Licensing Committee Agenda

Date:

Thursday 19 October 2006

Time:

7.00pm

Venue:

Council Chamber, District Council Offices, Queen Victoria Road,
High Wycombe, Bucks

 

Membership 2006/2007

Chairman:          Cllr P Rogerson

Vice-Chairman:     Cllr W J Bendyshe-Brown

Conservative: (11)     Cllrs D A Anson MBE, W J Bendyshe-Brown, Mrs K J Dix, A R Green, D A B Green, D J Hayday, R A Hussein, Mrs W J Mallen, I L McEnnis, P Rogerson, Mrs J A White.  

Labour: (2)          Cllrs Mrs K M Draper and Mrs C C Martens

Liberal Democrat: (1)     Cllr M B Oram

Independent: (1)     Cllr J M Blanksby

 

Standing Deputies

Conservative: (3)     Cllrs S J Bazley, C A A Etholen and Mrs J.E Teesdale

Labour: (1)          Cllr Mrs A M Stenner

Liberal Democrat: (1)     Cllr B R Pollock

Independent: (1)     Vacancy

 

Lead Officer:     Mr Neil Stannett      Ext: 3092     DDI: HW 421092

               Email: neil_stannett@wycombe.gov.uk

Administrator:     Mr Michael Conroy     Ext: 3216     DDI: HW 421216

               Email: mike_conroy@wycombe.gov.uk

 

 

Agenda Item

1.

MINUTES

To confirm the minutes of the meeting of the Licensing Committee held on 15 June 2006 (previously circulated).

2.

DECLARATIONS OF INTEREST

     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 they should state the nature of that interest whether or not they leave the Council Chamber.

3.

RECORDS OF HEARINGS – LICENSING PANELS

To receive the record of Licensing Panel Hearings held on 17 May, 10 July and 9 August 2006 and 8 September 2006 (previously circulated).

4.

APOLOGIES FOR ABSENCE

     To receive apologies for absence.

5.      THE GAMBLING ACT 2005 - WYCOMBE DISTRICT COUNCIL DRAFT POLICY AND RESPONSES TO CONSULTATION

4.1

To consider the responses received to the consultation process.

4.2

To approve the draft statement of Licensing Policy as amended and recommend to Cabinet.

6.     LICENSING ACT 2003 – AN UPDATE

 

 

Ms K Satterford

Chief Executive on behalf of

Senior Management Board

 

 

 

5.

THE GAMBLING ACT 2005 – WYCOMBE DISTRICT COUNCIL DRAFT POLICY AND RESPONSES TO CONSULTATION

Officer contact:     Neil Stannett     DDI:  01494 421092    
Email:
     neil_stannett@wycombe.gov.uk

     Wards affected:     All

     PROPOSED RECOMMENDATION TO CABINET

That the draft Statement of Licensing Policy as amended by the consultations received and made under the Gambling Act 2005 be agreed by the Committee and referred to Cabinet for approval.

     Reason for Decision

The draft Statement of Licensing Policy has passed through the consultation phase and has been amended in light of representations received.  This decision will enable the Council to adopt the policy by the deadline of 3 January 2007.

 

Corporate Implications

5.1

The Gambling Act 2005 modernises gambling law and gives local authorities the responsibilities for licensing of gambling premises, a function of which is currently undertaken by the Magistrates’ Courts.  The Council are required to have a Statement of Licensing Policy in place by 3 January 2007, prior to the operational aspects commencing on 30 April 2007.

 

     Executive Summary

5.2

Members will be aware of the new mandatory licensing regime in relation to gambling which will become fully effective in September 2007.  Prior to the operational aspects commencing on 30 April 2007 the Licensing Authority must have an adopted statement of licensing policy in place by the Government’s deadline of 3 January 2007.  In order for this to happen, it is necessary for the policy to be approved by Council on 11 December 2006.  The Committee is therefore requested for any views it may have on the changes to the draft policy prior to its submission to Cabinet on 30 October 2006.

     Community Plan/Council Priorities - Implications

5.3

This contributes to the Community Plan in respect of the safe communities theme.

     Background and Issues

5.4

Section 349 of the Gambling Act requires local authorities to determine and publish a statement of licensing policy every three years, with the first one being published no later than 3 January 2007.  Before determining its policy, the local authority must consult statutory consultees and may consider carrying out a wider consultation exercise.  In determining its policy, the Council must have regard to the three licensing objectives, the statutory guidance issued under S.25 of the Gambling Act 2005 and the representations made by consultees.

