Agenda item

The Head of Housing and Health submitted a report updating Members in relation to statistics on processing licences, enforcement activity and implementation of the Service Plan for Quarters 1 and 2 of the 2017/18 financial year.  The Service Manager (Licensing and Enforcement) provided a summary of the report and referred to Essential Reference Papers ‘B’ and ‘C’ regarding licensing data for the relevant period.

The Service Manager referred in particular, to the revocation of taxi drivers’ licences and a successful appeal against a revocation.  He also reported that Officers had recently been informed that they had been successful in seeking to have a decision judicially reviewed.

Members were provided with a detailed breakdown of the licensing activity in both quarter 1 and quarter 2.  The Service Manager advised that in August 2017, the Shared Internal Audit Service (SIAS) had audited the arrangements for making decisions under the Council’s Convictions Policy.  SIAS had reported that full assurance could be provided that there were effective controls in operation for the elements of the risk management processes that were covered by the review.

The Head of Housing and Health advised that Officers would draft a position statement regarding licensing decision making related to Licensed Premises.  This would form part of the Council’s Statement of Licensing Policy.  Members were advised of the matters that would be captured within the position statement including details of relevant stakeholders and details of reasonable expectations of the licensing process.

The position statement would include the expectations of responsible authorities, notably, how they could make representations so as to ensure that decisions were transparent, evidence-based and robust.  Officers were also reviewing any policies which had not be reviewed over the last 18 months including, amongst others, gambling and the distribution of free literature.  This would culminate in revised policies coming to Licensing Committee for consideration prior to being submitted to Council.  It was anticipated that this work would be completed by the end of March 2018.

The Committee Chairman commented on the law governing evidence submitted at Licensing Sub-Committee hearings.  The Head of Housing and Health emphasised that decision making had to be evidence based and decisions were open to challenge.  The position statement would also set out that there had to be evidence for enforcement action.

The Committee Chairman commented on the situation where an interested party could negotiate with Officers right up to the start of a Licensing Sub-Committee hearing whereas local residents were excluded from this part of the process.  The Head of Housing and Health noted that if the public raised concerns during the consultation period, Officers and others, such as the police, could negotiate to deal with any concerns right up to the point of decision.  Councillor P Ballam emphasised that the public needed to become more inclined to complain to and engage with Officers where there were problems with a licensed premises.

Councillor T Page commented on online gambling and the damage that could be caused by fixed odds betting.  The Service Manager commented that this was being monitored by betting establishments in consultation with the Gambling Commission.

Councillor T Page commented on charity street collectors calling on residents.  The Service Manager referred to a list of charities that carried out such activities.  The Committee Chairman referred to a national scheme of resident organised no cold call zones coordinated by neighbourhood watch organisers.  No cold calls to residential properties were permitted and residents could report cold calling to the police 101 number.

The Committee received the report.

RESOLVED – that the report be received.