Councillors Hemesley (in the Chair), Clark, Mrs Cowling, Mrs DeWend Fenton, Hope and Mrs Keal.
Miss C Gaynor, Mrs M Jackson and S Richmond.
329. Apologies for Absence
Apologies for absence were received from Councillors MrsArnold, Bailey, Mrs Frank and Maud.
330. Minutes
The minutes of a meeting of the Licensing Committee held on
27 September 2007 (previously circulated)were presented.
Resolved
That the minutes of a meeting of theLicensing Committee held on 27 September 2007 be approved andsigned by the Chairman as a correct record.
331. Minutes of the Licensing SubCommittees
Resolved
That the minutes of a meeting of theLicensing Sub Committee held on the
23 November2007 (PDF, 11k) be deferred to the next meeting.
332. Urgent Business
The Chairman reported that there was one item to be consideredas a matter of urgency by virtue of Section 100B(4)(b) of the LocalGovernment Act 1972.
333. Declarations of Interest
No declaration of interest were made.
334. Gambling Act 2005 – Setting ofFees
The Environmental Health Manager submitted a report(previously circulated) which sought Members’ approval for thesetting of fees under the provisions of the Gambling Act2005.
Under the provisions of section 154(2)(b) of The Gambling Act2005 the licensing authority had the discretion to delegate thedecision on the setting of fees to the Licensing Committee. Thisdelegation was approved by Council on 8 March 2007.
The report advised Members of the powers available under theGambling Act and associated regulations on the setting offees.
The Environmental Health Manager reported that Section 154 ofThe Gambling Act 2005 provided that all decisions relating topremises' licences were delegated to the Licensing Committee of theauthority that had been established under section 6 of theLicensing Act 2003 except:
- A resolution not to issue casino licences, which must be takenby the whole authority
- Functions in relation to the three-year licensing policy, whichmust be taken by the whole authority
- Setting of fees (to the extent that a licensing authority hasdelegated power in relation to fees). The licensing authority candelegate decisions to the Licensing Committee, but there is noautomatic delegation, so each authority must decide its approach tosetting fees.
The proposed fee structure had been calculated in accordancewith recommended guidance and represented costs incurred by theCouncil in undertaking its relevant functions under the GamblingAct 2005.
Resolved
That the report be accepted and theproposed level of fees as detailed therein be approved.
335. Urgent Business
The following item was to be considered as a matter of urgencyby virtue of Section 100B of the Local Government Act 1972.
336. Gambling Act 2005 – Setting of Fees for TemporaryUse Notices
The Environmental Health Manager submitted a report(previously circulated) the purpose of which was to advise Membersof the Gambling Act 2005 (Temporary Use Notices) Regulations 2007and sought Members’ approval for the setting of fees under theRegulations.
Part 9 of the Gambling Act 2005 allowed the use of premisesfor gambling where there was no premises licence but where agambling operator wished to use the premises temporarily forproviding facilities for gambling. The Secretary of State had nowprescribed the Regulations, which came into force on 1 December2007. Regulation 7 required the Licensing Authority to determinethe fees for a Temporary Use Notice. This fee, however, must notexceed £500. In addition, the Licensing Authority must determinethe fee payable under Section 227(6)(a) of the Act for thereplacement of an endorsed copy of a Temporary Use Notice and thisfee must not exceed £25.
The Environmental Health Manager reported that the proposedfee structure had been calculated in accordance with recommendedguidance and represented costs incurred by the Council inundertaking its relevant functions under the Gambling Act2005.
Resolved
That the report be accepted and that a feeof £500 be charged for a Temporary Use Notice and £10.50 for anendorsed copy of the Temporary Use Notice.