Meeting documents

The Chairman welcomed all Members, in particular the newly elected Councillors, to the first meeting of the Licensing Committee in the new Council year and invited everyone make introductions.

To receive any declaration of personal or personal and prejudicial interest by Members relating to items on the agenda. If any Member is uncertain as to whether an interest should be disclosed, he or she is asked if possible to contact the District Solicitor prior to the meeting.

Members are reminded that if they are declaring an interest, whether personal or personal and prejudicial, then (subject to paragraph 14 of the Code of Conduct) they should state the nature of that interest whether or not they leave the meeting.

None.

To confirm the minutes of the meeting held on 20 January 2011 (attached).

RESOLVED: That the minutes of the meeting held on 20 January 2011 be agreed as a true record and signed by the Chairman.

As an aide for new members to the Committee, Brian Whittall, Licensing Officer and Mrs Kiran Khanna (Principal Solicitor), will give an introduction to the Licensing Act 2003 and briefly cover the function and roles of the Licensing Committee.

Licensing Panel Hearings

One of the main functions of the Committee is to hold Licensing Panel Hearings. Panel membership comprises 3 Members of the Committee and Hearings are convened on an ad hoc basis, as and when required, to determine applications for new or variations of existing licences where objections have been received. The Licensing Officer and Principal Solicitor will explain the process and procedure for Licensing Panels.

Attachments:

-  Appendix  A  Schedule of Hearings since the previous meeting

-  Appendix  B  Licensing Act 2003 – Members’ Guide

-  Appendix  C  Procedure at Oral Hearings under the Licensing Act 2003

-  Appendix  D  Information Sheet – Role of Members in Relation to

                         Licensing Panels

Mr Brian Whittall, Licensing Officer, and Mrs Kiran Khanna, Principal Solicitor, gave a presentation which outlined legal and procedural aspects relating to the functions and objectives of Licensing Panels. The presentation covered issues including the role of Members at panel hearings, personal and prejudicial interests, the Licensing Act 2003 statutory guidance and rights of appeal. Mention was made of the Council’s excellent record with regard to appeals, adding that whilst some decisions had been taken to appeal at the Magistrates Courts, none had been successfully challenged.

The Council’s Statement of Licensing Policy was mentioned and it was noted that the policy was reviewed and updated every 3 years, the latest review taking place in 2010.

Throughout the presentation, there was opportunity for Members to ask questions and to look in detail at the many aspects of licensing law and legal processes. The Licensing Officer referred to the recent Wycombe ‘summit’ meeting to which all licence holders in the town centre and many stakeholders had been invited and which had been well attended. He said the meeting had been a success in celebrating the good progress of the town centre, and referred to the importance of sound teamwork between the licensing authority and licence holders to achieve their common goals of the promotion of a vibrant town, a place for people to enjoy and be safe and where businesses could grow and be successful.

Attention was drawn to a successful panel hearing several years previously where there had been much local animosity towards the licensing application concerned. The panel had been able to bring all sides together, address the issues of concern and had achieved consensus on the terms and conditions of the licence, to the eventual satisfaction of all. The Licensing Officer said this had been a very good outcome for the panel.

The part played in the licensing process by other regulatory authorities, such as control of noise / pollution, was explained, together with the right to call for a review of a licence if its terms and conditions were not met.

The Chairman drew the discussions to a close by thanking the Licensing Officer and Principal Solicitor for a very interesting presentation. He said that on 13 June 2011 two licensing panels would take place in the Council Chamber and he said that any Members interested in observing the proceedings would be very welcome to attend.