Agenda, decisions and minutes

Licensing Committee
Tuesday, 13th June, 2017 3.30 pm

Venue: Committee Room 1 - 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 9 June 2016 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 correct records (previously circulated):

           

            12 July 2016

            22 July 2016

            11 August 2016

            25 August 2016

            12 September 2016

            13 October 2016    

            12 December 2016

            25 January 2017

            2 and 23 March 2017

            4 April 2017

            25 April 2017 – p.m.

           

(Claire Tomenson – 01274 432457)

Minutes:

Resolved –

 

(1)       That the minutes of the Committee meeting held on 9 June 2016 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 correct records (previously circulated):

           

            12 July 2016

            22 July 2016

            11 August 2016

            25 August 2016

            12 September 2016

            13 October 2016    

            12 December 2016

            25 January 2017

            2 and 23 March 2017

            4 April 2017

            25 April 2017 – p.m.

 

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 2017/18 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:

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 CHARGED BY THE LICENSING SERVICE UNDER THE GAMBLING ACT 2005 pdf icon PDF 134 KB

The Assistant Director, Waste, Fleet and Transport Services will present a report (Document “A”) that seeks approval to maintain the current scale of gambling premises licence fees charged bythe licensing service for the financial year 2017/18.

 

Recommended -

 

That the current scale of fees be maintained for 2017/18, as set out in Appendix 1 to Document “A”.

 

(Tracy McLuckie – 01274 432240)

 

Minutes:

The Assistant Director, Waste, Fleet and Transport Services presented Document “A”  which sought approval to maintain the current scale of gambling premises licence fees charged by the licensing service for the financial year 2017/18.

 

Members were informed that the fees were based upon a full cost recovery and must not go above the bands prescribed by the Secretary of State.  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.  The Council’s current fees covered all the service costs and, therefore, no increase had been proposed.

 

Members then raised the following queries:

 

  • How did the Council’s fees compare with other Local Authorities?
  • Had the existing vacancy been taken into consideration?
  • Had the statutory maximum fee altered since the Act came into force?
  • Were the costs of Councillors included?
  • Would there be any profit?
  • Was the intention to fill the vacancy?

 

   In response Members were informed that:

 

  • Other Local Authorities were comparable with Bradford.
  • The vacancy had been taken into consideration.
  • The maximum fee had remained the same since its introduction.
  • All relevant costs were included, including Councillor costs
  • No, the Council was not permitted to make a profit.
  • The intention was to fill the vacancy.  

 

Resolved -

 

That the current scale of fees be maintained for 2017/18, as set out in Appendix 1 to Document “A”.

 

Action: Assistant Director, Waste, Fleet and Transport Services