Meeting documents

Licensing and Safety Committee
Tuesday, 13 October 2009

Licensing and Safety Committee
Tuesday, 13 October 2009
6:00 pm to 7:05 pm
Record of the meeting

This record is subject to approval at the next meeting

PRESENT: 
Committee members:Councillors Andrews, Kenneth Bamber, Burt, Mrs Diane Chambers (Chairman), Etheridge, Harriott, Haydock, Hicks and O'Brien
Substitute members:Councillor Smith (for Councillor Stephen Kearney)
In attendance:Angela Drum, Head of Legal, Alison Poulson, Business Development and Licensing Manager, Jonathan Male, Senior Lawyer, Mandy Francis, Senior Licensing and Enforcement Officer
317RECORD OF THE MEETINGS
 
The record of the meeting held on 3 March 2009 and the record of the Joint Meeting of all Committees held on 6 May 2009 was signed by the Chairman as correct.
318APOLOGIES FOR ABSENCE
 
Apologies for absence were received from Councillors Stephen Kearney and Mrs Shaw.
319APPLICATION TO CHANGE OPENING HOURS - PRIVATE SHOP, 14 HIGH STREET, CHATHAM
 Discussion:
 
The Business Development and Licensing Manager gave a brief outline of the formal request for permission for Sunday opening from 10.00am to 4.00am at the Private Shop, located at 18 High Street, Chatham.

The applicant informed the Committee of the reasons for requesting the change in opening hours. Specifically the applicant stated that due to the current economic climate they wished to maximise the opportunity of trying to make the shop viable and generate as much business as possible.
Members questioned the applicant on the reasons why he felt that the store should open on Sundays.
 > 18 High Street Chatham (pdf file 100.6kb)
 Decision:
 
Members considered the formal request and decided to grant the formal request for opening every Sunday from 10.00am to 4.00pm.
320ALLOCATION OF SEATS ON LICENSING SUB-COMMITTEE AND LICENSING HEARING PANELS, SUB-COMMITTEES OF THE LICENSING AND SAFETY COMMITTEE
 Discussion:
 
Members received a report that set out the position regarding the allocation of seats on the Licensing Sub-Committee and Licensing Hearing Panels following the creation of a new Independent Group comprising 3 members of the Council and a by-election in Luton and Wayfield ward on 3 September 2009.
 > Allocation of Seats on Licensing Sub-Committees (pdf file 120.1kb)
 Decision:
 
The Committee agreed the revised composition and memberships of the Licensing Sub-Committee and Licensing Hearing Panels as set out in paragraph 2 of the report.
321LICENSING UPDATE
 Discussion:
 
The Business Development and Licensing Manager presented a report that updated the Committee on the work currently being carried out and future proposals following the restructure of the Licensing Section in April 2009 and set out the changes to the service:
 •Structure - Since the last meeting when the Head of Public Protection and Regulation presented the revised structure for approval relevant posts have been advertised and filled. The service is currently reporting to the Head of Legal Services.
 •Quality Standards - The service was successful in its continued accreditation for ISO in August and is looking to apply for the Customer Service Excellence Accreditation next year.
 •Licensing Administration - The Senior Licensing Officer now heads this area. Besides all of the Licensing Administration duties the Senior Licensing Officer is also responsible for the garage contact management for taxis, the main liaison on the taxi steering group with the taxi trade and police
 •Licensing Enforcement - Are very proactive in multi agency work with the outside agencies such as the police, UK border agency, Gambling Commission and the Department for Work and Pensions.
 •Systems & Procedures - The Licensing Team are looking to replace out current system LicenceFLO with a system that will provide functionality for all licensable activities and reporting facilities.
 •Training - The Licensing Team are in the preparation stages of arranging member training on Licensing. This will be aimed to cover all types of applications, how representations and petitions should be made and the hearing process; we are also looking to include role-play of both a taxi and licensed premises hearing.
 > Licensing Update (pdf file 93.8kb)
 Decision:
 
The Committee noted the update and progress made by the Licensing Team and commended them for all their hard work.
322GAMBLING ACT 2005 - REVIEW OF COUNCIL STATEMENT OF GAMBLING POLICY
 Discussion:
 
Members received a report that asked the Committee to consider the minor amendments to the current Council Statement of Gambling Policy that came into effect on 31 January for a period of 3 years.
 > Appendix A (pdf file 446.7kb)
 > Appendix B (pdf file 458.7kb)
 > Gambling Act Review (pdf file 105.2kb)
 Decision:
 (a)
The committee agree, subject to there being no adverse comments arising from consultation the following minor amendment to the gambling policy as set out in Appendix B of the report as follows
The removal of reference to particular paragraphs of the guidance issued by the Gambling Commission - this is constantly being updated and affects the quality of the document.
7.2Amend/update of address for Children Services
Pg 8 - Paragraph referring to The Gambling Commission Guidance removal of example quoted in the last sentence
Pg 12 - Protecting children - amend first sentence to 'This licensing authority notes that the "The objective talks
Pg 16 - Bingo - removal of the 2nd bullet point and the following paragraph
Pg 18 - Amend/update of the addresses of the Responsible Authorities where required.
 (b)
That appropriate publicity be given to the decision of the committee; and
 (c)
That the matter be referred to Cabinet and Council for approval on 15 December 2009 and 14 January 2010 respectively.
323STATEMENT OF LICENSING POLICY - APPLICATIONS FOR MINOR VARIATIONS
 Discussion:
 
The Business and Development and Licensing Manager presented a report that asked Licensing and Safety Committee to approve the revision to the scheme of delegations at Appendix A of the Statement of Licensing Policy to include reference to applications for minor variations.
 > Appendix A (pdf file 529.4kb)
 > Appendix B (pdf file 505.3kb)
 > Statement of Licensing Policy - Applications for Minor Variations Committee Report (pdf file 105.0kb)
 Decision:
 
Members approved the amendment to the scheme of delegations as shown on the document at Appendix B to enable the Council to deal with applications for minor variations without reference to Committee in all cases and that appropriate publicity be given to the decision of the Committee.