Section 3 - Licensing Committee

Quorum: 3 Meets: 1 - 2 times per year Has executive powers

Please note, some of the responsibilities listed below may have been delegated to an officer a Panel or a Sub-Committee of the Licensing Committee. Please see the schedule of delegation set out in section 10 of this part for delegation to officers.

Composition: 10 members who shall not be appointed in accordance with the Local Government (Committees and Political Groups) Regulations 1990.

Licensing Authority: In addition to its usual role and terms of reference, the Licensing Committee will also meet as a Committee of the Licensing Authority to discharge the duties of the Licensing Authority under the Licensing Act 2003 and the Gambling Act 2005. Such meetings will only transact business under the Licensing Act 2003 and/or the Gambling Act 2005, and no item will be placed on the Agenda for that meeting that relates to any other licensing function. When discharging duties under the Licensing Act 2003 and/or the Gambling Act 2005, the Licensing Committee will be known as the Committee of the Licensing Authority.

No member shall sit on the Licensing Committee, when meeting as a Committee of the Licensing Authority, to discharge the duties of the Licensing Authority under the Licensing Act 2003 and/or the Gambling Act 2005 unless they have attended suitable training.

Sub-Committees: The Committee of the Licensing Authority shall appoint such number of sub-committees as it considers necessary to discharge any of the duties under the Licensing Act 2003 or the Gambling Act 2005 that are delegated to a sub-committee by the Licensing Committee. Each sub-committee shall have a named membership comprising two ordinary members of the Licensing Committee and either the Chairman or the Vice-Chairman of the Licensing Committee. When it is necessary to convene a meeting of a sub-committee, the Head of Community and Neighbourhood Services shall convene any one of the sub-committees according to the availability of members.

Substitution of Members: There will be no substitution of members on the Licensing Committee, whether meeting in its usual role or as a Committee of the Licensing Authority, nor will there be substitution of members on any Panel or Sub-Committee appointed by the Licensing Committee.

Terms of Reference:

(a) Licensing and registration functions, which will include determining applications and appeals, enforcement of licence conditions, prosecutions, and making recommendations to Council on levels of fees and charges.

(b) Functions relating to health and safety at work otherwise than in the capacity as an employer

(c) Licensing functions under the Licensing Act 2003 and the Gambling Act 2005, when sitting as a Committee of the Licensing Authority

(d) The following specified functions:

Function	Provision of Act or Statutory Instrument

A. Licensing and registration functions

1. Power to issue licences authorising the use of land as a caravan site ("site licences").	Section 3(3) of the Caravan Sites and Control of Development Act 1960.

2. Power to licence the use of moveable dwellings and camping sites.	Section 269(1) of the Public Health Act 1936.

3. Power to licence hackney carriages and private hire vehicles.	(a) as to hackney carriages, the Town Police Clauses Act 1847, as extended by section 171 of the Public Health Act 1875, and section 15 of the Transport Act 1985; and sections 47, 57, 58, 60 and 79 of the Local Government (Miscellaneous Provisions) Act 1976; (b) as to private hire vehicles, sections 48, 57, 58, 60 and 79 of the Local Government (Miscellaneous Provisions) Act 1976.

4. Power to licence drivers of hackney carriages and private hire vehicles.	Sections 51, 53, 54, 59, 61 and 79 of the Local Government (Miscellaneous Provisions) Act 1976.

5. Power to licence operators of hackney carriages and private hire vehicles.	Sections 55 to 58, 62 and 79 of the Local Government (Miscellaneous Provisions) Act 1976.

6. Power to register pool promoters.	Schedule 2 to the Betting, Gaming and Lotteries Act 1963.

7. Power to grant track betting licences.	Schedule 3 to the Betting, Gaming and Lotteries Act 1963.

8. Power to licence inter-track betting schemes.	Schedules 5ZA to the Betting, Gaming and Lotteries Act 1963.

9. Power to grant permits in respect of premises with amusement machines.	Schedule 9 to the Gaming Act 1968.

10. Power to register societies wishing to promote lotteries.	Schedule 1 to the Lotteries and Amusements Act 1976.

11. Power to grant permits in respect of premises where amusements with prizes are provided.	Schedule 3 to the Lotteries and Amusements Act 1976.

12. Power to issue cinema and cinema club licences.	Section 1 of the Cinema Act 1985.

13. Power to issue theatre licences.	Sections 12 to 14 of the Theatres Act 1968.

14. Power to issue entertainments licences.	Section 12 of the Children and Young Persons Act 1933, section 52 of, and Schedule 12 to, the London Government Act 1963, section 79 of the Licensing Act 1964, sections 1 to 5 and 7 of, and Parts I and II of the Schedule to, the Private Places of Entertainment (Licensing) Act 1967 and Part I of, and Schedules 1 and 2 to, the Local Government (Miscellaneous Provisions) Act 1982.

14A Functions relating to Licensing	Sections 5-8 of the Licensing Act 2003

15. Power to licence sex shops and sex cinemas.	Section 2 and Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982.

16. Power to make closing order with respect to take-away food shops.	Section 4 of the Local Government (Miscellaneous Provisions) Act 1982.

17. Power to licence performances of hypnotism.	The Hypnotism Act 1952.

18. Power to licence premises for acupuncture, tattooing, ear-piercing and electrolysis.	Sections 13 to 17 of the Local Government (Miscellaneous Provisions) Act 1982.

