Agenda and minutes

Licensing & Gambling Acts Committee - Tuesday, 7th February, 2023 1.00 pm

Venue: Council Chamber, District Council Offices, 2013 Mill Lane, Wingeworth, Chesterfield S42 6NG

Contact: Alan Maher  01246 217391

Items
No. Item

LGA/14/22-23

Apologies for Absence

Minutes:

Apologies were received from Councillors Michelle Emmens, Pat Kerry, Tracy Reader and Martin E Thacker MBE JP.

LGA/15/22-23

Declarations of Interest

Members are requested to declare the existence and nature of any disclosable pecuniary interests and/or other interests, not already on their register of interests, in any item on the agenda and withdraw from the meeting at the appropriate time.

Minutes:

None.

LGA/16/22-23

Minutes of Last Meeting pdf icon PDF 200 KB

To approve as a correct record and the Chair to sign the attached Minutes of the meeting of the Licensing and Gambling Acts Committee held on 11 October 2022.

Minutes:

RESOLVED - That the Minutes of the meeting held on 11 October 2022 were approved as a correct record and signed by the Chair.

 

LGA/17/22-23

Licensing & Gambling Acts Committee and Sub-Committees Meeting Arrangements pdf icon PDF 523 KB

Report of the Assistant Director of Governance and Monitoring Officer.

Minutes:

The Committee considered the arrangements for Licensing & Gambling Acts Committee and Sub-Committees meetings for the forthcoming 2023-24 Municipal Year.

 

The report included proposals for meeting dates, an addition to the scheme of delegation, and changes to procedures for Sub Committee meetings.

 

The report proposed that for procedures relating to drivers not being in attendance, the most appropriate approach would be for each case to continue to be judged on its merits. In particular, when advance notice had been given of the applicant not attending, the Chair of Committee could be asked to determine if it would be appropriate for the hearing to take place, following advice from the appropriate officers. When no notice or very short notice was given then this could be decided by the Sub Committee Members by a simple majority, again following advice from the appropriate officers. Members agreed that this proposed approach offered the Sub Committees the most flexibility.

 

RESOLVED

 

(1)            That Committee noted the schedule of draft dates for the Licensing & Gambling Acts Committee during the 2023-24 Municipal Year.

 

(2)            That Committee noted the schedule of draft dates for the Licensing & Gambling Acts Sub Committee meetings for the 2023-24 Municipal Year.

 

(3)            That the Assistant Director of Governance and Monitoring Officer would continue to appoint Members to serve on scheduled and unscheduled meetings of the Licensing & Gambling Acts Sub-Committee and that Committee recommends to Standards Committee that a specific delegation be included in the Scheme of Delegation in the Constitution.

 

(4)            Committee considered the Procedural Arrangements for Licensing & Gambling Sub Committee meetings, and agreed that each case would continue to be judged on its merits. In particular, when advance notice had been given of the applicant not attending, the Chair of Committee could be asked to determine if it would be appropriate for the hearing to take place, following advice from the appropriate officers. When no notice or very short notice was given then this could be decided by the Sub Committee Members by a simple majority, again following advice from the appropriate officers.

LGA/18/22-23

Licensing Act Review

Environmental Health Team Manager (Licensing)

 

Minutes:

The Environmental Health Team Manager (Licensing) informed Members that the Council’s Licensing policy required an update every 5 years in law, and so a review of the policy would take place in 2024. The Environmental Health Team Manager (Licensing) added that Members should inform Licensing officers of any suggestions for what the review should include.

 

RESOLVED – That the update be noted.

LGA/19/22-23

Duty to Protect 'Martyn's Law' - Update pdf icon PDF 196 KB

Environmental Health Team Manager (Licensing), Legal Team Manager and Deputy Monitoring Officer

 

Minutes:

The Environmental Health Team Manager (Licensing) informed Members of the Government’s plan to introduce a piece of legislation called ‘Martyn’s Law’, and the implications this law would have for the Council.

 

Members were informed that the Bill would impose a duty on the owners and operators of certain locations to increase their preparedness for and protection from a terrorist attack. Buildings would be sorted into two lists (‘Enhanced’ and ‘Standard’) based on their size.

 

Members were informed that all Council assets would fall within the ‘Standard’ tier (100 to 800 capacity). This would result in the need for regular awareness training for staff, a counter terrorism risk assessment, and implementation of mitigating actions and emergency procedures in the event of a terror attack.

 

RESOLVED – That the update be noted.

 

LGA/20/22-23

Matters of Urgency

To consider any other matter which the Chair of the Committee is of the opinion should be considered as a matter of urgency.

Minutes:

None.