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  • Agenda and minutes

    Licensing Committee - Tuesday, 9th October, 2018 11.00 am

    • Attendance details
    • Agenda frontsheet PDF 74 KB
    • Agenda reports pack PDF 5 MB
    • Printed minutes PDF 65 KB

    Venue: Phoenix House, Tiverton

    Contact: Carole Oliphant  Member Services Officer

    Link: audiorecording

    Items
    No. Item

    1.

    ELECTION OF CHAIRMAN (CHAIRMAN OF THE COUNCIL, CLLR P J HEAL, IN THE CHAIR) (00.00.06)

    To elect a Chairman of the Licensing Committee for the Municipal Year 2018/19.

    Minutes:

    RESOLVED that Cllr D Coren be elected Chairman of the Licensing Committee for the municipal year 2018/19.

     

    (Proposed by Cllr G Doe and seconded by Cllr K Busch)

     

    Cllr D Coren then took the Chair.

    2.

    ELECTION OF VICE CHAIRMAN (00.01.39)

    To elect a Vice Chairman of the Licensing Committee for the Municipal Year 2018/19.

    Minutes:

    RESOLVED that Cllr G Doe be elected Vice -Chairman of the Licensing Committee for the municipal year 2018/19.

     

    (Proposed by Cllr D Coren and seconded by Cllr K Busch)

    3.

    APOLOGIES AND SUBSTITUTE MEMBERS (00.03.07)

    To receive any apologies for absence and notices of appointment of Substitute Members (if any).

    Minutes:

    Apologies received from Cllr T G Hughes and Cllr D J Knowles

    4.

    DECLARATIONS OF INTEREST UNDER THE CODE OF CONDUCT (00.04.11)

    Councillors are reminded of the requirement to declare any interest, including the type of interest, and reason for that interest, either at this stage of the meeting or as soon as they become aware of that interest.

    Minutes:

    No declarations were made.

    5.

    PUBLIC QUESTION TIME (00.04.20)

    To receive any questions relating to items on the agenda from members of the public and replies thereto.

    Minutes:

    There were no members of the public present

    6.

    MINUTES (00.05.59) pdf icon PDF 136 KB

    Members to consider whether to approve the minutes as a correct record of the meeting held on 21 March 2017.

    Minutes:

    The minutes of the previous meeting were approved as a true record and signed by the Chairman

    7.

    FOURTH REVIEW OF THE GAMBLING ACT 2005 STATEMENT OF PRINCIPLES (00.07.07) pdf icon PDF 65 KB

    • View the background to item 7.

    To receive a report from the Group Manager for Public Health and Regulatory Services. Mid Devon District Council is required to set out and formally adopt a Statement of Principles advising how it will carry out its duties under the Gambling Act 2005. That statement has to be reviewed every three years and this is its fourth review.

    Additional documents:

    • Gambling -Annex 1 - Draft Statement of Principles 2019 - 2022 , item 7. pdf icon PDF 1005 KB
    • Gambling - Annex 2 - ABB response , item 7. pdf icon PDF 210 KB
    • Gambling -Annex 3 - Gamcare , item 7. pdf icon PDF 984 KB
    • Gambling - Annex 4 - Table of responses , item 7. pdf icon PDF 36 KB
    • Gambling - Annex 5 - Draft Statement of Principles 2019 - 2022 with proposed updates , item 7. pdf icon PDF 983 KB
    • Gambling - Annex 6 - Draft copy of the notice of publication , item 7. pdf icon PDF 94 KB

    Minutes:

    The Committee had before it and NOTED a *report from the Lead Licensing Officer advising how the authority would carry out its duties under the Gambling Act 2005 Statement of Principles.

     

    He explained that the statement had to be reviewed every three years and that this would be its fourth review. The Statement of Principles was a statutory requirement of the local licensing authority.

     

    He further explained the main amendments to the policy which were:

     

    ·         Links to up to date information included within the policy

    ·         Local risk assessment requirements

     

    The Lead Licensing Officer detailed the responses received as part of the consultation on the policy.

     

    There was a general discussion about problem gambling and how the authority dealt with this. The Lead Licensing Officer explained that the local requirement for risk assessments should help deal with this, for example, line of sight to gambling machines to monitor exactly who was using them.

     

    It was RECOMMENDED to Council that the Statement of Principles is adopted as the new policy with the policy coming into effect from 31st January 2019.

     

    (Proposed by Cllr E J Slade and seconded by Cllr R J Chesterton)

     

    Note: *Report previously circulated and attached to the minutes

     

    8.

    FOURTH REVIEW OF THE LICENSING POLICY UNDER THE LICENSING ACT 2003 (00.24.42) pdf icon PDF 63 KB

    To receive a report from the Group Manager for Public Health and Regulatory Services. The Council, as the licensing authority, must adopt a licensing policy that sets out how it carries out its duties under the Licensing Act 2003. That policy must be reviewed every five years. This report brings forward the fourth review of that document.

    Additional documents:

    • LA2003 - Annex 1 Table of responses 2018 , item 8. pdf icon PDF 85 KB
    • LA2003 - Annex 2 Proposed policy with tracked changes , item 8. pdf icon PDF 1 MB

    Minutes:

    The Committee had before it and NOTED a *report from the Lead Licensing Officer advising how the authority would carry out its duties under the Licensing Act 2003.

     

    He explained that the policy had to be reviewed every five years and that this was its fourth review. He explained that the following were now included within the policy:

     

    ·         Hearing procedure document

    ·         Pool of conditions

    ·         Code of good practice

     

    In response to questions the Lead Licensing Officer explained that license holders were not responsible for the conduct of patrons once they had left the premises.

     

    It was RECOMMENDED to Council that the revised Licensing Policy is adopted with the policy coming into effect from 7th January 2019

     

    (Proposed by Cllr R J Chesterton and seconded by Cllr F J Colthorpe)

     

    Note: *Report previously circulated and attached to the minutes