Agenda, decisions and draft minutes

Licensing Committee - Monday 16 December 2013 5.00 pm

Venue: Bodicote House, Bodicote, Banbury, Oxfordshire OX15 4AA

Contact: Dave Parry, Democratic and Elections Email: dave.parry@cherwellandsouthnorthants.gov.uk, 01327 322365

Items
No.	Item
9.	Declarations of Interest Members are asked to declare any interests and the nature of that interest which they may have in any of the items under consideration at this meeting. Minutes: There were no declarations of interest.
10.	Petitions and Requests to Address the Meeting The Chairman to report on any requests to submit petitions or to address the meeting. Minutes: There were no petitions or requests to address the meeting.
11.	Urgent Business The Chairman to advise whether they have agreed to any item of urgent business being admitted to the agenda. Minutes: There was no urgent business.
12.	Minutes PDF 26 KB To confirm as a correct record the Minutes of the meeting of the Committee held on 21 October, 2013. Minutes: The Minutes of the meeting of the Committee held on 21 October 2013 were agreed as a correct record and signed by the Chairman.
13.	Minutes of meeting Thursday 11 April 2013 of Licensing Sub Committee PDF 83 KB To note the minutes of the Licensing Sub Committee meeting held on 11 April 2013. Minutes: Resolved That the Minutes of the meeting of the Licensing Sub-Committee held on 11 April 2013 be noted.
14.	Licensing Act 2003 PDF 40 KB View the background to item 14. View the decision for item 14. Report of the Head of Community Services. Purpose of Report The development and adoption of the Statement of Licensing Policy is a statutory requirement under the Licensing Act 2003. The function of approving the Statement and the subsequent reviews of it are the responsibility of the Licensing Committee in accordance with Cherwell District Councils Constitution and Scheme of Delegation. The current Statement was approved by Full Council for a period of three years on 9 December 2010. The publication date of the Statement of Licensing Policy was 5 January 2011. The report now seeks final approval of the Statement of Licensing Policy. Recommendations The Meeting is recommended: 1.1 To consider the proposed alterations on the draft statement of licensing policy and decide whether any draft policies should be altered, omitted or others included. 1.2 To authorise the Head of Community Services in consultation with the Chairman of the Licensing Committee, to make any minor alterations to the policy should the publication of regulations make expressed policies inconsistent with the regulations (NB – this would only apply up to the point of publication on Monday 6 January 2014, thereafter any alterations would be subject to full consultation in accordance with the Licensing Act 2003). Additional documents: Appendix 1 , item 14. PDF 416 KB Decision: Resolved (1) That the proposed alterations on the draft statement of licensing policy be agreed. (2) That the Head of Community Services, in consultation with the Chairman of the Licensing Committee, be authorised to make any minor alterations to the policy should the publication of regulations make expressed policies inconsistent with the regulations (NB – this would only apply up to the point of publication on Monday 6 January 2014, thereafter any alterations would be subject to full consultation in accordance with the Licensing Act 2003). Minutes: The Committee considered a report of the Head of Community Services which, following a consultation exercise, sought final approval in respect of an amended Statement of Licensing Policy. Resolved (1) That the proposed alterations on the draft statement of licensing policy be agreed. (2) That the Head of Community Services, in consultation with the Chairman of the Licensing Committee, be authorised to make any minor alterations to the policy should the publication of regulations make expressed policies inconsistent with the regulations (NB – this would only apply up to the point of publication on Monday 6 January 2014, thereafter any alterations would be subject to full consultation in accordance with the Licensing Act 2003).
15.	Animal Licensing Policy PDF 51 KB View the background to item 15. View the decision for item 15. Report of Head of Community Services. Purpose of report Cherwell District Council is responsible for the control and regulation of certain animals and animal establishments through a statutory licensing regime. The report seeks approval for the adoption of an Animal Licencing Policy and Animal Licensing Conditions set out within the policy, which will be applied by authorised enforcing officers when determining applications requiring an animal licence. Recommendations The meeting is recommended: 1.1 To adopt the proposed policy setting out the Council’s approach to governing the operation of Animal Licenced Establishments as set out at Appendix 1, to be adhered to when determining all applications for such premises. 1.2 To approved the proposed conditions within the attached policy governing the operation of Animal Licenced Establishments and that they attached to all licences issued by the Council. 