Agenda and minutes

At this point in the meeting, Members are asked to declare:

·        any personal interests not included on the Register of Interests

·        any prejudicial interests or

·        any disclosable pecuniary interests

which they may have in respect of business on this agenda.

At this point in the meeting, Members were asked to declare any personal, prejudicial or disclosable pecuniary interests that they might have had in the business on the agenda. No interests were declared.

To approve and sign the minutes of the meeting held on 20^th July 2015.

Resolved:  That the minutes of the previous meeting of the Gambling, Licensing & Regulatory Committee held on 20 July 2015 be signed and approved by the Chair as a correct record.

At this point in the meeting members of the public who have registered their wish to speak regarding an item on the agenda or an issue within the Committee’s remit can do so.  The deadline for registering is Friday 4^th September at 5.00 pm.

Filming or Recording Meetings

Residents are welcome to photograph, film or record Councillors and Officers at all meetings open to the press and public. This includes the use of social media reporting, i.e. tweeting.  Anyone wishing to film, record or take photos at any public meeting should contact the Democracy Officer (whose contact details are at the foot of this agenda) in advance of the meeting.

The Council’s protocol on Webcasting, Filming & Recording of Meetings ensures that these practices are carried out in a manner both respectful to the conduct of the meeting and all those present.  It can be viewed at: https://www.york.gov.uk/downloads/file/6453/protocol_for_webcasting_filming_and_recording_council_meetingspdf

It was reported that there had been no registrations to speak under the Council’s Public Participation.

This report seeks Members determination of an application for the renewal of a Sex Establishment Licence for a sexual entertainment venue which has been made under the Local Government (Miscellaneous Provisions) Act 1982, Schedule 3 Control of Sex Establishments in respect of Black Orchid (1^st floor, 3-4 Toft Green, York, YO1 6JT.

Members considered a report which asked them to determine an application for the renewal of a Sex Establishment Licence for a sexual entertainment venue which had been made under the Local Government (Miscellaneous Provisions) Act 1982, Schedule 3, Control of Sex Establishments in respect of Black Orchid (1^st Floor, 3-4 Toft Green, York, YO1 6JT).

The Chair informed the Committee that this would probably be the final time that the full Committee would determine the renewal of a licence of a Sex Establishment as a new Council policy was being formulated would be determined at a sub committee in future.

In coming to their decision, Members took into consideration all the evidence and submissions that were presented to them including:

In coming to their decision, Members took into consideration all the evidence and submissions that were presented to them including:

1.   The application form.

2.   The Licensing Manager’s report and her comments made at the hearing, including that the application was for the renewal of a sex establishment licence in line with Section 27 of the Policing and Crime Act 2009 which allowed local authorities to regulate lap dancing clubs and similar venues. Members were advised that there had been no incidents of public order inside or outside of the building, and that previous issues identified at the site visit which had taken place (ahead of granting the licence) had now been resolved. The establishment had also installed CCTV cameras in all of its booths.

In respect of the proposed licence, the Committee had to determine whether to take any of the steps mentioned under Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 (as amended) that it considered necessary.

Members were presented with the following options:

Option 1     Renew the Licence.

Option 2     Renew the licence with modified/additional conditions imposed by the Gambling, Licensing and Regulatory Committee.

Option 3     Reject the renewal application.

Resolved:  That Members agreed Option 1 to renew the licence.

Reason:    As required by the legislation.

This report seeks Members support for the Council’s Explosives Policy.  It advises of the recent changes to legislation and the consultation undertaken.  The policy is attached at appendix 1 of the report.

[See under Part B Minute]

Members considered a report which outlined and sought support for a proposed Explosives Policy and advised of recent changes to legislation and the consultation undertaken by the Council. The policy was attached at annex 1 of the report.

The Licensing Manager and an Officer from the Council’s Trading Standards Department presented the report and informed the Committee that the policy would licence shops to store fireworks. It would also detail the length of a licence , this would depend on the experience of the trader. “Pop up” firework shops would not be licenced for a long term duration. The Fire Authority and North Yorkshire Police would be notified once the licences were granted by the Council.

Officers had the power to enter premises and check that the storage of explosives were kept in a safe manner and conformed to the regulations.

In relation to a question about costs and fees, the Licensing Manager responded that the fees for Licences were fixed but that if an Assent Procedure had to be followed, there could be additional associated procedural costs relating to this.

Resolved:           That Full Council approve the Explosives Policy and adopt the delegation scheme.

Reason:              To provide the Council with an explosives policy that will aid applicants, licence holders and officers and provide a delegation scheme for dealing with applications.

[See under Part A Minute]

Members considered a report which outlined and sought support for a proposed Explosives Policy and advised of recent changes to legislation and the consultation undertaken by the Council. The policy was attached at annex 1 of the report.

Recommend:      That Full Council approve the Explosives Policy and adopt the delegation scheme.

Reason:              To provide the Council with an explosives policy that will aid applicants, licence holders and officers and provide a delegation scheme for dealing with applications.