Agenda and minutes

To receive any apologies and details of any substitutions.

Apologies were received from Councillors Jeans and Ridout.  Councillor Peter Evans was substituting for Councillor Ridout.

To confirm and sign the minutes of the meeting held on 13 March 2017 (copy attached).

The Minutes of the meeting held on 13 March 2017 were presented to the Committee.

Resolved:

That the minutes of the meeting held on 13 March 2017 be approved and signed as a correct record.

As this was the first meeting since the elections in May 2017, the Chairman welcomed all Members of the Licensing Committee and thanked all previous Members of the Committee for the work and for attending the Licensing Sub Committee hearings.  He introduced Charlotte May (Litigation Team Leader) who was observing the meeting.

To receive any declarations of disclosable interests or dispensations granted by the Standards Committee.

There were no declarations of interest.

The Council welcomes contributions from members of the public.

Statements

If you would like to make a statement at this meeting on any item on this agenda, please register to do so at least 10 minutes prior to the meeting. Up to 3 speakers are permitted to speak for up to 3 minutes each on any agenda item. Please contact the officer named on the front of the agenda for any further clarification.

Questions

To receive any questions from members of the public or members of the Council received in accordance with the constitution.

Those wishing to ask questions are required to give notice of any such questions in writing to the officer named on the front of this agenda no later than 5pm on Monday 4 December 2017 in order to be guaranteed of a written response. In order to receive a verbal response questions must be submitted no later than 5pm on Wednesday 6 December. Please contact the officer named on the front of this agenda for further advice. Questions may be asked without notice if the Chairman decides that the matter is urgent.

Details of any questions received will be circulated to Committee members prior to the meeting and made available at the meeting and on the Council’s website.

No questions had been submitted from the public prior to the meeting and there were no members of the public present at the meeting.

To receive and sign the minutes of the following Licensing Sub Committees:

Eastern Area

01/08/17        Application for a Variation of a Premises Licence

The Greyhound, High Street, Bromham, Chippenham

                            Northern Area

31/05/17         Application for a Variation of a Premises Licence

                        Tesco, Unit 5a Hathaway Retail Park, Foundry Lane,                                                 Chippenham

Southern Area

20/06/17         Application for a Premises Licence

                        Snack Van, Lay-by off Packway, Larkhill, Amesbury

Western Area

15/08/17         Application for a Premises Licence

                        Four Seasons Coffee Shop, 3 Market Street, Trowbridge

Eastern Area

01/08/17       Application for a Variation of a Premises Licence

The Greyhound, High Street, Bromham, Chippenham

                            Northern Area

31/05/17       Application for a Variation of a Premises Licence

                     Tesco, Unit 5a Hathaway Retail Park, Foundry Lane,                                          Chippenham

Southern Area

20/06/17       Application for a Premises Licence

                     Snack Van, Lay-by off Packway, Larkhill, Amesbury

Western Area

15/08/17       Application for a Premises Licence

                     Four Seasons Coffee Shop, 3 Market Street, Trowbridge

Resolved:

That the minutes of the meetings detailed above be approved and signed as correct records.

The attached report of Danial Farr (Compliance Officer) seeks to inform the Committee of the commencement of Sections 165 and 167 of the Equality Act 2010 which came into force on 6 April 2017. These sections impact on the Council’s hackney carriage and private hire licencing regime. 

Ian Brown (Head of Environment Services) referred to the report circulated with the Agenda which informed members of the commencement of Sections 165 and 167 of the Equality Act 2010 which came into force on 6 April 2017.  These sections impact on the Council’s hackney carriage and private hire driver and vehicle licensing regime.  Ian highlighted the following:

·       Although there is no obligation for Council’s to create and maintain a list of designated vehicles for disabled users, the Government strongly recommend that local authorities do this as there is a risk of challenge if it does so without good reason;

·       The powers under the Act are more robust and would allow us to convict and fine anyone who breaches the duties under Section 165 and have consideration as to whether they remain a fit and proper person to hold a taxi or private hire driver licence.  Any appeals for a revocation of licence are heard by the Magistrates Court; 

·       Under Section 167 the requirement would be for the Council to have a list of all designated vehicles that is made available on the Council’s website to assist travellers in making informed travel choices when looking to find wheelchair accessible vehicles in Wiltshire; and

·       Feedback from the trade on the proposals had been mostly positive.  Larger firms currently need to provide 1 wheelchair accessible vehicle in 10 and the Council try to encourage more than 1 in 10.

Committee members raised the following:

Q        If someone refuses to carry a passenger without reasonable excuse would you issue them with penalty points and then go on to consider if they were fit and proper person to retain their licence?

A        Yes if drivers refused to carry passengers, penalty points would be issued and if these totted up it would be likely that their licence would be revoked.

