Agenda and minutes

To receive any apologies for absence from Councillors.

Apologies for absence were received from Cllrs Dower, Filer and Richardson.

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.

There were no substitute members.

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.

There were no declarations of interest.

To confirm and sign as a correct record the minutes of the Licensing Committee on 27 June 2023 and the minutes of the Licensing Sub Committees on 7 and 22 June and 30 August 2023.

Note: The full exempt version of the minutes of the Sub Committee held on 30 August 2023 are also appended as a restricted document. At this meeting the Sub Committee resolved to exclude the press and public for the reasons specified in the minutes.

The minutes of the Licensing Committee on 27 June 2023 and the minutes of the Licensing Sub-Committees on 7 and 22 June and 30 August 2023 were confirmed as a correct record and signed by the Chairman.

To receive any public questions, statements or petitions submitted in accordance with the Constitution, which 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 a public question is midday 3 clear working days before the meeting.

The deadline for the submission of a public statement is midday the working day before the meeting.

The deadline for the submission of a petition is 10 working days before the meeting.

There were no public issues received for this meeting.

At the Licensing Committee on 27 June members requested an update on the review of the arrangements for the pavement licensing.

The Business and Planning Act (BPA) 2022 was introduced to streamline the process used to authorise the placement of tables and chairs on the highway. This temporary arrangement reduced consultation times from 28 days to 7 days and capped the fee payable.

The arrangements under the BPA were due to end on 30 September 2023.

On 14 August 2023 the Business and Planning Act 2020 (Pavement Licensing) (Coronavirus) (Amendment) Regulations 2023 came into force which extended the provisions until 30 September 2024.

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. Members received an update on Central Government’s review of arrangements for pavement licensing.

The Licensing Manager advised that the Business and Planning Act (BPA) 2022 was introduced to streamline the process used to authorise the placement of tables and chairs on the highway. This temporary arrangement reduced consultation times from 28 days to 7 days and capped the fee payable. The arrangements under the BPA were due to end on 30 September 2023, however, on 14 August 2023 the Business and Planning Act 2020 (Pavement Licensing) (Coronavirus) (Amendment) Regulations 2023 came into force which extended the provisions until 30 September 2024.

The Licensing Manager highlighted that where a pavement licence was granted, clear access routes on the highway would need to be maintained, considering the needs of all users, including disabled people and the granting of a pavement licence only permitted the placing of furniture on the highway.

The Committee discussed various concerns around licensed premises using pavements, which included broken glass and the restriction of pavement usage for pedestrians. The Licensing Manger advised that if the Licensing Team was made aware of any issues, these would be addressed with the premises concerned. The Committee was advised that pavement obstructions should be reported to the Highways Team who would investigate.

The Committee felt that there should be a mechanism in place for the public to easily report pavement obstructions to BCP Council using a portal on the BCP Website. The Legal Advisor advised that she would raise this with the Head of Highways to see how this could be actioned.

RESOLVED that

      I.         the Report be noted; and

    II.         the Legal Advisor contact the Head of Highways regardinga suitable method for the public to report pavement obstructions on the BCP website.

A concern was raised at the Licensing Committee meeting on 27 June 2023 about a perceived lack of action around theft of alcohol from licensed premises.

Any issues relating to licenced premises where it has been identified they may be undermining the licensing objectives are dealt with in partnership with Dorset Police and other relevant responsible authorities. Work includes regular multi-agency meetings with all relevant officers.

In cases where informal action does not resolve an issue, anyone, but particularly the Police, will seek to review the premises licence.

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 Licensing Manger advised that a concern was raised at the Licensing Committee meeting on 27June 2023 about a perceived lack of action around theft of alcohol from licensed premises. Any issues relating to licenced premises where it has been identified they may be undermining the licensing objectives were dealt with in partnership with Dorset Police and other relevant responsible authorities. Work included regular multi agency meetings with relevant officers. In cases where informal action did not resolve an issue, anyone, but particularly the Police, would seek to review the premises licence.

The Committee was advised that the cost-of-living crisis had seen an increase in shoplifting in general, it was not limited to the theft of alcohol from licensed premises. Licensing officers worked with premises to add on conditions to help alleviate shoplifting e.g., a requirement to keep all alcohol behind locked doors.

The Committee thanked the Licensing Manger for providing an informative update. The Committee was pleased that multi agency work was taking place and  that licensing was a tool that could be used to help address some of the issues surrounding shoplifting.

Resolved that the Report be noted.

To consider, update as required and agree the Committee’s Forward Plan.

The Committee considered the latest version of its Forward Plan, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'C' to these Minutes in the Minute Book.

The Licensing Manager gave the following updates in response to issues raised by the Committee:

• Review of Pricing Mechanism for Licensed Vehicles – It was noted that this item was likely to be brought before the Committee in March 2024. Legislation stated that hackney carriage meter fares could be considered on a regular basis, however, there had been no increase in 2023.  It was anticipated that the trade would approach the Council next spring to evidence an increase for an increase in fares.
• Update on Provision and Position of Taxi Ranks  - A response was still required from the Director of Infrastructure.
• Pleasure Boat Policy – The draft policy would be brought before the  Licensing Committee on 7 December for consideration, ahead of public consultation after the Christmas and New Year period.
• Review of Statement of Licensing Policy – This needed to be ready for 2025 and would need to be ratified by full Council.
• Review of Hackney Carriage and Private Hire Driver, Vehicle and Operator Policies -  The review needed to commence as early as possible as it could be contentious. Various areas of improvements had been identified and it was anticipated that the taxi trade would be involved in the review process.
• Review of Statement of Licensing Principles – Gambling Act 2005 – The Gambling Commission was updating its guidance in January 2024. However, it was also issuing new guidance in September, so the Council’s policy may need to be reviewed again in September 2024 to ensure compliancy. All Local Authorities would be in the same position.

The Chair advised that several Working Parties were required to oversee the review of the policies described on the Forward Plan and asked volunteers to contact the Licensing Manager if they would like to be involved. The Licensing Manager advised that each working party required the participation of 3 or 4 members of the Licensing Committee

RESOLVED that the Forward Plan be updated as agreed.