LICENSING COMMITTEE 30TH JANUARY, 2006 Minutes of the meeting of the Licensing Committee of the Flintshire County Council held at County Hall, Mold on Monday, 30th January, 2006. PRESENT: Councillor L.A. Sharps (Chairman) Councillors: S. R. Baker, A. G. Diskin, B. Dunn, J. J. Griffiths, J. F. Jones, J. Ovens, P. J. Walkden, D. E. Wisinger and M. G. Wright. SUBSTITUTION: Councillor J. G. Beard for Councillor P. J. Curtis. APOLOGY: Councillor J.B. Attridge.IN ATTENDANCE: County Secretary, Licensing Manager and Senior Administration Officer. 34. DECLARATIONS OF INTEREST (including Whipping Declarations) None were received. 35. MINUTES The minutes of the meeting held on 14th November 2005 were confirmed as a correct record. 36. LICENSING ACT 2003 – AUTHORISATION OF OFFICERS A report of the Director of Environment and Regeneration, copies of which had been previously circulated was submitted. The Licensing Manager presented the report, the purpose of which was to seek the approval of Members for relevant Officers of Flintshire County Council to be authorised under the Licensing Act 2003. The endorsement of Members was also sought for Flintshire County Council to adopt a Working Procedures and Enforcement Protocol in conjunction with the five other North Wales Authorities and North Wales Police. The Licensing Manager confirmed that the period in which the bulk of the administrative element of the transitional arrangements had now passed and the focus of work had moved to the effective enforcement of the new provisions. In order to facilitate this, it was necessary for Officers to be authorised, which then conferred rights of entry to investigate licensable activities. North Wales Police and the six Local Authorities in North Wales had drawn up a protocol for joint working arrangements and enforcement which was attached as Appendix 1 to the report. It was important that arrangements were in place for effective enforcement for the Licensing Act 2003 provisions. The Officers proposed to be authorised would be: Health, Safety and Licensing Manager, Senior Licensing Officer, Licensing Officers, Health, Safety and Licensing Officer, Assistant Licensing Officer and those Officers of the local Weights and Measures Authority (Trading Standards Service) who had an enforcement role in relation to Sections 146 and 147 of the Act (sale of alcohol to children and allowing the sale of alcohol to children). It was envisaged that the Authority to act would form part of the existing delegation scheme conferred upon the Director of Environment and Regeneration. The Licensing Manager explained that Paragraph 16 in the Licensing Act 2003 required an amendment to the wording for the use of closure powers. The County Secretary suggested that the second line should read “Whenever possible, in order to seek any necessary assistance, North Wales Police will consult with the Noise Pollution Section of the Local Authority” which was agreed. RESOLVED: (a) That the authorisation of Officers detailed above be approved; and (b) That Flintshire becoming a participant in the Licensing Act 2003 Working Procedures and Enforcement Protocol agreed between North Wales Police and the six North Wales Local Authorities as detailed in Appendix 1 and including the amendment above, be endorsed. 37. LICENSING ACT 2003 – THE NEXT STEPS A report of the County Secretary, copies of which had been previously circulated was submitted. The purpose of the report was to advice Members of the issues for the Committee in the coming year. When granting Licences, Members of the Sub-Committee had consistently drawn all parties’ attention to the review procedure. This procedure, which could only be initiated upon application, enabled the Licensing Authority to consider afresh any premises licences. At a hearing, a Sub-Committee could impose further conditions and restrictions upon, or revoke, a premises licence. The County Secretary explained that, regulations had been issued concerning the review procedure and it was now appropriate to consider training needs in relation to this process to ensure that the Committee was best placed to meet any such applications. The County Secretary explained that the Gambling Act 2005, which was to come into force in its entirety in September 2007, established a Gambling Commission to oversee all gambling in England, Scotland and Wales and delegated a number of functions to Licensing Authorities. Licensing Authorities were defined by section 154 of that Act as the Committee established under the Licensing Act 2003, i.e. the Licensing Committee. The Committee would have a number of important functions including the preparation of a Statement of Police for gambling premises licenses in a similar manner to the local statement of licensing policy under the 2003 Act. The Policy must be in place by 31st January 2007 and must be determined in accordance with the Guidance issued by the Gambling Commission. Once the local policy and the Act were in force, this Committee would consider premises licence applications and a range of other permits, including gaming machines in alcohol licensed premises. In considering its functions under the 2005 Act, it may not depart from Guidance issued by the Gambling Commission. The Gambling Commission had recently issued draft Guidance for comment by the 17th March, copies of which would be placed in the Members’ room. Officers were considering the Guidance with a view to a full report for Members’ consideration at a special meeting to be arranged in February. Members requested that more detailed financial information be provided at the next meeting of the Committee which the County Secretary said he would provide. RESOLVED: (a) That the present position under the Licensing Act 2003 be noted and appropriate training be arranged; (b) That the position of the Committee and the constitutional changes made by the Gambling Act 2005 be noted (c) That a special meeting be arranged to take place on 27th February for consideration of the Guidance relating to the Gambling Act 2005. 38. DURATION OF MEETING The meeting commenced at 10.00am and ended at 10.35am. …………………………. Chairman SUMMARY OF DECLARATIONS MADE BY MEMBERS IN ACCORDANCE WITH FLINTSHIRE COUNTY COUNCIL’S CODE OF CONDUCT LICENSING COMMITTEE DATE:30TH JANUARY, 2006 MEMBER ITEM MIN. NO. REFERS NO DECLARATIONS WERE MADE - 1075 -
