Meeting documents

Ex-officio non-voting members

+ Cllr Mrs White (Mayor)

+ Cllr Miss Gibson (Chairman of Policy Committee)

+ Present

- Apologies for absence presented

RESOLVED, That Councillor Mrs Pearce be elected Chairman of the Sub-Committee for the municipal year 1998/99.

The minutes of the meeting held on 9th October 1997 were confirmed and signed by the Chairman.

PART A

(for decision)

Members were reminded that the Council was empowered to license premises for entertainment under the Provisions of the Local Government (Miscellaneous) Act 1982.  Authority had been delegated to the Licensing Sub-Committee to determine applications for Public Entertainment Licences where objections had been raised. The approval of annual and occasional Public Entertainment Licences, in the absence of adverse representations, had been delegated to the Chief Executive.

A recent appraisal of the legal requirements had revealed that if it was proposed to refuse the grant of a Public Entertainment Licence, whether as the result of objections from the public or technical officers of the Council, the application had to be heard on the hearing date advertised in the Notice of Application posted on the premises and as notified to the Police and Fire Authorities.  Circumstances could arise, such as the applicant failing to submit safety certificates, which meant that it was not possible or desirable to grant a licence.  In these circumstances, it would still be necessary for the applicant to be given the opportunity to be heard although, in certain instances, the refusal of the licence would be a formality.

There was no legal requirement for a Licensing Authority to grant an application but the applicant had a right of appeal to a Magistrates Court against any decision of the Licensing Authority and thereafter a further right of appeal to the Crown Court.  Representations from the applicant could in certain circumstances be submitted in writing which would avoid the need for a public hearing.

The Sub-Committee considered a proposal that, authority should be delegated to the Chief Executive to determine applications in circumstances where there were administrative reasons why the licence should not be granted and the only objection or objections received were those submitted by the technical officers of the Council. In these circumstances the applicant would be given the opportunity to submit written representations for consideration together with the application.

Members expressed the view that applicants should be given every opportunity to be heard in person if they so wished and that such representations should be heard by the Sub-Committee even if the objections were lodged solely on administrative grounds.  The Sub-Committee agreed in principle with limited powers being delegated to the Chief Executive but felt that the definition “administrative grounds†might require further clarification when this matter was considered by the Environment Committee.

recommended, That the Chief Executive be authorised to determine applications for Annual Entertainment Licences where the only objections received have been lodged by technical officers of the Council and that the Scheme of Delegation of Functions to Officers with respect to the Environment Committee be amended to include the following paragraph:

PART B

(for information)

Members were advised that the Public Dancing and Music and Sunday Music Licences held by Mr Colin White in respect of The Brown Jug, High Street, Camberley would expire on 31st October 1998.  Application had been made for renewal of the licences and, in this connection, the applicant was required to supply certificates in relation to the boiler plant, electrical appliances, emergency lighting, fire alarms and fire fighting appliances.

The applicant had been advised that the certificates should be completed and returned to the Chief Executive preferably at the same time as the application but, if this were not possible, by no later than 17th September 1998.  Although the applicant had been reminded of this requirement on several occasions prior to that date the Fire Fighting Appliance Inspection Certificate had not been received until 25th September 1998 and the remaining certificates had still not been received on the last day for the submissions of objections to the application.

The Chief Environmental Officer had therefore objected to the grant of the licences on the ground that the applicant had not submitted safety certificates in support of the application.  The remaining certificates had subsequently been submitted between the last day for objections and the date of the hearing, the boiler plant examination report not being received until 14th October 1998.

In particular it was noted that the fire fighting appliances, fire alarms and emergency lighting had been inspected on 13th March 1998, 14th May 1998 and 14th May 1998 respectively but the certificates were dated 24th September 1998, 23rd September 1998 and 23rd September 1998.  The late submission of certificates, one of which was received less than 48 hours before the hearing, had not given the technical officers of the Council the opportunity to scrutinise the documents and to raise any queries with the applicant prior to the meeting.

A representative for the applicant had not been able to answer questions in relation to the certificates which would have to be referred to the agents acting on the applicant’s behalf.  

Members expressed concern at the applicant’s inability to provide the certificates within the specified time and noted that, on the basis on the certificates supplied, further checks would need to take place on 13th March 1999 and 14th May 1999 during the terms of the licences which had been applied for.  

Having regard to the numerous letters and telephone conversations which had taken place to obtain not only the certificates but also the application for the Public Entertainment Licences, the Sub-Committee had no confidence in the applicant’s administrative arrangements relating to safety inspections.  The certificates which had been supplied were not considered adequate for the purposes of issuing the Public Entertainment Licences and the Fire Fighting Appliances, Fire Alarms and Emergency Lighting Certificates would need to be replaced with certificates which had been issued as a result of inspections carried out within the last sixty days.

RESOLVED, That

Members were advised that the Public Dancing and Music and Sunday Music Licences held by Mr Thomas Graham and Mrs Yvonne Graham in respect of The Wheatsheaf, 21 Heather Ridge Arcade, Camberley would expire on 31st October 1998.  Application had been made for renewal of the licences and, in this connection, the applicant was required to supply certificates in relation to the boiler plant, electrical appliances, emergency lighting, fire alarms and fire fighting appliances.

The applicant had been advised that the certificates should be completed and returned to the Chief Executive preferably at the same time as the application but, if this were not possible, by no later than 17th September 1998.  Although the applicant had been reminded of this requirement on several occasions prior to that date, the Fire Fighting Appliance Inspection Certificate had not been received until 25th September 1998 and the remaining certificates had still not been received on the last day for the submissions of objections to the application.

The Chief Environmental Officer had therefore objected to the grant of the licences on the ground that the applicant had not submitted safety certificates in support of the application.  The remaining certificates had subsequently been submitted between the last day for objections and the date of the hearing, the boiler plant examination report not being received until 14th October 1998.

In particular it was noted that the fire fighting appliances, fire alarms and emergency lighting had been inspected on 13th March 1998, 14th May 1998 and 14th May 1998 respectively but the certificates were dated 24th September 1998, 23rd September 1998 and 23rd September 1998.  The late submission of certificates, one of which was received less than 48 hours before the hearing, had not given the technical officers of the Council the opportunity to scrutinise the documents and to raise any queries with the applicant prior to the meeting.

Members expressed concern at the applicant’s inability to provide the certificates within the specified time and noted that, on the basis on the certificates supplied, further checks would need to take place on 13th March 1999 and 14th May 1999 during the terms of the licences which had been applied for.  

Having regard to the numerous letters and telephone conversations which had taken place to obtain not only the certificates but also the application for the Public Entertainment Licences, the Sub-Committee had no confidence in the applicant’s administrative arrangements relating to safety inspections.  The certificates which had been supplied were not considered adequate for the purposes of issuing the Public Entertainment Licences and the Fire Fighting Appliances, Fire Alarms and Emergency Lighting Certificates would need to be replaced with certificates which had been issued as a result of inspections carried out within the last sixty days.

RESOLVED, That

CHAIRMAN