Agenda and minutes

Minutes of the meeting held on 18 June 2015 (previously circulated). 

The Minutes of the meeting held on 18^th June 2015 were signed by the Chairman as a correct record.

There were no items of urgent business.

To receive declarations by Members of interests in respect of items on this Agenda. 

Members are reminded that, in accordance with the Localism Act 2011, they are required to declare any disclosable pecuniary interests which have not already been declared in the Council’s Register of Interests. (It is a criminal offence not to declare a disclosable pecuniary interest either in the Register or at the meeting.) 

Whilst not a legal requirement, in accordance with Council Procedure Rule 10 and in the interests of clarity and transparency, Members should declare any disclosable pecuniary interests, which they have already declared in the Register, at this point in the meeting. 

In accordance with Part B, Section 2 of the Code of Conduct, Members are required to declare the existence and nature of any other interests as defined in paragraphs 8(1) or 9(2) of the Code of Conduct. 

Councillor Edwards declared that he was a licence holder, but did not work in the licensed trade.

Councillor Wilkinson declared that he was a member of the Lancaster City Centre Residents’ Association during consideration of the following item.

Report of the Licensing Manager

The Committee received the report of the Licensing Manager to enable Members to consider the proposed changes to the Statement of Licensing Policy following the consultation process.

It was reported that the Licensing Authority was required by the Act to revise its Statement of Licensing Policy every 5 years and to consult with stakeholders before publishing and implementing the updated Policy.

The current Policy had come into force in January 2011 and, in order to satisfy the statutory timeframes, the revised draft Statement of Licensing Policy would be considered by full Council on 16^th December 2015 for implementation in January 2016.

Consultation had taken place and letters had been sent to all licence holders and other stakeholders.  Copies of the revised draft Policy had been placed on the Council’s website, as well as in the Town Halls in Morecambe and Lancaster, and a press release had been published in the Lancaster Guardian.

Two responses had been received to the consultation, one pointing out a couple of grammatical errors and making reference to internet/web broadcasts, which fell outside the remit of the Licensing Act 2003.  The other response had been from the Lancaster City Centre Residents’ Association and related to conditions the group would like to see attached to licences. 

The Licensing Manager had contacted the group to explain that blanket conditions could not be adopted and included in the Statement of Licensing Policy, and to advise of the provisions that were in place if residents wished to make representations in relation to individual applications, or to request a review of an existing licence.

Members considered the proposed changes to the Statement of Licensing Policy in detail.

It was proposed by Councillor Brayshaw and seconded by Councillor Edwards:

“That subject to the following amendments being made and emailed to Members for additional comment prior to referral to full Council, the revised draft Statement of Licensing Policy be referred to full Council for approval on 16^th December 2015 and implementation in January 2016:

1.         Reinstate reference to the provision of alcohol under paragraph 2 “scope” that was in the current Policy under that heading.

2.         Make amendments at paragraph 13.3 to the suggested steps that an applicant may take in relation to control of patrons who were, under the management’s consent, smoking on adjacent streets or pavements.

3.         Include a provision in relation to information for Other Persons, who may wish to review a premises licence.”

Upon being put to the vote, Members voted unanimously in favour of the proposition, whereupon the Chairman declared the proposal to be clearly carried. 

Resolved:

That subject to the following amendments being made and emailed to Members for additional comment prior to referral to full Council, the revised draft Statement of Licensing Policy be referred to full Council for approval on 16^th December 2015 and implementation in January 2016:

1.         Reinstate reference to the provision of alcohol under paragraph 2 “scope” that was in the current Policy under that heading.

2.         Make amendments  ...  view the full minutes text for item 11.

Report of the Licensing Manager

The Committee received the report of the Licensing Manager to inform Members of the outcome of the consultation on the review of the Council’s Statement of Gambling Licensing Policy, and to seek Members’ views on the revised draft.

It was reported that the Licensing Authority was required by the Gambling Act 2005 to revise its Statement of Gambling Licensing Policy every 3 years and to consult with stakeholders before publishing and implementing the updated Policy.

The current Policy had come into force in January 2013 and, in order to satisfy the statutory timeframes, the revised draft Policy would be considered by full Council on 16^th December 2015 for implementation in January 2016. 

The revised draft Policy was based on the LACORS (Local Authorities Co-ordinators of Regulatory Services) standard template and took account of the Gambling Commission’s guidance fourth edition.

Consultation had taken place, and copies of the revised draft Policy had been placed on the Council’s website, as well as in the Town Halls in Morecambe and Lancaster, and a press release had been published in the Lancaster Guardian.

Two responses had been received to the consultation, and further amendments had been made to the revised draft Policy following consideration of the responses.

Members asked detailed questions on the report and the proposed changes to the Statement of Gambling Licensing Policy.

It was proposed by Councillor Hartley and seconded by Councillor Biddulph:

“That the revised draft Statement of Gambling Licensing Policy be referred to Council on 16^th December 2015 for approval and implementation in January 2016.”

Upon being put to the vote, Members voted unanimously in favour of the proposition, whereupon the Chairman declared the proposal to be clearly carried.

Resolved:

That the revised draft Statement of Gambling Licensing Policy be referred to Council on 16^th December 2015 for approval and implementation in January 2016.