Agenda and minutes

Licensing Act 2003 Committee
Monday, 9th July, 2018 14:00

Venue: Committee Rooms 2/3, Civic Offices Angel Street Bridgend CF31 4WB. View directions

Contact: Mrs Julie Ellams 

Items
No. Item

8.

Declarations of Interest

To receive declarations of personal and prejudicial interest (if any) from Members/Officers in accordance with the provisions of the Members Code of Conduct adopted by Council from 1 September 2008.

 

 

Minutes:

None. 

9.

Approval of Minutes pdf icon PDF 48 KB

To receive for approval the minutes of 22/05/18

 

Minutes:

RESOLVED:            That the minutes of the meeting of the Licensing Act 2003 Committee of 22 May 2018 be approved as a true and accurate record.

10.

Licensing Act 2003 and Gambling Act 2005 - Delegation of Functions pdf icon PDF 65 KB

Minutes:

The Licensing Policy Officer presented a report setting out the proposed arrangements for the authorisation of officers under the Licensing Act 2003 and Gambling Act 2005 and confirming arrangements for the formation of sub-committees following the Annual Meeting of Council 2018.

 

The Licensing Policy Officer explained that Section 9 of the Licensing Act provided that a licensing committee could establish one or more sub-committees consisting of three members of the committee.  Council at its Annual Meeting on 16 May 2018 established the membership of the Licensing Act 2003 Committee.  He stated that Section 10 of the Licensing Act 2003 allowed for the sub-delegation of functions by a licensing committee to a sub-committee established by it, or subject to certain restrictions, to officers.  Authorisations had previously been approved by Committee but needed to be updated to reflect changes to job titles following the establishment of the Shared Regulatory Service and change in the service department name.

 

The Licensing Policy Officer reported that in the interests of effective performance it was proposed to delegate the responsibility for authorising officers to administer the requirements of the Licensing Act 2003 and Gambling Act 2005, to institute proceedings under those Acts to the Head of Legal and Regulatory Services. 

 

It was also proposed that, where appropriate, the Head of Legal and Regulatory Services, the Team Manager Licensing (Bridgend and Vale) and the Senior Licensing Officer (Technical) and Senior Licensing Enforcement Officer, Senior Licensing Policy Officer and Licensing Assistant be authorised to acknowledge and issue Notices relating to Temporary Event Notices; to issue, refuse, suspend licences, registrations, certificates, permits and notices, to implement the relevant provisions in respect of offences, reviews or other requirements; pursuant to any of the rules, regulations and/or Orders made under the Licensing Act 2003 and Gambling Act 2005 (as amended).  The authorisations in respect of the Team Manager Licensing (Bridgend and Vale), Senior Licensing Officer (Technical), Senior Licensing Enforcement Officer, Senior Licensing Policy Officer and Licensing Assistant would only take effect when these officers are made available to Bridgend County Borough Council in accordance with section 113 of the Local Government Act 1972.

 

The Committee was requested to approve the existing arrangement of the formation of further Sub-Committees consisting of three Members of the Licensing Act 2003 Committee to determine applications under the Licensing Act 2003 and Gambling Act 2005.  The Committee was asked to note that approval of both the licensing and gambling policy statements must, by statute, be determined by Council.  It was proposed that the Licensing Act 2003 Sub-Committees were chaired by the Chairperson or Vice Chairperson of the Licensing Act 2003 Committee where possible.  In the event that the Chair or Vice Chair were not able to attend, a chair person would be elected from those in attendance.

 

RESOLVED:     That the Committee:

 

1)     Exercised its delegated authority to authorise the Head of Legal and Regulatory Services to institute proceedings under the above-mentioned Acts.

 

2)     Exercised its  delegated authority to authorise the  Head of Legal and Regulatory Services,  ...  view the full minutes text for item 10.

11.

Urgent Items

To consider any other item(s) of business in respect of which notice has been given in accordance with Rule 4 of the Council Procedure Rules and which the person presiding at the meeting is of the opinion should by reason of special circumstances be transacted at the meeting as a matter of urgency.

 

 

Minutes:

There were no urgent items.