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Licensing Committee
Wednesday, 4th August, 2004 6.30 pm

ItemDescriptionResolution
Declaration of interests - members are reminded that following the adoption by Council of the new Code of Conduct, any declaration of interest should be made having regard to the new code. In particular, members must make clear the nature of the interest and whether it is 'personal' or 'prejudicial'.

The Monitoring Officer would like to remind members that when they are considering whether the following items are exempt information under the relevant paragraph under part 1 of Schedule 12A of the Local Government Act 1972 they must have regard to the public interest test. This means that members must consider, for each item, whether the public interest in maintaining the exemption from disclosure outweighs the public interest in making the item available to the public.
24 LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982
APPLICATION FOR THE GRANT OF AN ANNUAL PUBLIC ENTERTAINMENT LICENCE

The Chairman reported that the applicant for the grant of a public entertainment licence in respect of Ashby Grammar School had requested an adjournment of the application's determination due to a genuine misunderstanding over the date of the Licensing Committee meeting. The confusion over the Committee dates had come to light when officers had contacted the Grammar School to confirm the applicant's attendance at the meeting. Furthermore, the Grammar School stated that they had failed to receive a copy of the Licensing Committee Agenda which included copies of the 30 letters objecting to the grant of the licence.

Staff at the Grammar School had advised officers that the Head Teacher was expecting to attend a meeting at the Council Offices on Thursday, 12 August 2004 and present the application for the licence. In the circumstances it was felt that consideration of the application should be adjourned to the next Licensing Committee meeting on Thursday, 12 August 2004.

The Chairman asked Messrs Jones, Pulford and Taylor whether they wished to make any comments in respect of the proposal to adjourn the determination of the public entertainment licence application. The objectors sought reassurance from the Committee that the application would not be considered by members at their meeting on 12 August 2004 if objectors were unable to attend that meeting and present their case. The Chairman stated that he wished to hear the arguments from both the applicant and the objectors and he requested that the objectors let Council officers know by lunch time on Friday 6 August 2004 whether the adjournment of the application's determination to Thursday, 12 August 2004 was inconvenient. If so, an alternative date could be considered.
RESOLVED:

That the determination of the application for the grant of a public entertainment licence in respect of Ashby Grammar School, Nottingham Road, Ashby de la Zouch be adjourned to the Licensing Committee meeting on Thursday, 12 August 2004 subject to confirmation from the objectors by Friday, 6 August 2004 that the re-scheduled date was convenient.
25 PRIVATE SECURITY INDUSTRY ACT 2001
REGISTRATION OF DOOR SUPERVISORS

Consideration was given to the report of the Senior Licensing Officer (copy previously circulated and retained with the official copy of the minutes).

The purpose of the report was to inform members of the current situation with regard to the registration of door supervisors at licensed premises within North West Leicestershire and the Private Security Industry Act 2001 which received Royal Assent on 11 May 2001.

The Senior Licensing Officer introduced the report and invited comments and questions from members of the Committee. In general councillors welcomed the new registration requirements but sought clarification from officers of examples of when a door supervisor licence may not be required. It was accepted that there could be occasions when due to unforeseen circumstances a person or licensee may have to unexpectedly take on a supervisory role. The Security Industry Authority (SIA) had stated that a common sense approach would be applied to these situations.

Members were concerned that there seemed to be a minor enforcement role for the local authority although it was clear that the Security Industry Authority was responsible for enforcement of its legislation. An enforcement overlap occurred between the SIA and local authority with the attachment of a mandatory condition stating that door supervisors must be licensed by the SIA. During the course of routine inspections council officers would be expected to check that door supervisors did in fact hold the required SIA licence.

Members noted the cost of the 3 year SIA licence and the fact that the registration fees were payable to the Security Industry Authority although there were financial and resource implications for the District Council relating to the new registration requirements.

Finally the Committee noted that the SIA was drafting a Memorandum of Understanding (MOU) between local authorities, Police and the SIA incorporating enforcement and general communications. Local authorities would have the discretion to sign up to the enforcement agreement.
RESOLVED:

That the report be noted and the SIA Memorandum of Understanding be presented to a future meeting of the Licensing Committee.
Published on Friday, 24th September, 2004
The meeting terminated at 6.53pm.

Attendance Details

Present:
Councillor P A Hyde (Chairman) (In the Chair)

Councillors J G Coxon, R A Evans, P Holland, D Howe, J T Male, A C Saffell, G Tacey, J B Webster, D H Wintle and M B Wyatt

Officers: Miss J Brookbanks, Miss M Lister, Mr J E Peters and Ms E Warhurst

In respect of the Ashby Grammar School application for a public entertainment licence:

Messrs Tim Jones, Matthew Pulford and David Taylor