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Licensing Committee
Tuesday, 18th September, 2007 10.00 am

Present:

Councillor Initials only Mitchell (in the Chair)

Councillors

BlackburnHardyMineurMrs Taylor JP
BrownHaskettPrice
Mrs DelvesMrs HoltMrs Smith
Mrs GreenhalghHouldsworthStansfield

In Attendance:

Miss V Cartmell, Licensing Solicitor Mr L Beattie and Mrs P Higson, Democratic Services Mr M Marshall, Licensing Enforcement Officer

Apologies:

Apologies were received on behalf of Cllr Lee who was engaged on other Council business.

1. DECLARATIONS OF INTEREST

Cllr Brown declared a personal interest in the item related to Hackney Carriage and Private Hire Licensing Policy as his stepson is a licensed Hackney Carriage driver.

2. MINUTES, 30th May 2007

Resolved: That the minutes of the meeting held on 30th May 2007, be signed by the Chairman as a correct record.

3. HACKNEY CARRIAGE AND PRIVATE HIRE LICENSING POLICY

The Committee considered the recommendation of the Public Protection Sub-Committee from its meeting on the 30th August 2007, "That the Hackney Carriage and Private Hire Licensing Policy as presented be referred to the Council's Executive with the Sub-Committee's recommendation for approval".

The Committee considered carefully the policy as approved by the Public Protection Sub-Committee. Members asked a number of questions regarding the operation of the policy and the Licensing Solicitor responded explaining detail as necessary.

Resolved

That the Hackney Carriage and Private Hire Licensing policy document be noted and recommended to the Executive for approval.

4. REVIEW OF STATEMENT OF LICENSING POLICY

The Committee considered the revised statement of licensing policy. The Council as a Licensing Authority is obliged to review the policy every three years, it was proposed that the draft licensing statement be subject to a 12 week consultation period so that it could be revisited in December 2007 with any comments

A number of comments and suggestions were made including the possible inclusion of a standard condition requiring areas used for smoking by users of the premises, to be inspected and cleaned at regular intervals.

Resolved:

1. That the contents of the draft policy document be noted

2. To authorise a 12 week period of consultation to interested parties

 

5. GAMBLING ACT 2005- DELEGATION OF LICENSING AUTHORITY FUNCTIONS

The Committee considered the delegation of the Licensing Authority's functions under the Gambling Act 2005.

Resolved:

1. That the Licensing Panels comprising of 3 members, constituted under the Licensing Act 2003 be authorised to undertake hearings in accordance with Article 8.02 of the Council's Constitution, the Gambling Act 2005 and consequent regulations.

2. That the Head of Legal and Democratic Services determine the makeup of the Panels (not to be politically balanced) with Members as far as practically possible serving in rotation.

3. That each Panel select a Chairman at the beginning of each meeting.

4. That the Head of Legal and Democratic Services identify a standby Member for each Panel meeting to cover for illness, Members who have interests etc.

5. That in line with the operation of the Panels under the Licensing Act 2003, an equal amount maximum amount of time be set by each different hearing, for a party to address the Panel, give any information or call any witnesses for the hearing.

6. That the Head of Legal and Democratic Services be authorised to amend the Constitution as appropriate.

7. That the Gambling Act 2005 functions be delegated to Licensing Panels and the Head of Legal and Democratic Services as set out in Appendix 5a, to the Licensing Committee report.

6. GAMBLING ACT 2005 UPDATE

The Committee received an update on the implementation of the Gambling Act 2005. It was noted that the responsiblity for issuing licences for casinos, bingo halls and betting offices has now passed from the Magistrates Court to the Licensing Authority.

Resolved

That the update on licences considered, dealt with and appealed be noted.

7. LICENSING QUARTERLY UPDATE

The Committee considered the quarterly update on licences applied for, dealt with and appealed under the Licensing Act 2003.

It was noted by the Committee that in the period May to August 2007, the Licensing Section had dealt with a total of 43 applications for new premises licences, 31 variation applications, 90 transfers of premises licences, 134 variations of designated premises supervisors and 83 temporary event notices as well as 162 personal licence applications.

In the same period, the Council had scheduled a total of 34 hearings, of which 15 were cancelled due to mediation.

The Committee was updated by the Licensing Solicitor as to the details of reviews discharged and outstanding.

Resolved:

That the update be noted.

8. ENFORCEMENT UPDATE

The Committee received a presentation on the work of the Licensing Enforcement Team from Mr M Marshall. The presentation  outlining the levels of compliancy of premises within the borough and strategies that had been adopted for enforcement to lead to improvements in these levels

Resolved:

That the update be noted.

The meeting ended at 10.50 a.m.

Any queries regarding these Minutes, please contact:
Liz Wood, Democratic Services Assistant
Tel: (01253) 477141, or alternatively, E-mail: liz.wood@blackpool.gov.uk

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