1.3 To authorise the Head of Community Services in consultation with the Chairman of the Licensing Committee, to set and make any minor alterations to the setting of fees and conditions in relation to the processing of applications for Licenced Animal Establishments. 1.4 To agree that the finalised policy be published on 6 January 2014. Additional documents: Appendix 1 , item 15. PDF 240 KB Decision: Resolved (1) That the proposed policy setting out the Council’s approach to governing the operation of Animal Licenced Establishments (annex to the Minutes as set out in the Minute Book), to be adhered to when determining all applications for such premises be adopted. (2) That the proposed conditions within the policy governing the operation of Animal Licenced Establishments be approved and that they be attached to all licences issued by the Council. (3) That the Head of Community Services in consultation with the Chairman of the Licensing Committee, be authorised to set and make any minor alterations to the setting of fees and conditions in relation to the processing of applications for Licenced Animal Establishments. (4) That it be noted the finalised policy would be published on 6 January 2014. Minutes: The Committee considered a report of the Head of Community Services proposing the adoption of an Animal Licensing Policy, and Animal Licensing Conditions set out within the policy, which would be applied by authorised enforcing officers when determining applications. In response to Members’ concerns regarding who took responsibility for travelling circuses, the Technical Officer advised that direct responsibility lay with Trading Standards. However, the Council also had powers under the Animal welfare Act enabling it to take action if an issue arose. Resolved (1) That the proposed policy setting out the Council’s approach to governing the operation of Animal Licenced Establishments (annex to the Minutes as set out in the Minute Book), to be adhered to when determining all applications for such premises be adopted. (2) That the proposed conditions within the policy governing the operation of Animal Licenced Establishments be approved and that they be attached to all licences issued by the Council. (3) That the Head of Community Services in consultation with the Chairman of the Licensing Committee, be authorised to set and make any minor alterations to the setting of fees and conditions in relation to the processing of applications for Licenced Animal Establishments. (4) That it be noted the finalised policy would be published on 6 January 2014.
16.	Proposed Stand for Hackney Carriages PDF 35 KB View the background to item 16. View the decision for item 16. Report of the Head of Community Services Purpose of Report The new development in Pioneer Square, Bicester, incorporated provision for a stand for Hackney Carriages to assist in the provision of public transport within the town. In order for this stand to be effective, the Licensing Authority has undertaken consultation, and the report seeks approval from the Licensing Committee to formally adopt the stand. Recommendations The Meeting is recommended: 1.1 To consider the responses submitted during the consultation period and approve the adoption of the new stand. 1.2 To authorise the Head of Community Services to arrange for the relevant signage to be put in place for the stand to become effective Additional documents: Appendix 1 , item 16. PDF 60 KB Appendix 2 , item 16. PDF 103 KB Decision: Resolved (1) That the adoption of the new Hackney Carriages stand in Pioneer Square, Bicester be approved. (2) That the Head of Community Services be authorised to arrange for the relevant signage to be put in place for the stand to become effective. Minutes: The Committee considered a report of the Head of Community Services which, following a consultation exercise, and in order to assist in the provision of public transport within the town, sought approval to formally adopt a Hackney Carriage stand within the new development in Pioneer Square, Bicester. The Licensing Team Leader confirmed there had been no responses to the public consultation, and the Police had verbally advised they had no objections. Resolved (1) That the adoption of the new Hackney Carriages stand in Pioneer Square, Bicester be approved. (2) That the Head of Community Services be authorised to arrange for the relevant signage to be put in place for the stand to become effective.
17.	Licensing Department Updates PDF 31 KB Report of Head of Community Services. Purpose of report The report advises the Licensing Committee of current and future developments within the Licensing Department Recommendation The meeting is recommended: 1.1 To note the report. Decision: Resolved (1) That the report be noted. Minutes: The Committee considered a report of the Head of Community Services advising on a proposed consultation exercise regarding potential changes to the Council’s Licensing Policy, and a proposal to produce a consolidated Street Trading Policy. Resolved (1) That the report be noted.