Meeting documents
Licensing Act 2003 Committee
Wednesday, 31st May 2006
Present
Chair
AC Hodson
Councillors
IO Coates, WJ Davies, WA Duffey, DJ Hunt, G Leech, SR Mountney, SAM Niblock, DE Roberts, SL Rowlands, JJ Salter, H Smith, CM Teggin, Mrs P M Williams
Index to Minutes
- Minute 1 - DECLARATIONS OF INTEREST
- Minute 2 - MINUTES
- Minute 3 - APPOINTMENT OF THE LICENSING ACT 2003 SUB-COMMITTEES
- Minute 4 - ENFORCEMENT PROTOCOL
- Minute 5 - SCHEME OF DELEGATION - SECTION 34 GAMING MACHINE PERMITS
Minute 1 - DECLARATIONS OF INTEREST
Minute Text :
The Head of Legal and Member Services invited members to consider whether they had any personal or prejudicial interests relating to items on the agenda and, if so, to declare them and state what they were.
No declarations were made.
Minute 2 - MINUTES
Minute Text :
The Head of Legal and Member Services requested that the minutes of the meeting of the Licensing Act 2003 Committee held on 6 June, 2005, which were received by Council on 11 July, 2005, be received.
Minute Decision :
Resolved - That the minutes of the meeting of the Licensing Act 2003 Committee held on 6 June, 2005, which were received by Council on 11 July, 2005, be received.
Minute 3 - APPOINTMENT OF THE LICENSING ACT 2003 SUB-COMMITTEES
Minute Text :
In accordance with Standing Order 25(1), the Head of Legal and Member Services reported upon the need to appoint members of the Licensing Act 2003 Sub-Committees.
Minute Decision :
Resolved -
(1) That each Licensing Act 2003 Sub-Committee meeting be comprised of three members and one reserve member to be drawn from the pool of fifteen Committee members.
(2) That the Chairs of the Sub-Committees be appointed on the day of each meeting.
Minute 4 - ENFORCEMENT PROTOCOL
Minute Text :
The Director of Regeneration submitted a report which sought Members' approval of a draft Enforcement Protocol between the Licensing Authority and other enforcement agencies under the Licensing Act 2003. Under the Act, the Licensing Authority and the Responsible Authorities, as defined in the Act, were required to promote the following objectives, in relation to premises and people licensed under the Act:
- The Prevention of crime and disorder
- Public safety
- The Prevention of nuisance
- The Protection of children from harm
The Government had recommended that Licensing Authorities establish protocols on enforcement issues. The principal relationship that needed to be defined related to that between the Police and the Local Authority. However, other agencies also had a statutory defined role, a role that frequently overlapped between agencies. The role of these agencies was also defined within this protocol. The aim of the enforcement protocol was to clearly establish the roles played principally by each enforcement agency in relation to inspecting premises for compliance with the requirements of the Licensing Act 2003. This protocol sought to build upon the good working relationships that currently existed between the enforcement agencies.
All signatories to this protocol recognised the interest of both citizens and businesses and would work closely to assist licence holders to comply with the law and the four licensing objectives it sought to promote. Proportionate but firm action would be taken against those who committed serious offences or who consistently broke the law.
This protocol should also provide for the targeting of agreed problem and high risk premises which required greater attention, while providing a lighter touch in respect of low risk premises which were well run.
Minute Decision :
Resolved - That the draft Enforcement Protocol be approved.
Minute 5 - SCHEME OF DELEGATION - SECTION 34 GAMING MACHINE PERMITS
Minute Text :
The Director of Regeneration submitted a report on a review of matters delegated to the Director of Regeneration and his Licensing Officers in relation to Section 34 Gaming Machine Permits.
On 24 November 2005 the Licensing Act 2003 transferred the responsibility for issuing Permits under Section 34 of the Gaming Act 1968 to the Wirral Licensing Authority. Under the Licensing Act 2003, premises licensed for the sale of alcohol for consumption on the premises had to apply to the Wirral Licensing Authority for Section 34 Gaming Permits. Previously these permits were granted by Wirral Borough Magistrates Court. Licensing Officers did not currently have delegated authority to grant Section 34 Gaming Permits for Licensed Premises, therefore, all applications were referred to the Licensing Act 2003 Sub-Committee for consideration. Licensing Authorities were not permitted to attach conditions on the grant of a Section 34 Permit other than the number of machines authorised under it.
Section 5.123 of the Guidance issued under the Licensing Act 2003 recommended that licensing authorities should indicate that its licensing committee would be prepared to grant permits authorising up to two machines without a hearing. Members of the Committee were requested to consider whether the Director of Regeneration and his Officers could be granted delegated powers to renew permits and also to grant new Permits, under Section 34 of the Gaming Act 1968 for premises requesting up to two machines.
Those applying for the grant of a new permit were required to serve a copy of a plan of the premises showing the location of the gaming machines along with their application.
Further reports would be submitted to this Committee in respect of the requirements of the Gambling Act 2005. This might require a review of the functions delegated to the Licensing Act 2003 Committee.
In response to comments from Members, the Head of Licensing informed the Committee that permits were currently renewed every two years. Under the Gambling Act licensed premises would automatically have the right to have 2 gaming machines but would have to make application to the Licensing Authority if any additional gaming machines were required.
Minute Decision :
Resolved - That subject to the approval of the Council, the Scheme of Delegation be amended to give the Director of Regeneration delegated powers under the Gaming Act 1968 (as amended by the Licensing Act 2003) -
(i) to renew gaming machine permits, and
(ii) to grant new permits for premises applying for up to two machines.
(Minutes Published: 14 June 2006)