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BABERGH DISTRICT COUNCIL LICENSING AND APPEALS COMMITTEE
MINUTES OF A MEETING OF THE LICENSING AND APPEALS COMMITTEE HELD IN THE COUNCIL CHAMBER, COUNCIL OFFICES, CORKS LANE, HADLEIGH ON FRIDAY 27 JANUARY 2006
PRESENT: Mr B L Lazenby - Chairman
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Mrs E F Bates
Mr P J Holbrook
Mr P Jones
Mr J M Owen |
Mr J J Quinlan
Mr J R A Sayers
Mr G S White
Mr L H Young |
Mr D G Grutchfield, Mr C J Hunt and Mr C D Kerr were unable to be present.
19 DECLARATION OF INTERESTS
None declared.
20 MINUTES
RESOLVED
That the minutes of the meetings held on 1 September 2005, 24 October 2005 (at 11 a.m. and 2 p.m.) and 2 November 2005 be confirmed and signed as correct records.
21 PETITIONS
None received.
22 QUESTIONS FROM MEMBERS
None received.
23 LICENSING ACT 2003 – REVIEW OF STATEMENT OF LICENSING POLICY
The Acting Head of Legal and Administrative Services submitted a report (Paper E247) advising that at its meeting on 19 October 2004, the Council adopted a Statement of Licensing Policy in accordance with the provisions of the Licensing Act 2003.
The Policy is effective for a period of three years from 7 January 2005, after which time the Policy must have been reviewed and consulted upon. The Council had however resolved that the Policy should be reviewed by the Licensing and Appeals Committee after one year, in addition to the statutory three year review.
The Committee was requested to consider revising the timing of the review in the light of the anticipated review of statutory guidance by the Government.
RECOMMENDED TO COUNCIL
That the first formal review of the Statement of Licensing Policy be deferred until after the publication of initially reviewed statutory Government guidance under Section 182 of the Licensing Act 2003.
24 HACKNEY CARRIAGE AND PRIVATE HIRE LICENCE FEES – LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 (AS AMENDED)
The Acting Head of Legal and Administrative Services submitted a report (Paper E248) advising that at its meeting in August 2004 the Committee resolved to review the current licence fees and carry out informal consultation on the proposed introduction of gradual licence fee increases over a three year period with the aim of achieving a self financing Hackney Carriage and Private Hire licensing service by the end of the financial year 2007/08.
RESOLVED
(1)That the Acting Head of Legal and Administrative Services undertake a formal public consultation on the proposed fees for 2006/07 as shown in Appendix 1 to Paper E248.
(2)That the Acting Head of Legal and Administrative Services report any consultee responses to the Licensing and Appeals Committee for consideration before it makes final recommendations to the Strategy Committee.
(3)That the Acting Head of Legal and Administrative Services arrange for the Licensing Section to closely monitor the costs, income and activity of the Hackney Carriage and Private Hire licensing service with a view to reporting back to the Committee in late 2006 on progress made in reducing the deficit during the 2006/07 year and proposals for any fee increase and/or fee structuring for 2007/08.
25 GAMING ACT 1968 (AS AMENDED) – AMUSEMENTS WITH PRIZES GAMING MACHINES
The Acting Head of Legal and Administrative Services submitted a report (Paper E249) requesting the Committee to consider a procedure in respect of amusements with prizes (AWP) gaming machines on non-alcohol licensed premises and also for premises holding a premises licence under the Licensing Act 2003 authorising the sale of alcohol on the premises.
The administration and determination of AWP gaming machine permit applications in respect of premises holding a premises licence under the Licensing Act 2003 is a new responsibility passed to licensing authorities from the Licensing Justices with effect from 24 November 2005.
RESOLVED
(1)That the new responsibility for amusement with prizes (AWP) gaming machines on alcohol on-licensed premises be noted.
(2)That AWP gaming machine permit applications ordinarily be determined by a Licensing Sub-Committee of three Members in the following circumstances:-
(a)Applications for two or more machines in respect of a licence permit on alcohol on-licensed premises.
(b)Applications where the Acting Head of Legal and Administrative Services is minded to refuse or restructure the number of machines.
(3)That the Scheme of Delegation – Responsibility for Functions – E) Licensing and Appeals Committee – be amended as required to include the arrangements set out in (2) above.
The business of the meeting was concluded at 2.40 p.m.
Chairman
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