Stockton-on-Tees Borough Council

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Licensing Committee (ceased to operate 10/04/2017) Minutes

Date:
Tuesday, 24th July, 2012
Time:
10.00 a.m.
Place:
Council Chamber, Town Hall, High Street, Stockton on Tees, TS18 1AJ
 
Please note: all Minutes are subject to approval at the next Meeting

Attendance Details

Present:
Cllr Paul Kirton (Chair); Cllr Michael Clark, Cllr Evaline Cunningham, Cllr Phillip Dennis, Cllr Ken Dixon, Cllr Eileen Johnson, Cllr Miss Tina Large, Cllr Mrs Kathryn Nelson, Cllr Maurice Perry and Cllr Bill Woodhead.
Officers:
M Vaines (DNS); J Nertney, P K Bell (LD).
In Attendance:
For agenda item 4 - Ms N Cooper; For agenda item 5 - Mr J Mirza.
Apologies for absence:
Cllr Jean Kirby, Cllr Alan Lewis, Cllr Ray McCall, Cllr David Wilburn.
Item Description Decision
Public
L
31/12
EVACUATION PLAN
The evacuation plan was noted.
L
32/12
DECLARATIONS OF INTEREST
There were no interests declared.
L
33/12
APPLICATION FOR A STREET TRADING CONSENT - 5TH AUGUST 2012 - HOT FOOD & DRINKS
RESOLVED that the application be approved subject to the trading location being agreed with the SIRF Event Organiser.
L
34/12
APPLICATION FOR A STREET TRADING CONSENT - 5TH AUGUST 2012 - ICE CREAM
RESOLVED that the application be approved subject to the trading location being agreed with the SIRF Event Organiser.
L
35/12
GAMBLING ACT 2005 - STATEMENT OF LICENSING PRINCIPLES
RESOLVED that the report be noted.
10.00 am - 12.00 noon.

Preamble

ItemPreamble
L
33/12
Consideration was given to a report on an application for the grant of a Street Trading Consent in respect of a trader who wanted to sell hot food and drinks in Stockton High Street for one day during the Riverside Festival and to which an objection has been received.

An application had been received from Ms Natalie Cooper, Glengarry, Firtree Lane, Hetton-le-Hole, Tyne & Wear, for the grant of a Street Trading Consent to permit the sale of hot food and drinks from a purpose built vehicle in Stockton High Street. A copy of the application was attached to the report.

The applicant wanted to trade between the hours of 13.00 and 21.00 on Sunday 5th August 2012, and has identified preferred trading locations as follows:-

either:-
(i) outside Vodafone, 129 High Street; or
(ii) outside Former McDonald's, 121-122 High Street

The Enforcement Surveillance Co-ordinator, the Environmental Health Manager, the Traffic and Road Safety Officer, the Trading Standards and Licensing Manager and Cleveland Police had no objections to the application.

The Town Centre Manager had objected to the application in respect of the trading location and a copy of their objection was attached to the report.

Ward Councillors and local businesses had been consulted on the application and no objections had been received.

Members were advised that Ms Cooper applied for a licence to cover the event last year and Members approved the application subject to the trading locations being agreed with the event organisers. No complaints were received during this period. (Minute L19/11 referred)

A copy of the adopted guidelines in respect of Street Trading Consents was attached to the report.

The applicant and objectors had been invited to attend the meeting and Ms N Cooper and her father Mr Cooper were in attendance at the meeting and were given the opportunity to outline the application.
L
34/12
Consideration was given to a report on an application for the grant of a Street Trading Consent in respect of a trader who wanted to sell ice cream in Stockton High Street for one day during the Riverside Festival and to which an objection had been received.

An application had been received from Mr Jimmy Mirza, 35 Elliot Terrace, Newcastle for the grant of a Street Trading Consent to permit the sale of ice cream from a purpose built vehicle in Stockton High Street. A copy of the application was attached to the report.

The applicant wanted to trade between the hours of 10.00 and Midnight on Sunday 5th August 2012, and had identified preferred trading locations as follows:-

either:-

(i) outside Copeland's, 129 High Street; or
(ii) outside the Y.M.C.A. Shop, 133 High Street

The Enforcement Surveillance Co-ordinator, the Environmental Health Manager, the Traffic and Road Safety Officer, the Trading Standards and Licensing Manager, the Town Centre Manager and Cleveland Police had no objections to the application.

Ward Councillors and local businesses had been consulted on the application and one letter of objection had been received from a local business. A copy of the letter was attached to the report.

Members were advised that Mr Mirza applied for a licence to cover the event last year and Members approved the application subject to the trading locations being agreed with the event organisers. No complaints were received during this period. (Minute L15/11 referred)

A copy of the adopted guidelines in respect of Street Trading Consents was attached to the report.

The applicant and objectors had been invited to attend the meeting and Mr J Mirza was in attendance at the meeting and was given the opportunity to outline his application.
L
35/12
Consideration was given to a report on the draft review of the Council's Statement of Licensing Principles which would apply in exercising its functions under the Gambling Act 2005 and which would be the subject of full formal consultation with interested parties prior to being approved by Council later in 2012.


Section 349 of the Gambling Act 2005 required licensing authorities to publish a "statement of the principles that they propose to apply in exercising their functions" under the Act, applicable to a 3 year period.

The current Statement of Licensing Principles was approved by Council in December 2009 and under the provisions of the Act, needs to be reviewed prior to publication in January 2013.

In preparing the statement of principles licensing authorities were required to:-

• Adhere to regulations issued by the Secretary of State

• Consider guidance issued to licensing authorities by the Gambling Commission

• Recognise the need to be reasonably consistent with the licensing objectives where applicable. The licensing objectives are set out at Section 1 of the Act and are:-

- Preventing gambling from being a source of crime and disorder, being associated with crime or disorder or being used to support crime

- Ensuring that gambling is conducted in a fair and open way

- Protecting children and other vulnerable persons from being harmed or exploited by gambling.


The Statement of Licensing Principles had been reviewed by officers and a revised draft statement was attached to the report. The revisions in the main related to decision making and to the definition of premises and how the Council would deal with the issue of primary gambling activity and reflect the revised guidance issued by the Gambling Commission.

The Act also required the licensing authority to consult with the following people on its statement of principle:-

(a) the Police

(b) those who represent the interests; of gambling businesses in their area; and

(c) those persons which represent interested persons likely to be affected by the exercise of the Authority's functions under the Act.

Following receipt of Members comments on the draft document the Statement of Principles would be circulated for comment. In addition the statement would be published on the Council's website and comments would be invited from anyone who would be affected by the policy.

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