Meeting documents

LICENSING COMMITTEE

Minutes of the meeting held on 13 January 2005 

Prior to commencing the Agenda for the meeting, the Head of Services (Environmental Services) introduced the Officers present at the meeting and invited the Principal Trading Standards Officer to address the Members.

The Officer provided Members with the background to the Licensing Act 2003 and its effect on the County Council and updated them as to the current position with regard to the Licensing Regulations and Guidelines. It is anticipated that the new Licensing Act will be in force as from 7th February 2005, however there may be a delay and Officers are monitoring the situation. For a six to nine month period from the date of implementation, two systems will operate under what is termed a Transition Licence. The new Act provides a licence for both the building and a personal licence for the person selling alcohol.

The Act provides licence holders the opportunity to apply for a variation in existing licences and from the approximate 450 licences issued, it is anticipated between 80 - 90% may well apply for a variation of condition on the licence. Each application must be determined within two months from the date a full application is submitted. The Officer emphasised the importance of the role of the Chairman and Vice-Chairman of the Licensing Committee and referred to an anticipated heavy workload for the Members determining appeals.

Members were shown a short DVD providing extracts from an example of the way in which an Appeal Panel could be conducted and following this were given the opportunity to question the Officer on a number of issues.

The Officer assured Members that adequate training will be provided as an on going process, commencing in early March. It will, in due course, be for the Committee to determine whether the full Licensing Committee will hear each appeal or whether the Committee wish to appoint a Panel of 3 Members  (Chair plus two members on a rotational basis) to consider the appeals.     The role of the Local Member and in particular the need to Declare an Interest was discussed.

In response to questions from Members, the Officer stated that further Guidance is awaited from the Government and that he would be advising Members regarding the following issues as and when the matters are clarified within the Guidance from Government:-

          *     The role of the Local Member at Appeal Hearings;

          *     The need to Declare an Interest;

          *     The need to clarify who pays the cost of an appeal to the Magistrate's

               Court and who would pay any compensation which may be awarded;

Councillor John Arthur Jones was elected as Chairperson for the Licensing Committee.In accepting the Chair, Councillor Jones thanked Members for their confidence in him and acknowledged and accepted the level of commitment required for the position.

Councillor David Lewis Roberts was elected Vice Chairman and thanked the Members for electing him to the position.

Members thanked the Officer for the presentation and welcomed assurances that training will commence in the near future. The Chair confirmed that the issues raised in the question and answer session will be addressed and that pressure should be brought on the Government to issue explicit guidelines for Members as a matter of urgency and prior to the implementation of the Act.

The date of the next meeting of the Licensing Committee was confirmed as Tuesday 15th February 2005 at 2.00p.m.

     COUNCILLOR JOHN ARTHUR JONES

     CHAIRPERSON