Meeting documents

Consideration was given to the minutes of the meeting held on 21 September 2005 (copy previously circulated and retained with the official copy of the minutes).

The Head of Administration submitted a report on the Statement of Licensing Policy - Saturation (copy previously circulated and retained with the official copy of the minutes).

The purpose of the report was to consider an amendment to the Statement of Licensing Policy in respect of the special saturation policy.

For the benefit of members not present at the previous meeting the Head of Administration detailed the effect of the proposed amendment to the Policy and referred members to the consultation exercise agreed at the last meeting on 21 September 2005.

He further reported that the consultation period had now elapsed. A few telephone calls were received for clarification purposes and one written response from Leicestershire Constabulary confirming their support for the amendment.

After deliberation it was:

The Head of Administration drew to the attention of members present details of the 4 court cases involving Punch Taverns Ltd and the Leeds Licensing Authority (copy previously circulated and retained with the official copy of the minutes).

The Head of Administration advised that this subject had been placed on the agenda as the magistrates' decisions were interesting in that they offered a view on whether the imposition of conditions by the Licensing Committee in these cases were unnecessary or disproportionate. He warned however that the decisions are not binding on other magistrates and it is possible that the decisions may be appealed.

The appellant's representatives had argued that the imposition of conditions was not lawful on three grounds. First, it was not "necessary" as required by the Licensing Act 2003; second, it was contrary to guidance issued which says that there should be no duplication of existing provisions and third, that it was contrary to common sense because licence holders may be under a misapprehension that these were there only in relation to public safety.

After deliberation the Magistrates had concluded that the appellant had not produced evidence to support the contention that the decision of the Licensing Authority was either wrong or the conditions was unnecessary or disproportionate and as such the appeals must fail.

The paper submitted to the Committee explained the Magistrates' reasons for reaching these views.

The Head of Administration cautioned that since these cases the national body the Local Authorities Co-ordinators of Regulatory Services (LACORS) had expressed some concern with the Magistrates' decision.

The Principal Solicitor advised that this was new legislation and there was uncertainty around these issues. However Legal Services would be considering the decisions and the implications of these cases carefully and would ensure members at Licensing Sub-Committee hearings would receive a consistent view and guidance on these points.