Agenda and minutes

To receive any apologies.

Apologies were received from Councillors Richard Beattie, Peggy Dow and Bill Moss.

Councillor Trevor Carbin replaced Councillor Peggy Dow for this meeting only.

To confirm the minutes of the meetings held on 6 February 2012 and 6 June 2012 (copies attached).

The minutes from the Licensing Committee meetings held on 6 February 2012 and 6 June 2012 were presented and it was,

Resolved:

To approve and sign the minutes of the meetings held on 6 February 2012 and 6 June 2012 as a correct record.

a)    Street Trading Consent Scheme

The Chairman reported on the latest position regarding the Council’s Street Trade Consent Scheme.  He mentioned that 30 full applications for Street Trade Consent had been received across the Council’s area, with 14 applications being granted by officers under delegated authority and 5 being refused.

Concerns about (i) the Scheme fee levels had been expressed by the trade and (ii) the consultation process by some Town Councils.

The Scheme would be reviewed 12 months after coming into operation with any necessary amendments being incorporated in light of the concerns being raised.

b)   Drink Banning Orders

The Chairmen informed the Committee that the Drink Banning Orders were now a tool being used by the Police in partnership with the Council to control the night time economy.  Further information about the Drink Banning Orders is attached to these minutes.

c)    Government Alcohol Strategy

The Chairman referred to a document that outlined the Government’s direction concerning their Alcohol Strategy.  The document outlined a number of challenges that the industry faced and the impact that irresponsible promotions had on the sale of alcohol.

The document encouraged Members of the Licensing Committee to engage fully in the forthcoming consultation concerning the Governments proposed changes in policy and subsequent legislation.

d)   Parish and Town Council’s Involvement in Consultations

The Chairman reported that Parish and Town Councils had raised some concerns about how they were involved in consultations and Licensing Hearings.

The Committee were informed that guidance notes were being produced by officers to help the Parish and Town Councils engage in consultations more fully.  It was noted that the guidance notes would be available for the next meeting of the Committee.

Members were asked to contact Public Protection with suggestions of Parish and Town Councils who could trial the guidance notes before they were circulated more widely.

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 7 September  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 20.3.12, 11.4.12, 10.5.12, 25.5.12, 30.5.12, 25.6.12, 27.7.12, 3.7.12, 7.8.12 and 23.8.12 were presented, and it was

Resolved:

To approve the minutes of the meetings held between the 20.3.12 and

23.8.12.

This report, by Kate Golledge, Public Protection Manager Licensing, Public Protection Services, informs Members of the Licensing Committee of forthcoming changes to legislation brought into being by the Police Reform and Social Responsibility Act 2011. 

It informs members of the Licensing Committee of important changes and the availability of two new tools in the licensing suite of controls namely Early Morning Restriction Orders and Late Night Levies which are designed to give local people a greater influence over the type and number of licensed premise in their communities. 

The Committee considered a report by Kate Golledge, Public Protection Manager Licensing, Public Protection Services, which informed Members of forthcoming changes to legislation brought into being by the Police Reform and Social Responsibility Act 2011.

The report detailed important changes and the availability of two new tools in the licensing suite of controls namely Early Morning Restriction Orders and Late Night Levies which were designed to give local people a greater influence over the type and number of licensed premise in their communities.

The Chairman referred to a letter, a copy of which was previously circulated to Members that he had received from the Deputy Chief Constable expressing the views of the Wiltshire Police.

Members were assured that Officers would seek advice from the Communications team about the most appropriate process and methods to use for the consultation.

Resolved:

a)    That the report be noted

b)    That a full consultation be undertaken with all interested parties commencing on the 31 October 2012 regarding the making of Early Morning Restriction Orders and the introduction of Late Night Levies and thereafter its implementation in line with the responses to that consultation.

This report by Kate Golledge, Public Protection Manager,Licensing, Public Protection Services, provides a position statement on the review the statement of licensing policy following its approval by Wiltshire Council on 1 December 2009

It informs members of the Licensing Committee of relevant changes that have occurred in the years since the policy was approved and suggests a way forward.

The Committee considered a report by Kate Golledge, Public Protection Manager Licensing, Public Protection Services, which provided a position statement on the review of the statement of licensing policy following its approval by the Council on 1 December 2009.

The report informed Members of the relevant changes that had occurred in the years since the policy was approved and sought Members views on how to move forward.  Two options were suggested:

i)             Review the policy now

ii)            keep the existing policy until the introduction of Late Night Levies and Early Morning Restriction Orders 

Members raised the possibility of including a fifth licensing objective relating to the effect of additional licensed premises on the local community.  Kate Golledge reported that the four licensing objectives were set by legislation and that those could not be altered or added to.  However, the Council could consider adopting a policy on Cumulative Impact Zones in its Statement of Licensing Policy and that this could be included in the consultations being undertaken at Minute 28 above.

Resolved:

a)    That the report on the latest position on the Review of the Statement of Licensing Policy be noted

b)   That the existing Statement of Licensing Policy, as approved by Council on 1 December 2009 continues to be used, but that a full review be carried out during 2013

c)    That the possible inclusion of Cumulative Impact Zones in the Council’s Statement of Licensing Policy be included in any consultations undertaken

This report by Kate Golledge, Public Protection Manager, Licensing, Public Protection Services, informs Members on the internal arrangements of the licensing service to ensure that the Licensing Authority has the correct structure in place to carry out its new function as a Responsible Authority.

It informsmembers of the Licensing Committee of relevant changes put in place further to the approval of Council on the 10^th July 2012 of the change in the scheme of delegation specific to the Licensing Committee.

The Committee considered the report by Kate Golledge, Public Protection Manager Licensing, Public Protection Services, informing Members about the internal arrangements of the licensing service to ensure that the Licensing Authority had the correct structure in place to carry out its new function as a Responsible Authority.

The Public Protection Manager referred to the Police Reform and Social Responsibility Act 2011 which added Licensing Authorities to the list of Responsible Authorities under the Licensing Act 2003.  The change would ensure that Licensing Authorities were better able to respond quickly to the concerns of local residents and businesses by taking actions they consider appropriate to tackle irresponsible premises without having to wait for representations from other Responsible Authorities.

Members expressed their concern about public perception in relation to the arrangements and in particular questioned how the officers would deal with the separation of responsibilities between acting as an advisor to a Sub-Committee and being a Responsible Authority bringing a case to a Sub-Committee.  The Public Protection Manager reassured the Committee that the Council had a large enough licensing service to allocate the functions to officers to ensure procedural fairness and avoid a conflict of interest.  It was also confirmed that the officer acting for the Responsible Authority would not be involved in the licensing decision process and would not discuss the merits of the case with those involved in making the determination by the Licensing Authority.

It was suggested that Officers from other Licensing Teams could take on the role of the Responsible Authority where hearings were considered for other Licensing Team areas, for example a hearing in the Western Area – West and North Team officer would present the case at the hearing and a South and East team officer act as the Responsible Authority at the hearing and would sit with other attendees not with other officers.  However, Officers felt that the proposed arrangements were robust enough and would be effective in separating the officer roles as described above, but that officers would monitor the situation and report to a future meeting on any changes to the arrangements if necessary.

Resolved:

a)    That the report be noted

b)   That the proposed arrangements for service structure and responsibilities within the Licensing Service as detailed in the report be agreed 

Members are asked to note that the next meeting of the Licensing Committee, will be on Monday 12 November 2012 – Council Chamber, Monkton Park, Chippenham commencing at 10.30am.