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Authorisation of Officers to Serve Closure Notices under the Criminal Justice and Police Act 2001

31/03/2016 - Authorisation of Officers to Serve Closure Notices under the Criminal Justice and Police Act 2001

The Committee received a report from the Environmental Health Manager which sought authorisation for Council officers to exercise the powers to close unlicensed premises contained within the Criminal Justice and Police Act 2001 (‘the Act’).

 

The Committee asked the following questions in response to the report:

 

i.             Once the power had been delegated to the Director of Customer and Community Services could that power be further delegated.

ii.            Requested that a report detailing the use of the delegated powers was brought to the Licensing Committee so that Members could be aware of when the powers had been exercised.

 

In response to the Committee’s questions, the Environmental Health Manager confirmed the following:

 

       i.                The Director of Customer and Community Services could delegate the power to close unlicensed premises to other Council officers. 

     ii.                Confirmed that an enforcement report could be brought to the Committee as a standard item every quarter or six months and could include information as to whether the power to close unlicensed premises had been exercised.

 

Resolved unanimously to:

 

    i.                   Recommend to Full Council that sections 19-28 of the Criminal Justice and Police Act 2001 be added to the scheme of delegations which are the responsibility of the Licensing Committee as found in Part 3 Section 5.6 of the Council’s constitution.

  ii.                   Subject to Council approval for recommendation 2.1 (i above), that the Director of Customer and Community Services be given delegated powers to exercise the Council’s functions under section 19-28 Criminal Justice and Police Act 2001.