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 THURSDAY 4 MAY 2006

PRESENT: Mr B L Lazenby - Chairman

Mr D G Grutchfield and Mr C D Kerr were unable to be present.

4        ELECTION OF VICE-CHAIRMAN

RESOLVED

That Mr P J Holbrook be elected Vice-Chairman of the Committee for the ensuing year.

5        DECLARATION OF INTERESTS

None declared.

6        MINUTES

          RESOLVED

That the minutes of the meeting held on 27 January 2006 be confirmed and signed as a correct record.

7        PETITIONS

None received.

8       QUESTIONS FROM MEMBERS

None received.

9        LICENSING ACT 2003 – TEMPORARY EVENT NOTICES (TENS)

The Acting Head of Legal and Administrative Services reported on the situation regarding TENS, which are primarily for use where a premises does not have a premises licence, or has a licence which does not cover the licensable activity intended. In addition “ad hoc” or unpredicted events (such as charity fund raising evenings) can be covered. Members were aware of the criteria for the use of TENS and that a fee of £21 is payable for each one. At least 10 working days notice of the relevant event must be given and two copies of the TEN must be served on the Licensing Authority and one on the Police. Members were asked to consider making comments on any concerns about the operation of the new arrangements for passing on to the relevant Government Department.

The Committee noted that Management bodies of some village/community hall/centres are relying on TENS for events held on their premises, and individual Members quoted instances known to them where difficulties had been experienced. The Committee was advised that where such premises are rarely used for licensable activities then a TEN offers an opportunity to hold a different type of event, but if they are regularly used for licensable activities, including their hire for parties, performances and shows, it is most likely that a premises licence would be suitable. A premises licence will cover a year for all the licensable activities on the licence at a cost of £100 plus advertising, annual renewal £70 (cost may vary from this, depending on rateable value).

Members shared the Officer view that many village organisations have concerns about TENS, which do not appear to provide the flexibility they were expecting. The Committee asked for further feedback to be sought on which to base representations to the Department of Culture Media and Sport. Members also agreed that the Suffolk Advisory Group on the Licensing Bill (SAGLB) might be an appropriate channel through which to make representations.

RESOLVED

That feedback be obtained from relevant licensees on their use of TENS with a view to representations being made, through the appropriate channels, to the Department of Culture Media and Sport.

10     GAMBLING ACT 2005 – INFORMATION PAPER

The Acting Head of Legal and Administrative Services referred to the Information Paper circulated by the Licensing Section to all Members of the Committee and relevant officers on 4 April 2006 (attached to the agenda as Paper F17).

The gambling reforms will introduce new functions and responsibilities for the Licensing and Appeals Committee which will impact in varying degrees on various departments of the Council in terms of associated administration, consultation and enforcement duties.

Members noted the division of responsibilities between Licensing Authorities and the newly formed Gambling Commission, and supported officer concerns about the lack of ring fencing of Government monies for start up costs. They recognised the volume of preparatory work to be undertaken prior to the operation of the new system and the tight timescale involved. They were aware that a three year licensing policy must be in place before 3 January 2007 and that the numbers of applications for the various types of licence might be expected to increase from an initially low base. Joint working across Suffolk is being carried out through small officer groups of SAGLB which are looking at different aspects of the legislation, and training for relevant Members will be programmed for the period leading up to full implementation of the Gambling Act, target date September 2007. The Council’s existing licensing software package was acquired on the basis that it would accommodate the requirements of the Act.

RESOLVED

That the information contained in Paper F17 be noted, together with the progress to date on the preparatory work being undertaken by the Licensing Section in conjunction with SAGLB.

11     GAMBLING ACT 2005 CONSULTATIONS

The Acting Head of Legal and Administrative Services submitted a report (Paper F16) asking the Committee to authorise a consultation response. In formulating its response, the Committee took into account its discussions on the Information Paper (Minute No 10 above), together with concerns about the piecemeal approach to the consultation process and the large number of areas in which detailed consultation has yet to be undertaken.

RESOLVED

That the Department of Culture, Media and Sport be informed of Babergh District Council’s concerns about the fragmented nature of the consultation process for the Gambling Act 2005. Further that the Department be urged to issue a firm timetable for its outstanding consultations and those of the Gambling Commission, and for the publication of other documentation including Guidance and Regulations under the Act.

The business of the meeting was concluded at 10.45 a.m.

Chairman