Minutes for Licensing and Regulatory Committee meeting, Oct 26 2009, 6.30PM official page

Apologies were received from Councillors Hands; Gustafson; Roberts and Papworth.

Members and Officers are requested to give notice of any personal or prejudicial interest and the nature of that interest, relating to any item on the agenda in accordance with the relevant Code of Conduct.

No declarations of interest were received.

Minutes of the meeting held on 28 September 2009

RESOLVED:

That the Minutes of the meeting held on 29 September, 2009 be confirmed as a correct record.

Report of the Environmental Protection Director

The Committee considered the report of the Environmental Protection Director updating on the applications made under the Licensing Act, 2003 which he had determined.

The report indicated that Sefton’s Statement of Licensing Policy followed the recommended delegation of functions contained within the “Guidance issued under Section 182 of the Licensing Act 2003”; that in effect, this meant that where there were no relevant representations on an application for the grant of a premises licence or club premises certificate, or Police objections to an application for a personal licence, then these matters would be dealt with by Officers in order to speed matters through the system; and that the Guidance also recommended that, where powers had been delegated, the Committee would receive regular reports on decisions made so that they maintained an overview of the general licensing situation.

For the period 12 September 2009 to 9 October 2009 the Environmental Protection Director had received and determined 30 applications for premises licences, 10 applications for personal licences and 29 temporary event notices.

RESOLVED:

That the report and the fact that further update reports will be submitted, as necessary, be noted.

Report of the Environmental Protection Director

The Committee considered the report of the Environmental Protection Director, updating on the applications, made under the Gambling Act 2005, which he has determined.

The report indicated that Sefton’s Statement of Licensing Policy followed the recommended delegation of functions contained within the “Guidance issued under Section 25 of the Gambling Act 2005”; that in effect, this meant that where there were no relevant representations on an application for the grant of a premises licence or a permit then these matters would be dealt with by Officers in order to speed matters through the system; and that the Guidance also recommended that, where powers had been delegated, the Committee would receive regular reports on decisions made so that they maintained an overview of the general gambling situation.

For the period 12 September 2009 to 9 October 2009 the Environmental Protection Director had received and determined 1 application for gambling premises licence, 1 application for licensed premises automatic gaming and 1 application for club machine permits.

RESOLVED:

That the report and the fact that further update reports will be submitted, as necessary, be noted.

Report of the Environmental Protection Director

The Committee considered the report of the Environmental Protection Director outlining the similarities and differences regarding the Planning and Licensing regulatory regimes; and indicating that there was confusion when Planning and Licensing Regulatory Committees considered the same issue but would draw different conclusions; that this was due to both committees working under appropriate separate legislative frameworks and approached the issue from different perspectives; and that it was due to this fact, both committees would draw different conclusions.

Members asked a number of questions in relation to the report, particularly regarding the issue of landlordship, which where answered by representatives from the Environmental Protection and Planning Departments.

RESOLVED: That

(1)               the report and its content be noted;

(2)               the report be forwarded to the next Crosby Area Committee for its information.

Report of the Environmental Protection Director

Further to Minute No 42 of the Crosby Area Committee held on 9 September 2009, the Licensing and Regulatory Committee considered the report of the Environmental Protection Director that indicated whilst cumulative impact was not mentioned specifically in the Licensing Act 2003, statutory guidance issued by the Department for Culture, Media and Sport did indicate that licensing authorities could consider the potential cumulative impact on anti-social behaviour, littering and criminal damage etc due to a new licensed premises, subject to the introduction of a Special Policy within its Statement of Licensing Policy.  The impact of such a policy would create a “rebuttal presumption” when considering any new applications; however experience in areas where such policies had been introduced indicated that they were often subject to legal challenge from applicants affected.

The Crosby Area Community Safety Partnership had been requested to give the matter due consideration and a report outlining their findings would be submitted to a future meeting of the Licensing and Regulatory Committee for its consideration of a potential need for a Special Policy under the Licensing Act 2003.

Members asked a number of questions in relation to the report, which where answered by a representatives from the Environmental Protection Department.

RESOLVED: That

(1)               the report be noted; and

(2)               the report be forwarded to the next Crosby Area Committee for their information.

