Agenda, decisions and minutes

Licensing Committee
Wednesday, 30th May, 2018 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 13 June 2017 be signed as a correct record (previously circulated).

 

(2)       That the minutes of the Licensing Panels held on the following dates be signed as correct records (previously circulated):

 

Bradford District Licensing Panel        

 

25 April 2017 – a.m.

20 June 2017

            21 July 2017

            1 August 2017

            3 August 2017

            26 September 2017 and 3 January 2018

            3 January 2018 (1)

            3 January 2018 (2)

            15 January 2018

            30 January 2018 (1)

            30 January 2018 (2)          

7 February 2018

2 and 13 March 2018 (1)

2 and 13 March 2018 (2)

           

            (Claire Tomenson – 01274 432457)

Minutes:

Resolved –

 

(1)       That the minutes of the Committee meeting held on 13 June 2017 be signed as a correct record.

 

(2)       That the minutes of the Licensing Panels held on the following dates be signed as correct records:

 

Bradford District Licensing Panel        

 

25 April 2017 – a.m.

20 June 2017

            21 July 2017

            1 August 2017

            3 August 2017

            26 September 2017 and 3 January 2018

            3 January 2018 (1)

            3 January 2018 (2)

            15 January 2018

            30 January 2018 (1)

            30 January 2018 (2)          

7 February 2018

2 and 13 March 2018 (1)

2 and 13 March 2018 (2)

           

 

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 2018/19 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 Bradford District 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 Bradford District 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: Interim City Solicitor/Committee Secretariat

 

 

 

5.

REVIEW OF PREMISES LICENCE FEES CHARGED BY THE LICENSING SERVICE UNDER THE GAMBLING ACT 2005 pdf icon PDF 120 KB

The Assistant Director, Waste, Fleet and Transport Services will present a report (Document “A”) that seeks approval to increase the current scale of gambling premises licence fees charged bythe licensing service by 3% in line with inflation, for the financial year 2018/19.

 

Recommended -

 

That the current scale of fees be increased by 3% in line with inflation for 2018/19, as set out in Appendix 1 to Document “A”.

 

(Tracy McLuckie – 01274 432240)

Minutes:

The Assistant Director, Waste, Fleet and Transport Services presented a report (Document “A”) which sought approval to increase the current scale of gambling premises licence fees charged by the licensing service by 3% in line with inflation, for the financial year 2018/19.

The report revealed that under the Gambling Act 2005 the Council had responsibility for dealing with applications for gambling premises licences, gambling permits, lottery registrations and other miscellaneous permissions.

            It was explained that the Secretary of State had prescribed a series of bands for gambling premises licence fees, with a maximum fee payable for each band. Licensing Authorities must determine their own fees within those bands. Fees for permits and small lotteries were set by the Secretary of State. The maximum bands prescribed by the Secretary of State for Premises Licences were included in Appendix 1 to the report.

Members were advised that fees must be set upon the basis of full cost recovery, including the cost of administrating the licence system, processing applications, and seeking compliance.

It was explained that the Gambling Policy was reviewed annually and would be presented to Members later in the year.

It was noted that a costing exercise had been undertaken for premises licence applications which had taken into account the full cost of administering and processing applications from receipt to issue of a licence and on-going enforcement costs.  Calculation of costs consisted of a full proportional share of overheads including accommodation, telephone, ICT, printing, stationery and postage. Staff costs included salary, pension, travel and proportional senior management costs. Legal and central support costs had also been included.

 

Members were assured that costs had been increasing and it was felt  that the proposed cost increase was justified.

 

Members raised a number of issues to which the following responses were provided:-

 

·         In comparison with other fees the charges in Bradford were the second largest in the area.  This was comparable with the size of the district.  The fees in Leeds, the largest authority,  were more expensive and Calderdale and Kirklees were less.

 

·         When calculating the proposed fees a percentage figure had been produced which was rounded up to the nearest one pound.

 

·         There had been only one enforcement officer in the Licensing Department for some time.   It had been acknowledged that additional personal were required and a second enforcement officer was to start in post very shortly.  The licensing team also worked very closely with the dedicated licensing officer employed by West Yorkshire Police and their neighbourhood teams. 

 

·         Leeds City Council employed a number of enforcement officers and the team in Bradford compared with smaller authorities. 

 

·         The enforcement action required for gambling premises was less than that needed for premises providing alcohol. 

 

·         The authority did not have the ability to increase the licensing fees under the Licensing Act 2003 as they were set by the Government.  It was felt that a rise in gambling fees could not be justified to provide alcohol related enforcement measures. 

 

·         It was acknowledged that the forthcoming  ...  view the full minutes text for item 5.