Agenda and draft minutes

Licensing - Tuesday, 12th April, 2022 6.30 pm

Venue: Council Chamber

Contact: Olwen Heap 01200 414408  Email: olwen.heap@ribblevalley.gov.uk

Items
No. Item

822.

Apologies for absence

Minutes:

Apologies for the meeting were received from Councillors D O’Rourke and S O’Rourke.

 

823.

To approve the minutes of the previous meeting pdf icon PDF 197 KB

Minutes:

The minutes of the meeting held on 1 February 2022 were approved as a correct record and signed by the Chairman.

 

824.

Declarations of disclosable pecuniary, other registrable and non registrable interests

Members are reminded of their responsibility to declare any disclosable pecuniary, other registrable or non-registrable interest in respect of matters contained in the agenda.

 

Minutes:

There were no declarations of disclosable pecuniary, other registrable or non-registrable interests.

 

 

 

825.

Public participation

Minutes:

The Chairman welcomed Mr Wedgeworth from Whalley who spoke in favour of agenda item 5 – Whalley Cumulative Impact Assessment. Mr Wedgeworth also expressed concerns over anti-social behaviour in Whalley.

 

826.

Whalley Cumulative Impact Assessment - consideration of consultation responses and recommendation to Council pdf icon PDF 129 KB

Report of Chief Executive enclosed.

Additional documents:

Minutes:

The Chief Executive submitted a report detailing the responses received to the Council’s consultation about renewal of the Cumulative Impact Assessment (CIA) for Whalley, and seeking Committee support for progressing the CIA.

 

This matter was considered by committee on three previous occasions resulting in the decision on 1st February 2022 to use the draft CIA as the basis for formal consultation.

 

Consultation was carried out for a 6 week period closing on 17 March 2022, a copy of which could be found in the report. None of those consulted required any modification to the CIA as drafted. Members were therefore requested to consider recommending renewal of the CIA for inclusion within the Council’s Licensing Policy, based on the draft and report which had been considered on 1st February 2022.

 

The solicitor reminded committee that the CIA only applied where representations had been made in the event of an application for a new licence or for variation of an existing licence.

 

There was some discussion around anti-social behaviour in the village but it was acknowledged that this was a police matter.

 

Councillors Hindle and Mirfin were given permission to speak on this item.

 

***RESOLVED THAT COMMITTEE:

 

Recommend to Council that the CIA, as detailed in the report, be approved to form part of the Council’s Statement of Licensing Policy. The CIA was valid for a period of up to 3 years, and the Licensing Policy from 2021-2026.

 

 

827.

Alcohol Licensing Update pdf icon PDF 90 KB

Report of Chief Executive enclosed.

Minutes:

The Chief Executive submitted a report informing Committee of the current position in relation to changes in the law which had been introduced on a temporary basis due to the pandemic, and informing committee of a consultation for relaxation of licensing hours to celebrate the Queen’s Platinum Jubilee.

 

Members were reminded that the Government introduced a number of changes to legislation affecting licensed premises and other hospitality venues in response to the impact on them caused by restrictions, and to assist such venues in resuming trade in as safe a manner as possible. A number of those changes were temporary and approaching key dates.

 

The Government had also carried out a consultation on whether on-licensed premises should be allowed to remain open until 1am for the sale of alcohol and/or the provision of regulated entertainment between on Thursday, 2, Friday, 3, and Saturday 1 June 2022 which would reflect the introduction of the extra Bank Holiday for the Queen’s Platinum Jubilee on Friday 3 June 2022.  The solicitor informed committee that this had been agreed by Government and would be brought into force by statutory instrument.

 

Committee were informed that, as matters stood, previously granted pavement licences would not be allowed to continue beyond 30 September 2022. The Government had consulted on whether such licences could be made permanent. The consultation had closed on 11 February and the Government response hadn’t yet been received.

