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