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Agenda and draft minutes

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

Contact: Allan Siao Ming Witherick  0208 207 7806

Items
No. Item

242.

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.

243.

Communications and Apologies for Absence

(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 S Brown, C Kelly, P Knell, P Morris, A Plancey, M Sachdev, L Silver and P Wayne.

244.

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 Members had an interest to declare in relation to the agenda items for this meeting.

245.

Minutes pdf icon PDF 145 KB

To confirm and sign the minutes of the meeting of the Committee held on 26 June 2018.

 

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

Minutes:

The minutes of the meeting held on 26 June 2018 were confirmed and signed as a correct record.

246.

Minutes of Licensing Sub-Committee meetings

There have been no Licensing Sub-Committee meetings held since the last Licensing Committee meeting on the 26 June 2018.

Minutes:

There had been no Licensing Sub-Committee meetings held since the last Licensing Committee meeting on the 26 June 2018.

[Councillor J Newmark and M Vince joined the meeting at 10:03 during the next item.]

247.

Licensing Act 2003 - Adoption of the Council's Licensing Policy 2018-2023 pdf icon PDF 143 KB

To consider Report No. LIC/18/03 from the Senior Licensing Officer.

 

The report provides information on the outcome of the consultation undertaken in respect of the Council’s draft Statement of Principles in relation to the Licensing Act 2003. The committee is asked to examine the draft policy document and make additional recommendations if required prior to agreeing to submit it to full Council for adoption.

Additional documents:

Minutes:

Report LIC/18/03 from the Senior Licensing Officer was received.  The report provided information on the outcome of the consultation undertaken in respect of the Council’s draft Statement of Principles in relation to the Licensing Act 2003.  There had been three responses to the consultation, Fire Protection, Public Health – Health Protection and the Shiva Foundation in addition to Member comments and these had all been integrated in to the policy.

 

The Committee reviewed the revised draft and supported the amendments which had been made.

 

A query was raised about the use of the word “may” in 5.34 with regards to:

“A licence holder may ensure awareness of safeguarding issues by:” and

“provide awareness training to all members of staff on a regular basis on safeguarding issues which may include:”

The Committee agreed unanimously that this should be strengthened to “should”.

 

RESOLVED that the Committee endorse the post-consultation draft Statement of Licensing Policy amendments and recommend to Full Council that the policy is adopted at its next meeting on 21 November 2018, as set out at Appendix B to Report LIC/18/03 with the amendment of “should” instead of “may” in 5.34.

 

(Action:  Senior Licensing Officer)

248.

Gambling Act 2005 - Adoption of the Council's Gambling Policy 2018-2021 pdf icon PDF 90 KB

To consider Report No. LIC/18/04 from the Licensing Officer.

 

The report provides information on the outcome of the consultation undertaken in respect of the Council’s draft Statement of Principles in relation to the Gambling Act 2005. The committee is asked to examine the draft policy document and make additional recommendations if required prior to agreeing to submit it to full Council for adoption.

Additional documents:

Minutes:

Report LIC/18/04 from the Licensing Officer was received.  The report provided information on the outcome of the consultation undertaken in respect of the Council’s draft Statement of Principles in relation to the Gambling Act 2005.

 

There had been two responses, from William Hill and GamCare.  It was proposed that no changes be made as the majority had already been included or were not directly relevant locally.

 

Members were concerned about the phrase “reasonably consistent” in the Introduction to the Policy:

“Reasonably consistent with the licensing objectives (subject to the above 2 points);” and

“This statement of principles is intended to be reasonably consistent with the 3 licensing objectives set out in the Act.“

It was confirmed by the Head of Legal that removing the word “reasonably” would reduce any ambiguity.  The Committee agreed unanimously that this should be done.

 

RESOLVED that the Committee endorse the post-consultation draft Gambling Act 2015 Statement of Principles amendments and recommend to Full Council that the policy is adopted at its next meeting on 21 November 2018, as set out at Appendix B to Report LIC/18/04 with the word “reasonably” removed from the Introduction.

 

(Action:  Licensing Officer)

249.

