Agenda item

- to consider the report of the Head of Neighbourhood Services concerning various issues relating to the operation of the Licensing Committee and its Sub-Committee.

The Committee considered a report of the Head of Neighbourhood Services relating to various issues concerning the Council’s functions in accordance with the provisions of the Licensing Act 2003:-

 

(1) Delegation of Functions

 

Pursuant to Minute No. B105 of the meeting of the Cabinet held on 8th December, 2004, consideration was given to a scheme of delegation of functions in accordance with the provisions of the Licensing Act 2003.

 

Resolved:- That the following scheme of delegation of Licensing Act 2003 functions be approved:-

 

Matter to be dealt with                                Delegated to

 

Application for Personal Licence                   Sub-Committee (if a Police objection

                                                                                    is made)

 

Application for Personal Licence                   Licensing Officers (if no Police

                                                                                    objection is made)

 

Application for Personal Licence,                   Sub-Committee (all cases)

with unspent convictions

 

Application for Premises Licence /   Sub-Committee (if a relevant

Club Premises Certificate                                          representation is made)

 

Application for Premises Licence      /          Licensing Officers (if no relevant

Club Premises Certificate                                          representation is made)

 

Application for Provisional Statement            Sub-Committee (if a relevant

                                                                                    representation is made)

 

Application for Provisional Statement            Licensing Officers (if no relevant

                                                                                    representation is made)

 

Application to vary Premises              Sub-Committee (if a relevant

Licence / Club Premises Certificate             representation is made)

 

Application to vary Premises              Licensing Officers (if no relevant

Licence / Club Premises Certificate             representation is made)

 

Application to vary designated                       Sub-Committee (if a Police

Personal Licence holder                                             objection is made)

 

Application to vary designated                       Licensing Officers (all other cases)

Personal Licence holder

 

Request to be removed as                 Licensing Officers (all cases)

Designated Personal Licence holder

Application for transfer of Premises Sub-Committee (if a Police

Licence                                                                       objection is made)

 

Application for transfer of Premises Licensing Officers (all other cases)

Licence

 

Application for Interim Authorities                 Sub-Committee (if a Police

                                                                                    objection is made)

 

Application for Interim Authorities                 Licensing Officers (all other cases)

 

Application to review Premises                      Sub-Committee (all cases)

Licence / Club Premises Certificate

 

Decision on whether a complaint is   Sub-Committee (where matter is

irrelevant, frivolous, vexatious, etc.                 referred by Licensing Officers)

 

Decision on whether a complaint is   Licensing Officers (all other cases)

irrelevant, frivolous, vexatious, etc.

 

Determination of a Police                               Sub-Committee (all cases)

representation to a Temporary

Notice event

 

(2) Composition of and Arrangements for the Sub-Committee of the Licensing Committee

 

Consideration was given to the composition of and arrangements for meetings of the Sub-Committee of the Licensing Committee, which is charged with the responsibility of hearing applications for licences issued in accordance with the provisions of the Licensing Act 2003, together with any representations received about such applications.

 

Resolved:- (a) That the Licensing Sub-Committee shall comprise any three Members of the Licensing Committee, the membership of any individual meeting/hearing being arranged on an ad hoc basis, according to the availability of Members.

 

(b) That a substitute Member be appointed for every Sub-Committee meeting/hearing, in case of the unexpected absence or unavailability of one of the appointed Members.

 

(c) That the Head of Legal and Democratic Services prepare a schedule of provisional dates during 2005, on which the meetings/hearings of the Licensing Sub-Committee are to take place.

 

(d) That, generally, meetings/hearings of the Licensing Sub-Committee shall take place at the Town Hall, Rotherham, unless the circumstances of an application require a larger and/or an alternative venue.

 

(e) That, generally, Members of the Licensing Committee shall not be required to be a Member of the Licensing Sub-Committee which considers an application for a licence in respect of premises which are situated within the Electoral Ward they represent, nor for premises which are situated near to or in the vicinity of their home address.

 

(f) That every effort be made to ensure that the workload of the Licensing Sub-Committee is shared as equally as possible between the fifteen Members of the Licensing Committee.

 

(g) That Members of the Licensing Committee shall make themselves available for necessary training to enable them to carry out the duties and functions required of the Licensing Authority by the provisions of the Licensing Act 2003.

 

(3) Procedure to be used at Sub-Committee Hearings

 

Consideration was given to the contents of the procedure to be used at hearings of the Sub-Committee, when the Sub-Committee is to consider applications for which representations have been received. It was noted that this procedure had been drafted in accordance with the Regulations to the Licensing Act 2003, issued by the Government on 14th January, 2005.

 

Resolved:- That the procedure for Sub-Committee hearings, as now submitted, be approved, except insofar as there shall be a statement at or near the beginning of the procedure that the Sub-Committee may exclude the public from all or part of a hearing (such a statement is also included within paragraph 11, the conclusion of the procedure).

 

(4) Fees for Copies of Entries from the Licensing Register

 

Consideration was given to the charging of fees in respect of requests from people wishing to be supplied with copies of the information contained in the licensing register.

 

Resolved:- (a) That people wishing to be supplied with copies of the information contained in the licensing register shall be charged the actual cost incurred by the Licensing Authority in providing that information, both in terms of the Officer time spent dealing with the request and for the copying and/or printing of documents.

 

(b) That the level of fees being charged for the provision of information contained within the licensing register be reviewed in three months’ time.