Agenda and minutes

There were no declarations of interest.

To authorise the Chairman to sign the minutes of the meeting held on 22 June 2010 as a correct record. 

The Committee authorised the Chairman to sign, as a correct record, the Minutes of the meeting held on 22 June 2010.

The Licensing Committee considered a report on the Government’s consultation document entitled rebalancing the Licensing Act. 

Noting that the consultation document was a national one, the Chairman reminded Members that their role was to examine its proposals in the context of how effectively they might apply within South Cambridgeshire.  Sections 1 to 4 reflected Government Policy over which local authorities had no control.  The Committee’s task was to consider the 29 specific questions posed in the subsequent sections, and inform the Licensing Officer’s response, which had to reach the Government by 8 September 2010.

Question 1 – What do you think the impact would be of making relevant licensing authorities responsible authorities?

Members favoured the idea of South Cambridgeshire District Council being designated a responsible Authority as this would enable it to be more proactive when dealing with complaints and applications. It would be important though to impose limits by empowering other government bodies to amend or rescind the actions of a responsible Authority, where appropriate.

Question 2 – What impact do you think reducing the burden of proof on licensing authorities will have?

Members favoured a reduction in the burden of proof but noted that, while such a reduction would lead to an overall improvement, it could result in a heavier workload for licensing officers and licensing committees should there be a consequent increase in licensing hearings, reviews and appeals.

Question 3 – Do you have any suggestions about how the licence application process could be amended to ensure that applicants consider the impact of their licence application on the local area?

Members agreed that applicants for licences should be required to complete a radically redesigned application form in full.   Such form should include a section seeking information that would enable the Licensing Authority to assess an event’s likely impact on the local environment and on the amenity of local residents.  Parish Councils should be invited to make representations as consultees.

Question 4 - What would be the effect of requiring licensing authorities to accept all representations, notices and recommendations from the police unless there is clear evidence that these are not relevant?

Members considered that the current powers afforded to the Police were sufficient and that the only changes perhaps desirable, possibly through Government Guidance, might be that representations by the Police be considered carefully by the Licensing Authority rather than being arbitrarily accepted by it.  The Senior Lawyer informed Members that Case law existed indicating that it was unlawful to seek to defer power to the Police (or any other authority) over other responsible authorities and case law exists stating that this is unlawful.

Question 5 – How can licensing authorities encourage greater community and local resident involvement?

Members considered that it was essential to involve parish and town councils (or equivalent) as a means of engaging local communities.   If there was no recognisable elected body, such engagement could be with a parish meeting.  Members encouraged central Government to make more effective use of Information Technology as  ...  view the full minutes text for item 7.