Agenda item

This report examines the process involved in appeals made to the magistrates court against decisions of the Licensing Act and Gambling Act Sub committees.  It looks at the options for member involvement in that process and seeks a determination of future policy.  The report also advises members of the impact of the Violent Crime Reduction Act 2006 on the hearing process.

Members considered a report that examined the process involved in appeals made to the magistrates court against decisions of the Gambling and Licensing Acts Sub-Committees. It looked at the options for Member involvement in the process and sought to determinate a future policy. The report also advised Members of the impact of the Violent Crime Reduction Act 2006 on the hearing process.

The Officer presented the following options relating to Member involvement in appeals made to the magistrates court:

Option 1        That all Members of the sub-committee who determined the application attend all meetings and the full appeal hearing.

Option 2        That the Chair of the sub-committee who determined the application attend all meetings and the full appeal hearing.

Option 3        That all Members of the sub-committee who determined the application be advised of the dates of all meetings and the full appeal hearing and decide if and when they are available and wish to attend.

Option 4        That the Chair of the sub-committee who determined the application be advised of the dates of all meetings and the full appeal hearing and decide if s/he are available and wish to attend.

Option 5        That Officers keep the Chair of the sub-committee advised of the outcome of  all meetings and seek guidance where the situation and timescales permit.

Members chose to amend option 3of the report to include a delegated power to Officers to enable them to agree an amendment to an original application submitted in an appeal court.  They also amended the option to include other sub-committee Members if the Chair were to be unavailable. The exact wording of the amended option is set out in the resolution below.

The Officer reported that on 1^st October 2007 section 21 of the Violent Crime Reduction Act 2006 became operational. This section allows for a senior police officer to apply to the licensing authority for a review of premises which retail alcohol and are associated with serious crime or disorder. On receipt of an application under this section the licensing authority must, within 48 hours, consider whether it is necessary to take interim steps pending the determination of the review. A review must be held within 28 days. The holder of the premises licence may make representations with regard to the interim steps proposed. If such a representation is received then the licensing authority must hold a hearing within 48 hours.  The Officer asked Members to note the tight timescales involved and confirmed that these arrangements must be dealt with by the Gambling and Licensing Acts Committee or Sub-Committee and could not be dealt with by Officers under delegated powers. The 48 hours did not include Saturday, Sunday or Bank holidays.

RESOLVED:            

1.      (i) In respect of Member involvement in the appeal process Members approved the adoption of option 3 in the report with amendments.

‘That all Members of the sub-committee who determined the application be advised of the dates of all meetings and the full appeal hearing and that the Chair decide if he/she is available and if not another Member of the sub-committee to attend in their absence to represent the sub-committee in the decision it took’.

(ii) The committee also agreed to delegate to Officers their agreement for the Officer and/or a member of the decision making sub-committee attending to authorise an amendment to the original application submitted to an appeal court.

2.      in respect of the summary reviews Members noted the process and recognised that sub-committees may need to be convened at very short notice.

REASON:                  To adopt the most efficient method of involving Members in the appeal process and in the case of summary reviews, to comply with legislation.