Agenda and minutes

To receive any declarations by Members and Officers of any personal or prejudicial interests in Matters on this agenda.

1.1       There were no declarations of interest.

To approve the minutes of the meeting held on 9 July 2014.

2.1       The minutes of the Licensing Committee meeting held in open session on 9 July 2014 were agreed as a correct record and were signed by the Chairman.

Report of Head of Legal and Democratic Services.

3.1      Barry Panto, Senior Assistant Solicitor, introduced the report, addressing Members initially regarding guidance on the filming of Licensing Sub-Committee meetings.  There had been requests received in written weeks to film the proceedings of Licensing Sub-Committee meetings.  The Openness of Local Bodies Regulations 2014 that came into force on 6 August 2014 had caused some confusion in asserting that there is a right to film all local authority meetings.  However, as set out in the appended guidance document to the report, the regulations do not apply to meetings which are dealing with applications under the Licensing Act 2003.  Special rules needed to apply whenever a Sub-Committee was conducting a public hearing where evidence is given by the parties involved.               

3.2      Mr Panto advised that the Openness of Local Bodies Regulations 2014 would technically apply to hearings in front of the Sub-Committee when Members were considering applications under any other legislation than the Licensing Act 2003, including the Gambling Act and sex establishment licences under the Local Government (Miscellaneous Provisions) Act 1982.  Mr Panto explained that although the objectors to a sex establishment licence application were not entitled as of right to be heard under the 1982 Act, in practice they were usually heard if they wished to give evidence.  However, the licensing authority is not allowed to reveal the name or address of any objector to the applicant without his or her consent. There would be considerable concern if anyone attempted to film such persons on the basis that they are free to do so in accordance with the Openness of Local Government Bodies Regulations 2014.

3.3     Mr Panto referred to the recommendation in the report that the Committee agree paragraph 16 of the guidance document to amend the Council’s rules of procedure that apply to hearings before the Sub-Committee so as to include a detailed rules on the process for the determination of requests to film the proceedings.  Paragraph 16 set out a number of points including that the filming and taking of photographs at any hearing of the Sub-Committee would not be allowed without the express permission of the Chairman, a request to film or take photographs or make a sound recording should be made as early as possible in advance of the hearing and all parties would be consulted regarding such requests.

3.4      The Chairman stated that he could see no problems in terms of councillors being filmed as they had been elected and were publically accountable.  The dilemma related to the filming of other parties for Licensing Sub-Committee meetings.  He had received an e-mail from Councillor Floru who was not able to attend the current meeting.  Councillor Floru had chaired a recent application for a restaurant in Berkeley Street which had been filmed apart from the representations of the applicant who had specifically requested not to be filmed.  Councillor Floru’s particular concern was in the event that an unscrupulous production company edited footage in such a way that it appeared as though Members had not  ...  view the full minutes text for item 3.

Report of Director of Strategy and Communications

4.1       Chris Wroe, Licensing Policy and Strategy Manager, introduced the report.   A policy seminar had taken place in October setting out some of the themes of the statement of policy review.  The meeting had been well attended by Members of the Licensing Committee and he had received positive feedback.  The report for the current meeting included the proposed timetable leading to the publication of the revised statement of policy document in June 2015.  Mr Wroe was due to meet initially with interested parties, including amenity societies.  The policy review was an item that would be discussed at the Entertainment Forum in December.  There would be a drafting of consultation documents in November and December which would need to be signed off by Councillor Aiken, Cabinet Member for Cabinet Member for Public Protection, Licensing and Community Services in consultation with the Chairman of the Licensing Committee and Cabinet.  The intention was to begin the formal public consultation in January 2015 and this would be for a twelve week period.  A month had been scheduled to assess consultation responses, prepare a draft statement of the policy and arrange follow-up meetings.  The draft statement of policy would then need the approval of Councillor Aiken in consultation with Councillor Mitchell and the Cabinet prior to Council considering whether to adopt the revised statement of policy.  Mr Wroe informed Members that it was hoped that this would be an agenda item for the meeting of Council on 20 May 2015.      

4.2       The Chairman advised the Committee that there was some flexibility built into the scheduling as the existing Statement of Licensing Policy was effective until January 2016.  He added that the review of gambling policy would take place in the second half of 2015 after the updated Statement of Licensing Policy was due to be published.   

4.3       RESOLVED: That the contents of the report be noted.

Report of Head of Legal and Democratic Services.

