Agenda and minutes

To receive and record apologies for absence.

Apologies were received from Councillors Milne and Moutray.

To receive and record any declarations of interests from members present in respect of any of the various matters on the agenda for this meeting.

There were no declarations of interests from members present in respect of any of the various matters on the agenda for this meeting.

To approve:

1          the minutes of the meeting of the Licensing Committee held on 12^th June 2023.

RESOLVED that:

the minutes of the meeting of the Licensing Committee held on 12^th June 2023 be agreed as a correct record subject to the below amendments to be made to the Unmet Demand Survey item:

“Following questions; Members took part in a debate regarding their views on the results of the survey; some concerns were raised regarding the validity of speaking with the profession only specifically in terms of unspent capacity”.

Report number HBC/011/2023 of the Licensing Team Leader attached.

The Licensing Team Leader introduced her report. In response to questions from Members, the officer advised that:

·       Any reference to the Gambling Act 2005 includes all previous incorporated changes. This Act is “as amended.”

·       The Licensing Authority are responsible for putting updates onto their website, i.e publishing notice of applications. The Act refers to the applicant’s obligations to publish notices at the premises and in a local newspaper.

It was also noted that at section 9.2 an error in the wording will be amended from “fee” to “free”.

PROPOSED by Councillor Weeks and SECONDED by Councillor Sceal RESOLVED that Members APPROVE the revised Statement of Principles under the Gambling Act 2005 for the purpose of consultation.

Report number HBC/012/2023 of the Licensing Team Leader attached.

There were no questions raised from Members. PROPOSED by Councillor Weeks and SECONDED by Councillor Shimbart the Committee RESOLVED that Members:

APPROVE the revised statement of Licensing policy under the Licensing Act 2003 for the purpose of consultation.

Report number HBC/013/2023 of the Licensing Team Leader attached.

Following questions from Members, the Officer advised that:

·       Consent streets were originally designated by the Council in the 1980s.

·       If a road name is not contained on the list, then anyone can trade there (with landowners permission) which results in concern over the enforcement of this.

·       It is not unusual for an authority to designate every street in their authority on the list.

It was PROPOSED by Councillor Brent and SECONDED by Councillor Patel that the recommendation be AMENDED to:

Adopt ALL streets in the borough (that fall within the definition of streets in this legislation) as a consent street.

PROPOSED by Councillor Keast and SECONDED by Councillor Patel it was RESOLVED that Members;

APPROVE the commencement of the statutory consultation process for adopting the relevant legislation and designating ALL streets in the borough (that fall within the definition of streets in this legislation) as a consent street.

Report number HBC/014/2023 of the Licensing Team Leader attached.

The Licensing Team Leader introduced her report, following questions from Members it was clarified that:

·       One off markets would likely need street trading consent. This would include one application for the entire site.

·       A Pedlars Certificate relates to a travelling salesman, who must be moving when trading. Pedlars Certificates are issued by the local police.

PROPOSED by Councillor Keast and SECONDED by Councillor Sceal, RESOLVED that Members;

APPROVE the draft street trading policy for public consultation.