Minutes for Licensing and Regulatory Committee meeting, Aug 3 2009, 6.30PM official page

An apology for absence was received from Councillor Platt.

Members and Officers are requested to give notice of any personal or prejudicial interest and the nature of that interest, relating to any item on the agenda in accordance with the relevant Code of Conduct.

No declarations of interest were received.

Minutes of the meeting held on 8 June, 2009

RESOLVED:

That the Minutes of the meeting held on 8 June, 2009 be confirmed as a correct record.

Report of the Environmental Protection Director

The Committee considered the report of the Environmental Protection Director updating on the applications made under the Licensing Act, 2003 which he had determined.

The report indicated that Sefton’s Statement of Licensing Policy followed the recommended delegation of functions contained within the “Guidance issued under Section 182 of the Licensing Act 2003”; that in effect, this meant that where there were no relevant representations on an application for the grant of a premises licence or club premises certificate, or Police objections to an application for a personal licence, then these matters would be dealt with by Officers in order to speed matters through the system; and that the Guidance also recommended that, where powers had been delegated, the Committee would receive regular reports on decisions made so that they maintained an overview of the general licensing situation.

For the period 23 May to 17 July, 2009 the Environmental Protection Director had received and determined 83 applications for premises licences, 26 applications for personal licences, 0 applications for a club premises certificate and 61 notifications for temporary event notices.

RESOLVED:

That the report and the fact that further update reports will be submitted, as necessary, be noted.

Report of the Environmental Protection Director

The Committee considered the report of the Environmental Protection Director updating on the applications made under the Gambling Act, 2005 which he had determined.

The report indicated that Sefton’s Statement of Licensing Policy followed the recommended delegation of functions contained within the “Guidance issued under Section 25 of the Gambling Act 2005”; that in effect, this meant that where there were no relevant representations on an application for the grant of a premises licence or a permit then these matters would be dealt with by Officers in order to speed matters through the system; and that the Guidance also recommended that, where powers had been delegated, the Committee would receive regular reports on decisions made so that they maintained an overview of the general gambling situation.

For the period 23 May to 17 July, 2009 the Environmental Protection Director had received and determined 1 application for a Gambling Premise Licence, 4 applications for a Licensed Premises Gaming Permits, 0 applications for Club Machine Permits, 0 applications for Club Gaming Permits and 9 notifications for Licensed Premises Automatic Gaming.

RESOLVED:

That the report and the fact that further updated reports will be submitted, as necessary, be noted.

Report of the Environmental Protection Director

The Committee considered the report of the Environmental Protection Director that advised on the findings of the noise enforcement trial in Southport town centre using new powers that allow the issue of Fixed Penalty Notices for noise from Licensed Premises.

RESOLVED:

That the following findings, detailed within the report, be noted:-

·       The trial identified the limitations of the Fixed Penalty Notice powers in that for safety purposes additional resources, such as from the Police, are required but these cannot be guaranteed.

·       A responsive out of hours noise service is not considered to be necessary on the scale of demand nor is a financially viable option.

• Existing powers available under the Environmental Protection Act 1990 are satisfactory to deal with the vast majority of noise complaints that are received.

Report of the Environmental Protection Director

The Committee considered the report of the Environmental Protection Director that informed of the amendments made to the Licensing Act 2003, by the Legislative Reform Order, to provide for the removal of the requirement for a DPS / Personal Licence Holder at a “Community” type premise.

RESOLVED: That

(1)      the amendments to the Licensing Act 2003, as detailed within the report, be noted; and

(2)      the recommended delegation of functions, as set out in the Secretary of State's Guidance issued under Section 182 of the Act and detailed within the report, for the new process be endorsed.

Report of the Environmental Protection Director

The Committee considered the report of the Environmental Protection Director that advised of a Home Office consultation exercise on how alcohol is sold and supplied. The report also contained the Environmental Protection Director’s proposed response to the consultation exercise.

Members asked a number of questions relating to the consultation and the proposed response including: methods of publicising residents of applications; training and conditions on licence holders who obtained their licence by ‘grandfather rights’; home delivery of alcohol; irresponsible marketing of alcohol; and outlets selling alcohol at extremely low prices. The Environmental Protection Assistant Director responded to the questions and comments.

A copy of Safe. Sensible. Social. Selling Alcohol Responsibly: A Consultation on the New Code of Practice for Alcohol Retailers was attached as an annexe to the report.

RESOLVED: That

(1)      the proposed response to the Home Office Consultation – “Safe. Sensible. Social. Selling Alcohol Responsibly report be noted; and

(2)      the Environmental Protection Director’s proposed response to the consultation exercise, detailed within the report, be endorsed.

Report of the Environmental Protection Director

The Committee considered the report of the Environmental Protection Director that informed of amendments made to the Licensing Act 2003, by Legislative Reform Order, to allow for a new process for “minor variations”.

RESOLVED: That

(1)      the amendments to the Licensing Act 2003, as detailed within the report, be noted; and

(2)      the recommended delegation of functions, as set out in the Secretary of State's Guidance issued under Section 182 of the Act and detailed within the report, for the new process be endorsed.

Report of the Environmental Protection Director

The Committee considered the report of the Environmental Protection Director that advised of the implications of the EU (European Union) Services Directive. Compliance with the Directive would require considerable action across the Local Authority and might require changes to or removal of current licensing, registration, authorisation or permission regimes within Sefton.

RESOLVED: That

(1)      the EU Services Directive report be noted; and

(2)      the actions proposed, detailed within the report, to progress the process within Sefton be endorsed.

Report of the Environmental Protection Director

The Committee considered the report of the Environmental Protection Director that proposed a strategy/framework for communication.

RESOLVED:

That proposed Communication Strategy/Framework, as detailed within the report, be endorsed.