Meeting Details

On the proposition of Councillor Robinson, seconded by Councillor Hedgley it was by a unanimous vote

RESOLVED

 That the minutes of the meeting held on 15 April 2024 be agreed as a correct record and signed by the Chair. 

The Committee received report ES/2036 of the Cabinet Member with responsibility for Community Health which related to the Pavement Licensing Regime which had recently been made permanent by the Levelling Up and Regeneration Act 2023.   Councillor Candy told the Committee that recent guidance had been issued enabling the licensing authority to support local businesses and enable a thriving economy by appropriately granting pavement licenses to allow businesses selling food and drink to use outside space for seating and serving areas.  The pavement licence would be granted by the licensing authority and allows the license holder to place removable furniture over the public highway, usually pavements adjacent to their premises.  It was proposed that the licenses would last for 2 years to ensure that the administrative burden on the business and licensing authority was proportionate.  The licenses would be fixed at a cost recovery basis of £250 for an original application and £200 for a renewal, this was less than the £500 and £350 that the licensing authority was entitled to charge, East Suffolk Council recognised that SME’S were vital for a thriving economy and have therefore kept the costs to a minimum.  Councillor Candy told the Committee that decisions regarding a pavement licence needed to be made within 14 days, and at the end of the 14-day consultation period it was not considered practical to arrange a Licensing Sub-Committee.  Therefore, it was recommended that any opposed licence would be delegated to the Licensing Manager and Housing Lead Lawyer in consultation with the Chair of Licensing to make the decision, this would ensure decisions were made as quickly as possible whilst maintaining the democratic oversight that an elected member brings.

The Chair invited question from the Committee.

In response to Councillor Jepson regarding the duration of licenses, the Licensing Manager and Housing Lead Lawyer confirmed that the maximum licence period set out in the legislation was 2 years.

Councillor Fisher noted that the number of licences quoted didn’t seem very large and questioned if there were premises that were operating with outside tables and chairs that had never been licensed?  The Licensing Manager and Housing Lead Lawyer confirmed that if it was on the premises own land, they did not need a licence, only if it was on a highway, adding they could check whether a premises held a licence and, if necessary, enforcement action could be taken.

There being no further questions or debate, on the proposition of Councillor Patience, seconded by Councillor Robinson, it was unanimously

RESOLVED

That the Licensing Committee:

1. Notes the Government’s introduction of permanent legislation and revised guidance for supporting local businesses in relation to the granting of Pavement Licences to enable businesses selling food and drink to better utilise outside space for seating/serving areas.
2. Considers and approves the proposal to charge a fee for new and renewal applications.
3. Approves the proposed fee of £250 for new and £200 for renewal applications.
4. Delegates the responsibility for granting licences, attaching conditions, serving notices and revoking licences to Licensing Manager and Housing Lead Lawyer.
5. Approves the process for applications that receive objections to enable the Licensing Manager in consultation with the Chair of Licensing Committee to determine the application.

The Committee received report ES/2037 of the Cabinet Member with responsibility for Community Health which related to the amendments to the Statement of Licensing Policy and the Hackney Carriage and Private Hire Licensing Policy.

Councillor Candy outlined the following amendments:

1. Refunds – following a recent internal audit the licensing authority were aware of the need to specify the circumstances in which a refund would be given, and following consideration it has been determined that refunds would only be given in exceptional circumstances.
   
   
2. First-Aid kits. It is a legal requirement for Hackney Carriage and Private Hire vehicles to carry a first aid kit for their own use. Following a consultation with the Council’s Health and safety team, it was proposed that the legal position was put in the policy.
   
   
3. Certificate of Good Conduct. Any applicant for a Hackney Carriage or Private Hire Licence, who has lived abroad over the age of 18 is required to provide a Certificate of Good Conduct for the period that they have lived abroad. Some countries, for example, Iran, Iraq and Syria, do not provide Certificates of Good Conduct meaning that applicants who otherwise give no cause for concern are having to go before the Sub-Committee for determination of their application. This is not an efficient use of Officer or Member time and also results in delay for the applicant. It is proposed that if the applicant has been out of the country for less than 5 years and subsequently been in the UK for 10 years or more without any concerns as to their conduct, the Licensing Manager and Housing Lead Lawyer in consultation with the Chair of Licensing Committee will make the decision, this will ensure efficient use of Council resources whilst maintaining the Democratic oversight. Councillor Candy noted that the Licensing Manager and Housing Lead Lawyer along with the Chair of the Licensing Committee were not obliged to make the determination, and should either party consider it appropriate, they would be able to refer the applicant to the Sub-Committee for determination.
   
   
4. Mechanical Tests for temporary vehicles. The temporary vehicle licence is available for a one-month period while a permanent licensed vehicle may be off the road following an accident or major repair.A temporary vehicle is not currently required to undertake the Council’s mechanical test (over and above the MOT standard).Most temporary vehicles were from a rental company and new or nearly new, however there had been a recent occasion where a driver took out a temporary vehicle licence and then decided to take out the full licence for that vehicle, and on taking the Council’s full mechanical test the vehicle failed, the vehicle was 5 years old. The Licensing Authority is mindful of protecting the travelling public whilst keeping the cost and administrative burden to the trade to a minimum, therefore it was proposed that any temporary vehicle less than 3 years old would not be required to go through the Council’s mechanical test and any temporary vehicle more than 3 years old would require it.
   
   
5. Speeding Offences. The current wording regarding minor offences is slightly confusing with regard to enforcement because it does not take account of the driver awareness courses. An amended paragraph is therefore proposed to clarify the policy to make it clear that offences which do not result in court action but instead require a driver awareness course for the purpose of the Licensing Authority be included. This is to ensure that the public can be protected.

There being no questions, the Chair invited the Committee to debate the recommendations.

Councillor Robinson noted the logical and straight forward changes and did not see any issues with the amendments, providing they were not punishing the trade or making it difficult for them to carry out their business.  Councillor Candy agreed, noting they were following the guidance of the Scrutiny Committee and trying to ease the economy on by behaving in a receptive and professional manner.

There being no further debate, on the proposition of Councillor Robinson, seconded by Councillor Hedgley, it was unanimously

RESOLVED

That the Licensing Committee:

1. Approve the proposed amendments to the Statement of Licensing Policy with regard to refunds.
2. Approve the amendments to the Hackney Carriage and Private Hire Licensing Policy with regard to:

1. First aid kits in licensed vehicles
2. Decision making process regarding applicants who are unable to provide a Certificate of Good Conduct from a country they have lived in as an adult.
3. Mechanical tests for temporary vehicles
4. Speeding offences

The Committee received report ES/2039 of the Cabinet Member with responsibility for Community Health, which provided an overview of the issued Licences and work of the Licensing Sub-Committee during the period April to June 2024. The report was introduced by Councillor Candy and was taken as read. 

The Chair invited question to the Committee.

In response to Councillor Robinson, the Licensing Manager and Housing Lead Lawyer confirmed the number of appeals that were outstanding with magistrates, noting the confidential nature of the cases. 

It was by a general assent

RESOLVED

That the Committee:

Notes the overview of some of the work of the Licensing Team and the Licensing Sub-Committees during the second quarter of 2024.