Agenda and minutes

Licensing Committee - Thursday, 17th September, 2020 10.00 am

Venue: Virtual Skype Meeting

Contact: Jill Holyoake - Democratic Services  Email: jill.holyoake@bcpcouncil.gov.uk

Media

Items
No. Item

1.

Election of Chairman

Councillors are asked to elect a chairman of the Licensing Committee for the 2020/2021 Municipal Year.

Minutes:

RESOLVED that Cllr J J Butt be elected Chairman of the Licensing Committee for the 2020/2021 Municipal Year.

 

Voting: Unanimous

 

The outgoing Chairman, Cllr D Flagg, thanked Committee members and officers for their support over the last 16 months and for responding well to the challenges of virtual meetings during this period. In particular he thanked Cllr D Kelsey for his support on various sub committees. He wished the new Chairman well in the role.

 

2.

Election of Vice Chairman

Councillors are asked to elect a vice chairman of the Licensing Committee for the 2020/21 Municipal Year.

Minutes:

RESOLVED that Cllr J Bagwell be elected Vice Chairman of the Licensing Committee for the 2020/2021 Municipal Year.

 

Voting: Unanimous

 

The new Chairman, Cllr J J Butt, and members of the Committee thanked Cllr D Flagg and Cllr G Farquhar for their work as Chairman and Vice Chairman over the last 16 months.

 

3.

Apologies

To receive any apologies for absence from Councillors.

Minutes:

There were no apologies for this meeting.

 

4.

Substitute Members

To receive information on any changes in the membership of the Committee.

 

Note – When a member of a Committee is unable to attend a meeting of a Committee or Sub-Committee, the relevant Political Group Leader (or their nominated representative) may, by notice to the Monitoring Officer (or their nominated representative) prior to the meeting, appoint a substitute member from within the same Political Group. The contact details on the front of this agenda should be used for notifications.

 

Minutes:

There were no substitute members for this meeting.

 

5.

Declarations of Interests

Councillors are requested to declare any interests on items included in this agenda. Please refer to the workflow on the preceding page for guidance.

Declarations received will be reported at the meeting.

Minutes:

There were no declarations of interest on agenda items considered at this meeting.

 

6.

Confirmation of Minutes pdf icon PDF 209 KB

To confirm and sign as a correct record the minutes of the Licensing Committee held on 4 March 2020, and the minutes of the Licensing Sub Committees held on  24 February, 3 and 17 March, 14 and 28 April, 4 and 20 May, 16 June, 8 and 21 July, and 12 and 19 August 2020.

Additional documents:

Minutes:

RESOLVED that the minutes of the Licensing Committee held on 4 March 2020, and the minutes of the Licensing Sub Committees held on  24 February, 3 and 17 March, 14 and 28 April, 4 and 20 May, 16 June, 8 and 21 July, and 12 and 19 August 2020, be confirmed as a correct record, subject to the following addition:

 

Licensing Sub Committee, 14 April 2020 – Minute 123 – Cllr B Dunlop asked that her vote against the resolution be recorded in the minutes of the meeting.

 

7.

Public Issues pdf icon PDF 45 KB

To receive any public questions, statements or petitions submitted in accordance with the Constitution. Further information on the requirements for submitting these is available to view at the following link:-

https://democracy.bcpcouncil.gov.uk/ieListMeetings.aspx?CommitteeID=151&Info=1&bcr=1

 

The deadline for the submission of public questions is Thursday 10 September 2020.

The deadline for the submission of a statement is 12.00 noon, Wednesday 16 September 2020.

The deadline for the submission of a petition was Wednesday 2 September 2020.

Minutes:

The Chairman reported that two public statements had been received in relation to the draft hackney carriage and private hire policies from Mr David Lane and Mr Calvin Dade, both representing Poole Taxi Association. These statements had been published on the Council’s website and a link circulated to all Committee members. The statements would be referenced further when considering the relevant agenda items.

 

8.

Licensing Act 2003 - Review of Statement of Licensing Policy (SOLP) pdf icon PDF 140 KB

This is the first Statement of Licensing Policy for BCP Council since the establishment, on the 1st April 2019 of a single local government area for the now dissolved boroughs of Bournemouth, Christchurch and Poole.

 

Following 2 consultation periods, agreed by members of the Licensing Committee and undertaken in accordance with Section 5 of the Licensing Act 2003, the Licensing Committee on behalf of the Licensing Authority must now consider all responses received in respect of the proposed Statement of Licensing Policy and either decide to include them or exclude them and provide reasons for their decision.

Additional documents:

Minutes:

The Licensing Manager presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'A' to these Minutes in the Minute Book.

 

It was noted that this was the first Statement of Licensing Policy for BCP Council since the establishment, on the 1st April 2019 of a single local government area for the now dissolved boroughs of Bournemouth, Christchurch and Poole. Consultation on the proposed SOLP had been undertaken in accordance with Section 5 of the Licensing Act 2003 and agreed by Members of the Licensing Committee. The Licensing Manager explained that due to significant feedback and proposed amendments following public consultation on Version 5 of the SOLP, a further six week consultation on Version 6 had taken place. The Licensing Committee on behalf of the Licensing Authority was now required to consider the final draft of the SOLP (Version 7, attached at Appendix 1 of the report) and all responses received (listed in Appendix 2 of the report), and decide whether to include or exclude the responses and provide reasons for its decision.

