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COMMITTEE FOR SOCIAL DEVELOPMENT

MINUTES OF PROCEEDINGS
Tuesday 09 NOVEMBER 2010
SENATE CHAMBER, PARLIAMENT BUILDINGS

Present:
Mr Simon Hamilton MLA (Chairperson)
Mr Sydney Anderson MLA
Mrs Mary Bradley MLA
Mr Mickey Brady MLA
Mr Jonathan Craig MLA
Mr Alex Easton MLA
Ms Anna Lo MLA
Mr John McCallister MLA
Mr Fra McCann MLA

In Attendance:
Mr Peter McCallion (Assembly Clerk)
Mr Trevor Allen (Assistant Assembly Clerk)
Mr Stewart Kennedy (Clerical Supervisor)
Ms Allison Ferguson (Clerical Officer)

Apologies: None

The meeting began at 2.02pm in open session.

1. Apologies

No apologies were received.

2. Chairperson’s Business

None.

3. Matters Arising

None.

4. Licensing and Registration of Clubs (Amendment) Bill – Clause-by-Clause Scrutiny

Mr Tom Bowler of the Department for Social Development’s Social Policy Unit joined the meeting at 2.02pm to address questions in relation to the Licensing and Registration of Clubs (Amendment) Bill.

Mr McCann declared an interest as a member of the Irish National Foresters Club and Cumann na Meirlach at 2.04pm.

Mr Anderson, Mrs Bradley, Mr Craig, Mr Easton, Mr Hamilton and Mr McCann declared an interest as councillors at 2.04pm.

The Clerk briefed the Committee on guidance to police in England and Wales in respect of powers to close licensed and other premises.

Ms Lo joined the meeting at 2.05pm.

The Committee considered the clauses of the Licensing and Registration of Clubs (Amendment) Bill.

Clause 1 – Closure of Licensed Premises and Clause 5 – Closure of Registered Clubs

Mr McCallister joined the meeting at 2.13pm.

The Committee discussed in detail the provisions of these clauses of the Bill.

Noted: The Committee noted a Departmental assurance that the Department of Justice guidance to the PSNI on the closure of licensed premises will be subject to review by the Committee for Justice. The Committee also noted a Departmental assurance that the Minister for Social Development will confirm this during the Consideration Stage of the Bill.

Noted: A number of Members indicated that they believed that police powers should not be extended so as to allow the closure of licensed premises without prior reference to the courts. These Members informally indicated their opposition to Clauses 1 and 5 as drafted.

Noted: Although a Member indicated that they were giving consideration to amendments which would extend police powers to included closure related to immanent disorder and noise nuisance, the majority of Members informally indicated their support for Clauses 1 and 5 as drafted.

Mr Easton left the meeting at 2.31pm.

Clause 2 – Penalty Points and Clause 6 – Penalty Points

The Committee discussed in detail the provisions of these clauses of the Bill.

Noted: A number of Members suggested that in recognition of the widespread use by registered clubs of volunteers in management roles, consideration might be given to reducing the “shelf life” of penalty points from 3 years to 1 year.

Noted: The majority of Members informally indicated that they were in support of the clauses as drafted.

Clause 3 – Proof of Age and Clause 7 – Proof of Age

The Committees discussed in detail the provisions of these clauses of the Bill.

Noted: The Committee noted that as the Bill is currently drafted, the use of an invalid passport could not be relied upon as a “due diligence” defence by a licensed premises in proceedings relating to under-age drinking.

Agreed: The Committee agreed that Departmental guidance on the Proof of Age Scheme must clearly indicate that invalid passports should not be accepted by licensed premises as Proof of Age identification.

Mr McCallister left the meeting at 2.54pm.

Clause 4 – Application to limited liability partnerships

No issues of concern were raised in relation to this clause of the Bill.

Clause 8 – Accounts of Registered Clubs

Noted: The majority of Members informally indicated that they were in support of the clause as drafted.

Clause 9 – Authorisations for Special Occasions

The Committee considered the proposed increase from 52 to 120 of the maximum number of late licenses that registered clubs can apply for per year.

Noted: A significant minority of Members informally indicated that they supported the clause as drafted.

Some Members suggested that a 50% increase in the maximum number of late licences that registered clubs can apply for annually was sufficient.

The majority of Members informally indicated that they were in support of amendment to the clause to limit late licenses for registered clubs to 75 per year.

Agreed: The Committee agreed to seek the Minister’s view on this possible amendment.

Mrs Bradley left the meeting at 3.24pm.

Mr Easton rejoined the meeting at 3.25pm.

Agreed:The Committee agreed to take forward formal clause-by-clause scrutiny of the Licensing and Registration of Clubs (Amendment) Bill at its meeting of 16 November 2010.

The Chairperson thanked the official for his attendance.

The official left the meeting at 3.31pm.

5. Any Other Business

None.

6. Date, time and place of next meeting

The next meeting will take place on Thursday, 11 November 2010 at 9.30am, in Room 29, Parliament Buildings.

The Chairperson adjourned the meeting at 3.34pm.

Mr Simon Hamilton MLA
Chairperson, Committee for Social Development.
16 November 2010

04 November 10 / Menu

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