Meeting documents
Licensing Committee
Friday, 28th August, 2009
BATH AND NORTH EAST SOMERSET COUNCIL
LICENSING COMMITTEE
DRAFT MINUTES OF THE MEETING OF 28 AUGUST 2009
Present:- Councillors Anthony Clarke, Tim Ball, Carol Paradise, Tim Warren (Chairman)
Also in attendance: Andrew Jones (Environmental and Licensing Manager), Shaine Lewis (Senior Legal Adviser)
21 EMERGENCY EVACUATION PROCEDURE
The Clerk read out the procedure.
22 ELECTION OF VICE-CHAIR(PERSON) IF DESIRED
RESOLVED that a Vice-Chair(person) was not required on this occasion
23 APOLOGIES FOR ABSENCE AND SUBSTITUTIONS
Apologies were received from Councillors Gabriel Batt, John Bull, Bryan Chalker, Gerry Curran, Steve Hedges, Malcolm Lees
24 DECLARATIONS OF INTEREST
There were none.
25 TO ANNOUNCE ANY URGENT BUSINESS AGREED BY THE CHAIRMAN
There was none.
26 ITEMS FROM THE PUBLIC - TO RECEIVE DEPUTATIONS, STATEMENTS, PETITIONS OR QUESTIONS
There were none.
27 MINUTES: 4TH AUGUST 2009
These were approved as a correct record and signed by the Chairman.
28 LICENSING ACT - NEW MINOR VARIATIONS
The Environmental and Licensing Manager introduced the report, which proposed an amendment to the Table of Delegations of Licensing Functions following the coming into force of The Legislative Reform (Minor Variations to Premises Licences and Club Premises Certificates) Order 2009 (SI 2009/1772). The Order amended the Licensing Act 2003 to create a category of `minor' variations to premises licences and club certificates and an alternative process for their determination, which removed the requirement for a hearing.
The Environmental and Licensing Manager explained that minor variations would generally fall into four categories:
(i) Minor changes to the structure or layout of a premises;
(ii) Small adjustments to licensing hours;
(iii) The removal of out of date, irrelevant or unenforceable conditions or addition of volunteered conditions; and,
(iv) The addition of certain licensable activities.
Variations seeking to extend opening hours or the hours during which alcohol could be sold would not be minor variations. The Licensing Authority would only be able to refuse a minor variation application if it considered that it would have an adverse impact on the licensing objectives.
RESOLVED
(i) to note the new provisions about minor variations added to the Licensing Act 2003 by The Legislative Reform (Minor Variations to Premises Licences and Club Premises Certificates) Order 2009;
(ii) to delegate to the Divisional Director, Environmental Services the authority to grant or refuse minor variations under the Licensing Act 2003;
(iii) to approve the proposed amendment of the Table of Delegations of Licensing Functions to grant authority to officers to grant or refuse minor variations under the Licensing Act 2003.
29 LICENSING ACT 2003 - REMOVAL OF THE REQUIREMENT FOR A DESIGNATED PREMISES SUPERVISOR OR PERSONAL LICENCE HOLDER AT COMMUNITY PREMISES
The Environmental and Licensing Manager introduced the report, which proposed an amendment to the Table of Delegations of Licensing Functions following the coming into force of The Legislative Reform (Supervision of Alcohol Sales in Church and Village Halls &c.) Order 2009 (SI 2009/1724). The Order amended the Licensing Act 2003 to provide that:
(1) Where a management committee which holds a premises licence in respect of community premises makes an application under section 34 for variation of the licence so as to authorise the supply of alcohol, the application may include an application for the alternative licence condition to be included in the licence instead of the conditions in section 19(2) and (3).
(2) A management committee which holds a premises licence in respect of community premises which includes the conditions in section 19(2) and (3) may make an application under section 34 for (or which includes an application for) variation of the licence to include the alternative licence condition instead of those conditions.
(3) In this section "the alternative licence condition" is the condition that every supply of alcohol under the premises licence must be made or authorised by the management committee."
A Member recalled instances of disorder at community premises, and said that he believed that sales of alcohol ought not to take place without a person with licensing training being in charge. He suggested that the change was a retrograde step and that the Committee should record its disapproval. One Member supported him, but another said that, while he believed that the liberalisation of the law relating to the sale of alcohol had had unfortunate consequences, he felt that the Licensing Committee was not the appropriate forum for Members to use to express their views to Government about this. After further discussion Members agreed that the Council should be requested to amend the Statement of Licensing Policy to recommend that the Licensing Authority would like to see that at least one member of a community premises management committee was a Personal Licence Holder.
RESOLVED
(i) to note the amendments made to the Licensing Act 2003 by The Legislative Reform (Supervision of Alcohol Sales in Church and Village Halls &c.) Order 2009;
(ii) to delegate to the Divisional Director, Environmental Services the authority to grant or refuse applications to remove the requirement for a Designated Premises Supervisor or Personal Licence Holder at community premises under the Licensing Act 2003;
(iii) to approve the proposed amendment to the Table of Delegations of Licensing Functions to delegate authority to officers to grant or refuse applications to remove the requirement for a Designated Premises Supervisor or Personal Licence Holder at community premises under the Licensing Act 2003;
(iv) to request that the Council give consideration to amending the Statement of Licensing Policy to recommend that the Licensing Authority would like to see that at least one member of a community premises management committee was a Personal Licence Holder.
The meeting finished at 10.22 am.
Chairman................................................
Date confirmed and signed.........................