Agenda and minutes

Minutes of meeting held on 22 November 2012 (previously circulated). 

The minutes of the meeting held on 22^nd November 2012 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.

There were no declarations of interest.

Councillor Taylor arrived at this point.

Report of Licensing Manager

Committee received the report of the Licensing Manager.  The report had been produced at the request of Councillor Aitchison to explain to Members the steps that would need to be taken in order to include a special policy relating to cumulative impact into the Licensing Act 2003 Statement of Licensing Policy.

It was reported that there must be an evidential basis for considering the introduction of a cumulative impact policy in the Statement of Licensing Policy.  Any such policy must relate to specific areas where a concentration of licensed premises had had a cumulative impact on one or more of the licensing objectives.  There was no evidence to justify such a policy in the Lancaster district at present.

Members noted that the effect of adopting a cumulative impact policy would be to create a rebuttable presumption that applications of a certain type within the defined area would be refused.  However, a cumulative impact policy could not act as an absolute prohibition on the granting of new licences, and the absence of one did not prevent responsible authorities or interested parties from raising concerns about the cumulative impact in relation to specific applications, or prevent the licensing authority from rejecting or modifying an application if representations had been received.

It was reported that if a cumulative impact policy was included in the Statement of Licensing Policy, the licensing authority could not apply the policy unless a representation had been received from a responsible authority or other person.  Any consideration to include a cumulative impact policy in the Statement of Licensing Policy would have to be consulted upon.

Resolved:

That the report be noted.