Agenda and minutes

Apologies had been received from Cllr David Payne.

That Councillor Josephine Barrett be elected Chairman of the Licensing Committee for this meeting.

None.

All items were considered in Public.

The minutes of the Licensing Committee meeting held on 6 June 2012 were agreed as an accurate record.

The Licensing Service Manager informed Members about the following recent review.

Tamara Lounge, Byron Parade, Uxbridge Road, Hillingdon.

An application for a Review of the premises licence for Tamara Lounge was made by PC Ian Wares on behalf of the Metropolitan Police Service. This was received on 25^th July 2012 on the grounds of:-

-          Prevention of Crime and Disorder

-          Prevention of Public Nuisance

The premises licence was suspended for a period of 8 weeks following the end of the licensing appeal period in order for the directors and new operations manager to implement the conditions agreed at the meeting. Officers confirmed that the appeal period had started and the licence holder had 21 days in which to lodge an appeal.

Resolved –

That the update be noted

The Trading Standards Officer informed Members that on the 7^th April and the 16^th, 17^th and 21^st June 2011, Trading Standards Officers accompanied by HMRC and Police Officers visited 29 off licences/general grocers in the Borough.

The purpose of the visits was to detect any illegal alcohol which may have been on sale or in possession for sale by the traders. This may have been non-duty paid alcohol, to be dealt with by HMRC, or counterfeit alcohol, to be dealt with by Trading Standards.  As a result of these visits, a total of

9 Premise licences were called in by Trading Standards for review by the Licensing Committee. Each of these licences was revoked by the Committee. (A number of other licences were called in by the Police.)

In addition, in accordance with the Enforcement Policy, further investigations were carried out and 6 infringement reports covering 9 premises were drawn up. It was noted that in all cases, it was recommended that criminal proceedings were instigated, alleging offences against the Trade Marks Act 1994.

Resolved –

That the report be noted

Officers explained that the Police Reform & Social Responsibility Act 2011 introduced powers to suspend premises licence under the Licensing Act 2003 for failure to pay annual fees.

Previously, the Licensing Service had little power to enforce against premises licence holders who failed to pay their annual fees resulting in lost revenue for the Authority. Officers reported that the new power of suspension was working well and the Licensing Service had recovered a number of fees which, previously would have been extremely difficult to recover.

It was noted that the power of suspension was currently delegated to the Licensing Committee and where fees cannot be recovered, a report would be produced by the Licensing Service and presented to the Committee in the usual way.

Once a licence is suspended, it cannot be reinstated until the outstanding fees are settled. 

Resolved –

That the information be noted.

Officers informed Members that on 8^th March 2012 the Live Music Bill received Royal Assent and became the Live Music Act 2012. It was noted that the legislation would come into force on 1^st October 2012.

The effects of the new legislation will remove the licensing requirements for:

• Amplified live music between 08.00 hours and 23.00 hours before audiences of no more than 200 people on premises authorised to sell alcohol for consumption on the premises (e.g. pubs, clubs, hotels and restaurants)

• Amplified live music between 08.00 hours and 23.00 hours before audiences of no more than 200 people in workplaces not licensed under the Licensing Act 2003 ( e.g. shops, community centres, religious establishments) or premises licensed only for late night refreshment (e.g. takeaways)

• Unamplified live music between 08.00 hours and 23.00 hours in all venues.

Where licensable activities (such as the sale of alcohol) continue to take place on premises, any licence conditions related to live music will be suspended.

However, Licensing Authorities will be able to impose new or re-instate existing live music conditions following a Review of the premises licence or club premises certificate relating to a premises authorised to supply alcohol for consumption on the premises.

In addition, The Live Music Act would also remove all licensing requirements for the provision of entertainment facilities (e.g. providing facilities for making music and dancing).

Also, it will widen the licensing exemption for live music integral to a performance of Morris dancing or dancing of a similar type and the exemption applies to both live and recorded music instead of just unamplified live music.

Members were informed that the Key terms used in the Live Music Act 2012 were:

• ‘Music’ includes vocal or instrumental music or a combination of the two. Therefore, the performance of Karaoke is live music under this Act but the playing of music by a DJ is not a performance of live music.
• ‘Live music’ is a performance of live music in the presence of an audience which it is intended to entertain.
• A ‘Workplace’ is as defined in regulation 2 (1) of the Workplace (Health, Safety and Welfare) Regulations 1992 and is anywhere that is made available to any person as a place of work. It is a very wide term which can include outdoor spaces.
• ‘Audience’ – an activity is licensable as regulated entertainment if it falls within one or more of the descriptions of entertainment in paragraph 2 of Schedule 1 to the Licensing Act 2003 and takes place in the presence of an audience for whose entertainment it is provided, even if they do not wish to be entertained.
• ‘Relevant licensed premises’ refers to premises which are authorised to supply alcohol for consumption on the premises by a premises licence or a club premises certificate.

Any public performance of live unamplified music that takes place between 08.00 hours and 23.00 hours on any day no longer requires a licence in any location. An exception to this is where a specific condition related to live music is imposed following a review of the premises licence or club premises certificate.

Resolved –

That the report be noted

Officers provided an update on the total number of premises which had been issued. The following information was noted:

Premises Licences

Personal Licences   

Temporary Event Notices (tens)

At the conclusion of the item the Legal Officer notified Councillors that where relevant, the Licensing Service would, in compliance with its role as Responsible Authority, provide comments on an application to a Sub-Committee. These comments will be contained in the report attached to an
application.

Resolved –

That the report be noted