Agenda and minutes

Apologies were received from Councillors T Beard, D Bebbington and M Parsons.

To provide an opportunity for Members and Officers to declare any personal and/or prejudicial interests in any item on the agenda

No declaration of interests were made.

In accordance with Procedure Rules Nos.11 and 35 a total period of 10 minutes is allocated for members of the public to address the Committee on any matter relevant to the work of the Committee.

Individual members of the public may speak for up to 5 minutes but the Chairman will decide how the period of time allocated for public speaking will be apportioned where there are a number of speakers.

Members of the public are not required to give notice to use this facility.  However, as a matter of courtesy, a period of 24 hours’ notice is encouraged.

Members of the public wishing to ask a question at the meeting should provide three clear working days’ notice, in writing, in order for an informed answer to be given.

There were no members of the public present.

To approve the minutes of the meeting held on 29 March 2010.

RESOLVED:

That the minutes of the meeting held on 29 March 2010 be approved as a correct record and signed by the Chairman.

To receive the minutes of the Licensing Sub-Committee meetings held on 17 March 2010, 29 April 2010, 5 May 2010, 10 May 2010 and 17 June 2010.

RESOLVED:

That the minutes of the Licensing Sub Committee meetings held on 17 March 2010, 29 April 2010, 5 May 2010, 10 May 2010 and 17 June 2010 be received.

To consider proposed conditions to attach to authorisations granted under the provisions of the Hypnotism Act 1952 and a timeframe for determination of applications.

The Committee considered a report detailing information on the proposed conditions to attach to authorisations granted under the provisions of the Hypnotism Act 1952.

The Council had the power to authorise performances of hypnotism within its area, however the Council had not yet adopted conditions which would apply to such authorisations.  The power to licence performances of hypnotism was delegated within paragraph 25.2.7 of the Constitution to the Head of Safer and Stronger Communities.  This function had subsequently been delegated by the Head of Safer and Stronger Communities to the Licensing Manager. 

The proposed conditions, attached as Appendix A to the Report, followed the model scheme detailed in Home Office Circular 39/1996.  The proposed conditions were intended to strike a balance between legitimate concerns for public safety and the ability for hypnotists to trade. 

Section 4 of the Hypnotism Act 1952 gave a right of entry to police officers in connection with suspected contraventions of the Act.  The proposed conditions included a requirement to admit authorised officers of the Licensing Authority to allow for inspection of a premises where hypnotism was being carried out under an authorisation granted by that Licensing Authority. 

It was proposed that an application must be made no less than 28 days before the date of the performance.  This period was required so that the Licensing Section had sufficient time to consult Cheshire Constabulary on the application.  The period for determination of an application would be 28 days (commencing on receipt of a valid application) and if an application was not determined with this period, subject to ability to extend the period for a limited period if the applicant is notified of this prior to the expiry date, the application would be deemed granted. 

The Licensing Solicitor confirmed that if the proposed conditions were approved by the Committee, each application for an authorisation would still need to be considered on its own merits.

The draft conditions would be subject to a consultation exercise running over a period of twelve weeks which would include consultation with Cheshire Constabulary, the Health & Safety Section of Cheshire East Borough Council, the Federation of Ethical Stage Hypnotists, Equity and a prospective applicant.  In addition, the details of the consultation would be included on the Council’s website. 

RESOLVED:  That

(1)       the Licensing Manager be authorised to carry out a consultation exercise, as set out in the Report, in relation to the draft conditions set out in Appendix A.

(2)       in the event either that no consultation responses are received or that the responses received do not suggest amendments to the conditions, the conditions as set out in Appendix A be approved.

(2)       the period of twenty-eight days from receipt of a complete application as the period within an application must be determined be approved and the position in relation to ‘tact authorisation’ be noted.