5 October 2006 - Minutes

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 5 OCTOBER 2006

PRESENT: Mr B L Lazenby - Chairman

The following Members were unable to be present:-

Mrs E F Bates, Mr D G Grutchfield, Mr P Jones, Mr C D Kerr and Mr G S White

25     DECLARATION OF INTERESTS

None declared.

26     MINUTES

RESOLVED

That the Minutes of the meetings held on 19 May, 26 June and 13 July 2006 be confirmed and signed as correct records.

27     PETITIONS

None received.

28     QUESTIONS FROM MEMBERS

None received.

29     GAMBLING ACT 2005: STATEMENT OF LICENSING PRINCIPLES DOCUMENT AND LICENSING AUTHORITY DELEGATIONS

The Head of Natural and Built Environment submitted a report (Paper F95) advising that the Gambling Act 2005 places new functions and responsibilities, for the issuing of licences and permits for gambling/gaming premises on local Licensing Authorities.

At the meeting of the Licensing and Appeals Committee held on 13 July 2006 the draft Gambling Act 2005 “Statement of Licensing Principles” attached as Appendix 1 to Paper F47 had been approved for a period of statutory consultation. A summary of the responses received during the consultation period, including suggested revisions to Version 4 of the Draft Policy was circulated prior to the meeting as Appendix 2 to Paper F95.

It was noted that the date from which Licensing Authorities will receive applications under the Gambling Act 2005 referred to in paragraph 1.1 of Paper F95 had been amended to 30 April 2007.

Members were also requested to consider a number of Licensing Authority Delegations permitted under the Gambling Act as referred to in Appendix 1 to Paper F95.

RECOMMENDED TO COUNCIL

(1) That the suggested revisions incorporated in Appendix 2 to Paper F95 be approved and incorporated in the Gambling Act 2005 “Statement of Principles” document for adoption and publication from 3 January 2007, to take effect for a three year period from 31 January 2007.

(2) That delegation be given in respect of Gambling Act 2005 functions in accordance with the table attached as Appendix 1 to Paper F95 subject to the following amendment:-

The inclusion of an additional column indicating “Full Licensing Committee” and that the matter to be dealt with “Fee setting (when appropriate)” be delegated to the Full Licensing Committee.

30     LICENSING ACT 2003: REVIEW OF STATEMENT OF LICENSING POLICY

The Head of Natural and Built Environment submitted a report (Paper F96) advising that the Council’s Statement of Licensing Policy is effective for a period of three years from January 2005 until January 2008, after which time the policy must have been reviewed and consulted upon. However, the Council had 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 review was subsequently postponed in anticipation of publication of an interim review of the statutory guidance, issued by the Government under Section 182 of the Licensing Act 2003. The interim review has now been published, a full review is ongoing and the further full review is now scheduled for publication at the end of 2006/early 2007. A summary of the interim revisions to the guidance as published in June 2006 was attached as Appendix 1 to Paper F96.

During the course of discussion, the Head of Natural and Built Environment undertook to provide an updated report on the implementation of the Act to a future meeting.

RECOMMENDED TO COUNCIL

(1) That the first formal Babergh review of the Statement of Licensing Policy now be conducted during 2007, in accordance with the statutory timescales involved with publication of a second local version Statement of Licensing Policy to be effective from 7 January 2008.

(2) That the annual policy review by the Licensing and Appeals Committee previously resolved by Council be revised to a three-yearly review in accordance with statutory requirements.

31     HACKNEY CARRIAGE LICENSING – TOWN POLICE CLAUSES ACT 1847 REVIEW OF HACKNEY CARRIAGE QUANTITY RESTRICTION POLICY (UPDATE)

The Head of Natural and Built Environment submitted a report (Paper F97) referring to a circular from the Department for Transport urging Local Authorities to remove hackney carriage quantity limits in their areas where retention of such a policy was not of any demonstrable “benefit to the consumer”. Legislation permits local authorities to limit numbers providing it is satisfied that there is no “unmet demand”.

A period of consultation with both the existing hackney carriage trade directly and also the public generally had been undertaken early in 2005.

RESOLVED

That further consideration of all the issues surrounding the review of hackney carriage quantity restriction policy be deferred until the regulatory reform order on amalgamation of hackney carriage zoning is passed by Central Government, rather than Babergh proceed to put the case to the Secretary of State seeking approval to remove zoning under existing arrangements.

The business of the meeting was concluded at 10.25 a.m.

Chairman