Agenda item

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.

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 the meaning of the Broadcasting Act 1990 (c.42)

This explanation was included in the revised Licensing Policy document.

(b)        Crib ignition - A crib is composed of wooden planks, glued together. Lint is attached to the bottom. After adding propane-diol the crib is placed on the test rig and ignited with a match. If no flaming or progressive smouldering is observed on both cover and interior material, the test is recorded as no ignition and the material passes the test.

(c)        Advice for Members in the event of non-compliance with the Licensing Policy

When members are contacted by the public regarding events they should be made aware (dependant on the nature of the complaint) that all premises licences along with hours and conditions are available for inspection via the SCDC website: http://licensing.scambs.gov.uk/protected/wca/main.jsp

Should this not supply the appropriate answer, ie is the local pub licensed to do ? or when should they close etc. Any subsequent questions should be directed to the licensing office on 01954 713132/713144 or 713204 or our e-mail address: licensing@scambs.gov.uk.

If the activity involves a noise issue the Councillor or public should be encouraged to contact the out of hours service on: 01253 501055 (this is a call centre that deals with complaints on our behalf and contacts the relevant duty officer)