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Waverley Borough Council Committee System - Committee Document

Meeting of the Council held on 11/12/2007
Minutes of Licensing & Regulatory Committee 20.11.07




Licensing and Regulatory Committee 13
20.11.07
WAVERLEY BOROUGH COUNCIL
MINUTES OF THE MEETING OF THE LICENSING AND REGULATORY COMMITTEE –
20TH NOVEMBER 2007

SUBMITTED TO THE COUNCIL – 11TH DECEMBER 2007

(To be read in conjunction with the Agenda for the Meeting)
Cllr L C Bate (Chairman)*Cllr J P Hubble
*Cllr Mrs G M Beel (Vice-Chairman)*Cllr S R E Inchbald
*Cllr Mrs E CableCllr P B Isherwood
Cllr M Causey*Cllr R A Knowles
Cllr V DuckettCllr S Renshaw
*Cllr R D Frost*Cllr J R Sandy
Cllr Mrs J P HargreavesCllr J M Savage
*Cllr N P Holder


*Present


27. MINUTES (Agenda Item 1)

The Minutes of the Meeting held on 9th October 2007 were confirmed and signed.

28. APOLOGIES FOR ABSENCE (Agenda Item 2)

Apologies for absence were received from Councillors L C Bate, M Causey, V Duckett, Mrs J P Hargreaves, P B Isherwood, S Renshaw and J M Savage. Councillor B J D Morgan attended as a substitute.

29. DISCLOSURE OF INTERESTS (Agenda Item 3)

Cllr J R Sandy expressed an interest in Agenda Item 5, Licensing Act 2003 – Public Consultation on Review of the Council’s Statement of Licensing Policy – as he is a member of the Executive and would be considering the recommendation from this Committee at the next meeting of the Executive.

Note: The Chairman agreed to take Agenda Items 6 and 7 at this point, following consideration of which Cllr Sandy left the meeting.
PART I – RECOMMENDATIONS TO COUNCIL

There are no matters falling within this category.
MATTERS OF REPORT

Background Papers (CEx)

The background papers relating to the following items in Parts II and III are as specified in the Agenda for the meeting of the Licensing and Regulatory Committee.
PART II – Matters reported in detail for the information of the Council

30. LICENSING ACT 2003 – PUBLIC CONSULTATION ON REVIEW OF THE COUNCIL’S STATEMENT OF LICENSING POLICY (Agenda Item 5; Appendix A)

30.1 The existing Statement of Licensing Policy had been approved by the Council in December 2004, following a period of public consultation. This had necessarily been drafted before the Council had experience of the Licensing Act.A copy of the current Policy had been issued to members of this Committee as part of the Licensing Information Pack, handed out at training sessions in June 2007. It had been a key document during the transfer in 2005 of licensing functions from the Magistrates Court to the Council as ‘Licensing Authority’. However, the legislation obliged licensing authorities to review their licensing policies on a three-year cycle. Officers had been able to refine this initial Statement in the light of the Committee experience of the operation of the Act and the close partnership working with Surrey Police, Fire and Rescue and Trading Standards.

30.2 The Committee received a copy of the existing Statement of Licensing Policy which incorporated the changes proposed by (1) the Responsible Authorities at the initial stage, and (2) amendments from officers to reflect the revised Government Guidance issued on 28th June 2007, and (3) amendments recommended by officers in response to the consultation responses.

30.3 The Committee noted the letters of representation and summary of comments received during the review, and officer comments on them with proposals for change, where appropriate, together with the comments from Surrey Police who had been pleased with the way the Act had been implemented within Waverley.

30.4 Members noted that the Council recovers only around 75% of its Licensing Act 2003 costs from the fee structure and asked that representation be made to the Government to increase fees to enable Licensing Authorities to recover 100% of their costs as had been promised in earlier consultation.

30.5 The Committee noted the comment from Waverley’s Environmental Health Department, as a Responsible Authority under the Act, regarding the implications of the Smoke Free Legislation on licensed premises in respect of nuisance and public order issues. Members acknowledged the conflict between the Licensing and Smoke Free Legislation and requested that representations be made to the Government to address this problem.

30.6 The Committee considered the proposed amendments to the Statement of Licensing Policy and agreed some points of clarification and minor amendments. It also asked that the Table of Delegation be included in the revised Policy to help to make the process more transparent for applicants. It was then

RESOLVED that,

1. the Executive be RECOMMENDED to consider the final revised version of the Statement of Licensing Policy for Waverley as revised at this meeting, so that it can be approved by the Council and be formally adopted in time for the statutory implementation deadline of 7th January 2008;

2. that representation be made to the appropriate Government departments to:

i. increase licensing fees to enable Licensing Authorities to recover all of their costs; and

ii. better align the Licensing and Smoke Free Legislation

3. the officers be commended for their excellent work on this matter.
PART III – Brief Summaries of other matters dealt with

31. ACTION TAKEN SINCE THE LAST MEETING (Agenda Item 4)

The Committee noted the action taken by the Head of Committee and Member Services, in consultation with the Chairman and Vice-Chairman, that:
32. MINUTES OF THE MEETINGS OF THE LICENSING (GENERAL PURPOSES) SUB-COMMITTEE (Agenda Item 6, Appendix B)

RESOLVED that the Minutes of the Meeting of the Licensing (General Purposes) Sub-Committee held on 18th October 2007 be noted.

33. MINUTES OF THE MEETINGS OF THE LICENSING ACT 2003 SUB-COMMITTEES (Agenda Item 7, Appendices C, D and E)

RESOLVED that the following Minutes of the Meetings of the Licensing Act 2003 Sub-Committees be noted:

i. Sub-Committee ‘B’ held on 11th October and 25th October 2007;

ii. Adjourned Meeting of Sub-Committee ‘B’ held on 25th October 2007; and

iii. Sub-Committee ‘E’ held on 1st November 2007.
The meeting commenced at 7.00pm and concluded at 7.53pm.

comms\licensing\2007-08\071 Regulatory mins 201107.doc