Venue: Bridges Room - Civic Centre. View directions
Contact: Sonia Stewart, email: soniastewart@gateshead.gov.uk
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Constitution The constitution of the Committee and the appointment of the Chair and Vice Chair as approved by the Council for the Current municipal year is set out below.
Councillor K Dodds – Chair Councillor J Green – Vice Chair Councillor D Bradford Councillor M Charlton Councillor W Dick Councillor D Duggan Councillor B Goldsworthy Councillor J Graham Councillor J Kielty Councillor C McHatton Councillor R Mullen Councillor B Oliphant Councillor M Ord Councillor A Thompson Councillor N S Weatherley Minutes: RESOLVED -That the constitution of the Committee for the 2017/18 Municipal Year be noted. |
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The Committee is asked to agree the minutes of the last meeting held on 28 February 2017. Minutes: RESOLVED -That the minutes of the Committee held on 28 February 2017 be approved as a correct record. |
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Hearing and Reviews before Sub-Committees PDF 52 KB Report of the Strategic Director, Corporate Services and Governance Minutes: The Committee received a report detailing the Hearings and Reviews before sub-Committee between 18 January 2017 and 27 November 2017.
RESOLVED - That the information contained within the report be noted. |
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Licences and Certificates Issues under the Licensing Act 2003 PDF 50 KB Report of the Strategic Director, Communities and Environment Minutes: The Committee received a report detailing the number of licences and certificates which have been issued under delegated powers between 1 January 2017 and 31 October 2017.
RESOLVED - That the information contained within the report be noted. |
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Other Applications and Notifications processed under the Licensing Act 2003 PDF 48 KB Report of the Strategic Director, Communities and Environment Minutes: The Committee received a report detailing other applications and notifications processed under the Licensing Act 2003 between 1 January 2017 and 31 October 2017.
RESOLVED - That the information contained within the report be noted. |
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Licences Notifications Permits and Registrations issued under the Gambling Act 2005 PDF 53 KB Report of the Strategic Director, Communities and Environment. Minutes: The Committee received a report which provided details of licences, notifications, permits and registrations issued under the Gambling Act 2005.
Licence
Notification
Permits
Registrations
RESOLVED - That the information contained in the report be noted. |
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Appeals and Prosecutions - Licensing Act PDF 50 KB Report of the Strategic Director, Corporate Services and Governance
Minutes: The Committee were presented with details of appeals and prosecutions between 18 January 2017 and 27 November 2017.
1 Appeal has been submitted following a premises licence revocation. A decision is pending subject to a final hearing on 14 December 2017.
3 prosecutions have been taken to the Magistrates Court in relation to sale of alcohol.
There were no appeals or prosecutions to report in relation to the Gambling Act.
RESOLVED - That the information presented in the report be noted.
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Appeals and Prosecution - Gambling Act There are no appeals and prosecutions to report under the Gambling Act Minutes: There were no appeals or prosecutions to report in relation to the Gambling Act.
RESOLVED - That the information be noted. |
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Report of the Strategic Director, Communities and Environment Minutes: A report was presented to update the Committee on a consultation announced by Government in October 2016 of a review of gaming machines and social responsibility measures, a 12 week consultation was launched on 31 October 2017.
The main proposals put forward are:
· proposed ??regulatory? ?changes? ?to? ?the? ?maximum? ?stake for B2 gaming machines,? ?looking? ?at? ?options? ?between? ?£50 and? ?£2,? ?in? ?order? ?to? ?reduce? ?the? ?potential? ?for? ?large? ?session? ?losses? ?and? ?therefore to? ?potentially? ?harmful? ?impacts? ?on? ?players? ?and? ?their? ?wider? ?communities;
· While ??the?? industry?? proposes?? increases?? to ??the ??remaining??? stakes?? and?? prizes, permitted? ?numbers? ?and? ?allocations? ?across? ?other? ?categories? ?of? ?machine(B1,? ?B3,? ?B3A,? ?B4,? ?C? ?and? ?D? ?gaming? ?machines),? ?the Government ?believes? ?retention? ?of? ?the current? ?regulatory? ?environment? ?will? ?better? ?protect? ?players? ?from? ?potential? ?harm than? ?industry’s? ?proposed? ?increases;
· corresponding? ?social responsibility? ?measures? ?across? ?gaming? ?machines? ?that? ?enable? ?high? ?rates of? ?loss,? ?on? ?player? ?protections? ?in? ?the? ?online? ?sector,? ?on? ?a? ?package? ?of measures? ?on? ?gambling? ?advertising? ?and? ?on? ?current? ?arrangements? ?for? ?the delivery? ?of? ?research,? ?education? ?and? ?treatment? ?(RET).?
The Government are aware of the issues here and the harm the machines do. However, there is also an acknowledgement that these terminals keep the betting shops going.
The Government thinks that the current regulatory environment will be maintained. Members of the Committee were asked to respond to Elaine and Tim with any comments to the response.
