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Agenda and minutes

Venue: Committee Rooms A and B, Civic Offices, Elstree Way, Borehamwood

Contact: Allan Siao Ming Witherick  0208 207 7806

Items
No. Item

66.

Membership

In accordance with the Council’s Constitution, substitutes are not permitted to this Committee. 

Minutes:

Members noted that, as stated on the agenda, substitutes to this Committee were not permitted.

 

Councillor Newmark was welcomed to his first meeting of the Licensing Committee.

67.

Communications and apologies

(a)       Communications (if any) relating to business on the agenda.

 

(b)       Apologies for absence.

 

(c)        To receive presentations (if any) made in pursuance of a petition in accordance with the Council’s Constitution.

 

In accordance with the Standing Order:-

 

No presentation shall exceed five minutes and consideration of the subject matter will normally take place at the next ordinary scheduled meeting of the Committee and not at this meeting.

 

Minutes:

Apologies for absence had been received from Councillors L Davies, P Morris and L Silver.

 

The Chair also welcomed the work experience student who was in attendance.

68.

Declarations of interest

Members are required to declare any disclosable pecuniary interests they or their spouse/partner have in any matter which is to be considered at this meeting.  Members must also declare any other pecuniary or non-pecuniary interests they have in any matter to be considered at this meeting. The responsibility for declaring an interest rests solely with the member concerned.

 

Members must clearly state to the meeting the existence and nature of any disclosable pecuniary interest, other pecuniary interest or non‑pecuniary interest and the agenda item(s) to which it/they apply.

 

Disclosable Pecuniary Interests are prescribed by the Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012 as follows;

 

Employment, office, trade, profession or vocation

Any employment, office, trade, profession or vocation carried on for profit or gain.

 

 

 

Sponsorship

Any payment or provision of any other financial benefit (other than from the relevant authority) made or provided within the relevant period in respect of any expenses incurred by a member in carrying out duties as a member, or towards your election expenses. This includes any payment or financial benefit from a trade union within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992.

 

 

Contracts

Any contract which is made between the relevant person (or a body in which the relevant person has a beneficial interest) and the relevant authority— (a) under which goods or services are to be provided or works are to be executed; and (b) which has not been fully discharged.

 

 

Land

Any beneficial interest in land which is within the area of the relevant authority.

 

 

Licences

Any licence (alone or jointly with others) to occupy land in the area of the relevant authority for a month or longer.

 

Corporate tenancies

Any tenancy where (to the member’s knowledge) - (a) the landlord is the relevant authority; and (b) the tenant is a body in which the relevant person has a beneficial interest.

 

 

Securities

Any beneficial interest in securities of a body where - (a) that body (to the member’s knowledge) has a place of business or land in the area of the relevant authority; and (b) either (i) the total nominal value of the securities exceeds £25,000 or one hundredth of the total issued share capital of that body; or
(ii) if the share capital of that body is of more than one class, the total nominal value of the shares of any one class in which the relevant person has a beneficial interest exceeds one hundredth of the total issued share capital of that class.

 

In cases of disclosable pecuniary interest, Members must withdraw from the meeting room while the matter is being considered.

 

Minutes:

No Member had an interest to declare under any of the items of business on the agenda.

 

 

69.

Minutes pdf icon PDF 72 KB

To confirm and sign the minutes of the meeting of the Committee held on 12 December 2017 and the special meeting of the 23 May 2018.

 

In accordance with the Constitution no discussion shall take place upon the minutes, except upon their accuracy.

Additional documents:

Minutes:

The minutes of the meeting held on 12 December 2017 and the special meeting of the 23 May 2018 were confirmed and signed as correct records.

[At 10:01am Councillor M Sachdev arrived at the start of the following Item.]

70.

Minutes of Licensing Sub-Committee meetings pdf icon PDF 162 KB

To receive the Minutes of the Licensing Sub-Committee meeting held on 12 April 2018.

Minutes:

The minutes of the Licensing Sub-Committee meeting held on 12 April 2018 were received and noted.

[At 10:07am Councillor M Vince arrived during the following Item.]

71.

Licensing Act 2003 - Consultation on and review of the Statement of Licensing Policy 2018-2023 pdf icon PDF 155 KB

To seek approval for the draft Statement of Licensing Policy 2018-2023, attached at Appendix A, made in accordance with the Licensing Act 2003, for consultation prior to submission to Full Council for approval.

Additional documents:

Minutes:

Report No. LIC/18/01 from the Senior Licensing Officer was received.  The report sought the Committee’s approval to formally consult on the proposed Statement of Licensing Policy 2018-2023 included at Appendix A, and to agree an adequate time frame for the duration of the consultation.  This was proposed to be eight weeks as there were no new substantive items and the majority represented processes already in place or legislative changes.

 

Introducing the report, the Senior Licensing Officer explained that the changes were designed to help applicants to have a clearer understanding of expectations.  She then outlined some of the areas that had been amended or added:

 

1.    Safeguarding of children and young people – The attention of licence holders had been drawn to their responsibilities both to customers and employees including the need for managing risks and the reporting of concerns.

2.    Proxy Sales – A training need had been identified during licensing hearings and this provision helped to reinforce this.

3.    Deliveries of alcohol – With the increase in online orders there was an emphasis on checking the age of those receiving deliveries.

4.    Age Verification – Challenge 21 or 25 schemes were cited as one method to demonstrate that the mandatory condition to have an adequate age verification system in place was discharged.

5.    Annual fees and suspension of licences for non-payment – Provisions were already in place but not specifically listed within the policy and this set minimum standards.  Officers did provide reminders well in advance to avoid suspensions.

6.    Immigration Matters – From the 6 April 2017 new powers relating to the suspension and revocation personal licences linked to relevant immigration offences had been introduced.

