Agenda and minutes

Licensing Committee - Monday, 26 June 2006 10.00 a.m.

Venue: Swansley Room A, Ground Floor. View directions

Contact: Maggie Jennings  01954 713029

Items
No. Item

1.

ELECTION OF CHAIRMAN

To elect a Chairman for the coming year. 

Minutes:

On the proposal of Councillor Mrs CAED Murfitt, seconded by Councillor Mrs HF Kember, and there being no other nominations, it was unanimously

 

AGREED that Councillor RE Barrett be elected Chairman of the Committee for the coming year.

2.

APPOINTMENT OF VICE-CHAIRMAN

To appoint a Vice-Chairman for the coming year. 

Minutes:

On the proposal of Councillor Mrs A Elsby, seconded by Councillor Mrs HF Kember, and there being no other nominations, it was unanimously

 

AGREED that Councillor R Hall be elected Vice-Chairman of the Committee for the coming year.

 

3.

APOLOGIES FOR ABSENCE

Minutes:

An apology for absence was received from Councillor Mrs HM Smith. 

4.

DECLARATIONS OF INTEREST

Minutes:

None. 

5.

MINUTES OF LAST MEETING pdf icon PDF 72 KB

To confirm the minutes of the last meeting held on 23 February 2006 as presented to Council on 23 March 2006. 

Minutes:

The Minutes of the meeting held on 23 February 2006 were agreed as a correct record. 

 

Councillor Mrs CAED Murfitt referred to advice given at the meeting held on the 23 February regarding resources in respect of hearings relating to the 2003 Licensing Act. It was confirmed that resources would be allocated from the Revenue Support Grant; notification of the actual amount to be allocated was awaited.

6.

GAMBLING ACT POLICY - DRAFT pdf icon PDF 99 KB

Additional documents:

Minutes:

Members considered the draft Gambling Act 2005 policy and the following queries were raised:

 

  • The definition of the different gambling machines
  • Would village halls require a licence to hold bingo sessions
  • Would community rooms in Sheltered Housing accommodation be affected if holding bingo sessions
  • Negative elements in the policy, eg does not indicate that the Council will help or support an applicant
  • Nothing in the policy to say the Council will help applicants
  • Would each operator of point-to-point races require a licence
  • Re Travelling Fairs, do category D machines only apply in this instance
  • Why is there no regard to the licensing objectives when deciding on an application
  • Guests at gaming clubs are not presently allowed to play the machines, will this change
  • Is there an appeal process if a licence is refused

 

The responses given were as follows:

 

  • The prize money available is banded with prizes ranging from £10 to an unlimited amount
  • Not unless the prize money exceeded £2,000
  • No and raffles are subject to different legislation
  • The policy was based on a draft issued by LACORS
  • Applicants have to first apply to apply to the Gambling Commission to say how they will promote certain areas before applying to the Council; the Council will assume that criteria has been met
  • An occasional use per event which covers 96 hours would be required
  • The remainder of categories are for temporary use. That paragraph may alter when the regulations come in. An annex will be attached to the policy when it is known what the regulations are
  • Is included in the Act
  • Not yet known. MB to ascertain
  • Yes, to the Magistrates Court

 

Other points raised were noted as follows:

 

  • The Licensing Officer was awaiting a comprehensive list of Faith Groups for consultation purposes
  • Members felt there should be representation by the Police at hearings; their attendance would be requested
  • Concern was expressed that the Children’s Services would be unable to cope with consultation requests. Once a designated person from Children’s Services had been appointed, he/she would be invited to attend the Council’s training session
  • Major bookmakers were preparing their own in-house rules regarding the Act; there was concern that there may be variations across the country
  • Account should be taken at hearings concerning how near the gambling premises were to schools
  • Endeavours would be made by the officers to reach an agreement with applicants to try to avoid a hearing

 

In answer to a query whether there would be a large number of applications received as a result of the Act, Members were informed that the main area for applications would be for temporary use notices, eg race nights at village halls. An estimated 50 applications might be received by this authority, compared with the 460 applications received under the 2003 Act.

 

Having considered the draft policy, the following amendments were made:

 

  • Delete will especially at 15.1 on page 16
  • Substitute the word gambling for gaming at 3.4, 4th bullet point on page 21
  • Where South Cambridgeshire District  ...  view the full minutes text for item 6.

7.

SUB-COMMITTEE STRUCTURE FOR DETERMINING LICENSING HEARINGS UNDER THE LICENSING ACT 2003

To agree six Chairmen for the purpose of Licensing Act and Gambling Act hearings: the remaining members of the Committee, with the exception of the Chairman and Vice-Chairman of the Licensing Committee, will make up the number required for a Sub-Committee hearing.  The composition of all sub-committees will require subsequent approval by the Licensing Committee. No Member will be appointed to attend a hearing until the requisite training has been completed.

Minutes:

The Licensing Committee AGREED to appoint the following Members to Chair hearings under the Licensing Act 2003:

 

Councillors            Mrs A Elsby

                        R Hall

                        Mrs SA Hatton

                        Mrs HF Kember

                        Mrs CAED Murfitt

                        A Riley

 

Four substitutes were also appointed, these were:

 

Councillors            EW Bullman

                        RB Martlew

                        RM Matthews

                        Mrs DSK Spink

 

It was noted that in-house training would be arranged for the appointed Chairmen.

8.

ADVICE ON MEMBER TRAINING

Minutes:

Licensing Act 2003

 

Training in respect of hearings under the Licensing Act 2003 was required for those members new to the Licensing Committee. Councillors Mrs PM Bear, RB Martlew and Mrs DSK Spink were able to attend a training course due to be held on 28 July in Bury St Edmunds; the Licensing Committee AGREED that those Councillors should attend.

 

Gambling Act 2005

 

It was noted that the Licensing Officer would arrange training for all members of the Licensing Committee during the latter part of the year.

9.

Decision by the Environmental Health Portfolio Holder

Minutes:

Following a recommendation from the Licensing Committee, the Environmental Health Portfolio Holder

 

APPROVED            the draft Gambling Act Licensing Policy for consultation purposes.