Agenda and minutes

Councillor Boast (as Chairman) welcomed everyone to the first meeting of the Committee in the 2006/07 Municipal Year.

Apologies for absence were received from Councillors Vivien Giladi, Kieran McGregor & Ann Marie Pearce.

Members of the Council are invited to identify any personal or prejudicial interests relevant to items on the agenda.  A definition of personal and prejudicial interests has been attached for members’ information.

NOTED that no members of the Committee present at the meeting had any personal or prejudicial interests to declare in respect of items on the agenda.

To receive and confirm the minutes of the last Committee meeting held on the 16 March 2006.

AGREED that subject to the following amendment, the minutes of the meeting held on Thursday 16 March 2006 be received and confirmed as a correct record.

Min 1395 (page 1300): Monitoring Report on the Premises Licenses issued under the Licensing Act 2003 NOTED 3 be amended to read “over 99% of the premises applied for premises licenses by 24 November 2005 of which 28% applied to vary their license (including new applications for premises).”

To receive, pursuant to Section 100B(4) of the Local Government Act 1972 a report from the Director of Environment & Street Scene seeking comments on the Council’s draft Gambling Act 2005 Statement of Principles, prior to its release for formal consultation.                        (Report No.)

Licensing Committee is asked to consider dealing with this report as an urgent item in order to enable the draft Statement of Principles to be approved prior to the deadline for its release on formal consultation (17 July 2006).  This will allow the 3-month consultation period to be undertaken in advance of the statutory deadline for approval of the final Statement by full Council (on or before 3 January 2007).

Licensing Committee agreed to receive, pursuant to Section 100B(4) of the Local Government Act 1972, a report from the Director of Environment & Street Scene (No.74) seeking comments on the Council’s draft Gambling Act 2005 Statement of Principles, prior to its release on formal public consultation.

The report was being dealt with as an urgent item in order to enable the draft Statement of Principles to be considered and approved prior to the deadline for its release on public consultation (17 July 2006).  This would allow a 3-month consultation period in advance of the statutory deadline for approval of the final Statement, required by Council (on or before 3 January 2007).

NOTED

1.      that under the terms of the Gambling Act 2005 (due, at this stage, to be fully implemented in September 2007) the Council, as licensing authority would become responsible for the issue of premises licenses for casinos, bingo halls, betting shops, race tracks and fairs.  In addition the Council would issue permits for amusement arcades, slot machines in pubs & clubs, prize gaming and small lotteries;

2.   gambling operators and gambling personnel would be licensed by the Gambling Commission, with no input from the Council, as Licensing Authority;

3.      the Gambling Act required that the Council, in making decisions about premises licenses, should aim to permit the use of premises for gambling in so far as it thought the decision would:

a.      be in accordance with any relevant Code of Practice or guidance issued by the Gambling Commission;

b.      be reasonably consistent with the Licensing Objectives;

c.      be in accordance with the Council’s Statement of Principles;

4.      the Council, as Licensing Authority, was therefore required to prepare a Statement of Principles that they could apply in exercising their functions under the Gambling Act 2005, which in effect would become the Council’s Gambling Policy;

5.      the draft Statement of Principles for Enfield prepared by the Head of Licensing which, subject to any comments made by the Committee, would be released on a 3-month public consultation prior to submission to Council for formal approval.  The draft contained a number of gaps on which guidance/regulations were still awaited from the Gambling Commission/Secretary of State;

6.      the Council’s 3 main Licensing Objectives in the Gambling Act 2005 are:

a.      preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime;

b.            ensuring that gambling was conducted in a fair and open way;

c.            protecting children and other vulnerable persons from being harmed or exploited by gambling.

7.            that the Cabinet Member for Environment & Street Scene had identified 3 additional preventative measures that he felt should be included for consideration as specific conditions relating to the issue of Premises Licenses, under the objective of protecting children from harm.  These were as follows:

a.      that there will be tough preventative measures to prevent access by Under 18 year olds to adult only areas of premises;

b.      that there will be no access by under 16  ...  view the full minutes text for item 176.

TO CONSIDER PASSING A RESOLUTION UNDER SECTION 100A(4) OF THE LOCAL GOVERNMENT ACT 1972, EXCLUDING THE PRESS AND PUBLIC FROM THE MEETING FOR ANY ITEMS OF BUSINESS LISTED ON PART 2 OF THE AGENDA ON THE GROUNDS THAT THEY INVOLVE THE LIKELY DISCLOSURE OF EXEMPT INFORMATION AS DEFINED IN THOSE PARAGRAPHS OF PART 1 OF SCHEDULE 12A TO THE ACT, (AS AMENDED BY THE LOCAL GOVERNMENT (ACCESS TO INFORMATION) (VARIATION) ORDER 2006).

Members are asked to note that no items have currently been identified for consideration in Part 2 of the Agenda.

NOTED that no issues were identified for consideration under this item.