Thursday, 26 July 2007
Council Chamber, Ryedale House, Malton
Present
Councillors Bailey, Clark, Mrs Cowling (in the Chair), Mrs DeWend Fenton and Mrs Frank.
In Attendance
Mrs L Carter, Miss C Gaynor, S Richmond and Miss J Waggott.
Minutes
165. Chairman of the Meeting
In the absence of both the Chairman and Vice Chairman of theCommittee, it was:
Resolved
That Councillor Mrs Cowling be electedChairman for the meeting.
166. Apologies for Absence
Apologies for absence were received from Councillors MrsArnold, Hemesley, Mrs Hodgson, Mrs Keal and Maud.
167. Minutes
The minutes of a meeting of the Licensing Committee held on
21 June 2007 (previously circulated) werepresented.
Resolved
That the minutes of a meeting of theLicensing Committee held on 21 June 2007 be approved and signed bythe Chairman as a correct record.
168. Urgent Business
The Chairman reported that there were no items to beconsidered as a matter of urgency by virtue of Section 100B(4)(b)of the Local Government Act 1972.
169. Declarations of Interest
In accordance with the Members’ Code of Conduct the followingdeclaration of interest was made:
| Item 5 | Councillor Mrs Frank declared a personal interest in this itemas an owner of a Licensed Premises. |
170. Licensing Act 2003 - Review of LicenisngPolicy
The Environmental Health Manager submitted a report(previously circulated) which sought approval to review theCouncil's Licensing Policy.
The Environmental Health Manager reported that under theprovisions of the Licensing Act 2003, the Council as a LicensingAuthority, must determine its policy every three years. During thethree year period, the policy must be kept under review and theLicensing Authority may make such revisions to it as it considersappropriate. Where revisions are made, the Licensing Authority mustpublish a statement of the revisions or the revised licensingstatement. Before determining its policy for any three year period,the local authority must consult the Chief Officer of Police forthe area, the Fire Authority, representatives of local holders ofpremises licences, representatives of local holders of clubpremises certificates, representatives of local holders of personallicences and representatives of business and residents in its area.In determining its policy the Licensing Authority shall have regardto any guidance issued by the Secretary of State.
The determination of the Council's Licensing Policy must bemade by Council and cannot be delegated to the Licensing Committee.The Council approved the existing Licensing Policy on 11 November2004. The Policy was due for revision and the consultation drafthad been amended to reflect changes in the Secretary of State'sguidance and was presented in a more reader-friendly style. Theconsultation period allowed for 6 weeks, with a view to reportingthe results of the consultation back to this Committee on 27September 2007 and approval of the Policy by Council on 8 November2007.
Resolved
That the draft revised Licensing Policy beagreed for consultation purposes.