Agenda and minutes

Apologies were received from Dr Martin Dudley and Chris Punter.

There were none.

To receive the Order of the Court of Common Council, 25 April 2013, appointing the Committee and approving its Terms of Reference (copy attached).

The Order of the Court of Common Council, 25 April 2013, appointing the Committee and approving its Terms of Reference was received.

To elect a Chairman in accordance with Standing Order No. 29.

Members proceeded to elect a Chairman pursuant to Standing Order No. 29. The Town Clerk read out a list of Members eligible for the Chair, and Marianne Fredericks, being the only Member indicating her willingness to serve was duly elected Chairman for the ensuing year, and took the Chair.

To elect a Deputy Chairman in accordance with Standing Order No. 30.

The Committee proceeded to elect a Deputy Chairman in accordance with Standing Order No.30.

Deputy Edward Lord, the Immediate Past Chairman, exercised his right to be Deputy Chairman and was duly elected.

LATE CHAIRMAN – VOTE OF THANKS

RESOLVED UNANIMOUSLY –

THAT the Members of this Committee take great pleasure in expressing to

DEPUTY EDWARD LORD OBE JP

their sincere gratitude and appreciation for the extraordinary dedication he has shown in all aspects of work of this Committee and the exemplary manner in which he has presided over their proceedings during the last three years as the Chairman of the Licensing Committee.

HE has been very active in the work of the Committee and has shown great leadership in steering the Committee through a period of change in legislation affecting licensed premises, including the provision of a new licensing regime for Sexual Entertainment Venues, the introduction of the Police Reform and Social Responsibility Act 2011 and the Live Music Act 2012. 

Under Mr Lord’s chairmanship, the City Corporation through its Licensing Committee undertook its responsibilities as a licensing authority with diligence and vision, evidenced in the thorough review of the City Corporation’s Statements of Licensing Policy under the Licensing Act and of its Licensing Principles under the Gambling Act.

HE has shown exceptional foresight in promoting the introduction of a ground-breaking Code of Practice and a risk matrix for licensed premises and the comprehensive Pool of Conditions list for use in Premises Licences.

During his tenure, over fifty licensing hearings took place, including eight reviews, and he paid particular attention to improving the format of Licensing (Hearing) Sub Committee reports.  He also showed an active interest in the Olympic preparedness of licensed premises in the City ahead of the London 2012 Games.

Throughout his term of office, Edward Lord

To appoint three Members, in addition to the Chairman and Deputy Chairman of the Grand Committee, to chair Licensing (Hearing) Sub Committee meetings, and to appoint the Reference Sub Committee for the ensuing year.

The Committee proceeded to appoint the Licensing (Hearing) Sub Committee Chairmen and the Reference Sub Committee for the ensuing year. Following a ballot three Sub Committee Chairmen were elected in addition to the Chairman, Deputy Chairman and Past Grand Committee Chairmen.

          RESOLVED – That the Licensing (Hearing) Sub Committee Chairmen and the Reference Sub Committee for 2013/14 comprise of the following Members:

          Chairman, Marianne Fredericks

          Deputy Chairman, Deputy Edward Lord       

The Revd Dr Martin Dudley

Peter Dunphy

James Tumbridge and;

          Past Grand Committee Chairmen

To agree the public minutes and summary of the meeting held on 14 January 2013 (copy attached).

The public minutes of the meeting held on 14 January 2013 were approved as a correct record.

Matters Arising

Code of Practice Launch

The Chairman thanked officers and those who attended the Code of Practice Launch event on 9 April 2013.

The Committee received the public minutes of the following Licensing (Hearing) Sub Committees: -

The Comptroller & City Solicitor to be heard.

The Comptroller and City Solicitor informed the Committee that there were no outstanding appeals.

Report of the Director of Markets and Consumer Protection (copy attached).

A report of the Director of Markets and Consumer Protection detailed the premises licences and variations to premises licences granted under the Licensing Act 2003 by the Licensing Service from 1 January 2013 to 31 March 2013. The report also provided a summary of the enforcement action taken under the Licensing Act 2003 between 1 January 2013 and 31 March 2013.

A discussion took place on the conditions placed on the premises licences granted under delegated authority. In response to a question by a Member the Licensing Manager explained that a number of conditions were offered by the applicant in question and a compromise had been reached on the number of conditions placed on the premises licence.

Members emphasised that the conditions placed on premises licences should be minimal, effective and enforceable.

In relation to a question raised by a Member on the breakdown of complaints the Licensing Manager explained that reports would contain more detail in the future.

RECEIVED

Report of the Director of Markets and Consumer Protection (copy attached).

A report of the Director of Markets and Consumer Protection which explained that the City Corporation was required to set annual fees for those premises requiring a licence under the Gambling Act 2005 was considered. The report outlined recent case law which indicated that the process for setting fees must be robust and that income received through the licensing process could not exceed the cost of obtaining income.

The Licensing Manager explained that the proposed fees would result in a small reduction of income compared with previous years however once all licensing activities were carried out by the licensing service the net result would not affect budget income targets.

In response to a question by a Member it was noted that a profit could not be made from the income generated from the annual fee.

RESOLVED – That Members agree the proposed fees for 2013/14 (as set out in Appendix 2 of the report).

Report of the Director of Markets and Consumer Protection (copy attached).

A report of the Director of Markets and Consumer Protection detailed the Business Plan for 2013-16 for the Department of Markets & Consumer Protection. The Business Plan identified some of the key achievements from the past year and set out what the Department aimed to achieve for this year; the standards that will be attained and where this fit in with the corporate plans.

Members proceeded to discuss the report and, in particular, the key performance indicators (KPI’s) set for 2013/14. It was noted that the performance indicator (PI1) would be amended from 75% to 90% and would therefore read as follows:

‘To ensure that, within 12 months, 90% of premises entering the red or amber zone are brought back to the amber of green zone respectively’.

Members requested that the Committee be informed in future on the KPI’s set for previous years and the monitoring and performance of the current KPI’s. 

RESOLVED – That Members approve the contents of the report and the appendix subject to the above amendment.

Verbal update by the Director of Markets and Consumer Protection.

The Director of Markets and Consumer Protection explained that a report would be produced detailing the overlaps, if any, of the various licensing activities undertaken to look at whether any changes or improvements could be made.

City Police

In response to a question by the Deputy Chairman, the Director of Markets & Consumer Protection undertook to speak to the Commissioner on the role and legal duties of the City Police in relation to licenced premises. 

Training Session

The Chairman thanked Members who attended the morning training session which was provided by a solicitor from Poppleston Allen. It was noted that further training courses would be arranged for Members.

Licensing Handbook

It was noted that a handbook containing relevant information for Licensing (Hearing) Sub Committees would be created and provided to Members of the Committee.

Licensing Committee Dinner

The Chairman and Deputy Chairman thanked all Members who attended the recent Licensing Committee dinner.