STATUTORY LICENSING COMMITTEE
Minutes of a meeting held on 2nd February, 2016.
Present: Councillor A.G. Powell (Chairman); Councillor H.C. Hamilton (Vice-Chairman); Councillors G.A. Cox, E. Hacker, Mrs. A. Moore, Mrs. A.J. Preston, J.W. Thomas, R.P. Thomas and Mrs. M.R. Wilkinson.
805 APOLOGIES FOR ABSENCE -
These were received from Councillors P. Clarke, Mrs. P. Drake, C.P.J. Elmore and K. Hatton.
806 MINUTES -
RESOLVED - T H A T the minutes of the meeting held on 1st December, 2015 be approved as a correct record.
807 DECLARATIONS OF INTEREST -
No declarations were received.
808 LICENSING ACT 2003 AND GAMBLING ACT 2005 DELEGATION OF FUNCTIONS (DEH) -
The Committee considered a report, which sought approval to establish Statutory Licensing Sub-Committees and set out proposed arrangements for the authorisation of officers under the Licensing Act 2003 and Gambling Act 2005.
Following a review of the Council’s Constitution approved by full Council in September 2015, the Monitoring Officer, in consultation with Group Leaders, reviewed the Council’s Licensing Committee arrangements. After completion of this review, on 16th December 2015 Council resolved:
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".
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.
In addition, as a result of the establishment of the Shared Regulatory Service, there was a need to update and consolidate officer authorisations and delegations.
Section 9 of the Licensing Act 2003 provided that a Licensing Committee may establish one or more Sub-Committees consisting of three members of the Committee. The Statutory Licensing Committee could therefore exercise those powers.
Section 10 of the Licensing Act 2003 allowed 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.
The delegation of functions for the Gambling Act 2005 was delegated to the Licensing Committee established for the purposes of the Licensing Act 2003.
The legislation sets out those circumstances where decisions may not be undertaken by officers and these were generally where representations or objections had been made in respect of personal or premises licence applications. In those circumstances an application may be determined by a Sub-Committee.
Members were informed as to the current process for calling a Sub-Committee as follows:
The Chairman be contacted to advise of the upcoming Licensing Sub-Committee and asked whether they would be able to sit as one of the Sub-Committee Members.
If the Chairman was unable to attend on the agreed date, three Licensing Committee Members would then be contacted (two Members if the Chairman was available) where possible from different political groups, but avoiding those who were Ward Members, where the premises was located. It was proposed that the current arrangements continued.
In the interests of effective performance it was 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.
It was 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).
Following consideration of the report, Committee
(1) T H A T the process for the formation of Sub-Committees to determine relevant licensing applications, as set above be approved.
(2) T H A T the arrangements for authorisation of officers as set out above be approved.
Reason for decisions
(1&2) To enable the effective discharge of licensing functions allocated to the Vale of Glamorgan Licensing Authority.