Agenda and minutes
To receive apologies for absence.
Apologies were received from Councillors Keith Aburrow, James Bevan, Maria Edey, Andrew Gardiner, Len Lawton, and Alan Preest.
To confirm the minutes of the meeting held on 26 July 2010.
The minutes of the meeting held on the 26 July 2010 were agreed and signed as a correct record.
The chairman to identify any items of urgent business.
There were no urgent business on this occasion.
Declarations of Interest
To receive any declarations of interest in any matter to be discussed at the meeting. Members and officers are requested to identify the nature of the interest and indicate whether it is personal or prejudicial.
There were no declarations of interest.
To consider report E.29 relating to the draft Sex Establishment Policy.
Heather Lucas Senior Environmental Protection and Licensing Officer, presented report E.29.
The chairman Councillor Jane Horne thanked Heather Lucas Senior Environmental Protection and Licensing Officer for a very comprehensive draft policy. She asked members if they had read report E.29 and the draft Sex Establishment Policy, she read out the recommendations, and briefly read through the policy page by page.
Councillor Roy Birch enquired how specific is 1.1.2 to 3.6.3 of the draft Sex Establishment Licensing Policy, and how far would the proximity of the establishments be from community premises.
Heather Lucas Senior Environmental Protection and Licensing Officer replied it is difficult to determine the locations of the establishments until details are received on the applications. Applications would be considered on their own merits and individual cases, the council would have regard to all premises listed in 3.6.3 of the policy.
Councillor Carole Allaway Martin, asked if there was any case law studies the Licensing Committee should be aware of.
Claire Childs, Assistant Solicitor, replied that she would check out whether they were any case law studies available, if so would email members with the information.
Councillor Roy Birch asked what was meant by exceptional circumstances in 2.2.2 under Right to Waiver.
Claire Childs, Assistant Solicitor, advised that a waiver would be considered on its own merits, if the Legal and Licensing teams were unsure about granting a waiver it would be brought back to a Licensing Committee meeting for consideration.
Councillor David Thompson enquired if the committee would allow a waiver on theatre production or a performing arts event.
Claire Childs, Assistant Solicitor, informed the committee that every application would be determined in line with the Delegation of Functions outlined in Annex E to the Policy.
Councillor Frankie Evans, enquired if the committee could stop anyone being employed by not allowing a licence.
Claire Childs, Assistant Solicitor, advised that the legislation was quite strict and she didn’t think that this was an issue for the committee.
Councillor Roy Birch, asked at 3.4 (a) of the policy what makes an applicant unsuitable.
Claire Childs, Assistant Solicitor, replied that there are many reasons an applicant may not be suitable to hold a licence, it maybe an applicant has a criminal record, the Licensing Officers use experience and common sense when granting or renewing a licence.
Councillor Carole Allaway Martin, asked at 3.6.3 of the draft policy would the route to the establishment be taken into consideration when granting a licence.
Heather Lucas Senior Environmental Protection and Licensing Officer, explained the location of a proposed establishment would be taken into consideration, and that the proximity of schools, churches, youth clubs etc would be a factor when granting a licence, she further advised that licences needed to be applied for every twelve months.
Councillor Des Saunders proposed the recommendation and Councillor Frankie Evans second the proposal; all members were in favour of the recommendations.
1. Approve for consultation the Policy at Annex A and Standard Conditions at Annexes C and D ... view the full minutes text for item 5.
To consider E.30 relating to Street Trading Consents.
Frank Russell Senior Environmental Protection and Licensing Officer, presented report E.30 Street Trading Consents.
The chairman Jane Horne, thanked Frank Russell for his report, and read out the recommendations.
Councillor David Thompson, enquired if the Seasonal Consents had to specify precise times as not all street traders work at the same periods of the year.
Frank Russell Senior Environmental Protection and Licensing Officer informed the meeting that there were several businesses, which only operate on a seasonal basis, and at present there are operators who attempt to avoid licensing until the beginning of a quarter, therefore pay a lower fee. Introducing dates from 1 March – 31 October would resolve this issue and make administering consents simpler and assist businesses in the application process.
Councillor Frankie Evans asked what happens with Christmas trading.
Frank Russell Senior Environmental Protection and Licensing Officer, advised that the dates were decided for simplicity, he further said that he would enquire how other authorities operated regarding Christmas Trading Consents.
Councillor Graham Morgan, asked for clarification on whether street traders needed to apply to every council for a trading licence.
Frank Russell Senior Environmental Protection and Licensing Officer replied that street traders required a licence for each council.
Councillor Roy Birch asked as street traders move from area to area, were there any licensing inspections carried out on street trader’s stalls and vehicles, also was there a condition street traders had to display their licences.
The chairman Jane Horne replied that the Licensing Officers were very vigilant.
Frank Russell Senior Environmental Protection and Licensing Officer informed the committee that the council’s Environmental Food Team inspect fishmonger, ice cream stalls/vans regularly. He advised that the Licensing Team did produce identification badges and in view of the committee’s comments would check the conditions and report back to the committee with the outcome.
Councillor Carole Allaway Martin, believed it would help public confidence if street traders displayed visual licences, as this would show the public that the street trader was paying its taxes.
The chairman Jane Horne thanked the Licensing Team for the amazing amount of work they do and for the comprehensive reports. She believed licensing had really worked in the district since the district council had taken over the licensing.
Councillor Roy Birch proposed the recommendation and Councillor Max Coburn second the proposal; all members were in favour of the recommendation.
1. Approve the issue of new Street Trading Consents from date of issue rather than annually on 1st October.
2. To introduce a Seasonal Consent to run from 1st March to 31st October.
3. To agree the new licence fees set out in paragraph 1.3 of this report to have immediate effect and thereafter to be reviewed annually on 31st March in line with all other licences.
3. To agree the policy to calculate refunds when street trading consents are surrendered as set out in paragraph 1.4 of this report.
4. To agree the commencement of two consents issued in ... view the full minutes text for item 6.