Minutes for Licensing Committee meeting, Nov 11 2009, 6.00PM official page

To confirm the minutes of the meeting of the Committee held on 16 September 2009

The minutes of the meeting of the Licensing Committee held on 16 September 2009 were received.

To receive a presentation from the Drug and Alcohol Action Team (DAAT) on the training that all licensed premises undertake

The Members received a presentation from Janet Rowley (Manager of the Education Unit) and Lee Grafton (BCC) who were part of the Drug and Alcohol Action Team (DAAT)

The topics included: - a drinks line-up and asked members to put them in order of their alcohol unit; safe levels of alcohol, Pub Watch; underage drinking and the drugs - Cannabis, Cocaine, Heroin, Ketamine detailing the effects long and short term use, risks, costs and signs of use.

Members asked a number of questions about detailed aspects and sought clarification and explanation of certain issues concerning: -

·         Information and data relating to the nature of drugs in the area, and the needs of drug users;

·         Expertise relating to drug treatment and the effectiveness of specific forms of treatment;

·         An understanding of the drug-using population and the specific local features causing it to be chaotic or problematic;

·         Leadership on drug and alcohol related issues and

·         Long-term preventative work with young people supplementing that provided by education service.

The Chairman thanked both Janet and Lee for their most interesting and thought provoking presentation.

To consider the report of the Director of Services

The Committee considered the recent decisions made by the Licensing Sub-Committee regarding penalty points which sought amendments to existing delegations in the Council’s Hackney Carriage and Private Hire Licensing Policy adopted by the Council on 11 December 2007 (“the Taxi Policy”).

From the report it was noted by Members that: -

·         In determining whether an applicant was a “fit and proper person” to hold a Hackney Carriage and/or Private Hire Drivers Licence pursuant to Sections 51 and 59 of the Local Government (Miscellaneous Provisions) Act 1976, as amended (“the Act”) certain criteria could be taken into consideration by the Council. The Taxi Policy identified three specific areas which could be taken into consideration - Driving Standard, Medical Fitness and Criminal History as well as any other relevant matters and an Applicant must provide evidence to the Council in relation thereto

·         Regarding the Driving Standard, the report detailed the Taxi Policy requirements at paragraph 1 sections 3.2 and 6.2

·         Penalty Points remain valid for the purposes of “totting up” for 3 years from the date of the offence/conviction. Depending upon the nature of the offence, Penalty Points could be removed from a DVLA Driving Licence after 4 years from the date of the offence/conviction when a DVLA Driving Licence was deemed to be “clean” by the DVLA - for example, speeding and driving without insurance

·         there were other offences including offences relating to causing death through careless driving and driving whilst under the influence of drink or drugs to which a range of penalty points could be imposed - minimum of three and a maximum of eleven. These penalty points remain on a DVLA Driving Licence for eleven years from the date of conviction. Some offences may also incur a disqualification. A copy of a Guide to Penalty Points produced by the Government website “Direct Gov” was set out in the Appendix

·         between 23^rd March 2009 and 12^th October 2009 six applications for new drivers licences had been referred to the Licensing Sub-Committee because the Applicant did not comply with the requirements of the first paragraph of sections 3.2 and/or 6.2 of the Taxi Policy in that at the time of the application the Applicant has not held a clean driving licence in Groups A and/or B for a continuous period of two years immediately prior to the date of receipt of a valid application by the Council because of the existence of penalty points on their DVLA Driving Licence

·         having considered these six applications at Hearings the Licensing Sub-Committee had decided to waive the requirements of paragraph 1 of sections 3.2 and/or 6.2 of the Taxi Policy in all six cases as set out in the report

·         as part of the review of the Taxi Policy - (when final guidance was issued by the Department for Transport – due early next year (2010) - the requirements of paragraph 1 of sections 3.2 and 6.2 of the Taxi Policy would be reviewed  ...  view the full minutes text for item 37.

To consider the report of the Director of Services

The Committee considered the report of the Director of Services on the final revised Gambling Act 2005 Statement of Principles.

Members noted from the report that: -

·        theDraft Document was sent to the consultees as set out in Appendix B of the Statement of Principles however only three responses were received. A copy of the Response Questionnaire was attached at Appendix 1 with copies of the replies received attached at Appendix 2.

·         furthercomments were contained within the response received from the Buckinghamshire Fire Authority to confirm that fire related matters would be enforced through the Regulatory Reform (Fire Safety) Order 2005. 

·         Two further responses had been received from neighbouring Local Authorities, Wycombe District Council and Slough Borough Council both of whom had confirmed they had read through the draft Statement of Principles and had no comments to make.

·         the draft Statement of Principles had been amended to take into account of the response received from the Buckinghamshire Fire Authority

·         there was a resource implication in relation to the cost of publishing the Statement of Principles. The Gambling Act 2005 (Licensing Authority Policy Statement) (England and Wales) Regulations 2006 required that the licensing authority advertise the publication of it by publishing a notice either before, or on, the day of the publication of the statement. If a Statement of Principles was not in place the Council would be unable to meet the statutory responsibilities with effect from 14^TH January 2010.

