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Part 6.6 - Appendix: Licensing Committee

 

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Contents

  1. Preamble
  2. Establishment
  3. Scope of Role

1. Preamble

  • 1.1 Part 3 (Meeting Procedure Rules) and Part 6 (Council Bodies) set out the rules and procedures that apply to all of the Council's Bodies and Sub-Bodies.
  • 1.2 If there is any conflict between the wording of Parts 3 and 6 and this Appendix, this Appendix will prevail.

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2. Establishment

  • 2.1 The Licensing Act 2003 requires each licensing authority to establish a licensing committee. 
  • 2.2 The Licensing Committee shall consist of 12 Members reflecting the political balance of the Council. The membership is set out in the Committees List and Meeting Rules Table. There shall be no Substitute Members on the Licensing Committee.  

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3. Scope of Role

  • 3.1 The Licensing Committee is responsible for exercising (or delegating), where legislation permits:
    • 3.1.1 any of the Council's licensing functions under or related to:
      • 3.1.1.1 the Licensing Act 2003;
      • 3.1.1.2 the Gambling Act 2005; or
    • 3.1.2 any other:
      • 3.1.2.1 functions which legislation confers on a Licensing Authority or Licensing Committee;
      • 3.1.2.2 matters associated with or related to Licensing Committee functions or delegated to it by the Council.
  • 3.2 Where a duty arises to hold a hearing to determine a matter pursuant to the Licensing Committee's functions:
    • 3.2.1 a Sub-Committee of the Licensing Committee will generally be formed to determine such matters; but
    • 3.2.2 where the Licensing Committee Chairman so decides, the Licensing Committee may determine the matter rather than a Sub-Committee being formed to do so, in which case it will adopt the same process as outlined in the Licensing Sub-Committee Appendix. 
  • 3.3 The Licensing Committee also makes determinations in respect of the Council's other regulatory licensing functions including taxi licensing and street trading. 
  • 3.4 The Licensing Committee will also consider licensing matters generally.

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Part 6.6.1 - Appendix: Licensing Sub-Committee

This part of the Constitution sets out the rules and correct procedure for West Berkshire Council's Licensing Sub-Committee and highlights its role within the Council.

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