RESOLVED - That members submit views on the consultation and that they will be incorporated into the response. |
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Case Law and Legislation Update PDF 47 KB Report of the Strategic Director, Corporate Services and Governance Minutes:
A report was presented in relation to the Policing and Crime Act 2017 which approved the amendment of the Licensing Act 2003 to place cumulative impact policies on a statutory footing by introducing the concept of “cumulative impact assessments”, which will enable the Council to identify parts of the Borough where it is considered likely that it would be inconsistent with the Authority’s duty to promote the Licensing Objectives to grant any further premises licences or club premises certificates in those places. This new statutory power will supplement the work being undertaken to develop ‘local licensing guidance’ which will help inform applicants, licensees and residents of the issues of particular concern in certain parts of the Borough. The date for the amendment to the Licensing Act to come into force is yet to be appointed.
In regard to the Licensing Act, the Scottish case of Martin McColl Ltd v West Dunbartonshire Licensing Board (2017) LLR 551 illustrates the approach that the Courts take to cumulative impact as above. The Scottish legislation is slightly different and refers to ‘overprovision’ in certain areas. In the case in question the Licensing Board had refused to grant a provisional premises licence for a convenience store to begin selling alcohol on the basis that the applicant had not done enough to rebut the presumption to refuse due to existing overprovision in the relevant area. The Sheriff found on appeal that the Licensing Boar had acted properly in making its decision, and emphasised the importance of giving full and clear reasons when making such decisions.
RESOLVED - that the information contained within the report be noted.
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Report of the Strategic Director, Communities and Environment Minutes: The Committee received a report to update members on the Government response to the report from the House of Lords Select Committee on the Licensing Act 2003.
The Select Committee was set up in May 2016 with the task of conducting post-legislative scrutiny of the Act. The Committee looked at the provision of the Act, in its original form with its subsequent amendments, at its implementation and at related developments.
A public call for written evidence was made on 30 June 2016 from anyone with an interest in the operation of the Licensing Act 2003, Gateshead Council contributed to a regional response through the North East Strategic Licensing Group which then fed into the Local Government Association response.
In particular the Committee were interested in a number of issues including:
· should there be additional objectives eg the protection of health and wellbeing · does the Licensing Act now achieve the right balance between the rights of those who wish to sell alcohol and provide entertainment and the rights of those who wish to object? · do local communities engage effectively in the licensing regime, and if not, what could be done? · how effectively does the regime control supermarkets and large retailers, under-age sales, and delivery services? · shouldthe Government introduce minimum unit pricing in England? · do licence fees need to be set at national level?
Some of the issues raised through the region included:
· The lack of a national database of personal licence holders, allowing unsuitable applicants to move between councils as and when their premises get shut down. · The absence of many Designated Premises Supervisors (DPS) from the premises itself and the general weakness of this role · Weaknesses in the review/appeals system that allows unscrupulous operators to transfer the licence or delay closure for significant periods of time · Concerns around enforcing the duty plus VAT mandatory condition · The fact that a licence cannot be refused where a business owes the council unpaid business rates · The fact that licences cannot be removed where a premises has ceased trading and, in some cases, where it has been turned into a carpark. This means a council has to carry the debt from unpaid fees in perpetuity, and distorts the national picture of how many licences are in existence.
The report contained over 70 recommendations including a trial merger of Licensing and Planning Committees, an equivalent to a planning inspectorate which hears planning appeals, all councillors sitting on Licensing Committee should undertake compulsory training, if a minimum unit price is brought into force in Scotland, following assessment, it should be introduced in England and Wales.
The select Committee did say that the Act requires overhaul, however, the government has said that there is not going to be an overhaul and they have rejected the Committee’s proposals to merge Licensing and Planning Committees. It also is not going to change the requirement to publish in the local newspapers. It is going to consider minimum unit pricing. RESOLVED - that the information contained within the report ... view the full minutes text for item LC45 |
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The introduction of a minimum unit price in Scotland. PDF 71 KB Report of the Strategic Director, Communities and Environment Minutes: The Committee received a report to provide an update on the recent ruling by the UK Supreme Court.
The Supreme Court ruling in London on 15 November 2017 was the final stage of a five-year legal battle, with the case having already passed through courts in Edinburgh and Luxembourg.
MSPs at the Scottish Parliament passed The Alcohol (Minimum Pricing) (Scotland) Act 2012 in May 2012, setting a 50p minimum unit price as part of an effort to tackle alcohol issues.
The Scottish Whisky Association (SWA) took action against the proposal, which it said would breach European law and, after an initial challenge at the Court of Session failed in 2013, the SWA appealed to the European Court of Justice (ECJ).
In December 2015 a European court said the legislation might break EU law if other tax options would prove as effective, but said it was “ultimately for the national court to determine” whether they did.
The case then returned to the Scottish courts and in October 2016 the Court of Session in Edinburgh ruled against the challenge by the Scottish Whisky Industry. Scottish judges Lord Carloway, Lord Brodie and Lord Menzies ruled that the plans to introduce a minimum unit price were legally sound. However, in December 2016 the three judges allowed the Scottish Whisky Association to go to the UK Supreme Court after hearing form the organisation’s advocate Aidan O’Neill QQ, who argued that the original ruling misunderstood European law.
The two-day hearing in July 2017 in the Supreme Court was the final point of appeal for the case in UK courts. Seven Supreme Court judges considered the arguments and in a unanimous judgement announced on 15 November 2017, said the legislation did not breach European Union law.
RESOLVED – that the information contained within the report be noted. |