RESOLVED that: -

(1)    a notice be placed in the local press either before, or on, the day of the publication stating that therevised Statement of Principles was available;

(2)    therevised Statement of Principles be submitted to the Health and Housing PAG for information

and further

RECOMMENDED that: -

The revised Statement of Principles, attached to the report, be adopted by the Council as the South Bucks District Council Gambling Act 2005 Licensing Statement of Principles(Revision 2009)

To note the following:

(A) Delegated Determinations made by the Licensing Officer:-

            Officer Determination for Personal Licences

            Officer Determinations for Premises Licences

(B) Delegated Determinations made by the Licensing Sub-Committee

(C) Appeals to Magistrates Court - None since the last meeting

(D) Appeals to the Crown Court – None since the last meeting

(a)        Delegated Determinations made by the Licensing Officer

The Committee reviewed and noted a list of the delegated determinations made by the Licensing Officer covering: -

(i) Personal Licences, Replacement Badge, Duplicate Licence and Changes of Details during the period September 2009 to date;

(ii) Premises Variation during the period September 2009 to date

(b)        Delegated Determinations made by the Licensing Sub-Committee

The Committee reviewed a list of the delegated determinations made by the Licensing Sub-Committee. 

RESOLVED that the report be noted

(c)        Appeals to Magistrates Court   - None since last meeting.

(d)        Appeal to Crown Court - None since last meeting.

(1)    To receive the part I minutes of meetings of the Licensing Sub-Committee held on 7 September and 21 September 2009

(2)    To receive the rota for attendance at forthcoming Licensing Sub-Committee Hearings

(1)  Decision Notices

The decision notices of the Licensing Sub-Committee meeting held on 7 and 21 September 2009 were received.

(2)      Rota

The Committee received and discussed the amendedrota for attendance at forthcoming Licensing Sub-Committee Hearings with Members confirming their attendance. 

To note the report of the Director of Services

The Committee received a report from the Director of Services of details of Premises (New and Variation) applications pending to date.

RESOLVED that the report be noted

To note the report of the Director of Services

The Committee received a report from the Director of Services on details of licences issued during the period September 2009 to the present time.

                        RESOLVED that the report be noted

To note the report of the Director of Services

The Committee received a report from the Director of Services on details of street collection permits issued for 2009. It was noted that the list of street collections would change on a daily basis as and when applications were received.

Members asked a number of questions about detailed aspects and sought clarification and explanation of certain issues including: - Chuggers - companies that operate face to face fundraising on the street, by soliciting direct debit contributions on behalf of charities and it was noted that the legislation on this was being reviewed.

                        RESOLVED that the report be noted

To note the report of the Director of Services

The Committee received a report from the Director of Services showing the house-to-house collection permits issued for the 2009 - 2012. The schedule to the report also included details of charity collections where Home Office exemption certificate had been granted.   It was noted that the list of house-to-house collection permits would change on a daily basis as and when applications were received.

The report contained some details of collections that had already taken place. This was because Charities were required to submit returns to the Licensing Team containing details of their collections and amounts raised. These returns were due in after the collections had taken place and show as outstanding on the report if the return had not yet been received.

                        RESOLVED that the report be noted

To consider any matters which the Chairman agrees as urgent in accordance

with Section 100B of the Local Government Act 1972

Questions were raised in relation to loud music and disturbance of local residents arising from licensed premises in Farnham Royal and anti social behaviour in Burnham.  To complaints had been investigated and a noise nuisance complaint had been made to Environmental Health.  It was confirmed that the reporting of incidents and the keeping of a log by local residents would assist Licensing Officers to investigate any complaint and/or possible breach of conditions of the licence.  Matters relating to the highway adjoining the premises should rightfully be reported to the police and or to Buckinghamshire County Council.

Members noted that the next meeting would be held on Wednesday 20 January 2010 at 6.00 p.m.  

The Chairman to move the following resolution: -

“That under Section 100(A)(4) of the Local Government Act 1972 the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Part 1 of Schedule 12A to the Act.”

RESOLVED that under Section 100.A of the Local Government Act 1972 the public be excluded from the meeting for the following item of business on the grounds that it involved the likely disclosure of exempt information as defined in Part 1 of Schedule 12A to the Act

 (Para 1 - Because the report contains information relating to an individual)

To receive the Part II minutes of meetings the Licensing Sub-Committee held on: -

(a)      21 September 2009  

(b)      12 October 2009    

(Para 1 - Because the report contains information relating to an individual)

The Part II decision notices of the Licensing Sub-Committee meeting held on 21 September and 12 October 2009 were received.

The meeting having commenced at 6.00 p.m. terminated at 7.37 p.m.