Agenda and minutes

Venue: Council Chamber, - Swale House. View directions

Contact: Democratic Services, 01795 417330 

Items
No. Item

368.

Minutes

To approve the Minutes of the Meeting held on 22 July 2015 (Minute Nos. 120 - 123) as a correct record and to accept the Minutes of the following Licensing Sub-Committees:

 

11 August 2015 (Minute Nos. 144 – 146)

30 September 2015 (Minute Nos. 246 – 248)

9 October 2015 (Minute Nos. 261 – 263)

20 October 2015 (Minute Nos. 285 – 287)

20 November 2015 (Minute Nos. to-follow)

Minutes:

The Minutes of the Meeting held on 22 July 2015 (Minute Nos. 120 – 123) were taken as read, approved and signed by the Chairman as a correct record.

 

The Minutes of the following Sub-Committees were taken as read, approved and signed by the Chairman as a correct record:

 

11 August 2015 (Minute Nos. 144 – 146)

30 September 2015 (Minute Nos. 246 – 248)

9 October 2015 (Minute Nos. 261 – 263)

20 October 2015 (Minute Nos. 285 – 287)

20 November 2015 (Minute Nos. 352 – 354)

369.

Declarations of Interest

Councillors should not act or take decisions in order to gain financial or other material benefits for  themselves or their spouse, civil partner or person with whom they are living with as a spouse or civil partner.  They must declare and resolve any interests and relationships.

 

The Chairman will ask Members if they have any interests to declare in respect of items on this agenda, under the following headings:

 

(a)          Disclosable Pecuniary Interests (DPI) under the Localism Act 2011.  The nature as well as the existence of any such interest must be declared.  After declaring a DPI, the Member must leave the meeting and not take part in the discussion or vote.  This applies even if there is provision for public speaking.

 

(b)          Disclosable Non Pecuniary (DNPI) under the Code of Conduct adopted by the Council in May 2012.  The nature as well as the existence of any such interest must be declared.  After declaring a DNPI interest, the Member may stay, speak and vote on the matter.

 

Advice to Members:  If any Councillor has any doubt about the existence or nature of any DPI or DNPI which he/she may have in any item on this agenda, he/she should seek advice from the Director of Corporate Services as Monitoring Officer, the Head of Legal or from other Solicitors in Legal Services as early as possible, and in advance of the Meeting.

 

Minutes:

No interests were declared.

370.

Revised Statement of Licensing Policy pdf icon PDF 64 KB

To consider the revised Statement of Licensing Policy and details of the consultation response.

Additional documents:

Minutes:

The Chairman introduced the report which presented the revised Statement of Licensing Policy at Appendix I of the report and detailed the consultation response.

 

The Senior Licensing Officer explained that following the consultation Members were asked to recommend to Council that the revised ‘Statement of Licensing Policy’ be adopted.

 

The Corporate Services Director reported that the Committee were asked to ‘adopt’ the policy, not approve it, so the recommendations in the report needed to be amended accordingly.  Members agreed to these amendments. 

 

In response to a query from a Member, the Corporate Services Director confirmed that the December 2016 dates mentioned on page 3 and page 5 of the report should read December 2015.

 

Resolved:

 

(1)  That the revised ‘Statement of Licensing Policy’ as set out on Appendix I of the report be adopted.

 

Recommendation:

 

(1)  That Council adopts the revised ‘Statement of Licensing Policy’ under the Licensing Act 2003, as set out on Appendix I of the report be adopted.

 

371.

Statement of principles under Gambling Act 2005: consultation response and final review policy pdf icon PDF 77 KB

To consider the revised Statement of Gambling Policy and details of the consultation response.

Additional documents:

Minutes:

The Chairman introduced the report which set out a revised Statement of Principles under the Gambling Act 2005 (Gambling Policy) attached at Appendix I of the report, with a view to incorporating the new Gambling Commission guidance and conducting a full review of the policy at the earliest opportunity.  She explained that a fresh consultation would be undertaken at that time and it was anticipated that this would be done within the next 12 months.

 

The Senior Licensing Officer reminded Members that at their meeting on 22 July 2015, the Committee agreed a consultation but that new guidance was anticipated.  She explained that the Gambling Commission had only recently published this guidance.  It was therefore recommended that the policy be adopted, as set out in the report, and that a further consultation incorporating the new guidance be commenced in the new year.

 

The Corporate Services Director reported that the Committee were asked to ‘adopt’ the policy, not approve it, so the recommendations in the report needed to be amended accordingly.  Members noted the amendments.  

 

Resolved:

 

(1)  That the revised ‘Statement of principles under the Gambling Act 2005 (Gambling Policy) as set out at Appendix I of the report, be adopted.

 

Recommended:

 

(1)  That Council adopts the revised ‘Statement of principles under the Gambling Act 2005 (Gambling Policy) as set out at Appendix I of the report.

372.

De-regulation of Late Night Refreshments pdf icon PDF 65 KB

To consider the implications for Swale Borough Council as the Licensing Authority following the De-regulation of Late Night Refreshments under the Licensing Act 2003.

Minutes:

The Chairman introduced the report which advised of the De-regulation of Late Night Refreshments under the Licensing Act 2003 which came info force for local authorities on 5 November 2015, and set out the implications of this for Swale Borough Council as the licensing authority.

 

The Corporate Services Director explained that it was important to note that the Council had discretion about whether to de-regulate a geographical area.  The legislation was not supported by the Police as it potentially weakened local authorities’ ability to ensure licences were being complied with.  Therefore, at this stage it was recommended that the change in legislation be noted and kept under review.

 

In response to queries, the Corporate Services Director advised that there would be a loss in revenue of approximately £4,000 if the de-regulation was introduced.  The Senior Licensing Officer confirmed that it was the premises that was licensed, not the person.  

 

Resolved:

 

(1)  That the change in legislation be noted and that at present there is no evidence to suggest that a geographical area be designated.