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Apologies for absence
Apologies were received from Councillors Tony Shields, Richard Clifton and Moira Butt.
To approve as a correct record the Minutes of the meeting held on 20 March 2017.
The minutes were agreed and signed as a correct record of the meeting held on 20 March 2017.
Declarations of interest
There were no declarations of interest.
This report updates the Licensing Committee on implementation of the Immigration Act 2017, how immigration offences affect Licensing Act 2003 decisions in light of new guidance published by the Home Office and the practical implementation of these changes.
David Kingstone, Licensing & Environmental Compliance Team Leader, presented a report to update the Licensing Committee on the implementation of the Immigration Act 2016, in particular how immigration offences affect the Licensing Act 2003 decisions in light of new guidance published by the Home Office and the practical implementation of these changes.
Councillor Whitham asked whether a National Insurance number was sufficient to prove the right to work in the UK, and David Kingstone confirmed that photographic ID was required. Councillor Piracha asked whether applicants of previously granted licenses would be checked, David Kingstone informed the committee that the changes in legislation did not apply retrospectively and as such licences granted before 6 April 2017 couldn’t be checked without a good reason, such as a review application. Councillor Bartolucci asked what measures would be put in place for ensuring that licence-holders and applicants understand the legislation, and David Kingstone confirmed that they would supply applicants with advice and information, particularly should their application be rejected due to incomplete information being supplied.
RESOLVED that the Licensing Committee noted the updates to the Licensing Act 2003 and associated legislation.
To agree changes to the Licensing Act 2003 scheme of delegation, to reflect additional powers and responsibilities of the Licensing Sub-committee in respect of Personal Licences.
Kingstone, Licensing & Environmental Compliance Team Leader,
presented the report to the Committee.
Bartolucci asked what material changes
were being sought. David Kingstone explained that the basic
principles of licensing dictated that an authority should consider
that an applicant is ‘fit and proper’ before granting a
licence. The change impacts Personal Licence holders, and means
that following the conviction of a relevant offence (set out in
Schedule 4 of the 2003 Act), a hearing would consider whether the
person would still be suitable as a licence holder. Councillors
discussed the changes, in particular the arrangements in place to
ensure that the police communicated convictions to the licensing
authority. It was confirmed that personal licenses were not marked
on the police national computer record, however that applicants
were now asked for their date of birth so it would be easier to
check if their record showed a criminal conviction.
Kingstone advised the Committee that the changes in recommendation
2.3 could be made to the constitution under the Monitoring
Officer’s authority under section 3 of the ‘Schedule
for Updating the Constitution’ in the constitution and that a
request had been made to the Monitoring Officer. Committee members
discussed that they would be happy for the amendments to the
constitution to be made by the Monitoring Officer rather than by
Council via Strategy and Resources Committee should they agree to
the Licensing Committee:
1. Agreed that decisions relating to Personal Licences, where the Authority becomes aware that a person has been convicted of a relevant or foreign offence after the licence was granted, is delegated to the Licensing Sub-committee.
2. Approved the amendments to Appendices A and C of the Statement of Licensing Policy as set out in the report.
3. Recommended to Council, via the Strategy and Resources Committee, that the amendments to the Licensing Policy appendices be reflected accordingly in Section 3, Part 2 of the Council's Constitution.
Any urgent business,
brought forward at the direction of the Chair, who has approved the reason for the urgency.
There was no urgent business brought forward.