Agenda, decisions and minutes

1.1  Apologies for absence were given by Councillor Margaret Gordon and Councillor Sem Moema.

2.1  There were no declarations of interest.

RESOLVED the minutes of the previous extraordinary meeting, held on 23^rd May 2018, be

agreed.

RESOLVED the minutes of the previous meeting, held on 8^th February 2018, be agreed subject to clarification on the following:

5 Late night levy – structure of Management Board and Terms of Reference

RESOLVED the licensing service would clarify the quorum for the Late Night Levy

Management Board.

RESOLVED the licensing service would amend and clarify the terms of reference for the Late

Night Levy Management Board including clarifying the position of the role of vice-chair on the

board.

3.1  RESOLVED the minutes of the previous extraordinary meeting, held on 23^rd May 2018, be agreed.

RESOLVED the minutes of the previous meeting, held on 8^th February 2018, be agreed, subject to clarification on the following:

5 Late night levy – structure of Management Board and Terms of Reference

  RESOLVED the licensing service would clarify the quorum for the Late Night Levy Management Board.

  RESOLVED the licensing service would amend and clarify the terms of reference for the Late Night Levy Management Board including clarifying the position of the role of vice-chair on the LNLMB.

RESOLVED the Licensing Committee approve the draft Gambling Statement of Principles for consultation subject to the following:

·  amendments to the appendices e.g. updating of the maps

4.1  David Tuitt, Business Regulation Team Leader, Licensing and Technical Support, introduced the report recommending the draft gambling Statement

of Principles (“the Statement”) for consultation.  Section 349 of the Act states that each Licensing Authority must prepare and publish a statement of principles that it proposes to apply in exercising its functions under the Act during the three year period to which the statement applies. The statement must be kept under review during the period and be republished where it is revised. The statement must be in place before the authority can determine any application. Mr Tuitt explained that the Gambling Statement of

Principles 2019 – 2022 contained track changes as this was required by Gambling Commission. There would be two versions; one tracked and one untracked.

4.2  David Tuitt highlighted in the report paragraph 4.1, a table providing an outline of the timetable for the implementation of the revised Statement. David suggested that the consultation period might not be 12 weeks with a view to publishing the final consultation on the 16^th July 2018. Council approval would be sought at the 31^st October 2018 Council meeting.

4.3  David Tuitt highlight to Licensing Committee members that the maps contained within the appendices in the draft policy would be updated in time for the consultation.

4.4  In a response to question from Councillor Pallis, David Tuitt replied that there had not been any substantial changes to the policy apart from the announcements in relation to Fixed Odds Betting Terminals (FOBTs).  Licensing Committee members noted that stakes and prizes policy still applied.  Mr Tuitt added that current government legislation was in place up to 2022.  Some of the committee members suggested including that detail in the foreward to the consultation.

4.5  Following a suggestion from Councillor Pallis, the Licensing Committee was in agreement that in the consultation response should elude to Hackney Council’s aspirations in relation to Game Machine maximum stakes B3 and B3a.

RESOLVED the Licensing Committee note the draft Gambling Statement of Principles for consultation subject to the following:

·  amendments to the appendixes e.g. updating of the maps

·  to include in the eventual consultation response Hackney Council’s aspirations in relation to B3 and B3a

The chair moved that the Licensing Committee consider:

(i)  Full Council should resolve not to issue casinopremises licences under the Gambling Act 2005 for a furtherperiod not exceeding three years effective from 31 January2019 given the characteristics of the Borough.

On a vote there being three For and one Against and no abstentions, it was:

RESOLVED that it be recommended to full Council they should resolve not to issue casino premises licences under the Gambling Act 2005 for a further period not exceeding three years effective from 31 January2019 given the characteristics of the Borough.

5.1  David Tuitt, Business Regulation Team Leader, Licensing and Technical Support, introduced the report proposing putting a resolution to Council not to issue casino licences under the Gambling Act (2005) for a further period not exceeding three years. The Council first passed a 'no-casino' resolution on 28 June 2006 and has continued to do so by making a new resolution every three years. The most recent resolution passed on 25 November 2015 took effect on 31 January 2016 and will expire on 30 January 2019. Although there is no right of appeal against this resolution, the Council reserves the right to review it and can, at any point, withdraw the resolution where appropriate.

5.2  In a response to a question from Councillor Woodley, the Chair replied that since the policy had been in place in Hackney it had not been challenged.

5.3  The Vice Chair strongly objected to the policy suggesting that it was putting in place a policy against something that may happen in theory. He recommended as an alternative course of action that the Council wait until an application is submitted and then determine that application on its own merits. The Vice-Chair took the view that it was wrong to have a policy in place that was a pre-emptive ban.

5.4  The Chair responded by citing the example of a similar policy in relation to lap dancing clubs and how it had prevented them coming into the borough.

5.5  The Vice-Chair re-iterated his opposition to the policy on a point of principle.

5.6  Councillor Pallis acknowledged the Vice-Chair’s point of view and briefly cited the measures introduced by the Labour Government in the early 2000s. Councillor Pallis added that the council had to take steps to promote responsible gambling.

