Agenda and minutes

Apologies for absence were received on behalf of Councillors Bloch, Khan, and Kober.

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 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 judgment 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.

(Report of the Director of Urban Environment) To seek approval of the draft statement of licensing policy and to recommend it to full Council for adoption.

In accordance with Standing Order 32.6, no other business shall be considered.

In a brief introduction of the circulated report Licensing Officer – Ms Barrett advised the Committee that the Licensing Act  2003 (the ‘2003 Act’) introduced  new regime under which the responsibility for the licensing of the sale of alcohol , regulated entertainment and late night refreshment transferred from the Magistrates Court to the licensing authority , i.e. the local authority. One of the key requirements under the 2003 Act was to prepare and publish a Statement of Licensing policy which would set out the basis on which the authority will make its license application decisions. This was first published on 7^th January 2005 after widespread consultation. The legislation requires that the Statement of Licensing Policy be reviewed at least every three years.

Ms Barrett further advised that the Licensing Authority was required under the Act to consult on their policy (and any subsequent revisions) and the requirements of this consultation were also detailed in statute.  Guidance provided by the Local Authorities Coordinators of Regulatory Services (LACORS) was that in addition to the planned review of policy, a republished policy should be available within 3 years of the original publication.  It had created the need to bring forward arrangements for consultation and formal adoption.

Ms Barrett commented that the areas of the policy which had been revised reflect the revision of the S182 Guidance, the changes brought in by various legislation and the demands being made on the Service. The additions made to the Policy were:

               I.      All reference to the transitional stage has been removed

  This section is no longer required as the Transitional stage ended in August 

   2005

             II.      Clarification on the application of gaming machines in alcohol licensed premises, up to 2 machines is an automatic entitlement. This Authority has delegated to officer level the ability to authorise up to 4 machines at any one premise. Applications for more than 4 will be required to show reasons for the higher number and how it will be managed; such applications will be put before the licensing sub Committee.

            III.      Adult entertainment – guidance on what the Licensing Authority will require to be clarified in any such application.  Entertainment comprising of nudity, striptease, table and pole dancing falls within the remit of the Licensing Act 2003.  The Licensing Service is receiving an increasing amount of calls enquiring about what rules the Authority applies to establishing seeking to provide such entertainment.  It is proposed that the Licensing policy will now contain criteria that will be considered for any such application.  This includes proximity to sensitive locations, protection of children, management arrangements to avoid crime and disorder, and a code of conduct for dancers.

         IV.      Risk assessments to be carried out by applicants in relation to fire safety, crowd control, audience and artists profiling (v) tables and chairs outside pubs and clubs. London Councils in association with the Association of Chief Police Officers (ACPO) have asked all authorities to ensure that systems are in place to gather information from club promoters/DJs  ...  view the full minutes text for item 53.