Report of the Environmental Protection Director

The Cabinet Member considered the report of the Environmental Protection Director advising of the “Safe and Secure Town Centre at Night Audit of Southport” (the Audit), a strategic intervention to assess the issues involved in alcohol-related violence and disorder in town centres at night; and indicating that a decision on this matter was required to obtain support from the Public Health Partnership for further town centre audits.

The report indicated that the Audit was carried out between April and June 2009 using a ‘toolkit’ that was broken down into 13 categories; and summarised the findings from each category relating to:

• partnership working
• data and information sharing
• licensed premises
• policing strategies
• capable guardians and street welfare
• CCTV
• lighting
• underage drinking
• transport
• offenders and victims
• visual cues in the town centre
• fast food outlets
• access routes for space allocation

The report concluded by recommending the action required to be taken to satisfy the minimum standard for a safe and secure town centre.

Attached as an annex to the report was a copy of the “Safety and Secure Town Centres at Night Toolkit”.

RESOLVED:  That:-

(1)       the report be noted;

(2)       the findings of the “Safe and Secure Town Centre at Night Audit of Southport” be noted and further work be encouraged towards areas of potential improvement in the areas outlined in the report;

(3)               the Public Health Partnership Alcohol Strategy Group and the Alcohol Related Crime Sub-Group be requested to consider the recommendations in the Audit report; and

(4)               the report be forwarded to the next appropriate Southport Area Committee for their information.

Report of the Environmental Protection Director

Further to Minute No. 68 of the meeting held on 21 April 2008, the Committee considered the report of the Environmental Protection Director on the outcome of ‘Operation Soft Drink: Phase 2 – Buy Booze, They Lose’ (the Operation), a strategic intervention tackling the incidence of underage alcohol related anti-social behaviour in Sefton that was commissioned by the Public Health Partnership Alcohol Strategy Group (PHPASG); and indicating that a decision on this matter was required to obtain endorsement for further similar interventions.

The report indicated that the Operation was designed to retain the strongest elements of the original Operation Soft Drink but extended both in terms of its duration and scope to provide support to a range of Local Strategic Partnership objectives; how the Operation was publicised; detailed the evaluation framework of the Operation; and the key outcomes from the separate strands of the Operation.

The report concluded that the Sefton Tracker Survey clearly demonstrated significant reductions in the negative perceptions of underage drinking, groups of teenagers hanging about the street and people being drunk or rowdy in public places; that whilst this positive trend could not singularly be attributed to the activity occurring during the Operation, the targeting of specific interventions directed to address these three perceptions within hotspot areas could be assumed to be a contributory factor in this recorded improvement.

RESOLVED:  That

(1)       the report on ‘Operation Soft Drink: Phase 2 – Buy Booze, They Lose’ be noted; and

(2)       the continued partnership work within the Public Health Partnership Alcohol Strategy Group and Alcohol-Related Crime Sub-Group for addressing the issues of underage alcohol purchase/consumption and alcohol-related nuisance, disorder and Anti-Social Behaviour be approved.

Report of the Environmental Protection Director

The Committee considered the report of the Environmental Protection Director on the alcohol survey (the Survey) of young people carried out by the Trading Standards North West (TSNW); and indicating that a decision on this matter was required to seek reconsideration of the alcohol sales enforcement strategy by the Public Health Partnership (PHP) in the light of the findings of the Survey.

The report indicated that in 2005 and 2007, TSNW commissioned Ci Research (Ci) to conduct a survey of young people and alcohol use; that the findings of these surveys were used to help inform a strategy for dealing with the sale of alcohol to young people who were underage; that in early 2009 TSNW commissioned Ci to conduct a similar survey to monitor any changes in behaviour and to provide further insight into the sale of alcohol and tobacco; and that the primary objective of the research was to identify how and where youngsters obtained alcohol in order to effectively plan intelligence led campaigns.

The report indicated that the report compiled by Ci was divided into six parts, namely sample profile, alcohol consumption, purchasing alcohol, general attitudes and behaviour, understanding of legislation and smoking behaviour; and analysed and commented on the survey outcomes.

The report concluded that the results demonstrated the need for continued investment in the underage enforcement programme operated by Trading Standards and the initiatives commissioned by the PHP Alcohol Related Crime Sub-Group; that the results also highlighted the worrying increase in supply of alcohol by over 18’s and parents/adults and the use of ‘fake’ identification; but however, this could also be interpreted as a measure of the success of current proactive enforcement practices.

A copy of the Survey was attached as an appendix to the report.

