Agenda and minutes

Licensing Committee - Monday 18 February 2013 10.30 am

Venue: Committee Room C - Council Offices, Monkton Park, Chippenham, SN15 1ER

Contact: Stuart Figini 

Items
No. Item

1.

Apologies

To receive any apologies.

Minutes:

There were no apologies.

 

 

Councillor Jon Hubbard filled the Liberal Democratic vacancy on the Committee for this meeting only.

2.

Minutes

To confirm the minutes of the meeting held on 14 September 2012 (copy attached).

Supporting documents:

Minutes:

The minutes for the Licensing Committee meeting held on 14 September 2012 was presented and it was,

 

Resolved:

To approve and sign the minutes of the meeting held on 14 September 2012 as a correct record.

3.

Chairman's Announcements

Minutes:

The Chairman thanked members for their support and contributions over the years at Licensing Committee meetings.  He also thanked in particular the officers for their advice, help and support during his time as Chairman.

4.

Declarations of Interest

To receive any declarations of disclosable interests or dispensations granted by the Standards Committee.

Minutes:

There were no declarations of interest.

5.

Public Participation

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 11 February 2013.

 

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.

Minutes:

There was no public participation.

6.

Minutes of the Licensing Sub-Committees

To receive the minutes of the following Licensing Sub-Committees:

Supporting documents:

Minutes:

The minutes of the Northern Area Licensing Sub-Committee meetings held on 29 November and 14 December 2012 were presented, and it was

 

Resolved:

To approve the minutes of the meetings held on 29 November and 14 December 2012.

7.

Street Collection Policy

To receive a report, by Kate Golledge, Public Protection Manager Licensing, Public Protection Services, and to consider any amendments to the Council’s current Policyinrelation to StreetCollections.

Supporting documents:

Minutes:

The Committee considered the report of the Public Protection Manager Licensing, Public Protection Services, Kate Golledge, seeking Members views about the need to review and amend the Council’s current policy in relation to Street Collections.

 

Members were reminded that the current policy was agreed by the Committee in February 2012 and implemented in April 2012.  The Chairman explained that a complaint had been received from a local branch of a national charity that they wanted more than two days permitted to collect money on the streets of the Wiltshire Council area.  It was suggested that the policy could be amended to take this issue into account and allow charities to collect for more than two days subject to the additional days being available within 28 days of the collection.

 

Members expressed some concern that the small local charities could be overlooked by the public if the national charities had additional collection days, however, it was noted that the public probably had a fair idea of the charities they would support and there would not be a notable difference in the amounts collected if there were two charitable collections on the same day.

 

Resolved:

 

That the proposed changes to the Council’s current Street Collection Policy be approved subject to the additional changes detailed below:

 

·         Paragraph 1, line 1, second word ‘must’ to be replace with ‘should’

·         Paragraph 2, line 1, add the words ‘or other exceptional circumstances’ after the word disaster

·         Paragraph 4 to read

o   Each charity can apply for two street collections per town or village per year. 

o   Each collection will last for no more than the duration on one whole day.

o   If additional days are requested the Council will accommodate this request if made within 28 days of the collection and if no other permit has been granted for the requested day or location.

o   Any additional days granted will be to a maximum of 3 days per annum.

8.

Fit and Proper Policy

To receive a report by Kate Golledge, Public Protection Manager Licensing, Public Protection Services, which informs Members of the needforamendments to the Council`s policyregardingconsideration of criminal recordsforexistingHackney Carriage drivers,Private Hire drivers and Operators.

Supporting documents:

Minutes:

The Committee considered the report of the Public Protection Manager Licensing, Public Protection Services, Kate Golledge, informing Members of the need to amend the Council’s policy regarding consideration of criminal records for existing Hackney Carriage drivers, Private Hire Drivers and Operators.

 

The Public Protection Manager explained that officers needed to consider an applicant’s criminal record and the relevance of that record when determining if the person was a ‘fit and proper’ person to hold a licence as detailed above.

 

Resolved:

That the proposed amendments to the Council’s policy on the relevance of convictions for Hackney Carriage drivers, Private Hire drivers and Operators be approved.

 

9.

Guidance to Town and Parish Councils on Making Representations

To receive a report by Kate Golledge, Public Protection Manager Licensing, Public Protection Services which informs Members of the guidance to be given to Town and Parish Councils to aid them in making representations on applications received under the Licensing Act 2003.

Supporting documents:

Minutes:

The Committee considered the report of the Public Protection Manager Licensing, Public Protection Services, Kate Golledge, informing Members about the guidance drafted by the Licensing Service to aid Town and Parish Councils on how to make representations to the Licensing Authority in connection with applications received under the Licensing Act 2003.

 

The Chairman explained the importance for the Town and Parish Councils to know when licensing applications were made and it was suggested that each time an application was received by the Licensing Service, in addition to members receiving a list of the application(s), it was also sent electronically to all the Clerks of Town and Parish Councils and Parish Meetings so that the notification coincides with the 28 day consultation period.

 

Resolved:

1.    That the proposed Guidance attached to the report be agreed

2.    That the Licensing Service be asked to include the finalised Guidance in the next Town and Parish Newsletter and add it to the Licensing guidance pages on the Wiltshire Council website

3.    That the Licensing Service be asked to send an electronic list of new Premises and variation applications made under the Licensing Act 2003, when received, to Members and all Clerks of Town and Parish Councils and Parish Meetings so that the notification coincides with the 28 day consultation period

10.

Home office Alcohol Strategy Consultation

To receive a report by Kate Golledge, Public Protection Manager Licensing, Public Protection Services informing Members on the response of the Licensing Authority to the current Home Office consultation on the measures proposed to promote the Governments Alcohol Strategy

 

The Committee is asked to approve the Licensing Committee response to the consultation.

Supporting documents:

Minutes:

The Committee considered the report of the Public Protection Manager Licensing, Public Protection Services, Kate Golledge, informing Members about the response of the Licensing Authority to the current Home Office consultation on the measures proposed to promote the Governments Alcohol Strategy.

 

The Chairman reminded the Committee that in March 2012 the Home Office had announced a range of measures in the Alcohol Strategy to radically reshape the approach to alcohol and reduce excessive drinking.  The report set out the measures and proposals.

 

Members noted that the closing date for the consultation was 6 February 2013 and the Licensing Authority’s response to the consultation was attached to the report, which included three responses from Councillors.

 

Resolved :

 

That the report and responses of the Licensing Authority to the Home Office consultation on the Alcohol Strategy be noted.

11.

Dates of Future Committee Meetings

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

 

·         28 May 2013

·         2 September 2013

·         2 December 2013

·         3 February 2014

Minutes:

Members noted the dates of future meetings of the Licensing Committee, as detailed below, all to start at 10:30am:

 

·         28 May 2013

·         2 September 2013

·         2 December 2013

·         3 February 2014

12.

Urgent Items

Any other items of business, which in the opinion of the Chairman, should be taken as a matter of urgency. Urgent items of a confidential nature may be considered under Part II of this agenda.

 

None

Minutes:

There were no urgent items