Agenda, decisions and minutes

Licensing Committee - Tuesday, 22 June 2010 10.00 a.m.

Venue: Council Chamber - South Cambs Hall. View directions

Contact: Maggie Jennings  03450 450 500

Items
No. Item

1.

Declarations of Interest

Minutes:

None 

2.

Minutes of Previous Meeting pdf icon PDF 78 KB

That the Chairman be authorised to sign the minutes of the meetings held on 23 October 2009 and 27 May 2010.

Additional documents:

Minutes:

The minutes of the meetings held on 23 October 2009 and 27 May 2010 were agreed as a correct record.

3.

Review of Licensing (2003 Act) Policy pdf icon PDF 124 KB

Additional documents:

Decision:

The Licensing Committee RECOMMENDS to the Leader of the Council, the draft Licensing Policy, as amended at the meeting, in order to commence the consultation process.

 

Reason for Decision

 

Failure to adopt a revised policy will result in the Council failing in its statutory duties under the Licensing Act 2003.

Minutes:

Prior to consideration of this item, the Licensing Officer circulated copies of a replacement for paragraph 12.10 and Annex D of the Licensing Policy. He also confirmed that underscoring of the text within the Draft Policy identified the recommended changes.

 

The Chairman announced that since publication of the agenda she had read the draft policy with the Licensing Officer and identified grammar and typographical errors. These changes would be included in the copy of the policy that would be recommended to the Leader, together with any amendments requested at the meeting.

 

As a result of consideration of the draft policy document, the following amendments were made:

 

·         Para 2.6                delete is recognised as a question of fact and

·         Para 3.1                substitute recognises for will consider

·         Para 5.5                Replace last sentence with For example, a Public House may

open early morning for deliveries, maintenance etc but not to conduct a licensable activity such as the sale or supply of alcohol

·         Para 12.7              Amend to read …`minor’ error. The interpretation of what is an

obvious or minor factual error shall rest with ….

·         Para 12.8              Replace with `Pre-application dialogue between stakeholders

is encouraged in order to address potential problems and avoid unnecessary hearings and appeals’

·         Para 12.10                        Add to the existing text: `Applicants should be aware that a

minor variation cannot be used to extend the hours for sale or supply of alcohol as defined in the legislation; furthermore it is the view of the Licensing Authority that the minor variation process should not generally be used for the increase in hours of live or recorded music’

·         Para 14.1              Replace need to apply for building control with need to comply

with building control or planning legislation

·         Para 16.1            Amend three months in advance to nine months in advance

 

·         Annex A, para 2.7                        add such as cans, bottles or glasses after `open

containers’

·         Annex A, para 3.7(c)(i)            add the application of after `where consideration for’

·         Annex A, para 5.2(g)(iii)            add is present after the words `first-aider’

·         Annex C                Penultimate column – add to after `relevant authority’

·         Annex D                Replace entire Annex with the wording as tabled at the

meeting

 

Members also requested an explanation of the following terms:

 

(a)               Film exhibitions (para 1.5 refers)

(b)               Crib ignition (Annex A, para 5.2 (d) (ii) refers)

 

and that the Licensing Officer consider a course of action that Members and the public could follow when non-compliance of the Policy occurred.

 

Action: Licensing Officer


The Licensing Committee RECOMMENDS to the Leader of the Council, the draft Licensing Policy, as amended above, in order to commence the consultation process.

 

Post meeting notes:

 

(a)        An exhibition of a film means any exhibition of moving pictures subject to the following exemptions:

 

·         Demonstrate any product

·         Advertise any goods or services

·         Provide information, education or instruction. Or.

·         Consists or forms part of an exhibit put on show for any purpose of a museum or art gallery

·         Consists of the simultaneous reception and playing of a programme included in a programme service within  ...  view the full minutes text for item 3.

4.

BARRINGTON - Street Trading Consent - Resolution pdf icon PDF 139 KB

Decision:

The Licensing Committee AGREED to the request by Barrington Parish Council for all streets in the village to be designated as Consent Streets.

 

Reason for Decision

 

Approving the application for Consent Street Status allows the District Council to control street trading for the village of Barrington.

Minutes:

At its meeting on 13 July 2009, the Committee agreed to a request by Barrington Parish Council that all streets in the Parish be designated as Consent Streets. A Notice of Intention was advertised in the local press and no objections were received. The Licensing Officer stated that the Parish Council had subsequently confirmed its intention to proceed with the application. A further Notice would be advertised in the Cambridge Evening News for two consecutive weeks, with Consent Street Status taking effect from 22 July 2010.

 

The Licensing Committee,

 

RESOLVED to designate all streets within the village envelope of Barrington as Consent Streets under the terms of the Local Government (Miscellaneous Provisions) Act 1982.