  The chair moved that the Licensing Committee consider:

(i) Full Council should resolve not to issue casino

premises licences under the Gambling Act 2005 for a further

period not exceeding three years effective from 31 January

2019 given the characteristics of the Borough.

On a vote there being three For and one Against and no abstentions, it was:

RESOLVED that it be recommended to full Council they should resolve not to issue casino premises licences under the Gambling Act 2005 for a further period not exceeding three years effective from 31 January

2019 given the characteristics of the Borough.

RESOLVED the Licensing Committee, as set out below, agreed to the new membership of the

Licensing Sub-Committees subject to approval by Full Council at its meeting on 18 July 2018:

Licensing Sub-Committee A

Councillor Sophie Conway

Councillor Sharon Patrick

Councillor Caroline Woodley

Licensing Sub-Committee B

Councillor Margaret Gordon

Councillor Sem Moema

Councillor Harvey Odze

Licensing Sub-Committee C

Councillor Alex Kuye

Councillor Sam Pallis

Councillor James Peters

Licensing Sub-Committee D

Councillor Brian Bell

Councillor Emma Plouviez

Councillor Gilbert Smyth

Licensing Sub-Committee E

Councillor Ian Rathbone

Councillor Caroline Selman

Councillor Peter Snell

6.1  The committee members considered the report establishing the Licensing Sub-Committees to reflect the new membership of the Licensing Committee subject to approval by full Council at its meeting on the 18th July 2018.

6.2  The paper outlined how at the time of the Annual General Meeting (AGM) on the 23rd May 2018, the Conservative Party, as the only opposition party, had not yet identified their nominee to the Licensing

Committee. Councillor Harvey Odze had now been nominated for this Committee and approval for this appointment will be sought at the 18^TH July 2018 Council meeting. This appointment abides by the political balance rules.

6.3  The Licensing Committee noted that Councillor Adejare was appointed to the Licensing Committee at the AGM but owing to personal commitments has had to step down. Councillor Snell was nominated as her replacement and again approval for this appointment will be sought at July Council meeting.

6.4  The Licensing Committee also noted that at the Extraordinary Licensing Committee held on the same night as the AGM

establishing the Licensing Sub-Committees membership.

RESOLVED the Licensing Committee, as set out below, agreed to the new

membership of the Licensing Sub-Committees subject to approval by Full

Council at its meeting on 18 July 2018:

  Licensing Sub-Committee A

  Councillor Sophie Conway

  Councillor Sharon Patrick

  Councillor Caroline Woodley

  Licensing Sub-Committee B

  Councillor Margaret Gordon

  Councillor Sem Moema

  Councillor Harvey Odze

  Licensing Sub-Committee C

  Councillor Alex Kuye

  Councillor Sam Pallis

  Councillor James Peters

  Licensing Sub-Committee D

  Councillor Brian Bell

  Councillor Emma Plouviez

  Councillor Gilbert Smyth

  Licensing Sub-Committee E

  Councillor Ian Rathbone

  Councillor Caroline Selman

  Councillor Peter Snell

Justin Farley

7.1  The Licensing Committee wished to express their thanks to legal officer Justin Farley, whom after 12 years working for Hackney Council, was leaving to work for the Phone-paid Services Authority. Members thanked Justin for his expertise and help over the years in assisting the work of the Licensing Sub-Committees.

  Licensing Training

7.2  Licensing Committee members noted that the Licensing training was scheduled for the 12^th July 2018.  The agenda was yet to be confirmed but it was understood that the training would encompass the latest update on case law as well the report from the House of Lords Select Committee into the Licensing Act 2003.  The Lords Committee, set up to scrutinise the Act, had concluded that it was fundamentally flawed and needed a radical overhaul, including the abolition of local authority licensing committees.

  Next Licensing Committee meeting

7.3  The Licensing Committee members noted that following the next meeting on 17^th October 2018 there would be discussion about the pre application process for licensing. This post-committee meeting would be used as an opportunity to consider how the Licensing Sub-Committees were doing. This post meeting would also include a WAVE (Welfare and Vulnerability Engagement) presentation from the Metropolitan Police Service (MPS’) central licencing team to provide those working in the licensed industry with an awareness of vulnerability and their responsibilities towards people visiting their premises. Licensing Committee members noted that Licensing Agent Andy Newman was also involved in this area of work.

  Pre Application Advice Service

7.5  David Tuitt explained the Licensing Service were looking at creating a paid pre application advice service to advise and assist applicants with their premises licence applications. This service was seen as a way of formalising the work that the Licensing Service already did.  The Licensing Service had looked at other local authorities who were already a similar service. Committee members noted that a report on this service would be considered at the 17^th October Licensing Committee meeting.

7.6  In response to a question from Councillor Pallis, David Tuitt replied that there would be layers in place to avoid any potential conflicts of interest in the Licensing application process.  Those council staff involved in the pre-application process would not be involved in the later licensing application process.

7.7  In response to a question from Councillor Pallis, David Tuitt replied that the Licensing Service could not as part of its services recommend a particular licensing agent or solicitors firm but they could provide the applicant with a list. Licensing Service was not seeking to compete with the products and services provided by those agents and firms.