Agenda item

To receive the report of the Assistant Chief Executive (Corporate Governance) setting out the Terms of Reference and Officer Delegation Scheme for the Licensing Committee as approved by Annual Council on 21 May 2009. The report also includes the Code of Practice for Determining Licensing Matters which incorporates the site visit protocol.

(Report attached)

The Assistant Chief Executive (Corporate Governance) submitted a report setting out the Terms of Reference and Officer Delegation Scheme for the Licensing Committee previously approved at Annual Council on 21^st May 2009. The report also included a copy of the Code of Practice for Determining Licensing Matters, incorporating the site visit protocol.

Members discussed the following matters:

Officer decisions – noted that officers had previously undertaken to notify ward Councillors of applications from within their wards and the outcome of applications. Members commented that outcomes had not been routinely reported as expected. Officers clarified that unless an application received representations from the public or responsible authorities, an application would be granted under the Licensing Act 2003, but that this could not be regarded as an officer decision

LCC Responsible Authorities – Members discussed attendance at hearings and some commented upon the non-attendance of representatives of LCC Environmental Health Services at hearings where a representation had been submitted. The Committee sought to ensure that any written representation was supported by attendance at a hearing to fully understand the reasoning behind proposed conditions

Planning and Licensing – Members revisited the perceived problem of lack of information on a premises permitted hours in planning terms when dealing with applications for Premises Licences under the 2003 Act. Officers explained that applicants served copies of their applications on LCC Planning Services as part of the application process, and Entertainment Licensing followed this up providing planning officers with the deadline for receipt of representations. However the onus was on Planning Services and the other responsible authorities to ensure their representations were made. Furthermore, under the 2003 Act, there was no mechanism for planning matters to be taken into account and the reasons that conditions/restrictions were placed on permissions granted by the planning authority may not be relevant to the licensing objectives.

The Committee was keen to ensure that, particularly in the case of hot food take-aways, information on the permitted planning use hours was included either within the licensing officers’ report or provided in the form of a written representation from Planning Services to be attached to the report. Members considered whether a revision to the Terms of Reference would ensure this but were advised the document had already received approval from full Council and was presented for information only. Members expressed concern that hours granted under the 2003 Act could conflict with the permitted planning hours which could in turn impact on the efficiency of any enforcement action.

In response the Chair agreed to meet with the Chief Planning Officer to express the Committees’ concerns and to request that greater importance be placed on the licensing applications submitted to Planning Services as part of the licensing application process.

RESOLVED –

a)  To note the Terms of Reference for the Licensing Committee

b)  To note the contents of the current Officer Delegation Scheme

c)  To note the Code of Practice for the Determination of Licensing Matters (including the site visits protocol)

d)  To note the Chair’s intention to meet with the Chief Planning Officer to express the Committees wish to encourage closer liaison between Planning Services and Entertainment Licensing in order to ensure that relevant planning information on each application before a Sub Committee for determination is forthcoming

e)  To note the comments regarding the supply of information to Councillors on the outcome of applications within their ward