Agenda and minutes

Apologies were received from Councillors Cank and Kennedy-Lount.

Members are asked to declare any interests they may have in the business on the agenda.

There were no declarations of interest.

The minutes of the meeting held on 3^rd September 2024 have been circulated and the Committee will be asked to confirm them as a correct record.

RESOLVED:

that the minutes of the meeting held on 3^rd September 2024 be approved as a correct record.

The Monitoring Officer to report on the receipt of any petitions submitted in accordance with the Council’s procedures.

The Monitoring Officer reported that no petitions had been submitted in accordance with the Council’s procedures.

The Monitoring Officer to report on the receipt of any questions, representations and statements of case submitted in accordance with the Council’s procedures.

The Monitoring Officer reported that no questions, representations and statements of case had been submitted in accordance with the Council’s procedures.

The Director of Neighbourhood and Environmental Services submits a report to outline the roles and responsibilities of councillors on Licensing Hearings Committees under the Licensing Act 2003.

The Director of Neighbourhood and Environmental Services submitted a report detailing the Roles and Responsibilities of Councillors who are on Licensing Hearings Committee and programme of assistance.

The Service Manager, Regulatory Services presented the report. It was noted that:

·       The primary focus of the report was to outline the roles and responsibilities under the Licensing Act 2003 for Members of the Licensing Hearings Sub-Committees, emphasizing the importance of availability and adherence to statutory deadlines.

·       Councillors must act impartially, base decisions on evidence, and comply with Section 182 Guidance to uphold licensing objectives. Failure to meet deadlines may lead to automatic approvals, legal challenges, and diminished public confidence.

·       To support councillors, hybrid training and chairing skills development would be introduced, alongside the potential implementation of remote hearings to improve accessibility and efficiency.

·       To further alleviate pressures on Licensing Committees, the local authority would reassess which cases require Committee Hearings, ensuring only complex or high-impact applications were considered. Routine applications would now be handled by officers through delegated powers, allowing committees to focus on significant cases. This reallocation aims to address rising enforcement hearings while accommodating Member availability.

·       The Licensing Act 2003 governs the regulation of alcohol sales, entertainment, and late-night refreshment in England and Wales. The Act required local authorities establish a Licensing Committee, which delegates certain matters to sub-committees (Licensing Hearings Committees) to determine contested applications, reviews, and other licensing matters.

·       The Licensing Act 2003 governs the regulation of alcohol sales, entertainment, and late-night refreshment in England and Wales. The Act requires that local authorities establish a Licensing Committee, which delegates certain matters to sub-committees (Licensing Hearings Committees) to determine contested applications, reviews, and other licensing matters.

·       Under the Act, hearings must be conducted within specific timeframes. An example was applications subject to representations must be determined within 20 working days after the end of the representation period.

Councillors sitting on Licensing Hearings Committees have a quasi-judicial role and must act fairly, impartially, and in accordance with the law and guidance.

Their key responsibilities include:

• Availability and Attendance – Councillors must be available to sit on hearings as required. The Licensing Act 2003 sets out statutory deadlines that must be adhered to, and failure to convene a hearing within these deadlines can result in applications being granted by default, potentially undermining licensing objectives.
• Decision-Making – Councillors must base their decisions on evidence

presented, considering the four licensing objectives:

• • Prevention of crime and disorder
  • Public safety
  • Prevention of public nuisance
  • Protection of children from harm
• Compliance with Section 182 Guidance – The Secretary of State’s Section 182 Guidance provides clarity on the operation of the Licensing Act 2003. Councillors must adhere to this guidance, particularly in ensuring timely hearings and decisions that are lawful and proportionate.
• Conflict of Interest and Impartiality – Councillors must declare any conflicts of interest and not predetermine applications. They must apply the law consistently and avoid personal bias.
• Training and Knowledge – Councillors must be adequately trained in licensing law and procedure to ensure they can  ...  view the full minutes text for item 13.

With there being no further business, the meeting closed at 17.57.