Meeting documents

Licensing Committee
Thursday, 8th March, 2007

LICENSING COMMITTEE

 

Minutes of the meeting held on 8 March, 2007

 

PRESENT:

 

Councillor John Arthur Jones (Chairman)

 

Councillors  John Chorlton; Peter Dunning; J. Arwel Edwards;

Bryan Owen; R. L. Owen; G. O. Parry MBE; J. Arwel Roberts;  

W. T. Roberts;  John Williams;

 

 

 

IN ATTENDANCE:

 

Principal Trading Standards Officer (DO)

Committee Officer (JMA);

 

 

 

APOLOGIES:

 

J.Byast; C.L.Everett; Dennis Hadley; O.Glyn Jones;

 

 

 

 

The Chairman opened the meeting by welcoming those present and accepting apologies for absence as noted above. He informed the Committee that Councillor Keith Thomas has been nominated to fill the vacant Plaid Cymru Seat on the Committee.

 

1

DECLARATION OF  INTEREST

 

No declaration of interest made by any Member or Officer.

 

2

MINUTES

 

The minutes of the meeting of the Licensing Committee held on 10 October 2006 were confirmed as a true record. (Council Minutes 14.12.2006, pages 78 - 80)

 

3

THE LICENSING ACT 2003

 

Submitted for consideration - a report by the Principal Trading Standards Officer advising the  Committee on developments relating to the Licensing Act 2003, including independent reviews of nationally set fee levels and changes to the National Guidance which accompanies the Act.

 

     Following the full implementation of the Licensing Act 2003, the Department for Culture, Media and

     Sports began a two stage review of the Guidance issued under Section 182 of the Act.

 

     The first stage of the review focused on providing clarification or additions to the Guidance and

     included many minor amendments as well as clarification on issues such as the role of Designated

     Premises Supervisors, Plans, Temporary Event Notices and the need for hearings following

     mediation. This revised Guidance came into force in June 2006.

 

     The second stage of the review is currently undergoing full public consultation and considers major

     issues such as the clarification of the role of Councillors in the licensing process.  A full copy of

     the revised guidance can be found at http://www.culture.gov.uk/Reference_library/Publications/

     archive_2006/revisedguide_section182.htm.

 

An Independent Review Panel appointed by the Government to review Licensing Fees published its final report in January 2007 and in essence found that Local Authorities will have spent more than they received in licensing fees during the first 3 years. It also found that fee payers incurred higher costs than anticipated. The fees panel recommended that fees should increase by 7% for the three year period from 07/08 and that the whole licensing process be streamlined. In addition, of the national budget shortfall to local authorities, 20% or £43 million should be borne by Government and the remainder (£54 million), be met by local authorities. The Government state they welcome the report and will consider their response.  Members expressed concern at the increasing demand by Government for the Council to provide services without the necessary finance being made available to them. A disparity between the Licensing Act and the Planning Regulations was referred to and the Officer clarified the position in response to a question raised by a Member of the Committee regarding retrospective change of use.
 

      
 

     RESOLVED to thank the Officer for his report and to note the contents.
 

      
 

4.  THE GAMBLING ACT 2005
 

 
 

The Principal Trading Standards Officer reported that the Gambling Act 2005 will come into force on 1st September 2007. A draft statement has been prepared on Ynys Mon and consulted on through the Autumn of 2006. Following the consultation period, a report was presented to the Executive on 20th November and the final draft approved by the County Council on 14 December 2006 and published the week after. The latest date for the commencement of the transition period is 21st May 2007 thus providing 3 month notice period from the laying of the Regulation so as to allow advice and education to be given to applicants.  Copies of the final draft are available from the Principal Trading Standards Officer on request.
 

 
 

Whilst there appeared to be some duplication of hearings procedures between the Licensing Act 2003 and the Gambling Act 2005, it is intended that separate procedures be prepared under the Gambling Act 2005. The procedure will be submitted to this Committee in due course once the guidance has been received from LACORS.
 

 
 

With regard to the setting of fees, it was noted that the final decision would be taken by the County Council bearing in mind the true cost of processing and dealing with applications. Some Councils have set the maximum fee, however, it would be necessary to provide evidence to justify doing so.
 

Members felt that in issuing a licence, in certain cases, companies would stand to make huge financial gain and that this should be taken into account when setting the fees so as to ensure the Council obtain adequate recompense for its costs.
 

 
 

Members expressed concern that the fees currently charged under the Small Lotteries Licence may be increased and drew attention to the fact that small lotteries are usually arranged by volunteers seeking to raise money locally for good causes.
 

 
 

RESOLVED to accept the report and to note the comments made by Members as above.
 

 
 

5.  PRESENTATION
 

 
 

The Principal Trading Standards Officer gave a brief presentation on the Gambling Act including
 

information regarding the Licensing Objectives, the New Licensing Regime, the Role of the Gambling Commission and the Licensing Authority together with details regarding Premises Licences, Principles, Applications, Representations, Decisions and Licensing Conditions. There followed a “role play” scenario into a “mock” application for an Adult Gaming Centre Hearing so to allow Members the opportunity  to consider and decide upon various aspects of an application.
 

 
 

   
 

     The Chairman thanked the Members and Officers for their attendance and declared the meeting                     closed at 3.35p.m.
 

 
 

 
 

COUNCILLOR JOHN ARTHUR JONES
 

CHAIRMAN