Licensing (Activities) Sub-Committee – 31 October 2012
Time 10 am
2. Declarations of Disclosable Pecuniary Interests, Personal or Personal and Prejudicial Interests or Significant Contact with Applicants, Objectors or Third Parties (lobbying) if any.
3. To take the minutes of the meeting of this committee held on 20 September 2012 as a correct record and authorise the Chairman to sign.
4. Sub-Committee Proceedings – To receive and where necessary confirm the minutes of the meetings of the following sub-committees –
(i) Licensing (Miscellaneous) Sub-Committee held on 1 November 2012 and 10 January, 2013.
(ii) Licensing (Activities) Sub-Committee held on 14,24 and 25 September, 15 and 31 October, and 22 November 2012.
5. Legal Aid, Sentencing and Punishment of Offenders Act 2012 and Scrap Metal Dealers Bill.
6. Live Music 2012 and The Licensing Act 2003.
7. Early Morning Restriction Orders (Licensing Act 2003).
8. Any other items which the Chairman decides are urgent by reason of special circumstances which must be specified.
Note: Reports are by Director of Places unless otherwise stated.
PRESENT: Councillor K Vickers in the chair.
Councillors P Vickers (vice-chairman), Armitage, Carlile, Clark, Eckhardt Ellerby, T Foster, Glover, Grant, Jawaid MBE, Oldfield, Robinson, Wells and Whiteley.
The committee met at the Civic Centre, Scunthorpe.
1066 DECLARATIONS OF DISCLOSABLE PECUNIARY INTERESTS, PERSONAL OR PERSONAL AND PREJUDICIAL INTERESTS AND SIGNIFICANT CONTACT WITH APPLICANTS, OBJECTORS OR THIRD PARTIES (LOBBYING) – The following members declared a personal interest –
Nature of Interest
|Councillor Armitage||Licence Holder|
|Councillor Jawaid MBE||Member of family is a Taxi Licence holder|
|Councillor Oldfield||Licence holder|
|Councillor T Foster||Member of Messingham Show Committee|
1067 MINUTES – Resolved – That the minutes of the proceedings of this committee held on 20 September 2012 having been printed and circulated amongst the members, be taken as read and correctly recorded and signed by the chairman.
1068 SUB-COMMITTEE PROCEEDINGS – Resolved – That the minutes of the meeting of the Licensing (Miscellaneous) Sub-Committee held on 1 November 2012 and 10 January 2013 be received.
1069 SUB-COMMITTEE PROCEEDINGS – Resolved – That the minutes of the meetings of the Licensing (Activities) Sub-Committee held on 14, 24 and 25 September, 15 and 31 October and 22 November 2012 be received.
1070 (32) LEGAL AID, SENTENCING AND PUNISHMENT OF OFFENDERS ACT 2012 AND SCRAP METAL DEALERS BILL – The Director of Places submitted a report informing the committee of changes for scrap metal dealers brought about by the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and highlighted potential forthcoming changes under the Scrap Metal Dealers Bill.
The report stated that in accordance with the provisions of the Scrap Metal Dealers Act 1964, businesses and people who were dealing with scrap metal must be registered with their local council. Section 146 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 had subsequently brought in a number of changes to the Scrap Metal Dealers Registration scheme from 3 December 2012. The new Act also made it an offence for scrap metal dealers to by scrap metal for cash, and could be fined up to £5000 if convicted of doing so. Scrap metal dealers were now required to pay either by cheque or via an electronic transfer of funds.
The Director in his report explained that in accordance with the guidance issued by the Home Office in October 2012, the provisions of the 2012 Act related to any business who bought or sold scrap metal. Such businesses would be required to pay by the means identified above with the exception of itinerant collectors. Itinerant collectors were defined in section 9 of the Act, as “a person who regularly engaged in collecting waste materials, and old, broken, worn out or defaced articles, by means of visits from house to house”.
In order to qualify for the exemption, an itinerant trader must be registered and must have obtained a separate order under section 3(1) of the 1964 Act. Before granting the order under section 3(1) the council must first consult Humberside Police. Itinerant traders would still need to be registered otherwise they would commit an offence.
In addition, the report stated that further to the changes referred to above, there was an additional Scrap Metal Dealers Bill progressing through Parliament. The proposed legislation suggested changes to the scheme from a registration to a licence. Businesses would be required to pay a licence fee and the council would be able to attach conditions where necessary.
Resolved – (a) That the report be noted, and (b) that a further report be submitted to a future meeting in line with option 1 at paragraph 4.1 of the report, as soon as the Scrap Metal Dealers Bill receives Royal Assent.
1071 (33) LIVE MUSIC 2012 AND THE LICENSING ACT 2003 – The Director of Places submitted a report informing the committee of the provisions contained in the Live Music Act 2012, and how the Act impacted upon the Licensing Act 2003
The report explained that the Licensing Act 2003 stated that the sale or supply of alcohol, regulated entertainment and the provision of late night refreshment was licensable and that persons wishing to perform these functions must hold the appropriate authorisation otherwise they would commit an offence under the Act. Originally under the Act, regulated entertainment was deemed to be carried out if the following activities were performed in front of an audience:-
(i) a performance of a play
(ii) an exhibition of a film
(iii) an indoor sporting event
(iv) a boxing or wrestling entertainment
(v) a performance of live music
(vi) any playing of recorded music
(vii) a performance of dance
(viii) entertainment of a similar description to (v), (vi), (vii).
Entertainment facilities were deemed to be:-
(i) making music
(iii) entertainment similar to (i) or (ii).
The Live Music Act 2012 had made a number of changes to the Licensing Act 2003. The definition of regulated entertainment under Section 1 of the Live Music Act 2012 stated that where premises were open for the supply of alcohol for consumption of alcohol on the premises and either the live music was unamplified or the audience was less than 200 people, and live music was between 08:00 and 23:00, it was not deemed as regulated entertainment. In such circumstances, any conditions relating to live music did not apply. Where the conditions did not apply, they could be reinstated subject to a review of the premises licence before the Licensing (Activities) Sub-committee, if deemed appropriate to support the licensing objectives.
The report also stated that the 2012 Act also removed the requirement to the licence of the provision of entertainment facilities. As a result, the entertainment facilities listed above were no longer considered to be regulated. Furthermore, the Act provided a number of exemptions for live music in addition to the provisions previously mentioned. Live music in the work place (not licensed for the sale of alcohol for the consumption on the premises) was not licensable so long as the audience was less than 200 persons and again it was between 08:00 and 23:00 hours.
Resolved – That the report be noted.
1072 (34) EARLY MORNING RESTRICTION ODERS (LICENSING ACT 2003) – The Director of Places submitted a report informing the committee of specific changes to the Licensing Act 2003 brought about by the Police Reform and Social Responsibility Act 2011, in relation to ‘Early Morning Restriction Orders’.
The report explained that Section 119 of the Police Reform and Social Responsibility Act 2011 added sections to the Licensing Act 2003 in relation to the Early Morning Alcohol Restriction Orders. The basis of an Early Morning Restriction Order (EMRO) was that should an order be applied for by the responsible authority or by any other person for a specific area, then following a decision of the relevant council, the sale of alcohol could be restricted between midnight and 06:00, or between these times, should it be deemed necessary. The specific area would be defined in the application and the size of the area would vary between applications.
The Director also explained the procedure, period of notice and consultation required for EMROs and related exemptions. Consideration of such applications could be considered by the Licensing Committee with its recommendations determined by council.
Resolved – That the report be noted.