Agenda and minutes

Apologies were received from Councillor Rice and Councillor Beacham

The Chair will consider the admission of any late items of urgent business.  (Late items will be considered under the agenda item where they appear.  New items will be dealt with at item 7 below).

            The Chair agreed to receive a late item of Counsel’s Opinion and officer recommendations as it was essential to enable members to take a decision on the matter of extending the duration of the Licensing Bodies in Election Year.

A member with a personal interest in a matter who attends a meeting of the Authority at which the matter is considered must disclose to that meeting the existence and nature of that interest at the commencement of that consideration, or when the interest becomes apparent.

A member with a personal interest in a matter also has a prejudicial interest in that matter if the interest is one which a member of the public with knowledge of the relevant facts would reasonably regard as so significant that it is likely to prejudice the member’s judgement of the public interest.

None

To consider receiving deputations and/or petitions in accordance with Standing Order 37, part E.8.

None

To approve the minutes of the previous meeting of the Licensing Committee held on 21 February 2006 (to follow).

Matters arising

§           Members asked for clarity on the decision as set out in paragraph LC20 of the minutes of 21 February and the Chair confirmed that at 9.30pm the Chairs of the respective Licensing Sub Committees must decide whether to adjourn or continue hearing the current item; waiving standing orders if necessary. 

§           Members also asked for an update on the Golden Stool application; the Licensing Manager advised that this would be heard at the Magistrates Court on 3^rd and 4^th July 2006.  

§           The Licensing Manager also advised members that the Mizguin had lodged an appeal.

            RESOLVED:  

            That the minutes of the meetings held on 21 February 2006 be agreed and signed by the Chair.

To recommend to Members that arrangements be made to continue in operation one or more of the existing Licensing bodies until the Annual Meeting in order to ensure that the Council’s statutory duties to hear Licensing applications are discharged. To consider Counsel’s Opinion on this matter and to make decisions and/or recommendation in the light of legal advice.

Licensing Committee agreed at it’s meeting on 21 February 2006 to defer any recommendation to full Council on extending the duration of the Licensing Bodies in Election Year, pending receipt of Counsel’s advice on the lawfulness of the measures proposed.  This was not available at the time of despatch of the Agenda and Notice for this meeting.  Members had now had the opportunity to consider Counsel’s advice and subsequent officer recommendations which were set out in the late report. 

To recap, members had been asked to consider arrangements to continue the operation of one or more of the existing Licensing sub committees until the Annual Meeting in order to ensure that the Council’s statutory duties to hear Licensing Applications under the 2003 Act were discharged. 

The Legal Services Representative set out this report and advised members that Counsel had advised, under the 2003 Act, that a Licensing Committee could function with less than the statutory minimum of 10 members; provided that there was a quorum of 4.  Whilst it was not outside the regulations to have sub groups of less than 3, it was felt to be desirable to have a minimum of three.

This ruling therefore eliminated the need to delegate powers to the Chief Executive; as proposed in the original report to the Licensing Committee on 21February.  It would also be acceptable to extend the powers of the existing Licensing Committee to 22 May 2006 (Annual Council), subject to the Committee only discharging essential functions to meet the statutory obligations of the 2003 Act in determining contested applications.  In order to facilitate this, a small addition to the Terms of Reference was necessary, as set out in Appendix 3 to the report.  

Members unanimously agreed to the recommendation as set out below and expressed their satisfaction at having sought Counsel’s opinion first.  

RECOMMENDED

1.                 That Full Council be recommended, via the General Purposes Committee:

·      To confirm the current appointment of Members to the Licensing Committee to extend to the Annual Meeting of the Council on 22 May 2006, subject to the same conditions set out in (1) above

(i)                 The individual members being re-elected as Councillors

(ii)               That it has powers to act only for the purpose of determining contested matters that the Licensing Authority is required to decide before the newly appointed Licensing Sub-committee are able to meet. 

·      To adopt the changes to the Terms of Reference of the Licensing Committee, set out in Appendix 3 to the report, as amendments to Part E7 of the Council’s Constitution. 

The meeting ended at 7.30 pm