18 May 2006 - Broadland District Council

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Licensing Committee
DRAFT
Minutes of a meeting of the Licensing Committee held at Thorpe Lodge,
1 Yarmouth Road, Thorpe St Andrew, Norwich on Thursday 18 May 2006 at
10 am when there were present:
Mr S C Beadle
Mr C J Cobb
Mrs J C Cottingham
Mr D M Dewgarde
Mr S Dunn
Mr I V Evans
Mr T H Gasson
Mr R J Knowles
Mr R R Nash
In attendance were the Senior Environmental Health Officer (Health & Safety and
Licensing) and the Committee Officer.
1
APPOINTMENT OF CHAIRMAN FOR 2006/07
Nominations were invited for the position of Chairman of the Committee.
Following the receipt of one nomination, it was
RESOLVED:
to appoint Mr S Dunn as Chairman of the Licensing Committee for the
2006/07 municipal year.
2
APPOINTMENT OF VICE-CHAIRMAN FOR 2006/07
Nominations were invited for the position of Vice-Chairman of the Committee.
Following the receipt of one nomination, it was
RESOLVED:
to appoint Mr I V Evans as Vice-Chairman of the Licensing Committee for the
2006/07 municipal year.
3
APOLOGIES FOR ABSENCE
Apologies for absence were received from Mrs V M Beadle, Mrs K DavisClaydon, Mr K G Leggett and Mr D W Thompson.
18 May 2006
Licensing Committee
4
MINUTES
The Minutes of the meeting held on 24 November 2005 were confirmed and
signed by the Chairman as a correct record.
5
APPOINTMENT OF LICENSING SUB-COMMITTEE CHAIRMEN FOR
2006/07
At the meeting held on 1 December 2004 the Committee had agreed to the
following

appoint five sub-committees

agree that the sub-committees should hear cases on a rotational basis in
the alphabetical order of the Chairman concerned

agree that the Members of the sub-committee be appointed on a rotational
basis in the alphabetical order of their surnames.
Accordingly, the Committee considered the appointment of the Chairmen of
the respective sub-committees and
RESOLVED:
to appoint Mrs J Cottingham, Mr D M Dewgarde, Mr S Dunn, Mr R Knowles
and Mr R R Nash as Chairmen of the 5 sub-committees.
6
LICENSING ACT 2003 - UPDATE
The Committee received a verbal update by the Senior Environmental Health
Officer (Health & Safety and Licensing).
Staffing
It was noted that there had been a number of staff changes within the
department. Claire Hatfield had been appointed as the Technical Officer
(Licensing Administration), a position formerly held by Sarah Britton, who was
now the Technical Officer (Licensing Enforcement). Sarah had replaced
Nicola Bradder who had been promoted to Administration Manager in
Environmental Services.
18 May 2006
Licensing Committee
Licences Issued (as at 11 May 2006)
Personal Licences
Premises Licences
Club Premises Certificates
Temporary Event Notices (TEN)
Interim Authority Notices
Transfer of Premises Licences
Changes to DPS
596
330 (7 to issue)
40
180
3
13
47
There had been a dramatic increase in the number of TENs and, as a result,
the Council was proposing to produce a guide for organising safe events.
Members’ attention was drawn to an article which recently appeared in the
Eastern Daily Press in which an applicant was complaining about the £21 fee
charged by the Council for a one-off event, in aid of charity. It was noted that
although the Magistrates’ Court used to charge £10, this did not cover the
administrative costs in the same way that the current statutory charge
probably did cover the Council’s costs. In addition, a TEN could cover events
of up to 4 days.
Enforcement Inspections
A programme of enforcement inspections was in progress, with the Technical
Officer (Licensing Enforcement) conducting spot checks on licensed premises
to ensure licences were being displayed and conditions complied with. A
number of written warnings had been issued for non-compliance, with any
persistent contraventions resulting in a more formal approach.
Also, all premises which were still covered by the old Public Entertaining
Licensing conditions, because of a converted licence, had been contacted
and required to produce annual fire safety and electrical test certificates.
Only a very small number of complaints had been received relating to
licensed premises and of those, only one premise was under investigation.
Despite concerns, the transition from the Magistrates’ Courts had gone
smoothly.
Outdoor Summer Events
In addition to inspecting pubs, clubs, shops and restaurants, the Senior
Environmental Health Officer (Health & Safety and Licensing) and the
Technical Officer (Licensing Enforcement) would dealing with the outdoor
summer events, such as Taverham Brass Band concert at Sprowston Manor,
18 May 2006
Licensing Committee
the Blickling Hall concerts, Reedham Folk Festival, Aylsham Show and
Strumpshaw Country Music Festival.
Gambling Act 2005
It was noted that the procedure for taking over this responsibility would be
similar to that for the Licensing Act 2003. Timetable as follows:
October 2005: Gambling Commission establishment commencement of
changes to Gaming Act 1968 for casino and bingo premises.
From March 2006: Key draft Statutory Instruments on operating and personal
licences to be published for consultation.
May 2006: Gambling Commission to publish guidance for licensing
authorities.
June 2006: Gambling Commission to publish licence conditions and codes of
practice.
Late 2006: Gambling Commission will start to invite applications for operating
and personal licences.
January 2007: Licensing authorities will accept applications for all licences
and permits.
September 2007: Old legislation repealed. Operating, personal and premises
licences and permits come into effect. Commencement of remaining
provisions of the Act, as required.
It was noted that a meeting of the Norfolk Licensing Officers’ Forum would
take place on 5 June 2006, which would discuss a Norfolk wide policy. The
Senior Environmental Health Officer (Health & Safety and Licensing) assured
the Committee that training would be provided for both officers and Members.
In essence, the Council would take over responsibility for gaming machines amusement with prizes (AWPs), turf accountants, casinos (currently none in
our area) which would involve considerable administrative activity in the first
year during the transfer. This covered approximately 90 premises with AWPs,
180 lotteries and a small number of premises with high level of payout jackpot
18 May 2006
Licensing Committee
machines. A key issue would be premises with the Section 34 permits (ie
those which did not sell alcohol) as there was no provision for these within the
new legislation. Gaming machines would only be permitted in licensed
premises, ie those with the new alcohol licences, which would not cover small
businesses such as unlicensed take-aways.
Question and Answer Session
In response to a question on the level of fees, the Senior Environmental
Health Officer (Health & Safety and Licensing) reported that these were set by
central government and the Council was bound to abide by them. However,
officers did try to assist applicants to use the most cost-effective method of
application.
It was noted that monitoring reports submitted by complainants had been
received in relation to 3 premises, of which 2 complaints had been
unsubstantiated. Evidence had been compiled from CCTV footage and noise
monitoring equipment. The third premise was under investigation, in
conjunction with the Police.
7
SEMINAR - PRACTICAL PROBLEMS FOR LICENSING AUTHORITIES
Members were reminded of the above seminar being conducted by Steeles
law firm at the UEA Sportspark on 25 May 2006 at 2.30pm. This would cover
topics such as contested hearings, enforcement issues, preparation and
conduct of appeals.
The meeting closed at 10.45am
18 May 2006
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