Agenda and minutes

Apologies were received from Cllr Rod Eaton who was substituted by Cllr Liz Bryant.

The minutes from the Licensing Committee meeting held on 7 September 2011 were presented and it was,

Resolved:

To approve and sign the minutes of the meeting held on 7 September 2011 as a correct record.

2012 Year of Celebration

Members will be aware that 2012 is set to be a year of celebration with the Queens Diamond Jubilee and Olympics.   Many communities are already well down the path of organising local parties and festivities.  Whilst the Licensing team are still waiting to see how plans develop it is worth drawing to Members attention that there is likely to be licensing implications.  Members should be assured that everything will be done to support communities and organisers to ensure their event is both properly licensed and safe but should be aware that there may be a need to convene sub-committees on the odd occasion. This is likely to be true for the Olympic evening event to be held in Salisbury where Wiltshire Council will be the applicant.

This is a developing picture.  The Licensing team is working with Laurie Bell and her cross-authority 2012 ‘Celebration team’ so that we can work with communities at an early stage of their planning, helping them through the process where applicable and managing the demand on the service.

I will be kept informed of progress which no doubt will pick up momentum in the near future as we move closer to the summer months.   

Street Trading

The 28 day public consultation period for the Wiltshire Council resolution to adopt all streets as consent streets in the Wiltshire Council area closes on the 10 February 2012.

If we do not receive any representations relating to the proposed resolution a public notice will be placed in the newspaper for two consecutive weeks stating that Wiltshire Council have designated all streets in the Council`s area as consent streets, and that the designation will come into force on the 1 April 2012.

As soon after this date the new scheme will be implemented and will provide effective powers to control inappropriate street trading within the Council`s area.

Home Office Consultation

Section 172 of the Licensing Act 2003 enables the Secretary of State to make licensing hours orders. These orders can be made where there is a period (celebration period) which will mark an occasion of exceptional international, national, or local significance.

During December 2011 the Home Office carried out a consultation with interested parties which proposed that a licensing hours order be made for the Queens Jubilee.

If such an order is made it will allow all currently licensed premises to carry out licensable activities until 01:00 A.M. on both the 1 and 2 June 2012 without the need to apply for a Temporary Event Notice or license variation. There has been overwhelming support for the proposal and it is anticipated that the national licensing hours order will be made by the Secretary of State later this month.

Implementing the Police Reform and Social Responsibility Act 2011

There are a number of key measures in the new Act which include:

• introducing a late night levy to help cover the cost of policing the late night economy
• increasing the flexibility of early morning alcohol restriction orders  ...  view the full minutes text for item 3.

There were no declarations of interest.

The Council welcomes contributions from members of the public.

Statements

If you would like to make a statement at this meeting on any item on this agenda, please register to do so at least 10 minutes prior to the meeting. Up to 3 speakers are permitted to speak for up to 3 minutes each on any agenda item. Please contact the officer named above for any further clarification.

Questions

To receive any questions from members of the public or members of the Council received in accordance with the constitution. Those wishing to ask questions are required to give notice of any such questions in writing to the officer named above no later than 5pm on Monday 30 January 2012.

Please contact the officer named on the first page of this agenda for further advice. Questions may be asked without notice if the Chairman decides that the matter is urgent.

Details of any questions received will be circulated to Committee members prior to the meeting and made available at the meeting and on the Council’s website.

There was no public participation.

The minutes from the Licensing Sub-committee meetings held on the 27.09.11, 25.10.11, 3.11.11, 14.11.11, 15.11.11, 21.11.11, 13.12.11, 15.12.11, 22.12.11, 5.01.12 and 6.01.12

Resolved:

To approve the minutes of the meetings held between the 27.09.11 and 6.01.12.

This report by Jo Lloyd (Public Protection Officer – Licensing North) is to update Members on new regulations in relation to sexual entertainment venues.

It recommends that the Licensing Committee agrees to the adoption and implementation of the Sex Establishment Licensing Policy, Standard Conditions for Sexual Entertainment Venues and Sex Cinemas and Standard Conditions for Sex Shops.

Kate Golledge, Public Protection Manager led the committee through the report on Sexual Entertainment Venues.

With effect from the 6 April 2010 local authorities in England have been able to adopt additional powers to regulate lap dancing clubs and similar venues. Section 27 of the Policing and Crime Act 2009 amend Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 to introduce a new category of sex establishment called ‘Sexual Entertainment Venue’ which, if adopted by the local authority, will require premises in that area who provide ‘relevant entertainment’ such as lap dancing to obtain a Sex Establishment Licence.

The legislation is not mandatory for local authorities and therefore will have flexibility to decide whether and, if so, when the new provisions should come into force in their area.

The Home Office has provided guidance for local authorities regarding sexual entertainment venues.  The licensing Committee is being asked to consider a Policy and Conditions in relation to the new power for local authorities and agree to adopt such conditions.

Members noted that renewal of a license occurred on a yearly basis and the cost for this was £1200.

After lengthy discussion by the members where amendments were made to the policy it was;

Resolved

1)    To adopt the implement the Policy and Regulations prescribing Conditions for Sex Establishments from 1 March 2012.

2)    To delegate authority to the Service Director Public Protections Services to instigate proceedings under Schedule 3, Local Government (Miscellaneous Provision) Act 1982.

