Agenda and minutes

Licensing Committee - Thursday, 28th January, 2010 6.30 pm

Venue: Council Chamber - Ryedale House, Malton, North Yorkshire YO17 7HH. View directions

Contact: Mrs Lynda Carter 

Items
No. Item

1.

Apologies for absence

Minutes:

Apologies for absence were received from Councillors Mrs Frank and Mrs Keal.

2.

Minutes

To approve as a correct record the minutes of the meeting of the Licensing Committee held on 26 November 2009.

Supporting documents:

Minutes:

The minutes of a meeting of the Licensing Committee held on 26 November 2009 were presented.

 

         Resolved

 

         That the minutes of a meeting of the Licensing Committee held on 26 November 2009 be approved and signed by the Chairman as a correct record subject to Minute No. 27 (Declarations of Interest) being amended by the deletion of the word ‘son’ and the substitution of the words ‘son-in-law’.    

3.

Urgent Business

To receive notice of any urgent business which the Chairman considers should be dealt with at the meeting as a matter of urgency by virtue of Section 100B(4)(b) of the Local Government Act 1972.

Minutes:

The Chairman reported that there were no items of urgent business to be considered.

4.

Declarations of Interest

Members to indicate whether they will be declaring any interests under the Code of Conduct.

 

Members making a declaration of interest at a meeting of a Committee or Council are required to disclose the existence and nature of that interest.  This requirement is not discharged by merely declaring a personal interest without further explanation.

Minutes:

There were no declarations of interest.

PART 'A' ITEMS - Matters dealt with under delegated powers or matters determined by Committee

5.

The Authorisation of Hypnotism - The Hypnotism Act 1952 (As amended)

Supporting documents:

Minutes:

The Head of Environment submitted a report, which provided information regarding the authorisation of hypnotism at or in connection with an entertainment, and recommended the adoption of conditions to be applied to any authorisation given by the Council as controlling authority.

 

Formerly, the Local Government (Miscellaneous Provisions) Act 1982 regulated the performance of hypnotism under the authorisation of a public entertainment licence (PEL).  On 24 November 2005, The Licensing Act 2003 replaced PELs by Premises Licences.  New guidance has recently been received confirming that Premises Licences cannot be issued to permit the performance of hypnotism, because hypnotism is not regulated entertainment under the terms of the Licensing Act 2003.  Conditions regarding hypnotism cannot be attached to a Licensing Act Premises Licence nor can a Temporary Event Notice (TEN) be used for a performance of hypnotism.  It is therefore necessary for the Council to make provision to be able to accept applications for authorisations under the Hypnotism Act 1952 (as amended).

 

         Resolved

 

         That the report be received and that the staging of hypnotism as a means of entertainment be subject to the conditions as set out in Annex B to the report.

 

 

 

 

The meeting closed at 8.40 pm.