Agenda and draft minutes

Apologies for the meeting were received from Councillors G Hibbert and D Brocklehurst.

The minutes of the meeting held on 3 September 2024 were approved as a correct record and signed by the Chairman.

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.

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

The Chairman welcomed County Councillor Ged Mirfin who spoke in respect of item 8 – Expiry of Whalley Cumulative Impact Assessment, and item 8 – Pavement Licensing Policy.

Report of the Chief Executive enclosed

The Chief Executive submitted a report to determine the annual fees for hackney carriage, private hire, scrap metal and sex establishment licences.

The Head of Legal and Democratic Services outlined the relevant legislation which specifies the way the charge for certain licences must be calculated.  It was noted that the fees must be set at a level which does not exceed the costs of administering the licensing process. 

RESOLVED THAT COMMITTEE:

1.     Agree to set the fees for Hackney Carriage and Private Hire Licences for the year 2025/2026 as those set out in Appendix 1 of the report.

2.     Agree to set the fees for Scrap Metal Dealers Licences for the year 2025/2026 as those set out in Appendix 2 of the report.

3.     Agree to set the fees for Sex Establishment Licences for the year 2025/2026 as those set out in Appendix 3 of the report.

Report of the Chief Executive enclosed

The Chief Executive submitted a report asking Committee to consider and approve the Council’s Statement of Principles under the Gambling Act 2005 for 2025-2028.

The draft Statement of Principles had been approved at the Licensing Committee on 3 September 2024 and authorisation had been given to undertake a consultation exercise. 

The Council received one response to the consultation from the Lotteries Council, which led to a proposed amendment to the Statement relating to small society lotteries.

******RESOLVED THAT COMMITTEE:

Approve the Statement of Principles under the Gambling Act 2005 for 2025-2028 and recommend its adoption to Full Council.

The Chief Executive submitted a report informing Committee of the results of the Cumulative Impact Assessment informal survey.

At the Licensing Committee on 11 June 2024, Members agreed that enquiries would be made with the responsible authorities to assess whether there was sufficient evidence to support a Cumulative Impact Policy (CIA) for Whalley and to consult informally with licensees in Whalley, the Parish Council and community groups.

The Council’s Solicitor summarised the responses that had been received to the CIA Survey.  In light of some of the replies, he reminded Members of the purpose of the CIA, confirming that it is a tool relevant only to applications being made.  It does not act retrospectively.

Councillor K Horkin was granted permission to speak and spoke of his concerns.

In response, the Head of Legal and Democratic Services advised that if serious concerns are raised in relation to specific licensed premises, which impinge upon the licensing objectives, the appropriate course of action would be to seek a review of their licence.  Details were given of who can seek a review and what information would need to be provided.  Members were also reminded of the function of the Licensing Committee/Sub-Committees and their responsibilities whilst sitting on them. 

Councillor M Hindle was granted permission to speak and spoke of his support for the work that had already been undertaken by County Councillor G Mirfin.

There was wide ranging discussion as to problems faced in Whalley due to the night-time economy and regarding the scope of the CIA.  Suggestions were made for solutions to some of the associated issues and Officers took these on board.  It was also agreed that a licensing enforcement report would be submitted to Licensing Committee on a quarterly basis to keep Members up to date.

RESOLVED THAT COMMITTEE:

Authorise the Head of Legal and Democratic Services to seek and collate the evidence necessary to create an evidence base and to consult formally upon the proposed continuation of the cumulative impact assessment for Whalley and Painter Wood as required by the Licensing Act 2003, in respect of the area covered by map 2 in the report.

Report of the Chief Executive enclosed

The Chief Executive submitted a report seeking Committee’s approval of a policy for the issue of Pavement Licences pursuant to the Business and Planning Act 2020 (as amended), for conditions to be attached to such licences, and for appropriate fees to be set.

Members were advised of the background to the temporary pavement licensing regime, and it was noted that the Council had issued 7 such licences previously. Currently there were no premises with a Pavement Licence, but one business had expressed interest in seeking such a licence.

It was proposed that the fee for both applications and renewals should be set at £250 and an explanation of the costs incurred by officers engaged in processing the applications and attending at Sub-Committees was given to support this.

RESOLVED THAT COMMITTEE:

1.     Approve the draft Pavement Licensing Policy.

2.     Approve the scheme of delegation within the draft policy.

3.     Approve the proposed fee of £250 for new applications and for renewal of licences.

Minutes of the meeting dated 21 May 2024 enclosed

Members noted the minutes of the Event Safety Advisory Group meeting on 21 May 2024.

There are no items under this heading

There were no items under this heading.