Meeting documents

Licensing Committee
Tuesday, 17th June, 2008

LICENSING COMMITTEE

 

Minutes of the meeting held on  17 June, 2008

 

PRESENT:

 

Councillor K.Hughes (Chairman);

 

Councillors Lewis Davies; T.Ll.Hughes; W.I.Hughes; R. Dylan Jones; T.H.Jones; R.L.Owen; G.O.Parry MBE; Eric Roberts; E.Schofield;

 

 

 

IN ATTENDANCE:

 

Principal Trading Standards Officer (DO);

Committee Officer (JMA);

 

 

 

APOLOGIES:

 

Councillors H.Eifion Jones; John Williams;

 

 

 

 

 

 

1

DECLARATION OF INTEREST

 

There was no declaration by a Member or Officer.

 

2

MINUTES

 

Minutes of the following meetings were confirmed and signed:-

 

2.1      Meeting held on 9 October 2007.

(Quarterly Minutes Volume 13 December 2007 Pages 77/78)

 

2.2      Meeting held on 16 May 2008.

 

3      LICENSING ACT 2003

 

A report by the Principal Trading Standards Officer updating members on the current position regarding the Licensing Act 2003 was submitted for information together with a copy of the Council’s Licensing Policy and Licensing Committee Hearing Procedures.

 

The report outlined the background to the Act which came into force on the 24th November 2005 from which date the Council took on full administration of the licensing of the sale and supply of alcohol, regulated entertainment and the provision of late night refreshment including the issuing of premises licences, club premises certificates, personal licences and temporary event notices. This involved the issuing of premises licences (with and without alcohol), club premises certificates (again with or without alcohol), personal licences and temporary event notices. Premises and Club Licences now allow owners to choose activities and timings and in effect there are no longer the old distinctions between pubs, off licences or hotels although the terms continue to be used. Temporary Event Notices (TEN) have become popular to licence temporary to occasional events.

 

The report also drew attention to the four Licensing Principles i.e. Preventing Crime and Disorder, Public Safety, Preventing Nuisance and Protecting Children from Harm. Members noted also that the Act gives more recognition to certain agencies known as “responsible bodies” such as the Police, Fire Service and certain Council Departments as well as local persons in the vicinity of the premises.

 

 

 

Current Licensing Data shows the number of Licences as:-

 

 

 

 

 

Ÿ

Personal Licences    -   512;

 

Ÿ

Premises Licences:

 

Ÿ

With alcohol        -   308;

 

Ÿ

Without alcohol   -   112;

 

 

 

Ÿ

*Club Premises Certificates

 

Ÿ

With alcohol        -    19;

 

Ÿ

Without alcohol   -      0;

 

 

 

Ÿ

*Temporary Events Notices

 

Ÿ

2006              -     56;

 

Ÿ

2007               -     67

 

Ÿ

2008(to date)     -     21;

 

 

 

In accordance to requirements by law to consult on and prepare a Licensing Police outlining how the Council would administer the process in its area, the Council agreed its Licensing Policy in December 2004 and published it in January 2005. The law further required each Authority to review its Licensing Policy every three years therefore the Policy was reviewed last year and again consulted upon before being agreed again by the Council in December 2007 and published in January 2008.

 

 

 

Many of the administrative decisions regarding the licensing process are taken by Officers but where valid representations are received on any application, Members are asked to hear the case in a semi- judicial process The Hearing Panel consists of 3 members of the Licensing Committee who will hear both sides of the issue prior to reaching its decision. To date, 38 Hearings and 4 Reviews of Licences have been held.

 

 

 

The first review of the impact of the Licensing Act 2003 on the UK by the Government Department for culture, Media and Sport (DCMS) was completed in March 2008 and, in summary, found that:-

 

 

 

Ÿ

the overall volume of incidents of crime and disorder has remained stable and has not risen;

 

Ÿ

there is no evidence of increases in overall alcohol consumption;

 

Ÿ

the transfer of alcohol licensing to local authorities is viewed as a success;

 

Ÿ

the alcohol licensing system is more democratically accountable and residents are better able to influence licensing decisions;

 

Ÿ

there is much better partnership working between local authorities the Police and other responsible authorities and licence holders;

 

Ÿ

there is yet to be a discernible change in diversity of evening and late night venues.

 

 

 

The Officer concluded by reporting that the Police did not believe there has been a significant increase in the number of incidents but they drew attention to the fact that incidents occurred later in the day. In addition, the Police welcomed the process adopted y the County Council for reviewing and amending the Licences.  In response to a question by a Members, the Officer agreed that point 8.2 should be amended to read “ ....the stopped Unitary Development Plan.”

 

 

 

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

 

 

 

4      GAMBLING ACT 2005

 

 

 

The Principal Trading Standards Officer presented his report which provided Members with an update on the current position regarding the Gambling Act 2005 which came into force in September 2005 when the Council took responsibility for the administration of issuing Premises Licences under the Act. The process compliments the work of the newly established Gambling Commission who has the responsibility for issuing licences to Operators and Individuals.

 

 

 

He referred to the three licensing principles :-

 

 

 

Ÿ

preventing gambling from being a source of crime and disorder, being associated with crime or disorder or being used to support crime;

 

Ÿ

ensuring that gambling is conducted in a fair and open way;

 

Ÿ

protecting children and other vulnerable persons from being harmed or exploited by gambling;

 

 

 

Current Licensing data shows:-

 

 

 

Ÿ

Betting Premises (other than track)  -  6;

 

Ÿ

Adult Gaming Centres    - 1;

 

Ÿ

Unlicensed Family Entertainment Centres  -  1;

 

Ÿ

Bingo Premises Licence  -  0;

 

Ÿ

Gaming Machine Permits  -  33;

 

Ÿ

Small Lottery Licences  -  111;

 

 

 

As with the Licensing Act 2003, the Authority was required to prepare a Gambling Policy and this came into force in January 2007. To date, there have been no hearings on the Island under the Gambling Act 2005 but it is conceivable that a hearing or review may be required and again a process for such hearings/reviews has been agreed. Members were provided with a copy of the Gambling Policy together with a copy of the Hearing Procedure Review Policy.

 

 

 

Members thanked the Officer for his report and noted the contents.

 

 

 

5      TRAINING ISSUES

 

 

 

The Principal Trading Standards Officer said he was aware of the changes to the Membership of the Licensing Committee since the Local Elections which had been held in May and that 11 of the 15 Members were new Members and such would require to undergo training with regard to the Licensing Polices and Hearings Procedures. He reported that discussions are ongoing with Gwynedd County Council with the intention of holding a full day’s training on a joint basis with the newly appointed Members in Gwynedd County Council.  He confirmed he would inform Members of the date and details of the training as soon as the information was available.

 

 

 

 

 

COUNCILLOR KEN HUGHES

 

CHAIRMAN