Agenda item no ______3______
LICENSING AND APPEALS COMMITTEE
Minutes of a meeting of the Licensing and Appeals Committee held at 10.00 am on
19 September 2011 in the Council Chamber, Council Offices, Holt Road, Cromer.
Members Present:
Mrs A Claussen-Reynolds
Mrs A Green
Mrs P Grove-Jones
Mr B Jarvis
Mr R Price (Chairman)
Mr R Shepherd
Mr B Smith
Mrs H Thompson
Officers in attendance:
The Licensing Manager and the Legal and Democratic Services
Manager.
13
APOLOGIES FOR ABSENCE
Mr B Hannah, Mr P High, Ms B Palmer, Mr R Reynolds and Mrs H Thompson.
14
PUBLIC QUESTIONS
None received.
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MINUTES
The Minutes of the meeting of the Licensing and Appeals Committee held on 11 July
2011 and also the minutes of the meetings of the Licensing Sub-Committees held on
13 and 22 July 2011 and 17 August 2011 were approved as correct records and
signed by the Chairman.
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ITEMS OF URGENT BUSINESS
There was one item of urgent business which concerned the publication on 10
September 2011 by the Department of Culture, Media and Sport of a consultation
paper on the de-regulation of entertainment licensing parts of the Licensing Act 2003.
The Chairman stated that the reason for this being urgent was to alert Members to
this matter (which might also be raised with them by the trade and constituents) and
to inform them that a report would be made to the next meeting of the Committee
which would include a presentation by the Police. The Act was a very important
piece of legislation and it was vital that the Council considered and responded to the
proposals to regulate it.
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DECLARATIONS OF INTEREST
None.
Licensing and Appeals Committee
19 September 2011
18
MATTERS ARISING
The Garden House, 30 Bridge Street, Fakenham
The Licensing Manager gave an oral update. Following the meeting of the Licensing
Sub-Committee on 13 July 2011, at which additional conditions were imposed on the
premises licence and suspended for six weeks, the premises had closed at the end
of July and could have reopened on 14 September 2011. The Council had been
notified by the owners that the premises were still closed and they were thinking
about the future of their business.
Licensing Sub-Committees – Late Consultations
It was reported that in a number of cases, it was not always possible to issue the
complete consultation results for an application, with some still awaited when the
agenda was sent out. Officers had discussed this issue and felt that whilst they
wished Members to have all the paperwork in order to consider an application, on
balance the extra cost of holding another meeting could not be justified. Only any
late consultation replies would be sent out after the agenda had been dispatched.
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LICENSING OF SEXUAL ENTERTAINMENT VENUES (SEVs)
The report revisited the issue of adoption of new powers relating to licensing of
sexual entertainment venues (SEVs).
The Licensing Manager explained that whilst dancing fell under the auspices of a
form of general entertainment licencing, it did not provide for nudity. The
Government had sought to provide an additional set of powers which enabled
licensing authorities to impose specific conditions including physical separation from
the dancer. This could not currently be provided for under the existing arrangements.
The Government had stated that if councils chose not to adopt the regulations within
one year of them coming it force, they must carry out a consultation. The Council’s
previous administration had decided not to adopt the regulations, but a year had
passed since they had come into force, so a decision now had to be made on
whether to adopt them or carry out a consultation. A consultation could take up
considerable Member and Officer time. The Council was not aware of any venue in
North Norfolk which would require such a licence, but it was important to have
measures in place.
Members concurred that it was important to have measures in place as it was
unknown if or when they would be needed. The regulations would give the Council
the ability to apply conditions to venues and provide some safeguards for the
performer.
RECOMMENDED to Full Council to
adopt the relevant new provisions for the regulation of lap dancing and other sexual
entertainment venues.
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TASK AND FINISH GROUPS
Hackney Carriage and Private Hire
There was a need to begin consulting the relevant groups with a view to
implementing any revised terms and conditions by 1 April 2012. To achieve this,
consultations needed to be complete for consideration by the Committee at its
meeting on 23 January 2012. Consultations usually took about 12 weeks. A number
Licensing and Appeals Committee
19 September 2011
of issues had been highlighted by the Group. A report updating Members on
progress made would be on the next agenda.
The meeting concluded at 11.00am.
_____________________
Chairman
14 November 2011
Licensing and Appeals Committee
19 September 2011