. Turner.
Min NoDescriptionResolution
Part I
17 MINUTES
 RESOLVED that the Minutes of the meeting held on 14th September 2006 be approved as a correct record and signed.
18 APOLOGIES FOR ABSENCE
 Apologies for absence were received from Councillors B.C. Cowle and Mrs. A.N. Venn.
19 DECLARATIONS OF INTEREST
 None
20 LICENSING SUB-COMMITTEE - MINUTES
 RESOLVED that the Minutes of the meetings of the Licensing Sub-Committee held on 7th November and 11th January 2007 (Appendices A and B hereto) be approved and signed as a correct record.
21 LICENSING ACT 2003 - EXERCISE OF DELEGATED FUNCTIONS
Minute for Minute Number 21
RESOLVED that the level of licensing activity undertaken through delegated functions as detailed in Annex 2 of the report to the Committee be noted.
22 LICENSING ACT 2003 - CONSULTATION ON THE REVISED SECTION 182 GUIDANCE ISSUED JANUARY 2007
Minute for Minute Number 22
RESOLVED that the Head of Environmental Health Services be authorised in consultation with the Chairman of the Committee to respond to the Department for Culture, Media and Sport on the consultation document on behalf of the Committee taking account of the above comments.
23 LICENSING ACT 2003 - STATEMENT OF LICENSING POLICY
Minute for Minute Number 23
RESOLVED that the Head of Environmental Health Services take account of the above comments in preparing the Statement of Licensing Policy for public consultation purposes.
24 ANY OTHER URGENT BUSINESS
 None
The meeting closed at 8.15 p.m.

Minute

Min NoMinute
21The Committee were informed that Department for Culture, Media and Sport (DCMS) Guidance under the Licensing Act 2003 stated that ‘Licensing Committees should receive regular reports on decisions made by officers so that they maintain an overview of the general situation.'

The Committee received a breakdown of the activities undertaken through delegated functions. In noting this information the Committee agreed that it should receive similar update reports at each of its meetings in future.
22The Committee were informed that the Government provided Guidance to aid licensing authorities to carry out their functions under the Licensing Act 2003. The Guidance was first issued in July 2004 to be reviewed in two stages.

The initial review led to the publication of Supplementary Guidance in June 2006 that primarily provided clarification on issues in the guidance and consolidating advice.

The consultation under consideration by the Committee was the second stage of the review that addressed two areas: substantive policy issues and the format and style of the Guidance (including the removal of matters that dealt with the transitional period).
The consultation document included 31 questions covering 13 issues. The Committee focussed its consideration on the following matters, which it asked the Head of Environmental Health Services to take into account when submitting the Council's response.

Conditions

Option 2 presented in the consultation paper, to retain Annexes D-H in the Guidance, updating/expanding as necessary with regular supplements to the Guidance was supported.

Role of Councillors in the Licensing process

Concern that the role of Councillors in either making representations or speaking on behalf of their constituents varied under the Licensing Act guidance, the Gambling Act and that proposed under the Local Government and Public Involvement in Health Bill. Members considered that there was an element of inconsistency being applied in respect of their roles and that it could lead to confusion.

Nature of evidence required to support representations

The Committee considered that the guidance on evidence to support representations should remain unchanged.
23The Committee noted that the Licensing Act 2003 required the licensing policy to be reviewed every 3 years. The Policy had been in place for almost three years and a timetable for its review was presented.

The Committee were reminded of some of the issues that Members identified for clarification, addition or deletion following their experience of operating the existing policy.

The Committee identified the following issues that they thought should be considered in preparation for the formal consultation process:

· possible clarification between the roles of the planning and the licensing services in relation to their respective responsibilities;
· whether there was a need to hold an open meeting to allow the community to express views on how the licensing objectives were being met;
· whether the Committee needed to receive a monitoring report on the impact of the policy on race equalities;
· whether the protocols with Surrey Police and Surrey Fire and Rescue Service regarding the enforcement of licensing law had been established; and
· whether the brewers could be encouraged to be more explicit in some of the detail on their proposed operation of premises e.g. CCTV.