Agenda and minutes

Licensing Committee - Tuesday, 9 November 2010 7:15 pm

Venue: Conference Room 4a&b, Civic Offices, Leigh Road, Eastleigh

Contact: Karin James, Democratic Services Officer Tel: 023 8068 8113; Email:  karin.james@eastleigh.gov.uk 

Items
No. Item

RECOMMENDED ITEM (REQUIRING A DECISION)

1.

Review of Licensing Policy 2011 - 2014 pdf icon PDF 125 KB

Under the terms of the Licensing Act 2003 the current Eastleigh Borough Council Statement of Licensing Policy is subject to review on a three yearly basis, and the current period ends in January 2011. 

Minutes:

The Chair welcomed visitors to  the meeting: Diccon Bright, Area Co-ordinator, Mr Simon Bancroft and Mr Chas Stone from Eastleigh Pub Watch, all of whom had made suggestions for amendments to the Policy. 

 

The Chair reminded those present of the unique quasi judicial nature of the Licensing Committee as opposed to other committees of the Council. 

 

Minor amendments proposed and previously included within the policy circulated to the Committee were accepted, together with the correction of some minor typing errors.

 

The representatives of Pub Watch expressed the opinion that whilst they felt they had a good relationship with the Police Safer Streets team they did not feel the Licensing branch of the Police were always working with licensees, and had issued Review Applications prior to undertaking any/sufficient mediation.  They requested that there be more mediation via the Licensing Authority to avoid unnecessary hearings.  Whilst it was explained this couldn’t be part of the policy, the general premise was accepted, and Pub Watch were advised to contact Eastleigh Borough Council Licensing Officers who would  mediate wherever possible. 

 

Pub Watch representatives also mentioned the problems incurred by licensees when faced with clients, of all ages, ‘pre-loading’ or even bringing bottles of spirit on to their premises.  Concern was expressed that licensees could then be held responsible for selling to those ‘in drink’ although they may have only served such a client with one drink.  With the current promotions within supermarkets licensees were unable to compete on price and therefore such problems were exacerbated.  The recent introduction of a Designated Public Places Order (DPPO) in Eastleigh had been well received by the licensing trade within the town.  

 

Suggested amendments from the Area Co-ordinator were circulated to members of the Committee.  These amendments included:

 

  • Support for licensees as major employers and their importance as part of the social cultural fabric of the Borough;
  • Concerns about links between alcohol and community safety and health especially for young people;
  • Acknowledgement that the Licensing Act was unable, in its current form, to support priorities around health and community safety to the extent that might be desired;
  • The need for changes and rebalancing of the Act which might possibly include a fifth licensing objective in relation to public health. 

 

The intention of the suggested amendments from both the Area Co-ordinator and Pub Watch were accepted by the Committee, however due to the nature of the Licensing Act itself it was not felt that such suggestions could legally be included within the Policy.  However further discussion on the points raised would be welcomed and every opportunity should be taken to feed such ideas back to Government to be included in future amendments to the Act.

 

The Chair thanked the Area Co-ordinator and the representatives from Pub Watch for their contributions to the meeting. 

 

RECOMMENDED –

 

That the Licensing Policy as amended be accepted.

 

RESOLVED –

 

(1)  That the inclusion of any further suggested amendments received be delegated to officers, in consultation with the Chair and Vice Chair prior to Full Council on 16 December 2010; and

(2)  That the comments made by Pub Watch and the Area Co-ordinator be noted;

 

(NOTE; It was agreed that the Cabinet lead for Health should take forward the comments by the Area Co-ordinator.)

 

RESOLVED ITEMS (SUBJECT TO QUESTIONS ONLY)

2.

Declarations of Interest

Members are invited to declare interests in relation to items of business on the agenda.  Any interests declared will be recorded in the Minutes.

Minutes:

None

 

3.

Minutes pdf icon PDF 13 KB

To consider the minutes of the meeting held on  23 September 2009.

Minutes:

RESOLVED –

 

That the minutes of the Licensing Committee meeting held on 23 September 2009 be confirmed and signed by the Chair as a correct record. 

4.

Licensing Panel Minutes pdf icon PDF 9 KB

Additional documents:

Minutes:

The Committee considered the following minutes from Licensing Panels:

 

17 September 2009 – Shamblehurst Barn;

9 October 2009 – Mace Convenience Store, Bishopstoke;

18 February 2010 – Personal Licence (cancelled);

4 March 2010 – Temporary Event Notice Shell Mex Ground (cancelled);

15 July 2010- Southern Co-operative Hursley Road, Chandler’s Ford;

26 July 2010 – The Litten Tree, Eastleigh;

19 October 2010 – Personal licence.

 

Notes on meetings cancelled after the panel had convened had been included at the request of the Chair.  This was to acknowledge the time and resources allocated to such hearings, however it was agreed to note these in red in future.

 

The Committee expressed its frustrations when agreement between Police and licensees/applicants was achieved at a very late stage.  Early negotiation between parties was to be encouraged.

 

The Committee made special note of the hearing on 26 July which had lasted for over six hours and had not ended until very late in the evening.  Members expressed their thanks to officers but requested that wherever possible such hearings should always start earlier in the day to avoid such a recurrence.

 

RESOLVED -

 

That the minutes of the above panel meetings be confirmed and signed by the Chair as a correct record.