Meeting documents

Licensing Committee (2005-2015)
Thursday, 16th September, 2010 7.30 pm

Date:
Thursday, 16th September, 2010
Time:
7.30 pm
Place:
New Council Chamber, Town Hall, Reigate
 

Attendance Details

Present:
Councillor A.M. Lynch (Chairman), B.C. Cowle, A.J. De Save, S.N. Farrer, Dr. L.R. Hack, R. Harper, R.C. Newstead, Mrs. C.E. Poulter and R.F.C. Wagner.
Min NoDescriptionResolution
Part I
11. MINUTES
 RESOLVED that the minutes of the meeting held on 25th May 2010 be approved as a correct record and signed
12 APOLOGIES FOR ABSENCE
 Apologies for absence were received from Councillors N.D. Harrison, Mrs. S.F. King, R.S. Mantle, Mrs. R. Mill and R. Rampertab
13 DECLARATIONS OF INTEREST
 None.
14 LICENSING ACT 2003: REVIEW OF LICENSING POLICY
Minute for Minute Number 14
RESOLVED that the review of the Licensing Policy be deferred for consideration at a special meeting of the Committee on a date to be determined (in consultation with the Chairman).
15 LICENSING ACT 2003: FILM CLASSIFICATION
Minute for Minute Number 15
RESOLVED that:

(i) the consideration of film classification requests be determined by the Licensing Committee and that the option of delegating this to a Sub Committee be rejected; and
(ii) the procedure as set out in Annex 2, for dealing with film classification matters, which are the responsibility of the Council as licensing authority, be approved subject to removing references to the consideration of such applications by a Sub Committee being replaced with the Licensing Committee.
16 ANY OTHER URGENT BUSINESS
 None.
8.13 pm

Minute

Min NoMinute
14The Committee were advised by the Monitoring Officer and Head of Legal and Property Services that the responsibility for determining the review of the Licensing Policy was a matter excluded from Executive responsibilities under the Local Authorities (Functions and Responsibilities) (England) Regulations 2000.

The Committee were further advised that the approach adopted in the report, to request that the Executive consider the responses to the consultation and recommend the Policy to Council, was therefore contrary to the above Regulations. The correct route for determining the Policy was for the Committee to receive a report on the outcome of the consultation exercise and for it to take account of the comments received and recommend the revised Policy to Council.

In the circumstances the Committee was advised to defer the report to a special meeting which would consider the outcome of the consultation working to the timetable documented in the report.
15The Committee received a report setting out its responsibilities for dealing with requests for film classifications under the Licensing Act 2003. The Committee, as the licensing authority, may be requested to classify previously unclassified films, consider appeals by distributors against the British Board of Film Classification's (BBFC) decisions or determine requests to reclassify films.

Annex 1 to the report was a copy of the British Board of Film Classification Guidelines, and Annex 2 set out a draft procedure for dealing with classification requests for the Committee's consideration.

The number of occasions upon which the Committee would be asked to make a film classification was likely to be small, as it was anticipated that the BBFC would continue to deal with the majority of classifications. However, the Council had the overriding right to classify films shown in licensed premises such as cinemas, pubs and clubs, and it was important to have procedures in place to deal with any such eventuality.

The Committee considered the advantages and disadvantages of operating this responsibility at the Committee or Sub Committee level. They also considered the options of establishing a Sub Committee consisting of 5 Members to provide more input to the consideration of requests.

The Committee sought assurances about the implications of legal challenges being mounted against film classification determinations made on such requests. The Head of Legal and Property Services indicated that provided that full consideration was given to the British Board of Film Classification guidance, the authority's licensing objectives and that good common sense and a consistent approach was adopted then the likelihood of a legal challenge was limited, but not impossible.

Concern was expressed about the skills/training required by both Members and Officers to support the determination of film classification requests received and Officers were asked to investigate the options available.