Agenda and minutes

Apologies for absence had been received from Cllr Lister.

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.

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.

To confirm and sign the minutes of the meetings of the Licensing Committee and the Special Licensing Committees held on:

Special Licensing Committee 24 April 2008

Licensing Committee 22 May 2008

Special Licensing Committee 16 July 2008

Special Licensing Committee 4 December 2008

Special Licensing Committee 6 January 2009.

RESOLVED

That the minutes of the Licensing Committee meetings held on 24 April, 22 May, 16 July and 4 December 2008 and 6 January 2009 be approved and signed by the Chair.

To establish three Licensing Sub Committees to conduct the majority of hearings under the Licensing Act 2003 and the Gambling Act 2005.

The Committee received a report on the establishment of the three Licensing Sub-Committees to conduct the majority of licensing hearings, following the appointment of members of the Licensing Committee by the Full Council on 18 May 2009. The Committee was also asked to note the provisions for the appointment of substitutes for Sub-Committee hearings and the terms of reference of the Licensing Committee and its Sub-Committees.

The Committee was asked to consider the appointment of Members to the three Licensing Sub-Committees, as set out in Appendix 2 of the report, which was tabled at the meeting.

RESOLVED

i)                    That the terms of reference of the Licensing Committee in the Council’s Constitution, as attached as Appendix 1 of the report, be noted.

ii)                  That the establishment of three Licensing Sub-Committees be agreed, as set out in the tabled Appendix 2.

iii)                That the Floating Member of the Licensing Committee be called upon to act as a substitute member on any of the Sub-Committees as necessary.

iv)                That the terms of reference of the Licensing Sub-Committees in the Council’s Constitution, as attached as Appendix 3 of the the report, be confirmed.

v)                  That the provisions in the Council Procedure Rules for the appointment of a substitute Member of a Licensing Sub-Committee from among the Members of the Committee when the permanent Sub-Committee Member is unable to attend for any reason be noted.

vi)                That it be noted that the Council Procedure Rules in Part 4 B of the Constitution do not apply to hearings, which are governed by the Local Licensing Procedure Rules and the relevant Regulations.

vii)              That it be noted that the other business of the Committee, except for hearings, is governed by the Council’s Procedure Rules (Council Standing Orders), noting the substitution rule as detailed under Part 4 Section B of the Constitution.

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

There were no new items of urgent business.

Item 8 is likely to be the subject of a motion to exclude the press and public from the meeting as it contains exempt information as defined in Section 100a of the Local Government Act 1972; namely information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

RESOLVED

That the public and press be excluded from the proceedings.

To confirm and sign the exempt minutes of the Special Licensing Committee, 15 May 2008.

RESOLVED

That the exempt minutes of the special Licensing Committee meeting held on 15 May 2008 be approved and signed by the Chair.

The scheduled meetings of the Licensing Committee for 2009/10 are as follows:

15 October 2009

25 January 2010

29 March 2010

NOTED

The scheduled meetings of the Licensing Committee for 2009/10:

15 October 2009

25 January 2010

29 March 2010