MAIDSTONE BOROUGH COUNCIL
LICENSING COMMITTEE
Minutes of the meeting held
on
Thursday 18 September 2014
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Present: |
Councillor Parvin (Chairman), and Councillors Mrs Blackmore, Mrs Joy, Long, B Mortimer, Naghi, Newton, Mrs Parvin, Perry, Powell and Springett |
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1. Apologies for Absence
It was noted that apologies had been received from Councillors Mrs Grigg, Mrs Hinder and Round.
2. Notification of Substitute Members
It was noted that Councillor Mrs Springett was a substitute for Councillor Round, Councillor Mrs Blackmore was a substitute for Councillor Mrs Hinder and Councillor Long was a substitute for Councillor Mrs Grigg.
3. Notification of Visiting Members
Councillor Cuming attended as an observer.
4. Election of Chairman
Councillor Parvin was elected Chairman of the Committee for the remainder of the Municipal Year 2014/15.
5. Election of Vice Chairman
The appointment of Vice-Chairman was deferred until the next meeting.
6. Disclosures by Members and Officers
There were no disclosures by Members or Officers.
7. Disclosures of Lobbying
There were no disclosures of lobbying.
8. EXEMPT ITEMS
RESOLVED: That the items on the agenda be taken in public as proposed.
9. Appointment of Political Group Spokespersons
RESOLVED: That the following Members be
appointed as Spokespersons for their respective Political Groups for the
remainder of the Municipal Year 2014/15:-
Conservative – Councillor Parvin
Independent – Councillor Newton
Labour – Councillor McKay
Liberal Democrat – Councillor Mrs Joy
10. Report of the Director of Regeneration and Communities - Licensing Committee Delegations
The Head of Housing and Community Services advised Members
that following the decision of Council to form one Licensing Committee and
delegate all permitted licensing functions to it, the new Committee would need
to consider further delegations to sub-committees and officers.
RESOLVED: That the delegated authorities as set out in Appendix
A to the report of the Director of Regeneration and Communities be approved.
11. Report of the Head of Policy and Communications - Special Responsibility Allowance
Councillor Parvin considered that as he could gain
financially as a result of the decision he would leave the meeting for this
item. Councillor Mrs Parvin indicated that for the same reason she would not
speak or vote on this item. Councillor Mrs Joy was elected Vice-Chairman for
the duration of this item.
The Committee were asked to consider an appropriate remuneration for the
Chairman of the new Licensing Committee which would be recommended to the Joint
Independent Remuneration Panel.
RESOLVED to RECOMMEND to the Joint Independent Remuneration Panel
that the special responsibility allowance for the Chairman of Licensing
Committee be retained at £2,332 per annum and that consideration be given to a
possible remuneration for Vice-Chairmen generally.
12. Report of the Director of Regeneration and Communities - Licensing Committee Street Trading Policy
The Head of Housing and Community Services advised Members
of proposed changes to the procedures for dealing with Street Trading
applications. Under the current system if no objections to an application for
a pitch outside the town centre are received, the Head of Housing and Community
Services can grant the consent but if the application is for the town centre,
it would be subject to consultation with the Chairman and Vice-Chairman of the
Committee, who could refer it to the full Licensing Committee for
determination. If there were any objections, there would be a hearing before
the full Committee.
Members were asked to consider a change being that the decisions on all
applications that receive no representation are delegated to the Head of
Housing and Community Services. It was noted that there was not a clear reason
why streets outside of the town centre should be treated in a different way to
the towns. The current system could be open to challenge.
Therefore under the proposal the new form of words within the 2010 Licensing
Policy at paragraphs 6.4 and 6.12 would read:
“If no objections are received the Head of Housing and Community Services has
delegated power to determine the application.
If objections are received the application will be determined by a licensing
sub-committee of 3 members of Licensing Committee. A hearing will be held
following the attached procedure”.
However, Members did not feel that there were good reasons to change the
current policy which provided safeguards for a relatively small number of
applications and decided that any differentiation by area should be dealt with
by all cases borough wide with no objection being subject to consultation with
the Chairman and Vice-Chairman prior to any officer decision and therefore:-
RESOLVED: That the following changes be made to the Street
Trading Policy document at paragraphs 6.4 and 6.12 respectively:-
If no objections to a Street Trading application are received the Head of
Housing and Community Services be given delegated powers to grant consent,
subject to consultation with the Chairman and Vice Chairman of the Licensing
Committee who might ask for the application to be referred to a Sub-Committee
consisting of three Members of the Licensing Committee for decision.
13. Duration of Meeting
6.30 p.m. to 7.30 p.m.