Agenda and minutes

Apologies for absence were received on behalf of Councillor Reid due to illness, for whom Councillor Aitken was substituting, and apologies also from Councillor Edge.

NOTED

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 6 below.

There were no items of urgent business however the Clerk advised that in respect of Item 5 – Establishment of Licensing Sub-Committees there was a TABLED appendix 2 which had been marked ‘TO FOLLOW’ which the Commiittee were asked to consider as part of the circulated report.

NOTED

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 he 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 and if this interest affects their financial position or the financial position of a person or body as described in paragraph 8 of the Code of Conduct and/or if it relates to the determining of any approval, consent, licence, permission or registration in relation to them or any person or body described in paragraph 8 of the Code of Conduct.

There were no declarations of interest.

NOTED

To confirm and sign the minutes of (i) the meeting of the Licensing Committee held on 17 December 2007, and (ii) the special Licensing Committee held on 14 April 2008.

RESOLVED

That the minutes of the meetings of the Licensing Committee held on 17 December 2007, and the special Licensing Committee held on 14 April 2008 be agreed and signed as an accurate record of the proceedings.

The Chair referred to the TABLED appendix 2 which was referred to within the report and asked if there were any comments from Members in relation to the proposed composition of the Sub-Committees. The Chair also referred the position of the Councillor who would be appointed as ‘float’, and asked that  the Committee Secretariat ensure the utilising of this member in the situation where a substitute member was required or in the case of convening a ‘Special’ Licensing Sub-Committee, and also ensuring the use of those Members of the Council who had been trained in Licensing matters but who did not sit on the Committee at present.

In response to points of clarification from the Committee the Head of Legal Service’s representative – Mr Mitchison – advised the Committee of the powers delegated to the Head of Local Democracy and Member Services in respect of convening ‘Special’ Licensing Sub-Committees at short notice, as required, and the reasoning for this, together with the Licensing substitution rules in relation to appointing a Member to a sub-Committee on the actual day of the meeting.

Councillor Dodds commented on the feasibility of the Sub-Committees having site visits to premises where a licence was to be considered, and the usefulness to having such visits.

Mr Mitchison responded that whilst he did not see any initial difficulties to the possibility of site visits there would need to be clear guidance and protocols drawn up in respect of such visits, similar to those protocols used for site visits in relation to Planning Committee.  The main areas of difficulty however could be in situations where a ‘Special’ Licensing Committee was to be convened at short notice and there not being sufficient time in which to arrange for a site visit to take place. However Mr Mitchison advised that he would speak with the Licensing  Service in this respect to ensure that a report be submitted to a future meeting of the Licensing Committee in this respect. 

The Chair welcomed Councillor Dodd’s suggestion and asked that officers pursue this suggestion and report further to the Committee.

In response to points of clarification from Councillor Thompson the Chair advised that training would be provided for Councillor Thompson, and to any Councillors on the Sub-Committees as a refresher if they required this, and that the quorum for the meeting of the Sub-Committees was 3 Members – being the number of Members appointed to each. 

There being no further points of clarification the Chair MOVED and it was:

RESOLVED

1.   that the terms of reference of the Licensing Committee in Part 3 Section C of the Council’s Constitution, and as detailed in Appendix 1 to this report be noted;

2.      That the establishment of three Licensing Sub-Committees with the membership set out in the TABLED Appendix 2 to this report and as detailed below be agreed:

Licensing Sub-Committee A

Councillor Patel – Chair

Councillor Reid

Councillor Vanier

Licensing Sub-Committee B

Councillor Lister – Chair

Councillor Demirci

Councillor Thompson

Licensing Sub-Committee C

Councillor  ...  view the full minutes text for item 5.

To consider any new items of urgent business admitted under agenda item 2 above.

There were no other items of urgent business.

NOTED

The scheduled meetings of the Licensing Committee for 2008/09 are as follows:

7 October 2008

17 February 2009

The Committee noted the dates of the Licensing Committee for the remainder of the Municipal Year 2008/09 as follows:

7 October 2008

17 February 2009