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Agenda Item No 4

The Vale of Glamorgan Council

 

Statutory Licensing Committee: 2nd February 2016

 

Report of the Director of Environment and Housing

 

Licensing Act 2003 and Gambling Act 2005 Delegation of Functions

 

Purpose of the Report

  1. To seek approval from the Committee to establish Statutory Licensing Sub-Committees and to set out proposed arrangements for the authorisation of officers under the Licensing Act 2003 and Gambling Act 2005.

Recommendations

  1. To approve the formation of sub-committees to determine relevant licensing applications as set out in paragraphs 14 and 15 below.
  2. To approve the arrangements for authorisation of officers as set out in paragraphs 17 and 18 below.

Reason for the Recommendations

1&2    To enable the effective discharge of licensing functions allocated to the Vale of Glamorgan licensing authority.

Background

  1. In approving a revised Council Constitution on 28th September, 2015, Council further resolved that the Monitoring Officer be authorised to undertake a review of the Licensing Committee arrangements operating within the Council, in consultation with Group Leaders. The review addressed the issue of whether the Council should have two distinct Licensing Committees as follows:
  2. A "Statutory" Licensing Committee which is responsible for all matters regulated by the Licensing Act 2003 and the Gambling Act 2005.
  3. A "Public Protection Licensing Committee" to discharge those licensing activities which are not governed by the 2003 or 2005 Acts including applications for Hackney Carriages, Private Hire Vehicles, Street Trading Licences and other matters of a licensing nature.
  1. Having considered the response, Council on 16th December 2015 resolved;
  2. T H A T the Council's existing Licensing Committee arrangements be replaced by the setting up of two Licensing Committees, i.e. a "Statutory Licensing Committee" and a "Public Protection Licensing Committee".
  3. T H A T the Terms of Reference of the two Committees be as set out in Appendix A to the report and both Committees comprise the same existing Licensing Committee members.
  4. In addition, as a result of the establishment of the Shared Regulatory Service, there is a need to update and consolidate officer authorisations and delegations.

Relevant Issues and Options

Delegation of functions to Sub Committees

  1. Section 9 of the Licensing Act 2003 provides that a licensing committee may establish one or more sub-committees consisting of three members of the committee. This Statutory Licensing Committee may therefore exercise those powers.
  2. Section 10 of the Licensing Act 2003 allows for the sub-delegation of functions by a licensing committee to a sub-committee established by it, or subject to certain restrictions, to an officer of the licensing authority.
  3. The delegation of functions for the Gambling Act 2005 are delegated to the Licensing Committee established for the purposes of the Licensing Act 2003.
  4. The legislation sets out those circumstances where decisions may not be undertaken by officers and these are generally where representations or objections have been made in respect of personal or premises licence applications. In those circumstances an application may be determined by a sub-committee.
  5. The current process for calling a sub-committee of three members is as follows:
  6. The Chairman is contacted to advise of the upcoming Licensing Sub-Committee and asked whether they are able to sit as one of the Sub-Committee Members.
  7. If the Chairman is unable to attend on the agreed date, three Licensing Committee Members are then contacted (two Members if the Chairman is available) where possible from different political groups, but avoiding those who are Ward Members, where the premises is located.
  8. It is proposed that the current arrangements continue.

Authorisation of Officers

  1. In the interests of effective performance it is proposed to delegate the responsibility for authorising officers to administer the requirements of the Licensing Act 2003 and Gambling Act 2005 and the instituting of legal proceedings under those Acts to the Director of Environment and Housing and to the Head of Shared Regulatory Services
  2. It is proposed that, where appropriate, the aforementioned officers be authorised to approve and refuse Temporary Event Notices; to issue, refuse, suspend licences, registrations, certificates, permits and notices, to institute legal proceedings, to implement the relevant provisions in respect of offences, reviews or other requirements; pursuant to any of the rules, regulations and/or Orders made under the Licensing Act 2003 and Gambling Act 2005 (as amended).

Resource Implications (Financial and Employment)

  1. None

Sustainability and Climate Change Implications

  1. None

Legal Implications (to Include Human Rights Implications)

  1. The Council must administer its licensing function in accordance with statutory requirements and the formulation of two distinct committees and associated delegations to officers is required

Crime and Disorder Implications

  1. Under Section 17 of the Crime and Disorder Act 1998 the Council has a statutory duty to consider crime, disorder and antisocial implications whilst regulating licensing activities. There are no crime and disorder implications arising from this report.

Equal Opportunities Implications (to include Welsh Language issues)

  1. The Council is obliged to apply its licensing conditions on an equitable basis in the case of all applications.

Corporate/Service Objectives

  1. To protect the health and safety of the community by ensuring businesses meet legislative requirements, controlling infectious diseases, encouraging responsible dog ownership, controlling pests and regulating animal health and welfare. To maintain a fair and equitable trading environment.

Policy Framework and Budget

  1. This is a matter for decision for the Statutory Licensing Committee.

Consultation (including Ward Member Consultation)

  1. None

Relevant Scrutiny Committee

  1. Housing and Public Protection

Background Papers

  1. Council Constitution - Terms of Reference of Statutory Licensing Committee

Contact Officer

Will Lane

Operational Manager Neighbourhood Services

Shared Regulatory Services

Officers Consulted

Richard Price, Lawyer, Legal Services 01446 709409

Responsible Officer:

Miles Punter - Director of Environment and Housing