Meeting documents

1

DECLARATION OF INTEREST

There was no declaration by a Member or Officer.

2

MINUTES

Minutes of the meeting held on 5th May 2009 were confirmed and signed.

The Principal Trading Standards Officer Licensing) gave a presentation on  Licensing issues and the challenges facing local authorities. He provided the background and history of Licensing and outlined how the licensing system has developed over the years. The presentation was given mainly for the benefit of the new Members of the Licensing Committee so as to assist them in any future hearings/reviews they may need to participate in. He reported that Licensing now covers many issues which includes:-

Gaming and Gambling;

Licensing and the sale of Alcohol;

Taxi and Private Hire control;

Charities Act and Small Lotteries;

Hypnotism;

Sex Shops;

Street Trading;

Boarding Kennels;

Zoos;

Horse Riding Establishments;

Breeding Licence;

Petroleum Licence;

Fireworks Licence;

Pleasure Boats;

Dangerous Wild Animals;

House to House Collections;

Explosives;

Scrap Metal Dealers;

Regulated Entertainment’

Late Night Refreshments;

Motor Salvage Operators;

Ear Piercing;

He indicated that Gambling and Gaming is one of the three main areas of licensing, the other two being the control of alcohol and taxis/private hire.

The Officer reported on the Licensing Act 2003 and its implications for the Council and on Markets and Car Boot Sales.

His presentation included the Role of the Committee and its Panels. The Committee effectively takes a similar role to that of the licensing Magistrates Bench under the terms of the previous Licensing Act of 1964 and is considered a quasi judicial post. The Licensing Panel (consisting of 3 Members of the Licensing Committee at any given time) listens to evidence and passes a judgement enforcing a course of action including in extreme cases a temporary or even permanent closure of a premises.

The Appeal procedure was outlined including the role of the Chair and the Panel Members. It was explained that any appeal against a Panel’s decision would be heard in a Magistrates Court where costs could be awarded and it was important therefore to ensure the Panel reached its decision based on robust evidence.

Members were given the opportunity to question the Officers for clarification purposes. The Chair recognised the problems faced by Officers of the Authority in dealing with licensing issues and stressed the importance of partnership working between the responsible authorities and the Licensing Committee so as to ensure no unnecessary financial burden is placed on the Council in having to pay costs in an appeal situation.

In concluding, the Solicitor reassured Members that he would provide guidance and advice to Members at each Panel hearing and ensure that a decision is reached based on sound evidence and in accordance with the Hearing Procedure.

COUNCILLOR J.V.OWEN

CHAIR