Agenda and minutes

Venue: Anglia Room, The Conference Suite, Elizabeth House, Dereham

Contact: Committee Services  Tel: 01362 656870

Items
No. Item

1.

Minutes (Agenda Item 1) pdf icon PDF 76 KB

To confirm the Minutes of the meetings held on 30 July 2014.

Minutes:

The minutes of the meeting held on 30 July 2014 were confirmed as a correct record.

 

2.

Apologies (Agenda item 2)

To receive apologies for absence.

Minutes:

No apologies had been received.

 

It was noted that Councillors Canham, Lamb, Millbank, T Monument and Spencer were not in attendance.

 

3.

Urgent Business (Agenda item 3)

To note whether the Chairman proposes to accept any item as urgent business, pursuant to Section 100(B)(4)(b) of the Local Government Act, 1972.

Minutes:

None.

 

4.

Declaration of Interests (Agenda Item 4)

Members are reminded that under the Code of Conduct they are not to participate and must leave the room, for the whole of an agenda item to which they have a Disclosable Pecuniary Interest. 

 

In the interests of transparency, Members may also wish to declare any other interests they have in relation to an agenda item, that support the Nolan principles detailed within the Code of Conduct.

Minutes:

None.

 

5.

Non-Members Wishing to Address the Meeting (Agenda Item 5)

To note the names of any non-members who wish to address the meeting.

Minutes:

The Chairman welcomed to the meeting Councillor Sylvia Armes, a member of the Appeals Committee.

 

6.

The Legislative Reform (Entertainment Licensing) Order 2014 (Agenda Item 6) pdf icon PDF 67 KB

To receive the report of the Assistant Director Community.

Minutes:

The Licensing Officer provided Members with a detailed overview of the report that outlined information on the legislative changes which would be effective from 6 April 2015.

 

The Legislative Reform (Entertainment Licensing) Order 2014 (LRO) will amend both Schedule 1 and Section 177A of the Licensing Act 2003 to deregulate certain types of regulated entertainment in certain circumstances.

 

It was expected that the changes would have an impact on a range of activities and noise Legislation would still apply and existing licenses/certificates could be reviewed if problems occurred.

 

The circumstances where the LRO would take effect on deregulating certain types of entertainment were summarised as follows:

 

Entertainment by Trusted Providers

The provision of regulated entertainment by a Trusted Provider, which included Local Authorities, healthcare providers and schools, on their own premises would be exempt from entertainment licensing between 08.00 – 23.00 with no audience limit.

 

Live music in alcohol licensed premises

The audience limit for a performance of live amplified music in alcohol licensed premises or in a place of work would be raised from 200 to 500 persons.

 

Recorded music in alcohol licensed premises

Any playing of recorded music in alcohol licensed premises would be deregulated when it took place between 08.00 – 23.00 for audiences of up to 500.

 

Live and recorded music exemptions

Trusted Providers would be exempt from entertainment licensing when making their own premises available to third parties for live and recorded music activities for audiences of up to 500.

Community premises that were not licensed to supply alcohol would also be exempt.

 

Travelling circuses

Travelling circuses would be exempt from entertainment licensing in respect of all descriptions of entertainment, except an exhibition of a film, boxing or wrestling entertainment.

 

Greco-Roman and freestyle wrestling

Greco-Roman and freestyle wrestling would be deregulated between 08:00-23:00 for audiences of up to 1000.

 

Incidental Film

An exhibition of a film that is incidental to another activity would be exempt from licensing but only where the other activity would not be regulated entertainment under the Licensing Act 2003.

 

Councillor Martin asked for clarification that the playing of recorded music in a village hall would not need a licence after 6 April 2015.  The Licensing Officer confirmed it would be a matter for each village hall to review their licence.

 

Councillor Rogers asked that if a large tent was used within the grounds of a village hall would that need a licence.  Again, it was confirmed that if the grounds were within the premises licence then the exemption would apply.

The Chairman confirmed it would be useful for the village halls to review their licences regularly.

 

Councillor Armes asked for clarification that where tickets were sold what would the criteria be.  The Licensing Officer confirmed that if alcohol was supplied a licence would still be required.

 

Councillor Darby asked if the changes would affect those in shops who played music in the background.  The Licensing Officer confirmed that if the level of noise was quiet then a licence was not  ...  view the full minutes text for item 6.

7.

Licensing and Safeguarding update (Agenda Item 7) pdf icon PDF 87 KB

A report to provide an update about safeguarding measures in the licensing department

Minutes:

The Licensing and Business Support Manager provided a detailed overview of the Safeguarding measures the Licensing Department had undertaken.

 

Over recent months there had been significant media interest about the role of taxi drivers and licensed premises in sexual exploitation over years of abuse noticeably in Rochdale and Rotherham.

 

Following investigation and the publication of the Casey Report the Licensing and Business Support Manager gave Members an update on the main concerns coming out of that report and what measures had been or were being implemented locally at Breckland Council.

 

The Licensing Act introduced licensing objectives, and included a list of responsible authorities, the body responsible for, or interested in, the protection of children from harm, however it did not refer just to children it also covered vulnerable adults too.

 

With regard to Responsible Authorities, Brecklands’ Licensing Team previously had limited involvement with the body responsible for the protection of children from harm, and in the past there had been confusion with their involvement in their role of the Licensing Act.


Breckland Council issued a taxi licence and carried out a number of robust checks before a taxi licence was granted.  All applications were subject to a criminal record check (disclosure) with the Disclosure and Barring Service (DBS).

 

Breckland Council had a clear conviction policy and the Appeals Committee would decide if there were queries on any renewals.

 

Taxi drivers were ambassadors for the Council, and a decision had been made recently at Appeals Committee that if a serious allegation had been made against a Taxi driver, then a delegated decision could be made by the Licensing Officers, in consultation with Chief Officers and the Portfolio Holder, whether to suspend or revoke the licence with immediate effect. 

 

It was highlighted that the key findings from the Rochdale and Rotherham report related to the culture of leadership and management of the Council, and that the Licensing Team had been sub-divided into two teams – Policy and Enforcement, of which did not interface and share information between them easily.

 

The Licensing and Business Support Manager went on to say that the Licensing Department at Breckland Council were one Team which were managed by one Joint Manager using one Information Management System. 

 

The complaints and information were gathered onto one system and previous history could be examined to determine appropriate action.  If there were any concerns about a ‘fit and proper’ person, the Team would consider taking a report to the Appeals Committee to determine appropriate action.  In a serious case, immediate revocation would be taken in line with the Policy.

 

The current Breckland Council Taxi Policy had been reviewed in 2007 and would be reviewed as and when any issues occurred in-between scheduled revisions. 

 

The Licensing and Business Support Manager informed Members that the recent case law had changed the process to not allow for suspension as an intermediate step awaiting a Committee decision.  At a previous Appeal Committee meeting the immediate revocation and suspension had been delegated to Licensing  ...  view the full minutes text for item 7.

8.

Next Meeting

To note the arrangements for the next meeting on 3 June 2015 at 10.00am in the Norfolk Room.

Minutes:

The arrangements for the next meeting scheduled for 3 June 2015 at 10.00am in the Norfolk Room were noted.