Agenda and minutes

Apologies were received from Councillors Lister, Baker and Edge.

It was moved that Councillor Patel be appointed as Chair of Licensing Committee for 2007/8.

Having received a nomination from Councillor Reid for Councillor Beacham as Vice-Chair, which was subsequently rejected, it was moved that Councillor Peacock be appointed as Vice-Chair of Licensing Committee for 2007/8

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).

None

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.

A report of the Head of Legal Services and Monitoring Officer.

The Committee received an outline of the Interim Monitoring Officer’s report and the proposed amendments to the terms of reference of the Licensing Committee and the Licensing Sub-Committees, the scheme of delegation to officers, and the Local Licensing Procedure Rules as a result of the implementation of the gambling Act 2005.

RESOLVED

(i)                 That the Committee noted the changes to the terms of the reference of the Committee as agreed by Annual Council as set out in appendix three of the report before the Committee

(ii)               That the Committee agreed to amend the terms of reference of the Licensing Sub-Committees as set out in appendix three of the report before the Committee.

(iii)             That the Committee agree to establish the Licensing Sub-Committees with the membership as set out in appendix seven of the report before the Committee, namely:

·        LSCA

Cllr Patel (Chair)

Cllr Vanier

Cllr Demirci

·        LSCB

Cllr Peacock (Chair)

Cllr Lister

Cllr Reid

·        LSCC

Cllr Beacham (Chair)

Cllr Baker

Cllr Dobbie

·        Reserve

Cllr Edge

(iv)              That the Committee agreed to the amendments to the Scheme of Delegation to Officers as set out in appendix five of the report before the Committee.

(v)                That the Committee agreed to the amendments to the Local Licensing Procedure Rules as set out in appendix six of the report before the Committee.

A report of the Urban Environment Assistant Director (Enforcement).

The Committee was informed of the statutory requirements under the Gambling Act 2005, that required the licensing Authority to set fees in respect of licenses under the Act and to consult on the proposed fees with those licensees who would be affected by or otherwise have an interest in the setting of the fees. The Committee was further informed of the requirement to set fees for premises licence applications subject to the fee maximums as proposed by the Government. The Committee was advised that fees, in the form of a one off application fee followed by an annual fee, must be set subject to the following principles:

·                    To ensure that fees are set at a level that enables full cost recovery by the licensing authority

·                    To ensure fairness and value for money for the gaming industry.

Having discussed these principles, and the need for the licensing authority to recover it’s cost and not make a loss out of processing the applications, and considering by how much other neighbouring boroughs had altered their fees, the Committee felt that an increase to the maximum fee for betting premises (excluding tracks) would best ensure the licensing authority would reflect what neighbouring boroughs had set their fees at, and also to ensure that licensing authority did not make a loss out of processing the licensing applications over  the coming two years. The Committee was therefore presented with two options as follows:

(i)                 Set the fee maxima proposed by the Government initially and review the fees after a year. The Committee was advised that this stance was discouraged by the Government and the industry alike.

(ii)               Set its own fee levels according to estimated time and costs in carrying out the functions required to administer the Act ensuring that costs were within the fee maxima given by Government.

RESOLVED

·                    That the Committee noted the two options and opted for (ii), so that Betting Premises (excluding tracks) fees be set to the maximum of £600 for the annual fee.

·                    That the Committee agreed to review these fees in a years time.

·                    That the Committee agreed to the formal consultation process on the fees commence as necessary.

A verbal update on Licensing Service issues and resolutions.

The Committee was advised that two pending appeals against decisions made by the licensing sub-committee, had now been withdrawn. These were applications by Wetherspoons, Wood Green, and Bar 3, Bruce Grove.

RESOLVED

That the officers update was noted by the Committee.

To consider any new items admitted under item 2 above.

None.