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Waverley Borough Council Committee System - Committee Document

Meeting of the Licensing and Regulatory Committee held on 13/01/2003
Agenda




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Date: 2nd January 2003

To: All Members and Substitute
Members of the LICENSING
AND REGULATORY COMMITTEE (Agenda pages to other
Members for Information)



Membership of the Licensing and Regulatory Committee
Substitute Members

Conservative
        Liberal Democrat
Mr M W ByhamMr M W Norris
Mr G R Miller
        Mrs E M Cooper






Dear Sir/Madam

A meeting of the LICENSING AND REGULATORY COMMITTEE will be held as follows:-

DATE: MONDAY 13TH JANUARY 2003

TIME: 6.30 P.M.

PLACE: COMMITTEE ROOM 1, COUNCIL OFFICES, THE BURYS, GODALMING

The Agenda for the Meeting is set out below.

Yours faithfully

CHRISTINE L POINTER

Chief Executive

NOTE FOR MEMBERS

Members are reminded that Contact Officers are shown at the end of each report and members are welcome to raise questions, etc. in advance of the meeting with the appropriate officer.
AGENDA

1. MINUTES

To confirm the Minutes of the Meeting held on 18th November 2002 (to be laid on the table half an hour before the meeting).

2. APOLOGIES FOR ABSENCE AND SUBSTITUTIONS

To receive apologies for absence and to report any substitutions.

3. DISCLOSURE OF INTERESTS

To receive from members, in relation to any items included on the agenda for this meeting, disclosure of any interests which are required to be disclosed by Section 94(1) of the Local Government Act 1972 and in accordance with the Waverley Code of Local Government Conduct.

4. APPLICATION FOR A LICENCE TO OPERATE A RIDING ESTABLISHMENT – OLD PARK STABLES, FARNHAM
[Ward Affected: Farnham Upper Hale]

Waverley Borough Council is the Licensing Authority under the Riding Establishments Acts 1964 and 1970, and the purpose of the report at Appendix A is to determine an application for a licence to operate a riding establishment at Old Park Stables, Old Park Lane, Farnham. The proposals in the report do not have any "Opportunities for All" implications and administration of the application will be met by current resource levels.

Recommendation

It is recommended that a provisional licence to operate a riding establishment be granted to Mr Carl Belson in respect of Old Park Stables, Old Park Lane, Farnham until such time as the horses to be provided at the establishment have been inspected by the Council’s Veterinary Officer and the requirements of Section 5 of the report have been completed.

5. APPLICATION FOR A LICENCE TO OPERATE A RIDING ESTABLISHMENT – THE HAYBARN, THURSLEY
[Ward Affected: Elstead, Peperharow and Thursley]

Waverley Borough Council is the Licensing Authority under the Riding Establishments Acts 1964 and 1970, and the purpose of the report at Appendix B is to determine an application for a licence to operate a riding establishment at The Haybarn, Dye House Road, Thursley. The proposals in the report do not have any "Opportunities for All" implications and administration of the application will be met by current resource levels.


Recommendation

It is recommended that a licence to operate a riding establishment be granted to Mr Sam Martin in relation to The Haybarn, Dye House Road, Thursley.

6. DRAFT GENERAL FUND REVENUE ESTIMATES 2003/2004
[Wards Affected: N/A]

The report at Appendix C updates this Committee on developments regarding the General Fund Budget since the draft estimates were initially considered during the November cycle of meetings. The Committee is requested to give final approval to its draft Revenue Estimates.

Recommendation

It is recommended that final approval be given to the draft Revenue Estimates for 2003/2004.

7. TRANSFER OF LIQUOR LICENSING TO WAVERLEY
[Wards Affected: N/A]

The report at Appendix D sets out an initial view of the implications of the radical changes to liquor licensing set out in the Licensing Bill 2002. It could have major resource implications, which are not yet clear.

