Agenda and minutes

To identify items which have been admitted to the agenda by the Chair for consideration

(The special circumstances shall be specified in the minutes)

No formal late items of business were added to the agenda however Members had received the following supplementary documents prior to the meeting:

• Agenda item 7 – An up to date version of Appendix 3 detailing the Terms of Reference of the Licensing Sub Committees
• Agenda Item 7 – An up to date version of Appendix 5 detailing the Officer Delegation Scheme (Council (non executive) functions) in relation to Director of Environment and Neighbourhoods

To declare any personal/prejudicial interests for the purpose of Section 81(3) of the Local Government Act 2000 and paragraphs 8 to 12 of the Members Code of Conduct

There were no declarations of interest.

Apologies for absence were received from Councillors Mrs Feldman and Grayshon

To approve the minutes of the last meeting held on 13^th April 2010 as a correct record

(copy attached)

RESOLVED – That the minutes of the previous meeting held 13^th April 2010 be approved as a correct record

To consider the report of the Assistant Chief Executive (Corporate Governance) seeking to establish the governance arrangements for the Licensing Committee during the 2010/2011 Municipal Year. The report includes the Terms of Reference for the full Committee and Members are asked to consider:

• The appointment of the Sub Committees
• The Terms of Reference of the Sub Committees
• The officer delegation scheme

(Report attached)

The Assistant Chief Executive (Corporate Governance) submitted a report on the governance arrangements for the Licensing Committee during the 2010/2011 Municipal Year. It was noted the Terms of Reference for the Committee had been agreed by Annual Council on 27 May 2010 The report set out the following matters for the Committee to consider:

• Appointments to the Licensing Sub Committees
• Approval of the Terms of Reference for the Sub Committees
• The Officer Delegation Schemes appropriate to the work of the Committee

Members were in receipt of additional documents which provided the most up to date versions of Appendices 3 and 5 of the report.

Officers highlighted the amendments made to the powers of the Committee and the documents for this Municipal Year which included:

• The power for Committee to designate Alcohol Disorder Zones. This function to be delegated to the Director of Environment and Neighbourhoods as appropriate to the community safety work of the department
• and an additional clause within the Sub Committee Terms of Reference to allow them to address any new legislation/guidance which may be published during the course of the year

Members discussed the following:

Officer Delegations

A comment was made that the power to determine whether objections were “irrelevant” under the Act 2003 should rest with Committee and not be delegated to officers.

In response, officers outlined the strict criteria set out in the Act which was adhered to and assured Members that whenever there was doubt over the validity of a representation the application was listed for a hearing before a Sub Committee. It was reported that the number of hearings would significantly increase if the power to determine relevancy was not delegated to officers.

Officers proposed to bring a report back on the number and type of objections received and subsequent officer determinations

Responsible Authorities

The Committee noted a comment welcoming the recent improvement in liaison between Planning Services and the Licensing Committee.

Members were reminded that Planning Services were regarded as a Responsible Authority (RA). All RA’s were served with notice of all applications received however no RA had the right to speak at a hearing to determine an application they had not submitted a representation on

RESOLVED –

a)  That the Terms of Reference for the Licensing Committee (as contained in Appendix 1) be noted

b)  That five Sub Committees of three Members each be established, and the membership of each Sub Committee as proposed within Appendix 2 and detailed below be agreed:

Sub Committee A  Councillors Armitage, Dobson & Downes

Sub Committee B  Councillors Dunn, R D Feldman & Hyde

Sub Committee C  Councillors Grayshon, Hussain & Morgan

Sub Committee D  Councillors Mrs Feldman, Hanley & Selby

Sub Committee E  Councillors Townsley, Wilkinson and Wilson

c)  That the Terms of Reference for the Licensing Sub Committees as contained within Appendix 3 of the report be approved

d)  That the delegation of licensing functions to the Assistant Chief Executive (Corporate Governance) as detailed in Appendix 4 of the report be approved

e)  That the approval be  ...  view the full minutes text for item 5.

To consider the report of the Assistant Chief Executive (Corporate Governance) setting out the proposed Rules of Procedure and the Code of Practice for Determining Licensing Matters to be followed by the Licensing Committee and its Sub-Committees during the 2010/2011 Municipal Year

(Report attached)

The Assistant Chief Executive (Corporate Governance) submitted a report setting out the Rules of Procedure and Code of Practice for Determining Licensing Matters relevant to the work of the Licensing Committee and the Licensing Sub Committees during the 2010/11 Municipal Year

RESOLVED –

a)  That the Licensing Procedure Rules as set out in Appendix 1 of the report; and the contents of the associated information sheets (as contained within Appendix 2); be noted

b)  To note the contents of the Code of Practice for Determining Licensing Matters as set out in Appendix 3

To note the proposed Licensing Work Programme associated with both the Licensing Committee and the Licensing and Regulatory Panel 2010/2011

(Schedule attached)

The Committee received a schedule setting out the proposed Licensing Work Programme during the 2010/11 Municipal Year.

Officers reported that work had commenced on a review of the Authority’s Statement of Licensing Policy, as required by the Licensing Act 2003. Part of that process included a thorough review of the Cumulative Impact Policy and copies of the CIP Review document were presented to Members to consider and comment on prior to the end of the consultation period on 30 June 2010

RESOLVED –

a)  To note the contents of the Work Programme

b)  To note receipt of the CIP Review document and to note that Members are requested to pass any comments they may have on the Policy to Entertainment Licensing by 30 June 2010

To note the date and time of the next meeting as Tuesday 20^th July 2010 at 10.00 am. This meeting will be followed immediately by a meeting of the Licensing and Regulatory Panel.

The following is the list for the remainder of the Municipal Year: Licensing Committee and Licensing & Regulatory Panel - one meeting to commence at the former's conclusion. The meeting beginning at 10.00 am will alternate on a monthly basis

20^th July 2010; 17^th August 2010; 14^th September 2010: 19^th October 2010; 16^th November 2010; 21^st December 2010; 18^th January 2011; 15^th February 2011: 15^th March 2011: 12^th April 2011 and 17^th May 2011

RESOLVED –

a)  To note the date and time of the next Licensing Committee as Tuesday 20^th July 2010 at 10:00 am. This meeting will be followed immediately by a Licensing and Regulatory Panel.

b)  To note the dates for the remainder of the Municipal Year as: 20^th July 2010 ; 17^th August 2010; 14^th September 2010; 19^th October 2010; 16^th November 2010; 21^st December 2010; 18^th January 2011; 15^th February 2011; 15^th March 2011; 12^th April 2011 and 17^th May 2011.

The Panel and the Licensing Committee will meet on the same day, alternating the 10.00 am start time