7.    Dispersal policies – Licence holders were encouraged to have a dispersal policy in place and consideration as to measures which could be put in place to minimise disruption.

8.    Film Classifications – This reflected the changes previously agreed by the Committee to move to Officer led assessment and the experiences with receiving the film in a suitable timescale and format.

 

The Committee supported a request from a Member that the safeguarding of children and young people should be widened to include vulnerable people in general.  Officers stated that it should be possible to integrate this in to the policy as the principles were similar.

 

The Chair noted that a number of the items, including the protection and safeguarding of children and young people had been welcomed by the police.

 

Officers reported in response to Members questioning that Licensing Officers did go out and undertake visits and inspections as appropriate.  This might be in response to issues raised via noise complaints or the police.

 

Members queried the relationship with food hygiene and “Scores on the doors”.  Officers responded that this was moved to the Food Standards Agency several years ago with the transition to a national scheme.  There is no requirement for the scores to be displayed and those receiving a level 0 or 1 would be subject to re-inspection.  Closure  ...  view the full minutes text for item 71.

72.

Gambling Act 2005 - Consultation on and review of the Gambling Policy 2018-2021 pdf icon PDF 135 KB

To seek approval for the draft Statement of Gambling Policy 2018-2021, attached at Appendix A, made in accordance with the Gambling Act 2005, for consultation prior to submission to Full Council for approval.

Additional documents:

Minutes:

Report No. LIC/18/02 from the Licensing Officer was received.  The report sought the Committee’s approval to formally consult on the proposed Gambling Policy 2018-2021 included at Appendix A, and to agree an adequate time frame for the duration of the consultation.

 

Introducing the report, the Licensing Officer explained that the review of the Gambling Policy was on a three year cycle that happened to coincide with the review and consultation period for the Licensing Policy this time.  The government is looking to change the review period to be five years for the Gambling Policy although there are no timescales on this.

 

There were no major changes proposed but the opportunity had been taken to address minor amendments including:

1)    The Gambling Commission’s Licence Conditions and Codes of Practice had been expanded in January 2018 to enhance the requirements for local risk assessments to be undertaken by Licensees and this was reflected in the revised policy.  This built on best practise from other areas.

2)    The Government was reviewing the maximum stakes permitted for Fixed Odds Betting Terminals (FOBTs) and as any changes would come in to force before the final statement is published the table which outlined the categories of gaming machines had been replaced by a reference to the Gambling Commission website.

 

In response to questions from Members, Officers explained that it was not possible to restrict opening hours, the number and proximity or gambling establishments either to each other or to schools for example through the policy.  There were limited possibilities available separately through the planning process.

 

It was highlighted that one of the local youth councils was missing from the list of consultees and Officers agreed to add Elstree & Borehamwood Youth Council.

 

RESOLVED that:

1.    Officers be authorised to consult on the draft Gambling Policy 2018-2021 as presented in LIC/18/02 Appendix A.

2.    A consultation period of eight weeks be agreed.

3.    Elstree & Borehamwood Youth Council be added to Appendix A of the policy listing bodies to be consulted.

 

(Action: Licensing Officer)

73.

Other Licensing Matters

To receive an oral update from the Chief Environmental Health Officer in respect of other licensing matters, including:

 

·         any enforcement matters relating to hackney carriage and private hire;

·         any matters regarding the Licensing Act 2003

Minutes:

The Senior Licensing Officer provided the Committee with an update on recent licensing matters:

 

Policing and Crime Act 2017 – New provisions have been brought in which give the Licensing Authority the ability to suspend a licence for up to 6 months or revoke it where a relevant office has been committed.  The gathering of evidence is undertaken by officers and if the recommendation is a warning letter, for example due to a first offence, this will be notified to the police.  If there is a request to suspend or revoke a licence this will be brought to the Committee for decision.

 

Hackney Carriage and Private Hire Licensing Policy 2017 – 2022 – This had now been in force for a year and had resulted in a reduction in the number of applications.  This was in part due to the changes to bring the Council in to line with neighbouring authorities which required a driving license to have been held for three years instead of the statutory minimum of one.  Changes in the maximum vehicle age policy to 4 years old for Private Hire and 5 years for Hackney Carriage had resulted in improvements in the fleet and had had a positive impact on emission levels.

One Private Hire licence had been revoked as a result of the loss of their driving licence for 6 months under the totting up process.  Separately one licence was suspended subject to a police investigation.

 

Safeguarding Conference – The Community Safety team were planning a conference focussed on improving awareness of safeguarding aimed at people in the hospitality, taxi, fast-food sectors and door staff.  This would cover issues such as child sexual exploitation, County Lines and modern slavery as well as innovations such as the “Ask Angela” scheme.  The Institute of Licensing with the Home Office and Crime Stoppers have also produced posters for taxi companies to raise awareness with drivers.

Members queried whether schools would be invited and officers responded that this would be more suited to a separate event.  Members were concerned that child exploitation was a cross cutting issue which did happen in the local community and that it was important for schools to be engaged in this work.

74.

Any other business which the Chairman considers urgent

In accordance with S100B(4) of the Local Government Act 1972, amended by the Access to Information Act of 1985, no urgent business may be raised unless it has been approved by the Chair.  The item and reason for urgency must be announced at the start of the meeting.

Minutes:

There was none.

75.

Date of next meeting

Future meetings are scheduled to take place at 10am at the Civic Offices, Elstree Way, Borehamwood, as follows:

·         27 September 2018

·         11 December 2018

·         05 March 2019

·         25 June 2019

Minutes:

Noted that the next meeting of the Licensing Committee was scheduled to be held on Thursday 27 September 2018 at the Civic Offices, Elstree Way, Borehamwood, commencing at 10 am.