5.1       The Committee received a report with the latest information in respect of the appeals that had been submitted in relation to decisions taken by the Licensing Sub-Committee.  Mr Large, Head of Legal and Democratic Services, provided a summary of some of the significant decisions taken since the previous meeting of the Committee in July.  The first was Avalon at Shaftesbury Avenue where the appeal was submitted by the landlord.  The landlord had accepted that the Sub-Committee’s original decision was correct at the time but now sought to run a restaurant at the premises until 1am rather than as a nightclub where a fatal shooting had taken place.  The District Judge dismissed the appeal and the landlord had agreed to pay costs.  The second was La Bodega Negra in Moor Street/Old Compton Street.  This involved a bar area where alcohol was not ancillary to food within a restaurant for up to 12 people until 11pm.  The Sub-Committee had found that there was not an exception to policy but at the appeal the District Judge had decided that it was an exception to policy taking into account that the premises was exceptionally well run and the numbers were limited to 12.  The Chairman made the point that this was a matter to take into account when reviewing the licensing policy.

5.2       Mr Large also referred to the Amika case in South Molton Street.  This had particular relevance in terms of what happens to the interim steps at an expedited review when the Sub-Committee decides to suspend the licence at the initial hearing and then subsequently revokes the licence at the full review hearing.  The Appellant’s legal advice was that the interim steps ceased to have effect after the Sub-Committee hearing where the decision was taken to revoke the licence.  Amika was found to be operating and selling alcohol after the revocation of the licence which led to the Police seeking a Closure Order.  The District Judge granted the Closure Order.  The Appellant subsequently withdrew their appeal against the Sub-Committee’s decision.  The Gambling Act application submitted by Paddy Power at 195-197 Edgware Road was discussed.  The Sub-Committee had received evidence which appeared to demonstrate that granting the application would add to vulnerable persons being harmed or exploited by gambling and had refused the application.  A number of inconsistencies had been found in the evidence in the preparation for the appeal hearing, following a notice of appeal being lodged by Paddy Power.  Counsel’s advice was sought based on correspondence with the Appellant and the matter was referred back to the Sub-Committee for consideration.  The Sub-Committee authorised settling the appeal on the terms proposed, including no costs being claimed by the Appellant.  The Committee noted the weaknesses in the academic research and that as stated by the Chairman, academic gambling research was being commissioned over a five to six month period, being financed by Public Health, Manchester City Council and the Local Government Association which would feed into the next policy review.  Councillor Acton  ...  view the full minutes text for item 5.

6.1       The Chairman consented to a matter being raised by Councillor McAllister.  She expressed concerns that the Licensing Sub-Committee meeting on 13 November had been cancelled due to lack of items and yet there were a number of applications on the agenda for the meeting on 20 November, including two reviews.  The Chairman and Deirdre Hayes, Service Manager, Environmental Health Consultation & Licensing, advised that the Council was bound by statutory timetables.  There had been a number of applications listed originally for the 11 November meeting.  However, it was likely that the issues which had caused objectors to make representations had been resolved and there had therefore been no need for the applications to be considered at the meeting.  The Chairman commented that occasionally applications were moved several weeks in advance to avoid them being considered by Members in their own wards or if it was likely that there would be a large number of applications that were not resolved prior to a specific Sub-Committee meeting.  Applications did not tend to be moved at a very late stage, particularly as applicants and residents would not necessarily be available on a different date. Councillor Caplan added that the cancellation of a Sub-Committee meeting, as had happened on 13 November, was a rare event.  The Chairman also made the point that whilst there were two reviews scheduled for 20 November, Madame JoJo’s and Escape Nightclub in Brewer Street were likely to be heard together.       

11 March 2015, 15 July 2015 and 18 November 2015.

IN RESPECT OF THE FOLLOWING ITEM THE COMMITTEE ARE ADVISED TO CONSIDER IT IN PRIVATE IN ACCORDANCE WITH REGULATION 14 OF THE LICENSING ACT 2003 (HEARINGS) REGULATIONS 2005, IN THAT THE REPORT CONTAINS LEGAL ADVICE TO THE AUTHORITY WHICH OUTWEIGHS THE PUBLIC INTEREST IN THE HEARING TAKING PLACE IN PUBLIC

7.1       It was noted that the next meetings of the Licensing Committee would be held on Wednesday 11 March 2015, Wednesday 15 July 2015 and Wednesday 18 November 2015.  All meetings are scheduled for 10.00am.

8.1       RESOLVED: That under Regulation 14 of the Licensing Act 2003 (Hearings) Regulations 2005 the public be excluded from the meeting for the following item of business on the grounds that the report contains legal advice to the Authority which outweighs the public interest in the matter taking place in public.

8.2       The confidential minutes of the Licensing Committee meeting held on 9 July 2014 were agreed as a correct record and were signed by the Chairman.