| 327 | RECORD OF THE MEETING |
| | | The record of the joint meeting of committees held on 12 May 2004 was agreed and signed by the Chairman as correct. |
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| 328 | APOLOGIES FOR ABSENCE |
| | | Apologies for absence were received from Councillors Brice, Buckwell, Mrs Etheridge, Hicks and Kieran Magee. |
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| 329 | LICENSING ACT 2004 - STATEMENT OF COUNCIL POLICY, DELEGATIONS AND DRAFT REGULATIONS |
| | Discussion: |
| | | The chairman informed the committee that a Licensing Policy Advisory Group had been set up and members had met with officers on a regular basis to discuss the proposed policy. On 6 October 2004, the advisory group considered all the representations that had been received following an extensive public consultation process and made amendments to the proposed policy, details of which were set out at Appendix A of the report.
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| The committee was advised to consider the proposed policy and officer delegations and forward any comments to the Cabinet which is meeting on 9 November 2004 and then to council on 9 December 2004 for approval. This deadline is required by the Licensing Act which states that the policy should be in place at least one month before the first appointed day which is 7 February 2005.
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| Members discussed an amendment to the adopted policies of the former Rochester Upon Medway and Gillingham Councils with regard to Amusement with prize (AWP) machines.
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| The committee also discussed whether premises inspections would be required for new applications and were advised that there was no statutory obligation to hold an inspection and that it was at member's discretion how the council would operate the licensing procedures.
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| | > Policy, delegations and draft regulations report (pdf file 16.5kb) |
| | > Appendix A - Licensing policy version 3 (pdf file 58.7kb) |
| | > Appendix B - Recommended delegation of functions (pdf file 12.5kb) |
| | Decision: |
| | | The committee agreed to forward the following comments to the Cabinet and council:
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| | (a) | Paragraph 1.30 of the proposed Licensing Policy to read:
"Subject to any statutory amendment made pursuant to the Gambling Bill (when in force):-
The council will normally grant permits authorising up to two machines in premises, which have the benefit of a licence authorising the sale/supply of alcohol for consumption on the premises without a Licensing Committee hearing. Premises which currently have the benefit of permits for greater numbers will be renewed in similar terms without the need for a hearing.
The council will normally grant a permit for one machine in respect of Taxi Offices, Pool Halls, Restaurants, Cafes, Snack Bars, Fish and Chip shops, Hot Food Takeaways and other premises where prepared food and drink is sold for consumption on or off the premises without the need for a hearing.
Applications for permits in respect of Launderettes, Hairdressing Establishments and Retail Stores will not be granted (In accordance with the councils resolution under Section 34(6) and Schedule 9 Paragraph 3(d) of the Gaming Act 1968.)
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| The committee also requested officers to have regard to the following:
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| | (a) | that licensing application packs should contain details informing the applicant that an inspection of the premises may be carried out by officers and/or the Licensing Committee, if appropriate, before an application is heard;
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| | (b) | that officers work with the Licensing Policy Advisory Group to ensure that the proposed licensing weekly list contains all the relevant information required by members;
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| | (c) | that applicants are informed that the council expects them to display a copy of their licence on the premises.
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