And subject to the following changes to the Sex Establishment Licensing Policy – Guidance and Standard Conditions;

i)                Page 106, para 5.4 - delete Ward, insert Divisional.

ii)               Page 106, para 5.8 - add to the end of the sentence, as listed

in paragraph 6.3.

iii)             Page 106, para 6.2 - insert after should, or should not.

iv)             Page 107, para 6.2 (f) (ii) - amend the spelling of centers to centres.

v)              Page 108, para 6.3 (c) and (d) - expand EEA to European Economic Area 

vi)             Page 108, para 6.3 (e) - insert sexual establishment before licence.

vii)           Page 109, para 8.5 - delete ‘number of days’ and insert 5 working days.

viii)         Page 116, para 7 (k) – insert after exchange ‘contact details,’ and delete ‘or’.

ix)             Page 117, para 5 (a) – insert after person ‘under the age of18 or’.

x)              Page 117, para 6 (b) – delete at insert ‘inside’.

This report by Jo Lloyd (Public Protection Officer – Licensing North) is to seek approval for Regulations and a harmonised Policy in relation to Street Collections.

Kate Golledge, Public Protection Manager led the committee through the report on the harmonised Wiltshire Council Street Collection Policy.

Prior to the district councils and Wiltshire County Council becoming a unitary authority, the four district councils had individually adopted the standard Regulations relating to street collections.  In addition the District Councils adopted their own local policies on such matters as the number of collection allowed in their area by charitable organisations, therefore all following different guidelines.

Councillors sought clarity on the definition of ‘street’.  Paul Taylor, Solicitor, explained that the definition of ‘street’ was different in this context than that of the definition that had recently been applied in the Street Trading policy.  For the purposes of Street Collections the definition of ‘street’ is;

‘includes any highway and any public bridge, road, lane, footway, square, court, alley, or passage, whether a thoroughfare or not’.

After further discussion it was,

Resolved:

1)    To agree the harmonised, Policy on Street Collections.

2)    To approve that previous Street Collection Regulations be revoked and the new Regulations come into effect and are implemented as soon as possible.

And subject to the following amendment to the Street Collection Policy,

i)                Page 136, insert at the end of paragraph 12 ‘this policy covers the whole of the area covered by Wiltshire Council’.

This report by Carla Adkins (Public Protection Officer – Licensing) details that Wiltshire Council as a unitary authority has not yet adopted the legislation set in Part VIII of the Local Government (Miscellaneous Provisions) Act 1982, which allows the Council to regulate persons carrying on acupuncture, tattooing, and skin piercing. The Council must adopt this primary legislation before it can make any associated byelaws.

Carla Adkins, Public Protection Officer, led the committee through the report on Cosmetic Piercing and skin Colouring – Adoption of Legislation and Byelaws.

Wiltshire Council as a unitary authority has not yet adopted the legislation which allows the Council to regulate persons carrying out acupuncture, tattooing, and skin piercing. 

The policy has been in use by the Northern Area Hub since 2007.

Members sought clarity on issues surrounding administrative costs and registration fees. It was confirmed that that the administrative costs to Wiltshire Council were covered by the registration fee.

It was,

Resolved:

1)    To recommend to Council that the provisions of Section 14, 15, 16 and 17 of the Local Government (Miscellaneous) Provisions Act 1982 be adopted and should come into effect on 1 July 2012.

2)    To recommend to Council that byelaws in the form of the model set out appendix (page 144 – 147 of the agenda refers).

3)    The Committee recommend to the Council that the current byelaws which had previously been adopted by the ex-district councils be revoked on the confirmation of the new model byelaws.

This report by Jo Lloyd (Public Protection Officer – Licensing North) details that Wiltshire Council (as the Licensing Authority) must authorise any public performance of a hypnotist carried out in the Wiltshire Council area.

Kate Golledge, Public Protection Manager led the committee through the report on the Hypnotism Act - Conditions.

The Hypnotism Act 1952 empowered licensing authorities for public entertainments under the Local Government (Miscellaneous Provisions) Act 1982 to attach conditions to a public entertainment licence regulating or prohibiting the giving of an exhibition, demonstration or performance of hypnotism on any person at the place for which the public entertainment licence had been granted. 

Concern over content of some performances of stage hypnotism prompted the issue of the Home Office circular No.42/1989, which proposed, revised and updated guidance for local authorities whilst exercising their licensing responsibilities.

After a short debate it was,

Resolved:

1)    To adopt the Conditions.

2)    The Licensing Committee delegate authority to the Licensing Manager to determine any future applications under the Hypnotism Act 1952 and to authorise proceedings under the Act.

Members are asked to note the future meetings of the Licensing Committee, all to commence at 10.30am:

Tuesday 8 May 2012 – Council Chamber, Browfort, Bath Road, Devizes

Monday 12 November 2012 – Council Chamber, Monkton Park, Chippenham.

The dates of the next meetings were confirmed as:

Tuesday 8 May 2012

Monday the 12 November

The Chairman informed the Committee that there would be a need to hold an additional meeting on 14 September 2012.

Members sought clarity regarding the licensing implications surrounding the Diamond Jubilee celebrations.  The Chairman informed the Committee that the Licensing team were working in conjunction with the Communications team to update the existing Communications toolkit, particularly on licensing issues, on how to hold a community event.  This will be published on the Wiltshire Council website shortly.