Agenda item

Draft Statement of Principles

Minutes:

The Licensing Officer explained that the Council had to agree a revised Statement of Principles in order to comply with the Gambling Act 2005.  The Gambling Act 2005 required the Council to consult with one or more persons who appeared to the authority to represent the interests of persons carrying on gambling businesses in the authority’s area.  She advised that to ensure that an extensive consultation was carried out 106 organisations and individuals comprising Responsible Authorities, premises licence and permit holders, schools, town and parish councils were directly consulted.

She provided members with a full copy of the responses received in respect of the draft Statement of Principles.  She pointed out that two of the responses circulated had been received since the publication of the report.

The Licensing Officer further explained that the consultation period had commenced on 11th August and ceased on 2nd October and that seven replies had been received.  The responses had also been sent to Philip Kolvin, a reputable Barrister and his comments were contained in the agenda report.  Members noted that Philip Kolvin would also provide comments on the two late responses.

The Licensing Officer advised that she had considered the consultation responses received and her comments in response and suggested amendments were contained in the agenda report. 

The Licensing Manager advised that following a number of meetings, Somerset County Council had agreed for the Somerset Local Safeguarding Children Board to become the Responsible Authority to fulfil the role of the body which is competent to advise the Council about the protection of children from harm.  In response to a member question, the Licensing Manager replied that he didn’t envisage the role to be particularly onerous and that Somerset County Council had assured him that they would be able to resource it.  The Licensing Officer commented that she didn’t expect there to be many applications as most came through on a transitional basis.  She explained that their role would also be to engage with the Council over policy issues and feeding back to operators.

During discussion on the report, members made a number of comments which included the following:

·         A member referred to page 42, paragraph 3.5 of the draft Statement of Principles and commented that there were some duplicated points;

·         With reference to one of the points covered in 3.5, the Licensing Manager confirmed that he would seek clarity from the Council’s Equality Officer prior to the report being considered by Full Council.

The Licensing Officer referred members to the comments received from the Gambling Commission which had been circulated at the meeting.  Members confirmed that they were content with the proposed amendments outlined by the Licensing Officer.

With regard to developing the approach to premises risk assessments, the Licensing Manager advised that the Somerset Licensing Officers Group (SLOG) would be discussing the issue with a view to getting more consistency across the county as a whole, however operators would still need to tailor their risk assessments to local policy.  It was suggested that no amendments be made to the Draft Statement of Principles as written and that it be reviewed again after the meeting takes place.

Members were informed that the draft Statement of Principles would be considered by Full Council at its meeting on 16th December 2015.

In response to a member question, the Licensing Manager confirmed that the Samaritans could be added to the list of consultees for the next policy that is written.

Following the debate, members were content to agree the recommendations of the report.

RESOLVED:

(1)

That the Committee agree the revised draft Statement of Principles under the Gambling Act 2005 and the suggested amendments subject to the outstanding issues to be addressed by Officers;

 

(2)

That the Committee agrees the body to fulfil the Responsible Authority role to advise the Council on Protecting Children Harm is changed to Somerset Local Safeguarding Children Board;

 

(3)

That the agreed draft Statement of Principles is submitted to full Council for consideration and approval;

 

(4)

That Committee recommend that the Council delegate the power to make any minor amendments to the Statement of Principles to the Licensing Manager in consultation with the Assistant Director – Environment.

 

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