Agenda and draft minutes

Licensing Committee
Tuesday, 12th December, 2017 3.00 pm

Venue: Bridges Room - Civic Centre. View directions

Contact: Sonia Stewart, email:  soniastewart@gateshead.gov.uk 

Items
No. Item

LC35

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.

LC36

Minutes pdf icon PDF 110 KB

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.

LC37

Hearing and Reviews before Sub-Committees pdf icon 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.

 

Premises

Applicant

Date

Representations

Decision

The Metropole Public House

262 High Street

Gateshead

NE8 1AQ

Amber Taverns

8/05/17

Director of Public Health

 

Trading Standards

 

2 interested parties

Grant provision of late night refreshment subject to amendment to conditions

 

Refuse variation for extended hours for sale of alcohol

The Railway Tavern Public House

Abel House

1-2 Station Rd

Rowland Gill

NE39 1 QD

Mr Stephen Oliver

14/06/17

Planning Department

 

18 Interested Parties

 

Petition with 94 signatures

Grant sale of alcohol subject to conditions

Whitehall Corner Shop

143 Rawling Rd

Gateshead

NE8 4QT

Trading Standards

16/08/17

Trading Standards

 

LSCB

 

Director of Public Health

 

Licensing Authority

 

Northumbria Police

Refuse transfer of licence

 

Remove Designated Premises Supervisor

 

Revoke Premises Licence

 

Sunlea Store

17 Hookergate Lane

High Spen

NE39 2BE

Trading Standards

16/08/17

Trading Standards

 

LSCB

 

Director of Public Health

 

Licensing Authority

 

Northumbria Police

 

1 interested party

Licence to continue in force subject to conditions

33 Penshaw View

Birtley

DH3 2JL

Haseena Mahmood

16/08/17

Licensing Authority

 

1 interested party

Licence granted subject to conditions

Dunston Social Club

Ravensworth Road

Dunston

NE11 9AF

Dunston Social Club and Institute

3/10/17

1 interested party

Licence granted

Rapid Service Station

Durham Road

Harlow Green

Gateshead

NE9 7TD

Penny Petroleum Partnership

31/10/17

Director of Public Health

 

Licensing Authority

Extension of hours for sale of alcohol granted, subject to conditions

Durham Road Service Station

Durham Road

Birtley

DH3 2PF

Penny Petroleum North East Limited

31/10/17

Director of Public Health

 

Licensing Authority

Extension of hours for the sale of alcohol granted, subject to conditions

 

RESOLVED - That the information contained within the report be noted.

LC38

Licences and Certificates Issues under the Licensing Act 2003 pdf icon 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.

 

Premises Licences and Club Premises Certificates

New Premises Licences        

20

Premises Licences Variations

4

New Club Premises Certificates

0

Club Premises Certificates Variations

0

Minor Variations

5

DPS Variations

103

Change of name and address, replacement licence etc

24

TOTAL

155

 

Personal Licences

New Personal Licences

136

Personal Licence change of address/name

45

TOTAL

181

 

RESOLVED - That the information contained within the report be noted.

LC39

Other Applications and Notifications processed under the Licensing Act 2003 pdf icon 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.

 

Type of Application/Notification

Temporary Event Notices given

245

Premises Licence Holder Transfers

36

Notifications of Interest

1

 

RESOLVED - That the information contained within the report be noted.

LC40

Licences Notifications Permits and Registrations issued under the Gambling Act 2005 pdf icon 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

 

Type of Licence

Bingo Premises Licence

0

Betting Premises Licence (Grant)

1

Betting Premises Licence (Transfers)

2

Adult Gaming Centre Premises Licence

0

Family Entertainment Centre Premises Licence

0

 

Notification

 

Type of Notification

Notice of intention of alcohol licensed premises to make gaming machines available for use

9

 

Permits

 

Type of Permit

Unlicensed family entertainment centre gaming machine permits

0

Prize Gaming Permits

0

Alcohol – licensed premises gaming machine permits

0

Club Gaming Permits

0

Club Machine Permits

0

 

Registrations

 

Type of Registration

New Small Society Lotteries

24

Small Society Lottery Renewals

35

 

RESOLVED - That the information contained in the report be noted.

LC41

Appeals and Prosecutions - Licensing Act pdf icon 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.

 

 

 

 

LC42

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.

LC43

Consultation on Proposals for changes to gaming Machines and Social Responsibility Measures pdf icon PDF 118 KB

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.

LC44

Case Law and Legislation Update pdf icon 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.

 

 

 

LC45

The Government response to the report from the House of Lords select committee on the Licensing Act 2003 pdf icon PDF 101 KB

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

LC46

The introduction of a minimum unit price in Scotland. pdf icon 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.