Issue - meetings

To seek members’ views on (1) measures to speed the holding of hearings and (2) policy on standardising hours for licensed premises.

(Agenda Item 7):

       HEARING PROCEDURE

The Chair invited the Legal Adviser, Terence Mitchison to present his Report to the Committee. Mr Mitchison explained that there were a number of options available in terms of measures that could be taken to speed up Licensing Sub-Committees so as to ensure that agenda business is completed in good time. Mr Mitchison outlined the practical terms the law requires that each party to a hearing must be subjected to and highlighted that the Legal Service advice does not that the Hearings Regulations permit the imposing of an arbitrary time limit on hearings when the complexity of certain cases may require that a longer time be allowed to explore all relevant issues in order to avoid contravening certain parties’ legal rights.

There was a discussion about the alternatives to an absolute time limit which Mr Mitchison had highlighted in his Report. Some concerns were raised because Members largely agreed that restricting rights to “sound-off” would be problematic. Councillor Haley drew the Committee’s attention to Part E.8 of the Haringey Council Constitution at section 32.7 and asked sub-committee chairs to ensure hearings do not run beyond 10pm by ensuring that at 9:30pm a decision is made to curtail the agenda.

       RESOLVED

That members agreed to the Hearings Procedure Summary be amended as follows:

No meeting shall continue after 10pm, except that discussion of the specific item or case in hand at 10pm may continue thereafter at the discretion of the Chair of the meeting. Consideration of any business remaining shall be deferred to the next ordinary meeting, expect where the matter(s) falls to be deal with under the urgency provisions.

STANDARDISING HOURS POLICY

The Chair invited the Legal Adviser, Terence Mitchison to continue presenting his two-tier Report to the Committee, covering the issue of the standardisation of closing hours. He emphasised that both the government and Haringey Council recognised that each application had to be considered on its own merits. He also highlighted that the government, in its guidance to all local authorities, expressly disapproved of “zoning”, i.e. setting fixed closing hours within a designated area. Furthermore, the guidance is opposed to any attempt to engineer “staggered closing times” which means allocating different closing times to different premises in an area. Mr Mitchison drew Members’ attention to the Guidance paragraphs 3.30 and 6.7 to 6.10, and to the Statement of Licensing Policy at paragraphs 18.4 and 18.5.

With these parameters provided to Members, Mr Mitchison highlighted to Members that there was an option to consult with the DCMS on this and any other perceived restrictions or problems during the official two periods of consultation that were running throughout 2006.

RESOLVED

That Members express their view on the standardisation of closing hours for licensed premises in the DCMS consultation exercise.