 

5.5

Wycombe District Council is responsible for the licensing of premises carrying on activities defined under the Gambling Act 2003.  A draft statement of licensing policy was considered and approved by the committee on 15 June 2006, having been the subject of a Member/Officer Working Group.  The statement sets out the principles that the Council proposes to apply when exercising its functions under the Act.

5.6

It is important to note that the whole ethos of the new licensing regime, and therefore the Council’s policy, is based upon the three licensing objectives.  The Council, as Licensing Authority, has a duty to ensure that applications are determined in a manner which is reasonably consistent with the licensing objectives, which are:-

·

Preventing Gambling from being a source of crime and disorder, being associated with crime or disorder or being used to support crime

·

Ensuring that Gambling is carried out in a fair and open way

·

Protecting children and other vulnerable persons from being harmed or exploited by gambling

5.7

Consultation on the draft statement of Licensing Policy commenced in July 2006 when letters were sent out to approximately 250 organisations and individuals.  These were divided into 3 classes of consultees:-

     The Licensed Trade

     Partnership organisations

     Parish and Town Councils

5.8

All consultees received a letter signposting them to the Wycombe District Council website which had a number of documents available for consultation, including the draft policy, a questionnaire for guidance purposes and links to a number of documents for information purposes.  It was possible to respond to the consultation on-line, although only one response was received via this facility.

5.9

Consultation closed on 9 October 2006, by which time 5 responses had been received.  The salient points from these have been tabulated in the matrix attached as Appendix 5.  The layout has column for consultee response, officer comment, and proposed action.

5.10

A copy of the draft statement agreed by the Committee in June is enclosed.

5.11

The Committee is requested for any comments it wishes to make on the policy, as amended, prior to its submission to Cabinet on 30 October for adoption in December.

 

 

     Legal, Financial and Corporate Governance Implications

5.12

The new licensing function is mandatory under the provisions of the Gambling Act 2005 and will undoubtedly have financial implications for the Council.  The Government has stated publicly that the new regime is intended to be self-financing through the receipt of licence application fees.  The subordinate legislation, which will set the fee levels, has not yet been approved by Government and it is therefore not possible to be clear as to whether costs will be covered by income.  This will be reported to Members once the details of the law are known.

     Options

5.13

The Council must have a statement of Licensing Policy in place by the deadline of 3 January 2007.

     Conclusions

5.14

That the draft Statement of Licensing Policy made under the Gambling Act 2005 be referred to Cabinet prior to adoption by the Council.

     Background Papers

     Working files held in the Environment Service.

 

 

6.

LICENSING ACT 2003 – AN UPDATE

Officer Contact:     Neil Stannett     DDI: HW 421092

          Email: neil_stannett@wycombe.gov.uk

PROPOSED DECISION

The Committee is ADVISED to note the information provided.

Executive Summary

6.1

The report provides a further update on matters relating to the implementation of the Licensing Act 2003.

Statistics

6.2

There have now been 42 Panel Hearings in total and one appeal has been lodged (see paragraph 6.5).

6.3

Applications for licence transfers, to vary Premises Licences and premises supervisors are being received on a regular basis.

6.4

The Licensing Panel held on 21 September considered for the first time, two applications for a review of licence.  Both applications for review related to alleged underage sales.  With regard to the first application, the licence was suspended for 4 weeks and conditions of the licence were modified to ensure proper training of staff and an improvement to the general management of the premises.  The second application for review resulted in the licensee and the police agreeing additional conditions, which the Panel endorsed, subject to minor amendment.  

6.5

An appeal has been lodged at The Magistrates Court in respect of Desborough Road Post Office.  An application for a premises licence was turned down at a Hearing held on 8 September 2006.

6.6

Updated statistics will be provided at the next meeting of the Committee together with consideration of the effects of the new legislation on tourism related businesses in the Districts.

     Training

6.7

A further training session in relation to Panel Hearings was held on 7 September 2006.

6.8

Further internal training will also be arranged at a future date in relation to the Gambling Act 2005.  As with the Licensing Act, any Member wishing to take part in Panel Hearings to determine applications under the Gambling Act must have received training in order to do so.

 

7.     SUPPLEMENTARY ITEMS (IF ANY)

8.     URGENT ITEMS (IF ANY)