Agenda, decisions and minutes

Licensing Committee
Wednesday, 21st November, 2018 10.00 am

Venue: Committee Room 4 - City Hall, Bradford. View directions

Contact: Claire Tomenson 

Items
No. Item

6.

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. 

7.

MINUTES

Recommended –

 

(1)       That the minutes of the Committee meeting held on 30 May 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

 

2017-18

 

26 April 2018

30 April 2018

            11 May 2018

 

            2018-19

 

            26 June and 16 July 2018

            12 July and 16 July 2018

            16 July 2018

            25 July 2018

            12 September 2018           

27 September 2018

           

            (Claire Tomenson – 01274 432457)

           

 

Minutes:

 

Resolved -

 

(1)       That the minutes of the Committee meeting held on 30 May 2018 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

 

2017-18

 

26 April 2018

30 April 2018

            11 May 2018

 

            2018-19

 

            26 June and 16 July 2018

            12 July and 16 July 2018

            16 July 2018

            25 July 2018

            12 September 2018           

27 September 2018

           

 

8.

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. 

 

9.

PROPOSED STATEMENT OF LICENSING PRINCIPLES 2019 - 2021 UNDER THE GAMBLING ACT 2005 pdf icon PDF 109 KB

The Assistant Director Waste, Fleet and Transport Services will submit a report (Document “B”) which sets out the outcome of a public consultation exercise with respect to the Statement of Licensing Principles for the District, as required by the Gambling Act 2005 and proposes a final draft for recommendation for adoption by Council on the 11 December 2018.

 

Recommended -

 

(1)       That the Committee recommends to Full Council that Appendix 1 to Document “B” be adopted and published as the District’s Statement of Licensing Principles pursuant to the Gambling Act 2005 (subject to any amendments that the Committee feels is appropriate).

 

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

 

(Tracy McLuckie – 01274 432209)

Additional documents:

Decision:

Resolved -

 

(1)       That, with the addition of “(the impact on families)” at the end of paragraph 8.5 (iv) to the Proposed Statement of Licensing Principles 2019-2021, it be recommended to Full Council that Appendix 1 to Document “B” be adopted and published as the District’s Statement of Licensing Principles pursuant to the Gambling Act 2005.

 

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

 

(3)       That the Assistant Director, Waste, Fleet and Transport Services, be requested to review the Statement of Licensing Principles pursuant to the Gambling Act 2005 on an annual basis and provide a report to the Committee when the Licensing Fees are reviewed each year.

 

(Tracy McLuckie – 01274 432209)

 

Minutes:

The Assistant Director Waste, Fleet and Transport Services submitted a report (Document “B”) which set out the outcome of a public consultation exercise with respect to the Statement of Licensing Principles for the District, as required by the Gambling Act 2005 and proposed a final draft for recommendation for adoption by Council on the 11 December 2018.

 

It was explained that under Section 349 of the Gambling Act 2005, the Council’s Licensing Authority is required to adopt a policy document, referred to as a Statement of Licensing Principles, setting out the basic principles of the Authority’s approach to dealing with applications for licences and permits under the Act.

 

Document “B” set out the outcome of a public consultation exercise with respect to the statement of licensing principles for the District and proposed a final draft for recommendation for adoption by full Council on the 11 December 2018.

 

Members were advised that the consultation draft of the statement of licensing principles for 2019-2021 had been available for public comment since 26 July 2018. The draft document was available on the Council’s website and in public libraries. Licensing officers also directly consulted relevant authorities and organisations.

 

The policy document sought to reflect very detailed and substantial statutory guidance issued by the Gambling Commission under the Act.  The guidance set the parameters of what could and what should not be included within local statements of licensing principles.

 

The main additions to the policy document were reported as follows:

 

Section 1

 

Information about the district had been updated and reference to the Bradford District Plan and Bradford Council Plan had been added.

 

Sections 7.8 to 7.10

             

Information specific to public health concerns had been added including information from a research exercise into problem gambling in Leeds, undertaken in 2016 by Leeds Beckett University.

 

Section 8.5

 

Additional information had been added relating to local risk assessments and the factors the licensing authority recommended taking into consideration when gambling operators undertake risk assessments.

 

The proposed final draft policy document was appended to Document “B”.

 

The report provided details of the public consultation undertaken and corresponding comments as follows:-

 

GamCare – a leading national provider of information, advice, support and free treatment for anyone affected by problem gambling.

 

GamCare provided general advice on the function of the Statement of Principles and a list of the issues or factors which GamCare thought would be helpful for licensing authorities to consider when determining applications, which included local area risk mapping and issues relating to premises layout and staffing. GamCare also provided details of the training and other services available to local authorities.  A copy of the response was appended to Document “B”.   No specific changes to the consultation document were proposed.

 

GambleAware – a leading charity in Britain committed to minimising gambling related harm.

 

The charity provided details of their organisation and although unable to offer specific feedback on the policy, GambleAware strongly commended two recent publications by the Local Government Association. Those publications; Tackling Gambling  ...  view the full minutes text for item 9.