Members asked a number of questions in relation to the report, which where answered by a representatives from the Environmental Protection Department.

RESOLVED:

That

(1)       the report on the Sefton alcohol survey of young people, be noted;

(2)               the Public Health Partnership Alcohol Related Crime Sub Group be requested to reconsider its enforcement strategy in consideration of the findings of the research.

(3)               a further report outlining actions being undertaken by wider community groups, Social Services and Children’s Services to tackle the issue of underage drinking be brought to a future meeting of the Committee.

Report of the Environmental Protection Director

Further to Minute No 60 of the meeting held 31 March 2008, the Committee considered the report of the Environmental Protection Director on the “Yellow and Red Card” approach to Licensing Reviews, a proposed evaluation method to assess the impact of the Licensing Act (2003); a letter from the Minister of Sport regarding the proposal and indicating that a decision on this matter was required to obtain endorsement of a proposed response to the Minister.

The report indicated that, whilst available, a number of licensing authorities were reluctant to use enforcement powers under the Act to review problematic licenses and seek revocation were appropriate; and that in order to tackle this issue “a yellow and red card” approach was proposed.  The approach would require a review of problem premises leading to the imposition of tough but necessary and proportionate conditions, however the license holder’s failure to take remedial action would result in revocation of the premises’ licence.

The report also indicated that Sefton had to date not experienced reluctance to review problematic licenses or to appropriately and proportionately use its powers during the review process; that it had strong links between Licensing, Community Safety, Safer and Stronger Communities Partnership and Sefton’s Alcohol Harm Reduction Strategy Group; that Police Licensing Sergeant, Sergeant Cowell, was currently involved in sharing Sefton’s good practice through presentations at Home Office training events; that since the introduction of the Act there had been strong and consistent performance in reducing the harm associated with alcohol-related crime and disorder; and that summary reviews were widely publicised in the media.  The report concluded that the Authority was currently using the powers available under the Act robustly and proportionately and therefore the adoption of the “Red and Yellow Card” approach was not necessary at this time.

A copy of the proposed response to the Minister for Sport was attached as an Annex to the report.

RESOLVED: That

(1)               the report and its contents be noted; and

(2)               the proposed response contained in Annex 2 be endorsed.

Report of the Environmental Protection Director

Further to Minute No 44 of the meeting held on 19 January 2009, the Committee considered the report of the Environmental Protection Director on the specific provision as set out in Part 2 of the Policing and Crime Reduction Bill (“Sexual Offences and Sex Establishments”), Clause 25 (“Regulation of lap dancing and other sex encounter venues) and Schedule 3: (Lap dancing and other sex encounter venues), indicating that transitional provisions would bring the licensing of lap and pole dancing clubs and other similar venues under the licensing regime set out in the Local Government (Miscellaneous Provisions) Act 1982, currently used to regulate establishments such as sex shops and sex cinemas; and that a decision on the matter was required in order to respond to the consultation document published by the Home Office which was seeking the views of local authorities, existing operators, new operators, licensing practitioners, local residents, campaign groups, local businesses and the Police on the proposals regarding the transitional arrangeements.  The report also indicated that the consultation was not however seeking views on the decision to reclassify lap dancing clubs as sex establishments; and that the final date for submission of responses was 14 December 2009.

A copy of the consultation document was outlined in Annex 1 in conjunction with a proposed response as outlined in Annex 2 to the report.

RESOLVED: That

(1)               the report and its contents be noted; and

(2)               the proposed response contained in Annex 2 be endorsed.

Report of the Environmental Protection Director

Further to Minute No 35 of the meeting held 27 October 2008, the Committee considered the report of the Environmental Protection Director that outlined the progress of the Driver Training Programme; the progress of the project generally; and the steps taken to address the concerns raised by the existing trades’ representatives namely funding; Grandfather rights; training provisions; and quality/availability of training.

It was clarified that funding was available to training providers from a range of sources; that funding availability and training quality would be closely monitored; and that it was allowing drivers further job opportunities which would have not been possible without relevant training.

RESOLVED: That

(1)                           the report be noted;

(2)                           the Council’s aim of a 100% professionally qualified Hackney Carriage and Private Hire Driver base by October 2013 be confirmed; and

(3)                           the proposal that the project continue with the built-in safeguard that if funding does cease, then the matter will be referred back to the Committee for direction be approved.