Agenda item

This report seeks agreement to the arrangements for consideration and determination of applications under Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982. 

Discussion:

The Head of Legal Services introduced a report addressing the need to consider arrangements for the consideration and determination of applications for sex establishments and sexual entertainment venues, where relevant representations have been received or where conditions have been proposed by officers but not accepted by the applicant.

Members were advised that the power to regulate these applications was contained within Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 and details were given as to the venues and type of entertainment this related to. It was reported that the Council had adopted these provisions on 13 January 2011, which gave greater control over venues currently licensed under the Licensing Act 2003. Members were informed of the transition and implementation arrangements and given details of the options, as set out in the report, for determining applications from 1 October 2011.

Members discussed the options, focusing specifically on the establishment of 1982 Act Hearing Panels and how these could be convened on the same basis as the existing Licensing Hearing Panels. The Committee considered a series of recommendations that would facilitate the establishment of the 1982 Act Hearing Panels, including provisions for substitute Members to be appointed to panels in the event of a Member not being available or otherwise unable to sit on a panel. The Head of Legal Services highlighted that if Members wished to establish panels on the same basis as Licensing Hearing Panels they would need to unanimously agree to waive the requirements of political balance.

Responding to questions, officers confirmed that Member training would be provided in advance of 1 October 2011 and that Members would be able to make representations to 1982 Act Hearing Panels if acting on behalf of constituents who had submitted a representation, with the substitution provisions enabling Ward Members to avoid any potential conflicts of interest. It was also noted that it was not expected that there would be many applications requiring consideration by Members, although any applications submitted before 1 October 2011 would need to be considered at the same time.

Members questioned how they would be notified of applications, prior to their determination under officer delegated authority. Officers referred to the Statement of Policy in respect of Sex Establishments and Sexual Entertainment Venues that had been agreed by Council and also gave assurances that Members would be notified of applications upon their submission so to enable them to discuss the matter within their ward. This would be achieved via the weekly licensing list currently circulated to Members.

Decision:

The Licensing and Safety Committee agreed to:

a)     note the options set out in paragraph 4.1 of the report.

b)     the establishment of the 1982 Act Hearing Panels, as Sub-Committees of the Licensing and Safety Committee, comprising of 3 Councillors, to consider and determine applications for sexual entertainment venues, where there have been relevant representations received in relation to an application or where conditions have been proposed by officers but not accepted by the applicant.

c)      the following terms of reference for 1982 Act Hearing Panels:

“To determineany applications under Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 where relevant representations have been received or where conditions have been proposed by officers but not accepted by the applicant”;

d)     the following membership of 1982 Act Hearing Panels:

i)                   Note1: The Licensing and Safety Committee agreed unanimously to waive the requirements of political balance in relation to the 1982 Act Hearing Panels.

ii)                 Note 2: Panels will be convened in the order listed as applications arise. In the event of a Panel Member not being available or otherwise unable to sit on a Panel then other Members of the Licensing and Safety Committee will be approached to substitute on a rotational basis in alphabetical order.

e)     Note 2 set out in d (ii) above applying to Licensing Hearing Panels established under the Licensing Act 2003.

f)        Request that the Monitoring Officer, under her existing delegated authority, amends the Constitution:

i)                    to make suitable amendments to the Members Licensing Code of Good Practice to reflect the establishment of 1982 Act Hearing Panels

ii)                  to reflect the terms of reference set out at (c) above

iii)                to revise the council rules in respect of substitution arrangements:

“18.9             Rules 18.2, 18.3 and 18.6 are waived in respect of Licensing Hearing Panels and 1982 Act Hearing Panels, provided always that only members of the Licensing and Safety Committee may act as substitutes on Licensing Hearing Panels and1982 Act Hearing Panels.”

g)      Request that the Independent Remuneration Panel be requested to recommend to Council to agree a change to the Members’ Allowance Scheme so that an allowance, along similar lines to the Licensing Hearing Panels, is introduced for 1982 Act Hearing Panels.