STATUTORY LICENSING COMMITTEE
Minutes of a meeting held on 7th June, 2016.
Present: Councillor A.G. Powell (Chairman); Councillor H.C. Hamilton (Vice-Chairman); Councillors G.A. Cox Mrs. P. Drake, Mrs. A.J. Preston, Ms. R.F. Probert, J.W. Thomas and Mrs. M.R. Wilkinson.
63 APOLOGIES FOR ABSENCE -
These were received from Councillor E. Hacker, K. Hatton, Mrs. A. Moore, N. Moore and R.P. Thomas.
64 MINUTES -
RESOLVED - T H A T the minutes of the meeting held on 2nd February, 2016 be approved as a correct record.
65 DECLARATIONS OF INTEREST -
No declarations were received.
66 LICENSING ACT 2003: STATEMENT OF LICENSING POLICY 2016-2021 (DEH) -
The Committee considered a report which sought approval to commence the consultation period required in order to determine and publish the Council’s Statement of Licensing Policy.
The Council's Draft Statement of Licensing Policy for the period 2016-2021 was attached to the report at Appendix A. The draft policy contained a number of legislative updates which were highlighted in bold within the document. Members were informed that, at this point the authority had not been asked to consider and include any significant licensing policy changes, but this situation may alter as the consultation process proceeded.
The Licensing Authority must consult a number of responsible authorities and community representatives before determining its policy.
The Chief Officer of Police
The Fire and Rescue Authority
The Local Health Board
Such persons as the Licensing Authority considered to be representative of holders of premises licences issued by that authority
Such persons as the Licensing Authority considered to be representative of holders of club premises certificates issued by that authority
Such persons as the Licensing Authority considered to be representative of holders of personal licences issued by that authority and
Such other persons as the Licensing Authority considered to be representatives of businesses and residents in its area
The consultation would be published on the Council's website.
In addition, local consultees would include all Elected Members and Town and Community Councils by email, The British Institute of Innkeeping (BiII), and solicitors who had previously expressed a wish to be consulted, Safer Vale, and the Council's Urban Regeneration and Tourism and Marketing Departments.
In presenting the report, the Team Leader for Licensing advised that the existing Licensing Policy set out how the Licensing Authority determined applications. Members were made aware that some updates and amendments to be made to the Policy in order to bring it in line with the Corporate Objectives and Licensing Legislation. Trade and representative bodies would be consulted and their responses would be fed into the process.
The Team Leader drew Members’ attention to some amendments within the draft Policy which included:
how the draft Policy would link into the key themes of the Corporate Plan 2016-2020
information for individuals in relation to the completion of Licensing application forms
information in relation to the delegation of functions to the Statutory Licensing Committee and Sub-Committee.
It was confirmed that the draft Policy would be sent to all statutory consultees, and be published on the website for the public to provide feedback.
Members were informed that the results of the consultation would be brought back to a meeting of the Statutory Licensing on 26th July, 2016 prior to going to Cabinet and Full Council.
A Member queried whether the fact that the public were to be consulted should have been included within the list of consultees in the report and suggested that further details should be included within the draft policy, on the phrase ‘long term’ which was listed in the list of licensing processes. The Team Leader advised that they would look into this and ensure that it was corrected prior to going out to consultation.
A Member queried why the Licensing Authority had not adopted specific policies in relation to takeaways. The Team Leader advised that there had been recent changes in legislation, which allowed Local Authorities to adopt set policies in relation to takeaway’s however, in the Vale of Glamorgan they had not received any feedback from the police which would indicate that a separate policy would be required and the disapplication needed to be authorised under the Licensing Act 2003.
Members raised concerns in relation to litter and whether anything could be done such as the introduction of a separate policy, to mitigate the problems of litter from take aways. Members also expressed the view that it was difficult to pinpoint where litter came from and also to condition this on licences.
The Operational Manager for Neighbourhood Services advised that where the Authority could take action in relation to litter it did so, but felt that a specific policy was not necessary. Furthermore, he welcomed Members input as part of the consultation process and following the conclusion of the consultation process would determine whether the Licensing Act was the appropriate vehicle to deal with the issue of litter. There were, however, powers available to the Local Authority in order to deal with these types of issues.
The Chairman advised that the consultation exercise would give all necessary parties an opportunity to provide representations and re-examine issues and potentially get a better idea of the scale of the litter problem. The Legal Officer advised that he was aware of discussions involving the Director of Environment and Housing, in relation to dog fouling and litter. Primary legislation could be used to deal with these issues; however, it was an issue that was being looked at corporately by the Council.
The Chairman advised that he would relay the concerns of the Committee to the Director of Environment and Housing and ensure that litter resulting from the late night economy was also considered.
A Member advised that there was a problem with litter in their Ward due to high numbers of takeaways in a small radius, and that they were aware that some may be disposing of cooking oil in the street. The Operational Manager for Neighbourhood Services advised that they could raise this with the Food Disposal Team as businesses were required to dispose of their waste properly and prove they were doing so, furthermore, he would also speak to the Director of Environment and Housing and raise the issue of litter from takeaway packaging and how the Local Authority dealt with enforcement in relation to this issue.
Following consideration of the report, the Committee
RESOLVED - T H A T the Director of Environment and Housing be authorised to undertake the statutory consultation process and that the Statement of Licensing Policy be timetabled for referral to Cabinet on 5th September, 2016 and Full Council on 28th September, 2016, for approval.
Reason for decision
Section 5 of the Licensing Act 2003 requires a Licensing Authority to determine its policy with respect to the exercise of its licensing functions and to publish a statement of that Policy. The determination of the Statement of Licensing Policy was a Council function.