Agenda and minutes

To agree the procedures for the operation of hybrid meetings.

RESOLVED –

THAT the guidance on hybrid meetings be agreed.

Apologies for absence were received from Councillors Pat Callaghan, Sharon Hardwick and Sylvia McNamara.

There were none.

Broadcast of the meeting

The Chair to announce the following: ‘In addition to the rights by law that the public and press have to record this meeting, I would like to remind everyone that this meeting is being broadcast live by the Council to the Internet and can be viewed on our website for twelve months after the meeting. After that time, webcasts are archived and can be made available upon request.

If you have asked to address the meeting, you are deemed to be consenting to having your contributions recorded and broadcast, including video when switched on, and to the use of those sound recordings and images for webcasting and/or training purposes.’

Any other announcements

Broadcasting of the meeting

The Chair announced that the meeting was being broadcast live to the internet and the broadcast would remain available for six months, after which it could be made available on request. Anyone addressing the meeting was deemed to be consenting to having their contribution recorded and broadcast and to the use of those recordings for webcasting and/or training purposes.

The Chair accepted a joint deputation request from the Highgate Society, the Heath & Hampstead Society and the Highgate Neighbourhood Forum.

Francis Wilkinson, representing the Highgate Society, presented the deputation, which requested that the Council inform residents of licensing applications in their areas, highlighting that the current email alert system was difficult to use.

The Public Protection Manager responded to the deputation by advising that Camden’s Statement of Licensing Policy aligned with the Licensing Act 2003 and required applicants to inform the public of their application by publishing a notice in a local news publication and by displaying a notice on or outside the premises. The Public Protection Manager further advised that the email alert system would soon benefit from an IT upgrade and that a link to sign up to the email alerts would be displayed more prominently on the website.

The Chair thanked the deputees for their attendance.

There was no urgent business.

To note the terms of reference of the Licensing Committee.

The Licensing Committee Terms of Reference were noted.

To approve and sign the minutes of the meeting held on 10^th February 2022.

Consideration was given to the minutes of the meeting held on 10^th February 2022.

RESOLVED –

THAT the minutes be approved and signed as a correct record.

Report of the Borough Solicitor

This report asks Members to consider and approve changes to the Terms of Reference and Hearing Procedures for Licensing Panels to allow them to determine applications for alcohol licences and sex establishment licences.

Consideration was given to the report of the Borough Solicitor.

The Legal Advisor to the Committee introduced the report and summarised  that the Committee was asked consider and approve the proposal to change the terms of reference and the hearing procedures of the Licensing Panels to allow them to determine applications made under the Local Government (Miscellaneous Provisions) Act 1982 for the grant, renewal, transfer, variation, or revocation of sex establishment licences.

In response to Members’ questions, the Legal Advisor provided the following information:

• Site visits to venues were the exception, not the norm, and it was for Members to decide whether to conduct a site visit if they considered it would be useful to them when considering an application.
• Unlike applications made under the Licensing Act 2003, Sexual Entertainment Venue (SEV) licenses were subject to an annual renewal process. There were currently four SEVs in the Borough, so renewals for these venues come before a Panel annually.
• It was expected that SEV licence applications would be heard within the existing Licensing Panel schedule and would be scheduled to be heard as standalone items, rather than alongside other alcohol licence applications.
• Legislation did not permit SEV hearings to be heard remotely, they must be convened in person.
• Whilst Camden’s Sex Establishments Policy established a presumption that any applications for new SEV licences would be refused, this did not mean that applications for a new licence could not be made. If an application was received each case must be considered on its merits and be determined by Members. Therefore, a new application could be made and would need to be considered by a relevant panel.
• Regarding SEV Licences, there were no functions delegated to Officers, so all applications received must come before Members for consideration.

Some Members commented that it would be beneficial to widen the knowledge and expertise of the whole Committee in relation to SEV applications and that the proposals would more evenly distribute the workload of those Members who were currently appointed to the Licensing (Sexual Entertainment Venues) Sub-Committee. 

Overall, the Committee welcomed the proposed amendments to the Terms of Reference and Hearing Procedures of the Licensing Panels and were supportive of the recommendations.

Therefore, it was

RESOLVED –

THAT the Licensing Committee ask the Audit and Corporate Governance Committee to recommend the following to Council:

i)               That the terms of reference of the Licensing Sub-Committees (known as Licensing Panels) be amended, as set out at Appendix A of the report, to allow Panels to determine applications made under the Local Government (Miscellaneous Provisions) Act 1982 for the grant, renewal, transfer, variation or revocation of sex establishment licences; and

ii)              That the hearing procedures of the Licensing Sub-Committees (known as Licensing Panels) be amended, as set out at Appendix B to the report, to incorporate the procedure for the hearing of applications made under the Local Government (Miscellaneous Provisions) Act 1982 for the grant, renewal, transfer, variation or revocation of sex establishment licences.

There was none.