Agenda, decisions and minutes

Licensing Committee
Tuesday, 25th June, 2019 10.00 am

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 21 November 2018 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                    

 

            5 October 2018

            30 October 2018

            6 November 2018

            21 November 2018

29 November 2018

            10 December 2018 (1)

            10 December 2018 (2)

16 January 2019 (1)          

16 January 2019 (2)

24 January 2019 (1)

24 January 2019 (2)

29 January 2019

12 February 2019

6 March 2019

20 March 2019

10 April 2019

9 May 2019

15 May 2019 (1)

15 May 2019 (2)

 

           

            (Claire Tomenson – 01274 432457)

 

Minutes:

Resolved –

 

(1)       That the minutes of the Committee meeting held on 21 November 2018 be signed as a correct record (previously circulated).

 

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

 

            5 October 2018

            30 October 2018

            6 November 2018

            21 November 2018

29 November 2018

            10 December 2018 (1)

            10 December 2018 (2)

16 January 2019 (1)          

16 January 2019 (2)

24 January 2019 (1)

24 January 2019 (2)

29 January 2019

12 February 2019

6 March 2019

20 March 2019

10 April 2019

9 May 2019

15 May 2019 (1)

15 May 2019 (2)

           

Action:  City Solicitor

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 2019/20 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)

 

Decision:

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.


(Jane Lythgow – 01274 432270)

 

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: City Solicitor

 

 

5.

REVIEW OF PREMISES LICENCE FEES CHARGED BY THE LICENSING SERVICE UNDER THE GAMBLING ACT 2005 pdf icon PDF 104 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 2% in line with inflation, for the financial year 2019/20.

 

Recommended -

 

That the current scale of fees be increased by 2% in line with inflation for 2019/20, as set out in Appendix 1 to Document “A”.

 

(Tracy McLuckie – 01274 432240)

Decision:

Resolved -

 

That the current scale of fees be increased by 2% in line with inflation for 2019/20, as set out in Appendix 1 to Document “A”.

 

(Tracy McLuckie – 01274 432240)

Minutes:

The report of the Assistant Director, Waste, Fleet and Transport Services (Document “A”) sought the approval of Members to increase the current level of fees by 2% in line with inflation, for gambling premises licences processed and issued by the Council under the Gambling Act 2005, for the financial year 2019/20.

 

 The proposed scale of fees was attached at Appendix 1 to Document “A” and the existing scale of fees was attached at Appendix 2.

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 although the costs were increasing the authority’s fees were below the maximum fee in each band.

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. Fees should be reviewed annually.

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.

 

In response to questions it was confirmed that comparisons were made to the costs of neighbouring authorities. The powers relating to fee setting were set out in regulations and clarity on the fee setting process could also be found in Local Government Association guidance.  It was explained that it was important to be able to demonstrate how charges were calculated. 

 

It was reported that the increase in fees must be presented for Member approval or it would be unlawful.  In responses to questions it was believed that 2% would be sufficient to cover the costs incurred.

 

It was explained that problem gambling had been the subject of a report to Corporate Overview and Scrutiny and recommendations from the Committee would be forthcoming.  There had already been a particular increase in the enforcement work required around gambling and it was felt that the proposed increased cost was justified. 

 

The number of gambling premises in the district was questioned and it was confirmed that there were three casinos; four bingo halls; 60 betting premises; one track betting premise and 14 adult gaming centres.  Members were advised that the majority of gambling premises in the district had been the subject of inspection  ...  view the full minutes text for item 5.