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. 15 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. 16 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. 17 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. 19 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. 20 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