Changes to the licensing arrangements for animal based businesses pdf icon PDF 183 KB

To inform the Committee of forthcoming changes to the way in which animal boarding establishments, dog breeding establishments, pet shops and riding establishments are licensed, and the commencement of responsibility for the licensing of the keeping of animals for exhibition.

The Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018.

Additional documents:

Minutes:

Report LIC/18/05 from the Assistant Chief Environmental Health Officer was received.  The report provided information on forthcoming changes to the way in which animal boarding establishments, dog breeding establishments, pet shops and riding establishments are licensed, and the commencement of responsibility for the licensing of the keeping of animals for exhibition.

 

The intention was that the fees would be similar to those currently charged.  Where possible it would be cost neutral against the processing and organising of the scheme, however this was dependent on the complexity of the forms provided by the government.  General enforcement fell on the tax payers as a whole.  A report would come to a future Committee meeting.

 

Questions were raised about livery stables, working dogs, animal breeding and dog breeding scenarios as the scope of the legislation had increased the number of businesses and individuals who might be covered.  Officers confirmed that they did their best to identify these, including monitoring social media, and would then make contact to establish the situation.

 

Members queried the inclusion of a single star rating for those with “Minor Failings” as this stated that they were not meeting minimum standards by definition.  Officers responded that this was used to provide support and limited time for businesses to improve and also allowed for the variations in place currently in the country which were now being standardised.  If the business failed to do this, or there were major concerns, then it would result in the revocation of their license.

 

RESOLVED that the Committee acknowledge the new arrangements for the licensing of animal based businesses.

 

(Action:  Assistant Chief Environmental Health Officer)

250.

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:

  • The Department for Transport has released an independent report in to “Taxi and private hire vehicle licensing: recommendations for a safer and more robust system”.  Key recommendations include that:
    • That the Government should legislate for national minimum standards to provide a more level playing field.
    • There should be clearer definitions of plying for hire vs pre-booking.
    • Allow a cap on the number of Hackney Carriage and Private Hire Vehicle licenses.
    • Better enforcement options, currently action has to be taken by the issuing authority.
    • Vehicles should start, or end, in their licensed authority area.
    • Possible use of CCTV by means of a “Panic Button” model.
    • Whether individuals are employed or self-employed should be considered to prevent low pay and exploitation.

The full report can be seen at: https://www.gov.uk/government/publications/taxi-and-private-hire-vehicle-licensing-recommendations-for-a-safer-and-more-robust-system

  • A Judicial Review has been launched on behalf of Hackney Carriage license holders in London in to the judge’s decision as to whether an app is “Plying for Hire”.

251.

Any other business which the Chair 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.

252.

Date of next meeting

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

·         11 December 2018

·         05 March 2019

·         25 June 2019

Minutes:

Noted that the next meeting of the Committee was scheduled to be held on 11 December 2018 at the Civic Offices, Elstree Way, Borehamwood, commencing at 10 am.

253.

Exclusion of the Public

Recommendation that under Section 100A(4) Local Government Act 1972, the public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Part I, Schedule 12A to the said Act:-

 

Part II Agenda Item

Paragraph in Schedule 12

13

Appointment of Inspectors under Animal Welfare Act 2006

1

 

Minutes:

Resolved that under Section 100A(4) Local Government Act 1972, the public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Part I, Schedule 12A to the said Act:-

 

Part II Agenda Item

Paragraph in Schedule 12

13

Appointment of Inspectors under Animal Welfare Act 2006

1

 

254.

Appointment of Inspectors under Animal Welfare Act 2006

That the Licensing Committee appoint two named Officers as qualified Inspectors under the Animal Welfare Act 2006 for the purposes of The Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018.

 

Minutes:

The ‘Changes to the Licensing Arrangements for Animal Based Businesses’ Report number LIC/18/05 from the Assistant Chief Environmental Health Officer refers to Qualified inspectors in section 5.

Confidential report LIC/18/06 detailed the names of the two Officers who were recommended for appointment.

 

RESOLVED that the two named officers in report LIC/18/06 be appointed as qualified Inspectors under the Animal Welfare Act 2006 for the purposes of The Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018.

 

(Action:  Assistant Chief Environmental Health Officer)