19. Power to licence pleasure boats and pleasure vessels.	Section 94 of the Public Health Acts Amendment Act 1907.

20. Power to licence market and street trading.	Part III of, and Schedule 4 to, the Local Government (Miscellaneous Provisions) Act 1982, Section 2 of the Late Night Refreshment Houses Act 1969.

21. Power to licence night cafes and take-away food shops.	Section 2 of the Late Night Refreshment Houses Act 1969.

22. Power to licence dealers in game and the killing and selling of game.	Sections 5, 6, 17, 18 and 21 to 23 of the Game Act 1831; sections 2 to 16 of the Game Licensing Act 1860, section 4 of the Customs and Inland Revenue Act 1883, sections 12(3) and 27 of the Local Government Act 1874, and section 213 of the Local Government Act 1972.

23. Power to register and licence premises for the preparation of food.	Section 19 of the Food Safety Act 1990.

24. Power to licence scrap yards.	Section 1 of the Scrap Metal Dealers Act 1964.

25. Power to issue, amend or replace safety certificates (whether general or special) for sports grounds.	The Safety of Sports Grounds Act 1975.

26. Power to issue, cancel, amend or replace safety certificates for regulated stands at sports grounds.	Part III of the Fire Safety and Safety of Places of Sport Act 1987.

27. Power to licence premises for the breeding of dogs.	Section 1 of the Breeding of Dogs Act 1973 and section 1 of the Breeding and Sale of Dogs (Welfare) Act 1999.

28. Power to licence pet shops and other establishments where animals are bred or kept for the purposes of carrying on a business.	Section 1 of the Pet Animals Act 1951; section 1 of the Animal Boarding Establishments Act 1963; the Riding Establishments Acts 1964 and 1970; section 1 of the Breeding of Dogs Act 1973, and sections 1 and 8 of the Breeding and Sale of Dogs (Welfare) Act 1999.

29. Power to licence zoos.	Section 1 of the Zoo Licensing Act 1981.

30. Power to licence dangerous wild animals.	Section 1 of the Dangerous Wild Animals Act 1976.


31. Power to licence knackers' yards.	Section 4 of the Slaughterhouses Act 1974. See also the Animal By-Products Order 1999 (S.I. 1999/646).

32. Power to license persons to collect for charitable and other causes.	Section 5 of the Police, Factories etc. (Miscellaneous Provisions) Act 1916 and section 2 of the House to House Collections Act 1939.

33. Power to grant consent for the operation of a loudspeaker.	Schedule 2 to the Noise and Statutory Nuisance Act 1993.

34. Power to authorise erection of stiles etc on footpaths or bridleways.	Section 147 of the Highways Act 1980.

35. Power to require removal of obstruction or filling of excavation in a street that is not a highway.	Section 171 of the Highways Act 1980.

36. Power to consent to construction of cellars etc under street.	Section 179 of the Highways Act 1980.

37. Power to consent to the making of openings into cellars etc under streets, and pavement lights and ventilators.	Section 180 of the Highways Act 1980.

38. Power to approve meat product premises.	Regulations 4 and 5 of the Meat Products (Hygiene) Regulations 1994 (S.I. 1994/3082).

39. Power to approve premises for the production of minced meat or meat preparations.	Regulation 4 of the Minced Meat and Meat Preparations (Hygiene) Regulations 1995 (S.I. 1995/3205).

40. Power to approve dairy establishments.	Regulations 6 and 7 of the Dairy Products (Hygiene) Regulations 1995 (S.I. 1995/1086).

41. Power to approve egg product establishments.	Regulation 5 of the Egg Products Regulations 1993 (S.I. 1993/1520).

42. Power to issue licences to retail butchers' shops carrying out commercial operations in relation to unwrapped raw meat and selling or supplying both raw meat and ready-to-eat foods.	Schedule 1A to the Food Safety (General Food Hygiene) Regulations 1995 (S.I. 1995/1763).

43. Power to approve fish products premises.	Regulation 24 of the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998 (S.I. 1998/994).

44. Power to approve dispatch or purification centres.	Regulation 11 of the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998.

45. Power to register fishing vessels on board which shrimps or molluscs are cooked.	Regulation 21 of the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998.




46. Power to approve factory vessels and fishery product establishments.	Regulation 24 of the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998.

46A Power to grant permission for provision, etc. of services, amenities, recreation and refreshment facilities on highway and related powers	Sections 115E, 115F, and 115K of the Highways Act 1980

47A Duty to publish notice in respect of proposal to grant permission under section 115E of the Highways Act 1980	Section 115G of the Highways Act 1980

47. Power to register auction and wholesale markets.	Regulation 26 of the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998.

48. Duty to keep register of food business premises.	Regulation 5 of the Food Premises (Registration) Regulations 1991 (S.I. 1991/2828).

49. Power to register food business premises.	Regulation 9 of the Food Premises (Registration) Regulations 1991.

50. Power to register motor salvage operators.	Motor Salvage Operators Regulations 2002.

B. Functions relating to health and safety at work

Functions under any of the "relevant statutory provisions" within the meaning of Part I (health, safety and welfare in connection with work, and control of dangerous substances) of the Health and Safety at Work etc. Act 1974, to the extent that those functions are discharged otherwise than in the authority's capacity as an employer.	Part I of the Health and Safety at work etc. Act 1974.

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