Agenda, decisions and minutes

Licensing Committee
Tuesday, 15th December, 2020 1.00 pm

Contact: Jane Lythgow/Tracey Sugden/Jill Bell 

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 25 June 2019 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):

 

12 July 2019

25 July 2019

8 August 2019

19 August 2019

4 September 2019

17 September 2019

26 September 2019 (1)

26 September 2019 (2)

19 November 2019 (1)

19 November 2019 (2)

23 January 2020 (1)

23 January 2020 (2)

23 January 2020 (3)

5 February 2020

25 February 2020

19 March & 27 May 2020

27 May 2020

17 June & 7 July 2020

7 July 2020

4 August 2020

17 September 2020

23 September 2020

14 October 2020

22 October 2020 (2)

27 October 2020

 

(Jane Lythgow – 01274 432270)

 

Minutes:

Resolved –

 

(1)       That the minutes of the Committee meeting held on 25 June 2019 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):

 

12 July 2019

25 July 2019

8 August 2019

19 August 2019

4 September 2019

17 September 2019

26 September 2019 (1)

26 September 2019 (2)

19 November 2019 (1)

19 November 2019 (2)

23 January 2020 (1)

23 January 2020 (2)

23 January 2020 (3)

5 February 2020

25 February 2020

19 March & 27 May 2020

27 May 2020

17 June & 7 July 2020

7 July 2020

4 August 2020

17 September 2020

23 September 2020

14 October 2020

22 October 2020 (2)

27 October 2020

 

 

ACTION: City Solicitor

3.

PROPOSED STATEMENT OF LICENSING POLICY 2021-2025 pdf icon PDF 95 KB

The Interim Assistant Director, Waste, Fleet and Transport Services, will present a report, (Document “A”) which  presents the outcome of a public consultation exercise with respect to the new Statement of Licensing Policy for the District, as required by the Licensing Act 2003, and proposes a final draft for recommendation for adoption by full Council  on 15 December 2020.

 

Recommended –

 

(1)       That it be recommended to Council that the document attached in Appendix 1 of Document “A” be adopted and published as the District’s Statement of Licensing Policy 2020-2025, pursuant to the Licensing Act 2003 (subject to any amendments that the Committee feels is appropriate).

 

(2)       That the Interim Assistant Director Waste, Fleet & Transport Services be given delegated authority to approve any necessary amendments of a minor or drafting nature prior to formal publication.

 

(Melanie McGurk – 01274 432240)

 

 

Additional documents:

Minutes:

The Interim Assistant Director, Waste, Fleet and Transport Services, submitted a report, (Document “A”) which  presented the outcome of a public consultation exercise with respect to the proposed new Statement of Licensing Policy for the District, as required by the Licensing Act 2003, and proposed a final draft for recommendation for adoption by full Council.

 

Additional responses received following publication of the agenda were circulated to members at the meeting.  It was noted that none of these responses had an effect on the policy.

 

Members were advised that the main addition to the draft proposed policy was the inclusion of information regarding Cumulative Impact (Section 8.5 and 8.6 of the policy document).  The report revealed that the Council’s Licensing Authority remained of the view that it was unnecessary to adopt a policy restricting the number of licenses in the Prime Area Entertainment Areas or any other part of the District on the grounds of cumulative impact or saturation. It was intended, however, that it would continue to keep the situation under review during the life of the policy.  It was questioned, however, why Ilkley had not been designated a Prime Entertainment Area.

 

A member was pleased to note the reference to cumulative impact and asked for guidance from the Licensing team regarding the number of licensed premises in an area to be provided to members when considering applications. 

 

It was noted that the criteria for cumulative impact set out in the policy was based on Home Office guidance.  The Committee was advised that whether or not the Council had undertaken a Cumulative Impact Assessment the Licensing Panel could have regard to effect that this could have on the licensing objectives when considering new applications and agreed that from 2021 Licensing Panels would be provided with information on the location of licensed premises in the vicinity to the applicant  premises.  Advice would be given on distance and radius to be taken into account when applications were presented to future Licensing Panels.

 

In response to a member question regarding enforcement,  members were advised that two full time enforcement officers worked closely with West Yorkshire Police and were successful in ensuring that the proposed policy was adhered to.  Late night refreshment premises were inspected by Environmental Health to ensure that Food Business Registration was in place.   It was agreed that statistics regarding enforcement in the previous 12 months would be provided to members of the Committee.

 

Resolved –

 

(1)       That it be recommended to Council that the document attached in Appendix 1 of Document “A” be adopted and published as the District’s Statement of Licensing Policy 2021-2025, pursuant to the Licensing Act 2003.

 

(2)       That the Interim Assistant Director Waste, Fleet & Transport Services be given delegated authority to approve any necessary amendments of a minor or drafting nature prior to formal publication.

 

(3)       That information be brought forward regarding cumulative impact or evidence of cumulative impact for future licensing applications.

 

ACTION: Interim Assistant Director Waste, Fleet & Transport Services