Recommendation

It is difficult until the Bill progresses further to assess the full implications for Waverley, but as an interim the Officer Licensing Group recommends:

iv) accelerating the development of closer links with Surrey Police and Fire included in the FSR action plan and establishing a local licensing forum, with representatives from all parties, organisations and including the Chairman and Vice-Chairman of the Licensing and Regulatory Committee.

8. PRIVATE HIRE OPERATORS LICENCES – NEW CASE LAW
[Wards Affected: N/A]

The purpose of the report at Appendix E is to inform the Committee of recent case law which affects the way Council licenses proprietors of hackney carriages (taxis) in their use of telephone bookings. The report has direct resource implications, which are detailed in the report. There are no environmental, community safety or "Opportunities for All" implications.

Recommendation

It is recommended that the Committee

3. authorises the officers to make appropriate refunds for licences granted in the current and the last fiscal year, as appropriate.

9. RENEWAL OF ANNUAL PUBLIC ENTERTAINMENT LICENCES
[Wards Affected: All Town Wards]

The purpose of the report at Appendix F is to enable the Committee to determine applications received for renewal of annual public entertainment licences for the premises set out in the report for the licensing year from 1st November 2002 to 31st October 2003.

The report has no significant environmental or "Opportunities for All" implications and payment of the fee for the licence contributes to the resource implications.

Recommendation

It is recommended that, subject to satisfactory completion of any items of repair which may be required to ensure that the premises meet the standards laid down in the Council's Regulations and General Conditions, including the maximum number of persons to be admitted, the application for a Public Entertainment Licence as listed at Paragraph 1 of the report be granted.

10. CONSULTATION ON VARIATION OF PERMITTED HOURS IN PUBLIC HOUSES
[Wards Affected: All]

The purpose of the report at Appendix G is to enable the Committee to make comments if it so wishes to the Licensing Justices on an application to them for a variation of morning opening hours at Wetherspoons public houses, of which there are currently two in Waverley - in Godalming and Haslemere High Streets. A variation of opening hours could be adopted by other licensed premises in the Waverley area, if approved. The report has no specific human rights, resource, environmental or “Opportunities for All” implications for the Council. There may be some community safety issues, which are discussed in the report.

Recommendation

That the Licensing and Regulatory Committee considers this proposal and passes its comments to the Executive for further consideration, including the person it would wish to nominate to attend the hearing on 7th February 2003 and speak on the Council's behalf, if appropriate.


11. ACTION TAKEN SINCE THE LAST MEETING

To note the following decision taken by the Chief Executive since the last meeting of the Committee, following consultation with the Chairman and Vice-Chairman. The Register of Decisions will be laid on the table half an hour before the meeting.

Addendum to Hackney Carriage/Private Hire Driver's Licence

Authorised that Mr A W Tunstall, a Waverley-licensed Hackney Carriage/Private Hire Driver, be permitted to drive as a licensed driver from 5pm onwards on Christmas Eve and New Year's Eve 2002 in addition to the hours permitted in his current licence and that an addendum be added to his licence to this effect.

Background Papers (CEx)

Letter from licensee dated 9.12.02.

12. QUESTIONS BY MEMBERS OF THE PUBLIC

The Chairman to respond to any questions received from members of the public of which notice has been given in accordance with Procedure Rule 10.

13. EXCLUSION OF PRESS AND PUBLIC

To consider the following recommendation on the motion of the Chairman:-
14. APPLICATION FOR HACKNEY CARRIAGE/PRIVATE HIRE DRIVER'S LICENCE

To consider the report at (Exempt) Appendix H.

15. APPLICATION FOR HACKNEY CARRIAGE/PRIVATE HIRE DRIVER'S LICENCE

To consider the report at (Exempt) Appendix I.

16. APPLICATION FOR HACKNEY CARRIAGE/PRIVATE HIRE DRIVER'S LICENCE

To consider the report at (Exempt) Appendix J.



[The reports relating to the above items have been excluded from those copies of the Agenda provided for inspection by members of the public, as they relate only to matters during which the meeting is likely not to be open to the public].
comms/licensing/2002-03/029 32457