Meeting documents

1

DECLARATION OF  INTEREST

No declaration of interest made by any Member or Officer.

2

MINUTES

The minutes of the following meetings were confirmed and signed as correct:-

2.1

Licensing Committee meeting held on 16 January 2006 

(Council Volume 02.03.2006, pages 63 - 65)

2.2

Licensing Committee held on 2 May 2006 (page 53 of this Volume) - subject to an amendment that there was no casting vote by the Chairman and that Councillor John Arthur Jones was elected Chairman by 8 votes to 7.

3

LICENSING ACTIVITIES

A report by the Principal Trading Standards Officer reporting on the workload and performance of the Licensing Section was submitted to Members. The report drew attention to the fact that Authority has been actively involved in administering the requirements of the Licensing act 2003 since mid 2004 when consultation work on the Authority's Statement of Licensing Policy had begun. This has continued through the first date for applications on 7th February 2005, to the formal date when licences became live on 24th November 2005 and continues to this day.

Figures appertaining to Ynys Môn for the period 7 February 2005 to 31 March 2006 showed a total of 396 applications having been made for various licences or variations to licences. In addition, 608 visits to premises had been carried out by staff. As a result of the appeal panel having dealt with appeals against Officers decisions, only one appeal against the Panel's decision had been submitted. That issue had been referred back to the appeal panel for further deliberation and the matter resolved amicably.

The Officer reported that approximately 50% of licensees had remained with the same trading hours as previously. Others had applied to extend their hours with regard to supply of alcohol, serving of food and/or public entertainment. Only three premises on the Island have been granted a 24 hour licence.  Issues regarding licensing of schools and public buildings have been dealt with via extensive consultation with the Education Department and steps taken to ensure the appropriate licence is in place.

In addition to the licences issues and visits made by officers, the department had also dealt with over 1,800 requests for information or assistance in completing applications.

To date, it is difficult to assess whether the new licensing hours have made a significant difference in respect of anti social behaviour, however, initial indications show a reduction in the number of public disorder incidents.

RESOLVED to accept the report and note the contents and to congratulate the department on the efficient manner in which the transition to the new licensing regulations has been carried out.

4

AMUSEMENT WITH PRIZES

Submitted for consideration - a report by the Principal Trading Standards Officer advising the Committee that the responsibility for issuing Amusement with Prizes (AWP) permits in licensed premises has transferred from the Magistrates Court to the Licensing Authority following the introduction of the Licensing Act 2003.  Previously, the Council had the power only to issue permits for lower value AWP machines in amusement arcades. Although the issue of permits remains a function under the Gaming Act 1968, the Licensing Committee established under Section 7 of the Licensing Act 2003 is authorised to deal with applications for the grant of Section 34 permits. However, the licensing objectives in the Licensing Act 2003 are not relevant to the grant of Section 34 permits.

The report drew attention to the number of types of AWP machines (more commonly known as fruit or slot machines) and emphasised that under the new changes, only those Premises Licence holders who have a bar for serving drinks to customers on the premises i.e. only a pub, hotel or restaurant with a bar will be able to apply for a permit.

The only conditions the licensing authority may attach to a permit is to limit the number of machines or to restrict the location of machines in premises with liquor licences on a case by case basis. There is no power to ban AWP machines in alcohol licensed premises.

Prior to the changes, the Magistrates chose to limit licensed premises to two machines and the Department for Culture, Media and Sport has suggested that where a new or renewal application is for nor more than two machines, that the licensing authority should dispense with a hearing.

Where an application for more than 2 machines is received, the report suggested that the application be referred to a Licensing Panel of three members, in line with current procedures under the Licensing Act 2003.

The Officer drew attention to the fact that a new Gambling Act was passed in April 2005 which will be implemented in 2007. It is likely that this Act will effect these provisions and further reports will be submitted to Members as and when appropriate.

RESOLVED  :

4.1

to note that the issuing of AWP Permits to licensed premises is the responsibility of the Licensing Authority;

4.2

that delegated authority be given to Officers to determine applications where the number of machines do not exceed two;

4.3

that authority be given for Licensing Hearing Panels to determine applications where the number of machines applied for exceed two.

COUNCILLOR JOHN ARTHUR JONES

CHAIRMAN