Agenda, decisions and minutes

Licensing Committee
Thursday, 9th June, 2016 4.00 pm

Venue: Committee Room 3 - City Hall, Bradford. View directions

Contact: Claire Tomenson 

Items
No. Item

1.

DISCLOSURES OF INTEREST

(Members Code of Conduct - Part 4A of the Constitution)

 

To receive disclosures of interests from members and co-opted members on matters to be considered at the meeting. The disclosure must include the nature of the interest.

 

An interest must also be disclosed in the meeting when it becomes apparent to the member during the meeting.

 

Notes:

 

(1)       Members may remain in the meeting and take part fully in discussion and voting unless the interest is a disclosable pecuniary interest or an interest which the Member feels would call into question their compliance with the wider principles set out in the Code of Conduct.  Disclosable pecuniary interests relate to the Member concerned or their spouse/partner.

 

(2)       Members in arrears of Council Tax by more than two months must not vote in decisions on, or which might affect, budget calculations, and must disclose at the meeting that this restriction applies to them.  A failure to comply with these requirements is a criminal offence under section 106 of the Local Government Finance Act 1992. 

 

(3)       Members are also welcome to disclose interests which are not disclosable pecuniary interests but which they consider should be made in the interest of clarity.

 

(4)       Officers must disclose interests in accordance with Council Standing Order 44.

 

Minutes:

No disclosures of interest in matters under consideration were received.

 

2.

MINUTES

Recommended –

 

(1)       That the minutes of the Committee meeting held on 23 November 2015 be signed as a correct record (previously circulated).

 

(2)       That the minutes of the Bradford District Licensing Panel held on the following dates be signed as a correct record (previously circulated):

 

23 November 2015

2 February 2016

29 February 2016

22 March 2016                    

 

(Claire Tomenson – 01274 432457)

Minutes:

Resolved –

 

(1)       That the minutes of the Committee meeting held on 23 November 2015 be signed as a correct record (previously circulated).

 

(2)       That the minutes of the Bradford District Licensing Panel held on the following dates be signed as a correct record (previously circulated):

 

23 November 2015

2 February 2016

29 February 2016

22 March 2016                    

 

3.

INSPECTION OF REPORTS AND BACKGROUND PAPERS

(Access to Information Procedure Rules – Part 3B of the Constitution)

 

Reports and background papers for agenda items may be inspected by contacting the person shown after each agenda item.  Certain reports and background papers may be restricted. 

 

Any request to remove the restriction on a report or background paper should be made to the relevant Strategic Director or Assistant Director whose name is shown on the front page of the report. 

 

If that request is refused, there is a right of appeal to this meeting. 

 

Please contact the officer shown below in advance of the meeting if you wish to appeal. 

 

(Claire Tomenson - 01274 432457)

 

Minutes:

There were no appeals submitted by the public to review decisions to restrict documents. 

 

4.

APPOINTMENT OF SUB COMMITTEE

Previous Reference: Council Minute 63 (2004/05) and Minute 10 (2013/14)

 

At the meeting of Council on 19 October 2004 the membership and terms of reference for the Licensing Committee were approved and subsequently amended at the Annual General Meeting of Council on 21 May 2013.  The Licensing Committee is formally required to appoint its sub committee as set out in the terms of reference for the 2016/17 Municipal Year

 

Recommended –

 

(1)       That the Bradford District Licensing Panel (sub-committee) be appointed, with the functions as indicated in the terms of reference approved by Council on 9 October 2004 and amended on 21 May 2013.

 

(2)       That the Licensing Panel shall comprise three members.

 

(3)       That the Bradford District Licensing Panel shall include the Chair of the Licensing Committee (or Deputy Chair when the Chair is unavailable) who shall chair the Panel and two other members of the Licensing Committee drawn on a rota basis.

 

(4)       That the quorum of the Bradford District Licensing Panel shall be three members.

