4th May 2006 - 9.30 am - Agenda

Summary

4th May 2006 - 9.30 am - Agenda

COMMITTEE: LICENSING AND APPEALS

VENUE: Council Chamber, Council Offices, Corks Lane, Hadleigh

DATE/TIME: Thursday, 4 May 2006 at 9.30 a.m.

Members

Mrs E F Bates
Mr D G Grutchfield
Mr P J Holbrook
Mr C J Hunt

Mr P Jones
Mr C D Kerr
Mr B L Lazenby
Mr J M Owen

Mr J J Quinlan
Mr J R A Sayers
Mr G S White
Mr L H Young

A G E N D A

ITEM

BUSINESS

PART I

1

APOLOGIES

To receive apologies for absence.

2

ELECTION OF VICE-CHAIRMAN

3

DECLARATION OF INTERESTS

Members to declare any interests as appropriate in respect of items to be considered at this meeting.

4

MINUTES

To confirm and sign the Minutes of the meeting held on 27 January 2006 as a correct record.

5

PETITIONS

The Acting Head of Legal and Administrative Services to report, in accordance with Council Procedure Rule No. 13, the receipt of any petitions submitted to the Chief Executive.

6

QUESTIONS FROM MEMBERS

The Chairman to answer any questions on any matters in relation to which the Council has powers or duties which affect the District and which fall within the terms of reference of the Committee of which due notice has been given in accordance with Council Procedure Rule No. 15.4 – (a) and (b).

7

LICENSING ACT 2003 – TEMPORARY EVENT NOTICES

The Acting Head of Legal and Administrative Services to report on the situation regarding the use of TENS. Temporary Event Notices are often likened to the old “occasional licence” granted by the Licensing Justices. They are primarily for use where a premises does not have a premises licence or it has a licence but it does not cover the licensable activity intended. In addition “ad hoc” or unpredicted events (such as charity fund raising evenings) can be covered.

The limits for TENS are as follows:

1.Event cannot last longer than 96 hours.
2.Event cannot be attended by more than 499 persons at any one time.
3.There must be a gap of at least 24 hours between events.
4.A single premises can only host a maximum of 12 TEN events per calendar year.
5.A premises may not use TENs to exceed an aggregate of 15 days per calendar year.
6.
A premises user, or their associate(s) must observe the personal limits for submission of TENs.

A fee is payable for each TEN of £23 and at least 10 working days notice is necessary and 2 copies of the Notice must be served on the Licensing Authority and one on the Police.

Some village halls management committees are relying on TENS for events held on their premises. If the village hall is rarely used for licensable activities then a TEN offers an opportunity to hold a different type of event. However, if the village or community hall or centre is regularly used for licensable activities, including being hired out for parties, performances and shows it is most likely that a premises licence would be suitable. A premises licence will cover a year for all the licensable activities on the licence. This will cost a village hall £100 plus advertising. The annual renewal is £70.

Officers are conscious that many village hall organisers are concerned that TENS do not provide the flexibility they were, perhaps, expecting.

Officers therefore would recommend that they be authorised to report the comments of the Committee on the use of TENS by village halls to the Department of Culture, Media and Sport at the appropriate time.

8

GAMBLING ACT 2005 – INFORMATION PAPER

The Acting Head of Legal and Administrative Services to report that an information paper was circulated by the Licensing Section to all Members of the Committee and relevant officers on 4 April 2006. This document is attached as Paper F17.

The new gambling reforms introduce a host of new functions and responsibilities for the Licensing and Appeals Committee and will impact in varying degrees on various departments of the Council in terms of associated administration, consultation and enforcement duties.

Members of the Committee may wish to take the opportunity to discuss the content of the information paper, and any related issues, with relevant officers at this meeting.

Paper
F16

9

GAMBLING ACT CONSULTATIONS

Report by Acting Head of Legal and Administrative Services attached.

For further information on any of the Part 1 items listed above, please contact Linda Sheppard on Ipswich (01473) 826610 or via email at committeeservices@babergh.gov.uk

 



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