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WELCOME AND INTRODUCTIONS Minutes: The Chairman welcomed everyone to the meeting. |
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APOLOGIES FOR ABSENCE Minutes: Councillors Brett, E. Hayward and Lamprecht sent their apologies for absence. |
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DECLARATION OF INTERESTS Members are invited to identify any personal or prejudicial interests relevant to items on the agenda.
Please refer to the attached guidance note. Minutes: There were no declarations of interest. |
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MINUTES OF MEETING HELD ON 23 OCTOBER 2006 To agree the minutes of the meeting held on Monday 23 October 2006. Minutes: The committee agreed that minutes of the meeting held on 23 October 2006 were a correct record of the meeting. |
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GAMBLING ACT 2005 : DELEGATED POWERS To receive a report from the Director of Environment, Street Scene and Parks seeking approval to the delegation of powers under the Gambling Act 2005 and to confirm the procedure to be followed at Licensing Sub-Committee hearings. (Report No. 6) Minutes: RECEIVED the report of the Director of Environment, Street Scene and Parks (Report No. 6), introduced by Mark Galvayne, Licensing Officer.
NOTED
1. Under the new Gambling Act 2005, applications may begin to be received by the Council from 21 May 2007.
2. The Act had a number of sections, allowing various decisions to be taken under the Act, and the committee were asked to consider delegating powers to authorised officers, as set out in the report, to take appropriate decisions so that these do not need to be made unnecessarily by the Licensing Committee.
3. The Gambling Act 2005 (Procedures of Licensing Committees and Sub-Committees) Regulations 2007 provided that the procedure to be followed at hearings be notified to all parties to an application, and the committee were asked to approve the procedure set out in the report.
4. A replacement version of Appendix B was tabled, with typographical errors corrected.
5. The committee were invited to put forward any comments or questions.
6. In response to a query from Councillor Boast, it was confirmed that 10 copies were requested of all documents to be submitted at a hearing, to cover distribution to the three Members, legal representative, committee clerk, Council officers and other authorities.
7. With reference to persons permitted to address the hearing, Councillor Bond asked that the role of elected Members be made more clear. Mark Galvayne agreed to amend the procedure accordingly, in consultation with Councillor Bond.
8. Clarification by the Legal representative regarding necessary declarations by Members that they had not discussed the matter with any member of the sub committee hearing the application or review.
AGREED
(1) Approval to the proposals set out in Section 3 of the report to delegate certain powers to authorised officers (as listed in Appendix A) of the Environmental Protection and Regulation Division.
(2) Approval to the procedure to be followed at Licensing Sub-Committee hearings, as set out in Appendix B of the report, amended as below. For clarification the procedure is set out below.
PROCEDURE TO BE FOLLOWED AT HEARINGS OF THE LICENSING SUB-COMMITTEE
1. PURPOSE
1.1 The purpose of the hearing is for the Licensing Sub-Committee to gather evidence and understand the relevant issues in order that the Sub-Committee may determine the application.
2. PROCEDURE
2.1 The hearing will generally be in public but the Chairman may exclude the public from all or part of the proceedings where this is in the public interest.
2.2 The Sub-Committee shall be quorum with three Members of the Licensing Committee.
2.3 The Chairman will deal with introductions and explain the hearing procedure.
2.4 An equal maximum time will be allocated to all parties.
2.5 All parties must provide: their full name; private or business address and the name of the body they represent, if applicable.
2.6 The Sub-Committee will determine whether persons present will be permitted to address the hearing.
2.7 Where necessary, the Chairman may require spokespersons to be nominated to represent groups or other large numbers of ... view the full minutes text for item 28. |