Q        Would the Committee get to see the amended guidance for approval?

A        The guidelines are currently under review and would be amended in line with the DfT recommendations and brought to a future Licensing Committee for approval.

Q        How do we intend to communicate with groups of wheelchair users?  I would like to see the Council doing engagement with user groups – Perhaps once the list is prepared it could be highlighted at Area Boards with a list being circulated and shared within Chairman’s announcements.

A        Yes, we can prepare details for Area Boards.

Q        Could we ensure that all vehicles clearly display that they are wheelchair accessible – perhaps with a sticker or logo being displayed?

A        Yes this can be arranged.

The Committee all agreed that they would like for these changes to be communicated to all relevant groups and the Area Boards as discussed. It was then:

Resolved:

That the Licensing Committee:

1)    Agree the implementation of the powers available to the Council in Sections 165 and 167 of the Equalities Act 2010 and their addition to  ...  view the full minutes text for item 17.

Tom Ward (Public Health Specialist - Community Safety and Substance Misuse) will provide a verbal update to the Committee on Public Spaces Protection Orders.

Tom Ward (Public Health Specialist – Community Safety and Substance Misuse) provided a verbal update to the Committee on Public Spaces Protection Orders (PSPO’s).  He highlighted the following:

·       There are currently 7 PSPO’s in place in Wiltshire – Calne, Chippenham, Devizes, Durrington, Malmesbury, Trowbridge and Warminster with Salisbury shortly to be made;

·       The team would be working with the 8 town and city councils to work on signage for each area that was relevant for their location.  The proposed signage is attached as Appendix 1 to these Minutes. It was hoped that the Town Councils would share the costs of the new signs;

·       The Orders gave Police the powers to ask people to stop drinking within the designated areas; and

·       Once the new signage was in place this would be communicated to the Area Boards so that this information could be passed on.

Resolved:

That the update on Public Spaces Protection Orders be noted.

Linda Holland (Licensing Manager) has prepared the attached update for the Committee which informs about the work of the Licensing Team.

The Committee were referred to the update on the Licensing Service which had been prepared by Linda Holland (Licensing Manager).  Linda highlighted the following:

·         Prevention of harm is a key element when planning an event and much more focus this year had been on military/terrorist threats – how this could be dealt with is built into the planning process;

·         The number of licensing applications received is up on last year – these had been for cafes expanding to add alcohol to their licences.  More applications for TENS were also received and this process is now smoother as the applications can be completed online through the GOV.UK website;

·         Following concern that a number of Town and Parish Councils were unsure on which grounds they could support or object to an application we updated the guidance notes on making a representation and the link to this is sent on the email when they are notified of applications.  We also had to firmly advise that the 28 day consultation deadline is fixed and cannot be extended to fit in with Parish Council meetings;

·         The Licensing team had undertaken inspections of all betting shops over the last few months.  The Council’s Statement of Gambling Policy was due for renewal by January 2019 and a report would be prepared for the March 2018 meeting of the Committee to outline the consultation requirements and members involvement in the process;

·         A briefing paper on the work of the ESAG group would be prepared for the March meeting of the Committee:

·         Since the beginning of 2016, Wiltshire Council has seen an increase in Animal Boarding licences and Licensing have taken the opportunity to review the fees and charges to reflect this growth also to include dual licensing of some properties.  In October 2018, there will be new regulations coming into effect that aim to modernise the current licensing and welfare regime for four different animal licences. Licensing officers will work with the holders of the effected licences to help with their understanding regarding any impact the changes may impose.  

·         In relation to the suspension of licences (currently 27 in long term suspension), Members asked for a list of those to check if any were in their area and if they had any local knowledge that may assist with contacting any licence holders.

Members asked for an updated list of Council and Wiltshire Police Licensing Officers to be circulated so that they knew who to contact with any queries.  Linda Holland agreed to forward this to Lisa Pullin for circulation.

A Member requested an update on environmental enforcement actions within Waste & Environment:

It was reported that there had been two successful prosecutions – one for carrying out waste disposal without a licence for which a £1,000 fine was awarded. Another was a joint investigation with the Environment Agency which uncovered environmental offences and resulted in an award to pay back £2 million under proceeds of crime legislation.

Members wished to express their thanks to all Officers for their hard  ...  view the full minutes text for item 19.

Members are asked to note the future meetings of the Licensing Committee, all to commence at 10.30am:

Monday 12 March 2018

Monday 4 June 2018

Monday 3 September 2018

Monday 3 December 2018.

Members noted the dates of future meetings of the Licensing Committee as detailed below, all to start at 10.30am:

12 March 2018

4 June 2018

3 September 2018

3 December 2018.

There were no urgent items.