|Date: Tuesday 19th July 2016 Time: 10.00 a.m. Place: Council Chamber, Civic Centre, Ebbw Vale|
|Present||And||Report to||Report of|
|COUNCILLOR MRS. D. ROWBERRY (CHAIR)|
Councillors M. Bartlett (Vice-Chair)
W. J. Williams M.B.E., J.P.
The Chair welcomed the newly appointed Vice-Chair, Councillor M. Bartlett to the Committee.
Apologies for absence were received from:-
Councillors D. Bevan, M. Lewis, A. Lewis
DECLARATIONS OF INTEREST AND DISPENSATIONS
No declarations of interest or dispensations were reported.
LICENSING ACT 2003 STATEMENT OF LICENSING POLICY
Appendix A (111K/bytes)
Appendix B (392K/bytes)
Consideration was given to report of the Team Leader Licensing.
The Team Leader Licensing presented the report. He explained that the Licensing Act 2003 (as amended) required the Licensing Authority to publish a five yearly Statement of Licensing Policy, which outlined how it would administer and enforce the Act. The Policy could only be approved by full Council and could not be delegated to the Licensing Committee.
The Policy had been revised in collaboration with colleagues from the Gwent Licensing Forum, which enabled a consistent approach across the Gwent Police Authority area with each Local Authority intending to adopt a similar Statement of Licensing Policy.
The Officer said the main revisions to the Policy resulted from changes to primary legislation amending the Licensing Act 2003, and revised Guidance issued by the Secretary of State under S182 of the Act, and these were bullet pointed at section 3.2 of the main report.
Statutory consultation was undertaken. The Aneurin Bevan University Health Board provided a detailed response, and this was outlined at Appendix A. Many elements of the Health Board's response have been incorporated into the revised draft Policy.
He confirmed that further statutory consultation was carried out of public houses, takeaways, off-licences, members and workingmen's clubs, Gwent Police and South Wales Fire and Rescue Service. No responses or objections were received.
A Member referred to section 14 of the Policy, rights of representations, and expressed concern that he and his Ward colleagues was not informed of a recent application to re-open a public house within their Ward, as they would have put forward objections to the application.
In response the Officer said he was unaware of the details, however, he understood that the Licensing Team had accepted that there was a break-down in communication on this occasion, but assured that this would not happen again.
In terms of the Policy, Local Councillors have the right to representation. However, in terms of advertisement and notification of the application, by law the Authority was only required to ensure that an advert was placed in a local press publication and notices displayed outside the premises. In relation to the application referred to the Officer confirmed that this was done, and the application dealt with correctly and in compliance with the legislation. The application was also advertised on the Authority's website.
However, he said it was good practice to ensure that all interested parties were notified, and the Officer apologised that this did not happen on this occasion where Members were concerned.
The Solicitor confirmed that the Monitoring Officer had corresponded with the Member on this issue.
In response to a question raised by a Member, the Officer explained that any responsible authority or other persons could ask for a review of a licence. This request could be made to the Licensing Department and there was no cost involved. However, any request for a review must include sufficient evidence to warrant bringing a review before the Licensing Sub-Committee.
RESOLVED that the report be accepted and the Licensing Committee support the revised Policy, as put forward by Officers, and recommend that it be approved by full Council.
|DECISIONS UNDER DELEGATED POWERS|