Meeting documents

Licensing Committee
Tuesday, 9th October, 2007

LICENSING COMMITTEE

 

Minutes of the meeting held on 9 October, 2007 

 

PRESENT:

 

Councillor J.Arthur Jones (Chairman)

 

Councillors J.Byast; J.A.Edwards; R.Ll.Hughes;

R.Ll.Jones; John Williams

 

 

 

IN ATTENDANCE:

 

Chief Trading Standards Officer;

Principal Trading Standards Officer

Committee Services Officer (JMA)

 

 

 

APOLOGIES:

 

P.J.Dunning; O.Glyn Jones; G.O.Parry MBE;

J.Arwel Roberts; W.T.Roberts;

 

 

 

ALSO PRESENT:

 

 

 

 

 

1

DECLARATION OF INTEREST

 

There was no declaration by a Member or Officer in respect of any item on the Agenda.

 

2

MINUTES

 

2.1      Minutes of the meeting held on 8 March 2007 were confirmed and signed.

         (Council Minutes 01.05.2007, pages 59 - 60)

 

2.2      Minutes of the meeting held on 1 May 2007 were confirmed and signed.

         (Council Minutes 18.09.2007, page 35)

 

3

LICENSING ACT 2003

 

Submitted for consideration, a report advising the Committee of the current consultation on the statutory three year review of the Council’s Statement of Licensing Policy.

 

The Principal Trading Standards Officer reported that the Council is required to prepare and publish a statement of its licensing policy every three years. The current policy expires in January 2008 and therefore must be reviewed.

 

 

A number of minor amendments have been made to the existing policy in light of changes to legislation and statutory guidance and have been incorporated in a draft revised statement of licensing policy. The Authority is currently consulting with many parties based on the draft document with the closing date for receipt of observations being 29th October 2007. Following this, a report and the revised document will be submitted to the Council’s Executive followed by the County Council in December 2007.

 

 

 

Members were given the opportunity to question the Principal Trading Standards Officer for clarification purposes on the policy. The Portfolio Member thanked the Officer for the efficient and successful way he has dealt with all Licensing issues.

 

 

 

RESOLVED:

 

 

 

3.1

to note the consultation period is ongoing;

 

3.2

that the Committee accepted the revised Policy as part of the consultation process.

 

 

 

4

LICENSING ACT 2003 - REVISED GUIDANCE

 

 

 

The Principal Trading Standards Officer reported, for information purposes, on the revised guidance issued by the Secretary of state under S182 of the Licensing Act 2003 and highlighted the importance of Members having regard to this guidance when making Licensing Act 2003 decisions.

 

 

 

The original guidance was issued in July 2004 and along with the legislation formed the basis of action and advice under the Act. A number of criticisms arose, amongst them the inference that it over emphasised the importance of extending hours and failed to adequately take into account the views of the local communities in such cases. As a result, the Government committed itself to an early review of the guidance and published revised guidance in the summer of 2006 and June 2007. The Chairman stated the Licensing Panels had, in his view, considered all maters justly from both angles and in accordance with the four licensing objectives.

 

 

 

RESOLVED to accept the revised and updated guidance and to  note that where particular paragraphs of the guidance are relevant to individual applications being considered in Hearings by the Licensing Panel, details of the relevant  guidance will be sent out as part of the Report to the Panel.

 

 

 

5

GAMBLING ACT 2005

 

 

 

The Principal Trading Standards Officer introduced his report updating Members on the Authority’s progress with the transition and implementation of the Gambling Act 2005 which came fully into force in September 2007.

 

 

 

The report outlined the types of premises licences included under the Act together with the issue of permits and registrations. To date, the department has received transition applications for 6 betting shops and one bingo premises licence. The department is also receiving a number of applications for permits for gaming machines in pubs and new lottery registrations. Further work will be required on small lotteries in December as all lottery registrations will need to be converted.

 

 

 

RESOLVED to accept the report and note the contents.

 

 

 

6      GAMBLING ACT 2005 - HEARING PROCEDURES

 

 

 

Submitted for consideration, the proposed Hearing Procedures under the Gambling Act 2005.

 

 

 

The Principal Trading Standards Officer reported that although the Regulations are based on the same principles as those used for the Licensing Act 2003, there are some slight differences and therefore a new set of procedures have been developed. Whilst most of the changes are administrative the most specific change is the right of all parties to question, where reasonable, other parties at Hearings. It was acknowledged that this would require strict oversight of the proceedings by the Chair at any Hearing.

 

 

 

RESOLVED to  formally adopt the set of procedures for the Gambling Act 2005 Hearings.

 

 

 

 

 

 

 

COUNCILLOR JOHN ARTHUR JONES

 

CHAIRMAN