PRESENT:          Cllr P Rogerson (in the Chair)

APOLOGIES:

Apologies for absence were received from Councillors R J Bate, D G Fieldhouse, Mrs K M Draper and Mrs C C Martens.

The Chairman welcomed to the meeting Councillor Miss S E Marshall, Chairman of the Environment Improvement and Scrutiny Committee, which  would be considering the draft Policy at its meeting on the 15 November 2004.

There were no declarations of interest.

The Tourism and Cultural Services Officer reported that tourism and employment factors would have the most impact in the Marlow area and the legislation would have a positive effect in terms of events and activities on public open spaces.  

RESOLVED:  That the Minutes of the meeting of the Committee held on 17 June 2004 be approved as a correct record and signed by the Chairman.

Members were reminded that a new mandatory licensing regime was to be brought into effect by Government.  On the first “appointed day”, 7 February 2005, the Council would start to issue personal and premises licences.  On the second appointed day, thought to be in November 2005, the courts would cease to have responsibility for all licensing activities (other than appeals against Wycombe District Council’s decisions) and the Council would assume full responsibility.  Before the first appointed day the Council must have an adopted Licensing Policy in place that had been subject to formal consultation with interested parties.  The Committee had been updated on the current position and the programme to be followed to ensure satisfactory adoption of a Licensing Policy prior to the first “appointed day”.

It was noted that the new regime had four essential principles: -

The Committee received an update on the present position and noted that the information on the Licensing Policy was now available on the Wycombe District Council website.  Further work was continuing to refine the document.  It was agreed that formal consultation with named authorities and named bodies would begin on 24 September 2004.  A questionnaire would be available on the website to be filled in online or downloaded and returned in the post.  The closing date for consultation was Monday, 1 November 2004.  

The Committee was invited to identify any initial observations or comments it wished to make upon the draft policy and proposed consultation process.

Members discussed the draft Policy at length and had varying views as to whether Section 2 should be included or have more detail.  The Policy would be reviewed every three years but it was suggested that in this initial period it should be reviewed after a year.  Members further agreed that hard copies of the Policy should be free of charge.

Section 3 – Applications and Determination

The Protection of Children

Members expressed concern about the following points:-

“3.21 – The Council will expect that where a significant number of unaccompanied children will be present during a public entertainment event, the licensee will ensure that an adequate number of adult staff is present to control the access, egress and safety in and around the premises.  The number of staff required should be assessed by the licensee, taking into account the number of children to be present, the type of entertainment, the characteristics of the premises and any other relevant factor, subject to there being a minimum of one member of staff per 50 children or part thereof”.

“3.22 – The Council will require anyone intending to provide supervision of activities to under 16’s to carry out criminal record checks with the Criminal Records Bureau before appointing staff to service such activities.  These checks must be submitted to the Council as part of the Operating Schedule.”

Members agreed that Officers would work very closely with Social Services Department of Buckinghamshire County Council on these points.

Films

3.27 – A Member was concerned that Wycombe District Council should not lose its power on classification and this was noted.

Section 9 – Enforcement

Enforcement Policy

Members agreed that reference to ISO 9001 should be deleted from this point.

Appendix 2 – List of Consultees

Members were requested to contact officers direct if they considered that anyone else should be included in the consultation.

RESOLVED:   That (i) the presentation on the implications of the Licensing Act be received;

(ii) the Licensing Policy be reviewed, if appropriate, after one year and thereafter every three years;

(iii) officers work closely with the Social Services Department of Buckinghamshire County Council on the Protection of Children Section of the Policy;

(iv)     that the Cabinet be advised that hard copies of the Policy be free of charge but to consider further with review of fees and charges; and

(v)     reference to ISO 9001 in the Enforcement Policy Section be deleted.

The draft regulations that contained the detail of the legislation had been published on the DCMS website on the 16 September 2004. The deadline for responses to the consultation document was 10 November 2004.  Members were advised that the draft consultation document looked specifically at: -

The purpose of the consultation paper was to elicit views about the draft regulations which provided much of the procedural details of how the new licensing regime would operate, including proposed details for forms, plans and operating schedules.  Anyone could comment on the draft regulations but the DCMS especially wished to hear from licensing authorities, chief officers of police, industry, members’ clubs, community and voluntary groups, performers and their representatives, residents’ associations, consumers and individuals.

It was anticipated that the consultation on fees would start within the next month.  The number of new forms was significantly less than the combined number of all the existing forms for alcohol and public entertainment licensing.  One form would be required if a licensee wanted to apply to sell alcohol and provide live entertainment and/or late night refreshment whether it was an entirely new application or an application to vary conditions at the same time as conversion of existing licenses during the transition period.

Members were advised that Hearings would be held in public with discretionary exclusion.  There would be the right to call witnesses for cross-examination.  Hearings could also be held in the absence of a party.  Both parties would have to be given a set time for the determination of the application and a record of the hearing would have to be retained for a period of six years.

It was noted that the suggested period of time to hold a hearing was 20 working days for premises liquor licences and personal licences applications, 10 working days for review and closure order and conversion, 7 days for temporary event notices following a police objection and 5 working days for cancellation of interim authority notice following a police objection.

The Transitional Order gave more detail about how to deal with applications for conversion of existing premises licences during the period 7 February 2005 to 7 November 2005 although fees had yet to be determined.  

Members raised concerns about the amount of Hearings that may be needed and when these would be held.  It was suggested that the Council would need to be flexible when convening these Hearings.  

The Committee requested a programme of Member training to be presented to the next meeting of the Committee.

RESOLVED: That the timing of Hearings be flexible.

___________________

CHAIRMAN

The following officers were in attendance at the meeting:

Mr R Bowen          -     Tourism and Cultural Services Officer

Mr R Marshall          -     Divisional Environmental Heath Officer

Mrs S Wilson          -     Principal Solicitor

Mrs S M Stevens     -     Democratic Services Officer