Agenda and minutes

Licensing Committee
Wednesday 14th October, 2015 2.30 pm

Venue: Lonsdale Room, Allerdale House. View directions

Contact: Dean Devine  01900 702556

Items
No. Item

203.

Minutes pdf icon PDF 65 KB

To sign as a correct record the minutes of the meeting held on 28 January 2015.

Minutes:

The minutes of the meeting held on 28 January 2015 were agreed as a correct record.

204.

Declaration of Interests

Councillors/Staff to give notice of any disclosable pecuniary interest, other registrable interest or any other interest and the nature of that interest relating to any item on the agenda in accordance with the adopted Code of Conduct.

Minutes:

None declared.

205.

Questions

To answer questions from members of the public – 2 days’ notice of which must have been given in writing or by electronic mail.

Minutes:

None received.

206.

Licensing Policy Review 2016 pdf icon PDF 191 KB

To review the Licensing Policy in line with the Licensing Act 2003

Additional documents:

Minutes:

The Senior Licensing and Compliance Officer submitted a report which sought Members to consider responses to the statutory consultation for the review of the licensing policy and to recommend a new policy.

 

Members noted the County Licensing Policy Group proposed amendments to the licensing policy and the schedule of responses to the draft licensing policy 2016-2021.

 

Members agreed that the Senior Licensing and Compliance Officer make the amendments to the draft licensing policy 2016-2021, proposed by the County Licensing Policy Group as follows:

 

·  Introduction: List of legislation: Removal of list of other legislation which impacts on Licensing

 

·  General and throughout document: Change of wording: Change of expression from “interested parties” to “other persons”

 

·  4.16: Large Scale Events: Include new wording for large events and explanation of Event Advisory Group

 

·  4.22: Community Applicants: General advice

 

·  5.5: Designated Premises Supervisor: Expansion and clearer explanation of the role of a DPS

 

·  7.8: Applications: Insertion of website address for electronic applications

 

·  7.9: Community Halls: Insertion of para relating to disapplication of DPS in Community Halls

 

·  Live Music Act: Removal of reference to Act

 

·  7.16: Minor Variation: Details of new variation process

 

·  9.0: TENs: Inclusion of explanation of LATE Temporary Event Notices

 

·  10.0: Cumulative Impact Policy: Expansion on cumulative impact policy

 

·  11.0: EMRO: Early Morning Restriction Orders. Explanation and process

 

·  12.0: Late Night Levy: Add new para. Regarding Late Night Levy

 

·  Appendix 6: Responsible Authorities: Update of Responsible Authorities list and amendments of contact details

 

Members agreed that the actions taken/comments made in the schedule of responses to the draft Licensing Policy 2016-2021 be made to the draft policy, as follows:

 

British Board of Film Classification:

 

·  Please amend guidelines and helpline link

 

Amendment recommended

 

South Lakeland District Council:

 

·  3.4 bullet point 6, Page 4: Confiscation of alcohol from adults and children in designated areas and dispersal powers

 

Amended to: Confiscation of alcohol from adults and children in designated areas protected by Public Space Protection Orders and dispersal powers

 

·  5.4, Page 10: It is recognised that the licensing function is only one means of securing the delivery of the licensing objectives and should not therefore be seen as a cure-all for solving all problems within the community. The Licensing Authority will therefore continue to work in partnership with its neighbouring authorities, the Police, the Fire Authority, the Health Authority, local businesses and local people towards the promotion of the objectives as outlined.

 

Amended to: It is recognised that the licensing function is only one means of securing the delivery of the licensing objectives and should not therefore be seen as a cure-all for solving all problems within the community. The Licensing Authority will therefore continue to work in partnership with its neighbouring authorities, the Responsible Authorities, the Health Authority, local businesses and local people towards the promotion of the objectives as outlined.

 

Allerdale Borough Council Environmental Health:

 

·  Following the email received 22 September 2015, as set out in the report:

 

Amend to include paragraph 5.5 and renumber paras:

5.5 The Licensing Authority recognises the knowledge and  ...  view the full minutes text for item 206.

207.

Gambling Policy Review 2016 pdf icon PDF 171 KB

To review the responses and approve the policy for 2016-19

Additional documents:

Minutes:

The Senior Licensing and Compliance Officer submitted a report which sought Members to consider responses to the statutory consultation for the review of the gambling licensing policy and to recommend a new policy.

 

Members noted the schedule of responses to the draft gambling policy 2016-2019.

 

Members agreed that the Senior Licensing and Compliance Officer make the amendments to the draft gambling policy 2016-2019, as highlighted in the schedule of responses as follows:

 

Gosschalks Solicitors:

 

·  9.4, page 12 – date 8th may 2015 incorrect.

 

Policy amended to 6th April 2016

 

·  11.3, page 13 – ‘there is a statement that the authority will not consider moral objections or unmet demand when considering applications for premises licences. Later in the policy (at paragraph 11.11) there is a statement that the likelihood of the grant of [planning permission or building regulation approval will not be taken into consideration, We respectfully submit that paragraph 11.3 be amended to include this as a further criterion’

 

Policy amended to insert at the end of Para 11.3: ‘Further it is under a duty not to take other irrelevant matters into consideration, e.g.; the likelihood of an applicant obtaining Planning Permission (see 11.11)’

 

·  11.4, page 13 – ‘The first sentence needs to be amended to reflect that the Gambling Commission’s guidance on ensuring that betting is the primary activity of a licenced premises relating to premises with premises licence only’

 

First sentence of 11.4 amended to: ‘This licensing authority also notes the Gambling Commission guidance on ensuring that betting is the primary activity of a premises that only holds a betting premises licence.’

 

·  11.7, page 14 – ‘the first sentence needs to be amended as we believe that there are missing words. LSSP should be LCCP

 

Policy amended: First sentence amended to ‘The general principles set out the type and number of high stake gaming machines allowable in a premises are restricted according to the type of premise licence or permit granted.’ LSSP also amended to LCCP.

 

·  11.14, page 16 – ‘the final two sentences of this paragraph cause ABB concern…. These two sentences should be removed and replaced the reiteration of the principle earlier in the policy that each case will be determined on its own merits.

 

The paragraph would not be amended other than the removal of the last clause in the last sentence. i.e. ‘with the onus upon the applicant showing how potential concerns can be overcome’

 

·  16.4, page 25 – request that paraphrased conditions be replaced by the mandatory and default conditions as per Part 1 & 2 Schedule 5 GA Act 2005.

 

Agreed and 16.4 to be amended to include in full: Paraphrased conditions to be replaced in full by the mandatory and default conditions as per Part 1 & 2 Schedule 5 GA Act 2005.

 

It was agreed that Council be recommended to approve the draft gambling policy 2016-2019, following the above amendments being made.

 

Recommended:

That Council approve the draft gambling policy 2016-2019, following amendments being made to it by the Senior  ...  view the full minutes text for item 207.