 

Committee were also informed that 30 September 2022 marked the end of the temporary off-sales permissions granted by the Business and Planning Act 2020. Operators who had relied on the temporary permission and wished to continue with delivery or click and collect services or similar, would need to consider submitting a variation application to the Council by the summer to be able to continue to provide this offer to customers

 

Committee were also informed that the increased availability of Temporary Event Notices would conclude at the end of 2023..

 

 

 

828.

Taxi Licensing update pdf icon PDF 132 KB

Report of Chief Executive enclosed.

Additional documents:

Minutes:

The Chief Executive submitted a report informing committee of recent developments in relation to the licensing of Hackney Carriages and Private Hire Vehicles.

 

Members were reminded that the Department for Transport had published Statutory Taxi and Private Hire Vehicle Standards in July 2020, and that the department had now commenced consultation to update best practice guidance.

 

The Department for Transport were carrying out a consultation on the introduction of updated guidance, which was open from 28 March 2022 to 20 June 2022 to include the issues set out in the report.

 

It was planned that a further report would be brought to the next Committee on the proposed response by the Council.

 

Furthermore, HM Revenue and Customs had introduced a requirement for licensing authorities to confirm a tax check had been completed by applicants renewing taxi, private hire and scrap metal licences.

 

Committee were also informed of the Parliamentary progress of the Taxis and Private Hire Vehicles (Safeguarding and Road Safety) Act and the Taxis and Private Hire Vehicles (Disabled Persons) Bill.

 

 

829.

Update on Whalley Night Time Economy pdf icon PDF 156 KB

Report of Chief Executive enclosed.

Additional documents:

Minutes:

The Chief Executive submitted a report informing committee of issues reported by residents of Whalley and actions which might be taken to address those issues, and to explain the Council’s role as a responsible authority.

 

Committee were informed that the village of Whalley had a history of a busy night-time economy. Since the Licensing Act 2003 came into force premises have had the ability to close later than previously more tightly regulated hours. A number of new premises had also opened, some of which had applied for permission to open until early morning.

 

The mix of residential and commercial premises gave rise to tension and complaints, particular regarding noise. Where reports had been received with regard to noise from premises, the Council’s Environmental health staff had engaged with those premises. A number of premises had conditions on the licence requiring them to request customers to leave quietly and/or to have door staff and/or to implement a dispersal policy.

 

Residents had also complained about Anti-Social behaviour. However, a significant amount of this occurs wells away from licensed premises, and away from the control of the door staff.

 

The police had not reported any issues with the conduct of licensed premises following unannounced visits to premises, regularly accompanied by the Council’s licensing enforcement staff and occasionally by drug sniffer dogs.

 

Committee were informed of the Council’s role as a responsible authority.

 

Further information was given regarding the ability of responsible authorities and interested parties (including residents) to apply for a review of a premises licence, as well as the controls that could be introduced under an Early Morning Restriction Order, and the possible financial support available to address the cost of alcohol related crime where a late Night Levy was introduced.

 

Members were informed that there had been recent co-operation between licensed premises, and that most of the relevant licence holders had attended regular meetings involving the police and licensing enforcement staff. The police and licensing enforcement had not recently received complaints regarding the behaviour of people passing between premises. It was noted that consideration could be given to encouraging licence holders to invest at their own cost, in a scheme or initiative, such as Best Bar None or LicensingSavi (Security and Vulnerability Initiative).The position remained fluid, with officers continuing to monitor, respond and advise and act where appropriate.

 

Councillor Mirfin was given permission to speak on this item.

 

 

 

 

830.

Minutes of RV Event Safety Advisory Group - 3 February 2022 pdf icon PDF 138 KB

Copy enclosed.

Minutes:

The minutes of the Ribble Valley Event Safety Advisory group meeting held on 3 February 2022 were submitted for information.

 

831.

Reports from representatives on outside bodies

None.

Minutes:

There were no reports from representatives on outside bodies.

 

832.

Exclusion of Press and Public

None.

Minutes:

There were no items under this heading.