Licensing Committee – 9 March 2010
Chair: Councillor Barkworth
Venue: Function Room 1, Pittwood House, Ashby Road, Scunthorpe
- Declarations of Personal or Personal and Prejudicial Interests or Significant Contact with Applicants, Objectors or Third Parties (lobbying) if any
- To take the minutes of the meeting of this committee held on 10 November 2009, as a correct record and authorise the Chair to sign
- Sub-Committee Proceedings – To receive and where necessary confirm the minutes of the meeting of the Licensing (Miscellaneous) Sub-Committee held on the 3 December 2009 and 28 January 2010
- Sub-Committee Proceedings – To receive and where necessary confirm the minutes of the meeting of the Licensing (Activities) Sub-Committee held on 16 December and 22 December 2009
- Proposed Licence, Permit and Consent Fees and Charges for 2010-2011 – Report of the Service Director Neighbourhood and Environment
- Licensing Act 2003 Review of Licensing Policy – Report of the Service Director Neighbourhood and Environment
- Local Government (Miscellaneous Provisions) Act 1982 – Street Trading and Collections Policy – Report of the Service Director Neighbourhood and Environment
- Notes from the Working Groups
- Appeals Submitted to the Magistrates Court
- Any other items which the Chair decides are urgent by reason of special circumstances which must be specified.
PRESENT: Councillor Barkworth in the chair.
Councillors Ali, Mrs Bromby, Clark, Eckhardt, Ellerby, L Foster, Glover, Jawaid MBE, O’Sullivan, Poole, Smith, Swift, K Vickers and Wells.
The committee met at Pittwood House, Scunthorpe.
841 DECLARATIONS OF PERSONAL OR PERSONAL AND PREJUDICIAL INTERESTS AND SIGNIFICANT CONTACT WITH APPLICANTS, OBJECTORS OR THIRD PARTIES (LOBBYING) – The following members declared personal interests –
Nature of Interest
|Councillor Ali||845||License Holder|
|Councillor Jawaid||845||Family Member is a Licence Holder|
842 MINUTES – Resolved – That the minutes of the proceedings of this committee held on 10 November 2009, having been printed and circulated amongst the members, be taken as read and correctly recorded and signed by the chair.
843 SUB-COMMITTEE PROCEEDINGS – Resolved – That the minutes of the meeting of the Licensing (Miscellaneous) Sub-Committee held on 3 December 2009 and 28 January 2010 be received.
844 SUB-COMMITTEE PROCEEDINGS – Resolved – That the minutes of the meeting of the Licensing (Activities) Sub-Committee held on 16 and 22 December 2009 be received.
845 (34) PROPOSED LICENCE, PERMIT AND CONSENT FEES AND CHARGES FOR 2010-2011 – The Service Director Neighbourhood and Environment submitted a report which outlined the proposed fees and charges for Licenses, Consents and Permits for 2010/2011.
The Licensing Division provided a statutory function, licensing, permitting and consenting to a number of activities where businesses were required to hold the same as a legal requirement.
The Licensing Committee had delegated authority to set some of the fees, while others were set by statute.There was a requirement to review the licence, permit and consent fees and charges annually.
In determining the appropriate increase in fees, a balance had to be struck between placing an undue burden on the licensed trade (and their customers) and recovering the fees to cover the council’s cost in delivering the service and enforcement costs.
The Service Director explained that for the year 2010-2011 the proposed fees were based on an average increase of 2.5 per cent, whilst the fees under the Gambling Act 2005 had been increased from 75 per cent of the maximum fee to 77.5 per cent.
Members engaged in discussions about the fees and also the new addition of street trading in Scunthorpe pedestrian area.
Resolved – That the fees and charges appended to the report be approved.
846 (35) LICENSING ACT 2003 REVIEW OF LICENSING POLICY – The Service Director Neighbourhood and Environment submitted a report and explained that in accordance with Section 5 of the Licensing Act 2003, there was a requirement for the policy to be reviewed every three years. A copy of the current Licensing Policy was appended to the report.
The committee was advised that the revised policy would be agreed by Council in January 2011. The Service Director Neighbourhood and Environment asked that the committee approve the start of the consultation and also acknowledge that this would be reviewed in conjunction with the Cumulative Impact Policy.
It was recommended that once the consultation had been completed, the revised policy be presented to the Licensing Committee for approval, prior to being presented tocouncil for approval.
Resolved – (a) That the Licensing Policy be reviewed in accordance with statutory requirements, (b) that the committee approve the start of the consultation process, and (c) that the revised Licensing Policy be endorsed by the Licensing Committee prior to being presented to council for approval.
847 (36) LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982 – Street Trading and Collections Policy – The Service Director Neighbourhood and Environment submitted a report and referred Members to the draft policy that had been circulated.
It was explained that Street Trading was controlled in accordance with the provisions contained in Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982.The current policy had been approved by this Committee in February 2006, and it was considered to be prudent that as with other Licensing Policies that a review be undertaken every three years.
The Licensing Division had been approached by the Town Centre Management Team, who had requested a review and relaxation of certain details contained within the policy, specifically to consider allowing street trading in designated areas of Scunthorpe High Street.
Members engaged in discussions over the consultation and also discussions at relevant working groups.
Resolved – That the reviewed policy be endorsed and submitted to council for approval.
848 APPEALS SUBMITTED TO THE MAGISTRATES COURT – The Service Director Legal and Democratic informed the meeting that a decisions of the council’s Licensing (Miscellaneous) Sub-Committee had been appealed to the Magistrates Court.
Mr Zafran Raja had taken the decision to appeal, but once proceedings had been put in place he had subsequently withdrawn his application due to the length of the legal process.
Resolved – That the position be noted.