Agenda item

Licensing Act 2003 and Gambling Act 2005 - Delegation of Functions

Minutes:

The Team Manager Licensing reported on proposed arrangements for the authorisation of offices under the Licensing Act 2003 and Gambling Act 2005 and to confirm arrangements for the formation of Sub-Committees following the Annual Meeting of Council which took place on 18 May 2016.

 

The Team Manager Licensing informed the Committee that Section 9 of the Licensing Act 2003 provides that a licensing committee may establish one or more sub-committee consisting of three members of the committee.  Whilst Section 10 of the Licensing Act 2003 allows for the sub-delegation of functions by a licensing committee to a sub-committee established by it, or subject to certain restrictions, to officers.  She stated that authorisations had been previously been granted, but need updating to reflect changes to job titles following the establishment of the Shared Regulatory Service and change in the service department name.  The Team Manager Licensing also stated that the delegation of functions for the Gambling Act 2005 is delegated to the Licensing Act 2003 Committee established for the purposes of the Licensing Act 2003. 

 

The Team Manager Licensing reported on a proposal to delegate the responsibility for authorising offices to administer the requirements of the Licensing Act 2003 and Gambling Act 2005, to the Corporate Director Operational and Partnership Services and to the Head of Regulatory and Partnership Services, and for the Corporate Director Operational and Partnership Services to institute proceedings under those Acts.

 

The Team Manager Licensing also reported that where appropriate, the Corporate Director Operational and Partnership Services, the Head of Regulatory and Partnership Services, the Team Manager Licensing (Bridgend and Vale) and the Senior Licensing Officer (Technical) 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).  She stated that the authorisation in respect of her role as Team Manager Licensing (Bridgend and Vale) and the Senior Licensing Officer (Technical) would only take effect when they are made available to Bridgend County Borough Council in accordance with section 113 of the Local Government Act 1972.

 

The Team Manager Licensing sought approval of 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.  It was proposed that the Licensing Act 2003 Sub-Committees are chaired by the Chairperson or Vice Chairperson of the Licensing Act 2003 Committee where possible and in the event that the Chairperson or the Vice-Chairperson were not able to attend their respective Sub-Committee meeting, a chair will be elected from those in attendance.  She requested the Committee note that approval of both the licensing and gambling policy statements must, by statute, be determined by Council.     

 

RESOLVED:             (1) That the Committee exercised it delegated authority to authorise the Corporate Director Operational and Partnership Services to institute proceedings under the above-mentioned Acts.

 

(2) That the Committee exercised its delegated authority to authorise the Corporate Director Operational and Partnership Services, the Head of Regulatory and Partnership Services, the Team Manager Licensing (Bridgend and Vale) and the Senior Licensing Officer (Technical)  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).  

 

(3) That the Committee exercised its delegated authority and approved the arrangements for the formation of Sub-Committee as set out.                               

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