Agenda and minutes

Apologies for absence were submitted on behalf of Councillors B Deering and P Ruffles.

The Chairman advised that there would be a full day of training for the Licensing Committee on Friday 3 June 2016.

To confirm the Minutes of the meeting of the Committee held on Thursday 19 November 2015 (Previously circulated as part of the Council Minute book for 16 December 2015).

RESOLVED – that the Minutes of the meeting held on 19 November 2015 be approved as a correct record and signed by the Chairman.

To receive the Minutes of meetings of the Licensing Sub–Committee held on:

30 November 2015

21 January 2016

2 March 2016.

RESOLVED – that the Minutes of the Licensing Sub–Committee meetings held on 30 November 2015, 21 January and 2 March 2016, be received.

The Chief Executive submitted a report presenting Members with details of the Home Office guidance on licensing late night refreshment.  The report invited Members to consider the new powers to exempt premises from the requirement to be licensed.

The Senior Specialist Licensing Officer explained that the Authority would have the power to make late night refreshment an exemption under certain circumstances.  He emphasised that this would not include premises that operated as takeaways.

Members were advised that a consultation on the licensing policy would commence soon and Officers could include an exemption or Members could decide that there would be no exemptions in East Herts.  The Senior Specialist Licensing Officer detailed the types of premises that could be exempt under the licensing policy.

In response to a number of queries from Members, the Officer advised that there was no real harm or benefit to an exemption when considering the impact on the four licensing objectives.  He advised that the change in legislation appeared to be attempting to solve a problem that did not exist.

Councillor T Page was given clarification regarding planning and licensing legislation where a planning application and an application under the licensing act covered the opening hours of licensed premises in East Herts.  The Senior Special Licensing Officer explained that neither set of legislation took precedence.  He advised that it would be for planning enforcement to enforce an earlier hour of closure than that permitted under the Licensing Act.

Members received the report and resolved that there would be no exemption to the requirement for premises to be licensed for the supply of late night refreshment.

RESOLVED – that (A) the report be received; and

(B)   there would be no exemption to the requirement for premises to be licensed for the supply of late night refreshment.

The Head of Community Safety and Health Services submitted a report providing an update on processing licences, enforcement activity and the implementation of the Service Plan for Quarter 4 of 2015.

The Licensing Enforcement and Community Safety Manager advised that, due to the closure of an old computer system and the introduction of a new system, data on processing and enforcement and the involvement of the Licensing Sub–Committee was very limited on this occasion.

Members were provided with an example of the type of data analysis that was possible with the new system.  The Manager explained that no actual East Herts data had been used to produce the premises graph.

Members were advised that there had not been a large number of complaints and those that had been received related to noise which had been addressed by Environmental Health.  The Manager advised that a number of taxi drivers had been interviewed by Officers and had been sent letters regarding their conduct.

Members were advised that a joint night time operation involving Licensing Officers and Hertfordshire Constabulary had been arranged for Saturday 19 March 2016 aimed at addressing parking concerns Officers had been made aware of regarding taxi drivers in Ware and Herford.

Councillor G Cutting commented that a Saturday night was not perhaps the best night to address the issue of taxi drivers parking on double yellow lines and pavements as a majority of taxi drivers would be out earning.  He stated that a Tuesday night would have been better as it would have been less busy.

The Committee received the report.

RESOLVED – that the report be received.

The Executive Member for Environment and the Public Space submitted a report detailing Members’ attendance at Licensing Sub–Committees including those attending as observers.

Councillor C Woodward commented that he had attended the licensing training at the start of the civic year and not the taxi licensing training held on 4 December 2015.  The Committee received the report.

RESOLVED – that the report be received.