 

The Committee confirmed its agreement with the action already taken by officers as indicated against the consultation responses listed in Appendix 2.

 

The Chairman explained that the Committee would now consider the following responses which were highlighted in the document for discussion and decision:

 

Paragraph number

Respondent

Summary of Comments

Committee Decision

Reason

6.6

Roger Brewer, Upton Country Park

Perhaps helpful to confirm that Council premise licence is for 4999 capacity, does not include alcohol and is only available subject to agreement and conditions. Larger events required to apply for own premise licence - past examples have included Starlight ‘Dance in the Park’ hosted at Upton Country Park in 2019 which attracted an audience of over 7k.

 

Exclude

Amendment unnecessary as already have provision under BCP Council licence and 6.6 applies across BCP. Works well as it is. Could be onerous on individuals and licensing team.

7.3

Sandra Graham,

Trethowans LLP

 

Effectively repetition of 1.2

Exclude

Helpful to restate timescales in different section of document, for clarity

8.3/8.4

As above

Combine wording with 8.7 as so similar, in order to be succinct

Exclude

Helpful to retain wording as is, for clarity

8.8

As above

Repeat of 1.4

Exclude

Retain, as helpful to restate licensable activities in different section for clarity

Section

9

Martyn Underhill,

Dorset Police and Crime Commissioner

Concerned that changes appear to advocate lighter touch than previously and removes  previous BBC Cumulative Impact Special Policy that was kept under regular review.
New proposal states that BCP Council may produce Cumulative Impact Assessment Policy. Given issues and hotspot areas that already exist I would expect to see such a Policy produced and continue to be kept under regular review.

 

Exclude

No substantial evidence received from any of the Responsible Authorities following the Licensing Authority’s ‘call for evidence’ to support the designation of a cumulative impact zone in BCP Council area. V6 was amended to  ...  view the full minutes text for item 8.

9.

Consideration of draft Taxi and Private Hire Policies for BCP Council for public consultation pdf icon PDF 221 KB

These are the first Draft Taxi and Private Hire Policies for BCP Council since the establishment, on the 1st April 2019 of a single local government area for the now dissolved boroughs of Bournemouth, Christchurch and Poole.

 

Additional documents:

Minutes:

The Licensing Manager presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'B' to these Minutes in the Minute Book.

 

The Committee was advised that these were the first draft hackney carriage and private hire policies for BCP Council since the establishment, on the 1 April 2019 of a single local government area for the now dissolved boroughs of Bournemouth, Christchurch and Poole. For ease of reference the overall policy had been split into three documents covering the Drivers Policy, Vehicle Policy and Operators Policy, circulated as appendices to the report. Each policy was intended to apply to all drivers, vehicles and operators in each of the three current controlled zones.

 

The Licensing Manager explained that the draft policies had been developed with the support of a Member Working Group appointed by the Licensing Committee, comprising Councillors Butt, Farquhar, Flagg, Johnson and Kelsey. The Committee was grateful to the Working Group and supporting officers for their input. Workshops had also taken place with representatives of the taxi trade for the BCP Council area and their input included in the draft policies. The Committee was asked to consider the draft policies, amend them as necessary and agree them for public consultation.

 

The Chairman explained the process for considering each policy in turn and asked the Committee to focus on the main issues for discussion and decision. Any typographical points would be addressed by officers prior to the documents being released for public consultation.

 

Draft Hackney Carriage and Private Hire Driver Policy (Appendix 1):

 

The Committee discussed the policy and agreed the following actions:

 

Section 14 Driver Dress Code:

 

·       14.9 Amend to read ‘Headwear such a baseball caps is not permitted except in religious or medical circumstances’, as the Committee was mindful that there were certain circumstances where an exception should apply. The Committee asked that its suggested additional wording in italics be agreed in consultation with Council’s Equality and Diversity Officer.

 

Appendix A - How to Apply:

 

·       DBS Online Application Instructions: The Committee asked the Licensing Manager to report back to its December meeting to confirm that the application process on the BCP Council website requires the completion of Yes/No field and the completion of a declaration which includes reference to it being a criminal offence under the Theft Act 1968 to gain financially by deception.

 

·       Application Process: Agree to amend to BCP as indicated

 

·       Knowledge Test: Agree to additions as indicated

 

·       Child Sexual Exploitation and Human Trafficking Awareness Training: Agree that training should be delivered in person at the point of application and renewal for all drivers, to ensure training is robust and up to date. The Committee discussed options for how the training should be delivered and agreed to refer this matter to the Children’s Services O&S Committee for input, with a report back in time for the December Licensing Committee

 

·       Data Matching:  Agree to include NAFA data statement as well

 

Appendix B – Conditions  ...  view the full minutes text for item 9.