 

(Claire Tomenson – 01274 432457)

 

Minutes:

Previous Reference: Council Minute 63 (2004/05) and Minute 10 (2013/14)

 

At the meeting of Council on 19 October 2004 the membership and terms of reference for the Licensing Committee were approved and subsequently amended at the Annual General Meeting of Council on 21 May 2013.  The Licensing Committee is formally required to appoint its sub committee as set out in the terms of reference for the 2016/17 Municipal Year

 

Resolved –

 

(1)       That the Bradford District Licensing Panel (sub-committee) be appointed, with the functions as indicated in the terms of reference approved by Council on 9 October 2004 and amended on 21 May 2013.

 

(2)       That the Licensing Panel shall comprise three members.

 

(3)       That the Bradford District Licensing Panel shall include the Chair of the Licensing Committee (or Deputy Chair when the Chair is unavailable) who shall chair the Panel and two other members of the Licensing Committee drawn on a rota basis.

 

(4)       That the quorum of the Bradford District Licensing Panel shall be three members.

 

Action: City Solicitor/Committee Secretariat

 

 

 

5.

REVIEW OF PREMISES LICENCE FEES UNDER THE GAMBLING ACT 2005 (Document "A") pdf icon PDF 185 KB

The Assistant Director, Environmental and Regulatory Services will present a report (Document “A”) that seeks approval of an increase to the current gambling premises licence application fees by 1%, with changes to come into effect on 10 June 2016.

 

Recommended –

 

That the current application fees be increased by 1% and annual fees be maintained for 2016/17, as set out in Appendix 1 to Document “A”.

 

                                                                        (Tracey McLuckie - 01274 432240)

 

Minutes:

The Assistant Director, Environmental and Regulatory Services presented Document “A”  which sought approval of an increase to the current gambling premises licence application fees by 1%, with changes to come into effect from 10 June 2015.

 

Members were informed that the Secretary of State had set a maximum fee payable for each band and the current fees were set between approximately 75% and 80% of the statutory maximum.  It was noted that a full costing exercise had been undertaken which took into account the cost of administering and processing the applications from receipt to issue of a licence and the full costs to the Council of the democratic process in determining applications at a Licensing Panel.  An increase of 1% had been requested to cover the increased service costs.  The current annual fee met the cost of ensuring compliance with licence conditions and restrictions, therefore, no increase had been proposed.

 

 

Members then raised the following queries:

 

  • How did the Council’s fees compare with other Local Authorities?
  • Were the fees reviewed on an annual basis?
  • How many applications had been received?
  • Was the cost of a Panel hearing taken into consideration?
  • Why was the Council not charging the maximum amount?
  • Was the Council confident that the 1% increase would cover the costs?
  • Why had the annual fee not been increased?
  • When had the annual fee last been increased? 

 

   In response Members were informed that:

 

  • Bradford’s fees were set at 75-80% of the statutory fee payable prescribed by the Secretary of State.  Some Local Authorities, including Leeds City Council, charged the maximum amount.  Other Authorities were comparable with Bradford.
  • The fees were reviewed and a report submitted to the Committee on an annual basis, even if an increase was not recommended.
  • A steady number of applications had been and continued to be received.
  • All relevant costs were included.
  • An initial costing exercise had been undertaken when the Gambling Fees came into effect and Members had set the amount at around 70% of the maximum charge.  Initially a higher volume of applications had been received and fee levels had been maintained.  A consistent number of applications were now being submitted and, therefore, it was more appropriate to increase application charges. 
  • The increase would cover service costs, however, the fees could be increased the following year if required.
  • The current annual fee covered costs relating to the administration and regulation of the gambling licensing scheme.
  • The annual fee had not been increased for a number of years.  

 

Resolved -

 

That the current application fees be increased by 1% and annual fees be maintained for 2016/17, as set out in Appendix 1 to Document “A”, with effect from 10 June 2016.

 

Action: Assistant Director, Environmental & Regulatory Services