Agenda and minutes

The Licensing Act 2003 created a new statutory duty for local authorities to license premises and persons for the sale of alcohol.  A report was presented to the Licensing and General Purposes Committee that covered the provisions of the legislation in detail.  The licensing regulations that accompanied the Act had been issued for consultation in October with the draft fees regulations following in early November.

The four Licensing Objectives in the Licensing Act 2003 were the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm.

Additionally, the DCMS expected that the changes to opening hours and the availability of a wide range of customer-oriented premises with a greater flexibility in the sale of alcohol would assist tourism and the local economy.  All these issues were central to Corporate Priorities and had a particular relevance to a Safer Harrow.

The report presented the Draft Licensing Policy to the Licensing and General Purposes Committee and asked Members to make any final comments prior to referring the Policy to Council for final approval. Members noted the revised Policy circulated and following consideration

Resolved to RECOMMEND:

That the Draft Licensing Policy detailed in Appendix 1 be approved.

(See also Minute 41).

To note the appointment of Councillor Idaikkadar at Council on 21 October 2004 under the provisions of Committee Procedure Rule 2 (Part 4B of the Constitution), as Chair of this Committee for the remainder of the Municipal Year 2004/05.

RESOLVED:  That the appointment at the Council meeting on 21 October 2004 of Councillor Idaikkadar as Chair of the Licensing and General Purpose Committee for the remainder of the Municipal Year 2004/2005 be noted.

To consider the appointment of a Vice-Chair of the Committee for the remainder of the Municipal Year 2004/05.

Councillors Ann Groves and Knowles both having been nominated to this office and upon a vote having been taken, there was an equality of votes cast for each nominee. The Chair, Councillor Idaikkadar, exercised his casting vote in favour of Councillor Ann Groves.

RESOLVED: That Councillor Ann Groves be appointed Vice-Chair of the Licensing and General Purposes Committee for the remainder of the Municipal Year 2004/2005.

To note the attendance at this meeting of any duly appointed Reserve Members.

Reserve Members may attend meetings:-

(i)                 to take the place of an ordinary Member for whom they are a reserve;

(ii)               where the ordinary Member will be absent for the whole of the meeting; and

(iii)             after notifying the Chair at the start of the meeting.

RESOLVED:  To note the attendance at this meeting of the following duly appointed Reserve Member:-

To receive declarations of personal or prejudicial interests, arising from business to be transacted at this meeting, from all Members present.

RESOLVED:  To note that there were no declarations of interests made by Members in relation to the business transacted at this meeting.

To consider whether any of the items listed on the agenda should be considered with the press and public excluded on the grounds that it is thought likely, in view of the nature of the business to be transacted, that there would be disclosure of confidential information in breach of an obligation of confidence or of exempt information as defined in the Local Government (Access to Information) Act 1985.

RESOLVED:  That all items be considered with the press and public present.

That the minutes of the Special meeting held on 17 May, of the ordinary meeting held on 16 June and of the Special meeting held on 5 July 2004, having been circulated, be taken as read and signed as correct records.

RESOLVED:  That the minutes of the Special meeting held on 17 May, the ordinary meeting held on 16 June and the Special meeting held on 5 July 2004, having been circulated, be taken as read and signed as correct records.

To receive questions (if any) from local residents or organisations under the provisions of Committee Procedure Rule 18 (Part 4B of the Constitution).

RESOLVED:  To note that there were no public questions, petitions or deputations submitted to this meeting under the provisions of Committee Procedure Rules 18, 15 and 16 (Part 4B of the Constitution) respectively.

The Committee is requested to:-

(1) re-establish its subsidiary bodies;

(2) appoint Chairs to those bodies under Committee Procedure Rule 3; and

(3) consider appointing additional Members to the Personnel Appeals Panel Pool of Members.

(The proposed subsidiary bodies and their memberships are as set out in the attached Appendix further to the nominations provided by the political groups on the Council. The nominations by the Labour Group for the appointment as the Chairs of the subsidiary bodies are also indicated).

RESOLVED: That the Licensing and General Purposes Panels be re-established for the remainder of the Municipal Year 2004/05 with the Memberships and Chairs detailed in Appendix 2.

Report of the Chief Environmental Health Officer.

(Note: The Appendices are to follow).

Further to Recommendation I above, the Committee considered a report of the Chief Environmental Health Officer which sought Members’ views on the Draft Licensing Policy prior to it being referred to Council for final consideration.

The draft Policy contained the statutory duties that the Authority was required to comply with in relation to the sale of alcohol and the licensing of premises following the newly created Licensing Act 2003.  Members were notified that although the Policy was effective from the period 7 January 2005 to 6 January 2008, it would be kept under constant review and there was scope for amending the document.

In the discussion that followed, Members sought clarification on a number of issues.  Responding to a question raised on the position of licensing fees and charges, the officer informed Members that the Government had published these for consultation.  Although the date for formal publication of the fees was unknown, they were expected to be published before the legislative requirement to publish the Licensing Policy by 7 January 2005. 

With regard to the prevention of crime and disorder, it was advised that there were mechanisms in place to control unruly behaviour which occurred away from any licensed premises such as planning controls, exclusion zones, and partnership working with the Police, local residents, businesses and other such stakeholders.

In addition, the Committee was informed about Pubwatch, a community based crime prevention scheme organised by the licensees themselves to afford each other confidence and support, as well as some form of protection.  The scheme was a message passing link between licensees, the object of which was to combat violence and other criminal conduct.  It also provided better communication between licensees and police, and provided a forum for the discussion and solution of problems relating to violence on licensed premises.  Members welcomed the scheme.

Arising from discussions, Members felt that with the forthcoming changes and expected increase in meetings there ought to be training sessions arranged, particularly for the Chairs. Responding, the officer confirmed that all Members who would sit on the Licensing Panel would statutorily have to be trained and training sessions were in the process of being drawn up prior to full implementation of the new regime.

Members congratulated officers on their hard work in preparing the report and also on the clear and concise way in which it was presented.

RESOLVED:  That the report be noted.