Agenda and draft minutes

There are no minutes available to be signed at this meeting.

There were no minutes available to be signed at this meeting.

To receive any apologies for absence.

There were no apologies for absence.

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(i)            must disclose the interest at the start of the meeting or when the interest becomes apparent

and, if the interest is a disclosable pecuniary interest, or a personal interest which is also prejudicial

(ii)            may not participate in any discussion or vote on the matter (and must withdraw to the public seating area) unless they have been granted a dispensation.

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Disclosable pecuniary interests, personal and prejudicial interests are defined in Part 2 of the Code of Conduct for Members

[If a member is in any doubt as to whether they have an interest which should be declared they should seek the advice of the Monitoring Officer before the start of the meeting]

There were no declarations of interest.

An opportunity for members of the public to make statements and ask questions in accordance with the rules on Public Participation.

There was no public participation.

R Hill advised the report followed on from the meeting in September where it was agreed they would begin consultation on the draft Licensing Enforcement Policy and Sex Establishment Licensing Policy. He said they had now carried out the consultation and had received minimal responses back. He explained they had made a couple of changes in light of the responses; one was an omission on his part and one was a legislation change from the Group Manager of Resident Services. As there were no significant changes he recommended that the committee adopt the policies for a five year period as detailed in the agenda. 

The Chairman referred to page 13, paragraph 1.19c and queried if we had any establishments in the same place. R Hill advised there was a sexual entertainment venue on the A5 near Flamsted, and a sex shop in Apsley. He explained they had exercised those powers the paragraph had referred to as there were areas that they would consider to be unsuitable; the Old Town High Street, Berkhamsted and Tring. The Chairman asked what the view would be if a second application was made for within Apsley as an example. R Hill advised the application would be considered on its own merits by the sub-committee.

Councillor Mrs Bassadone recalled an application being made to the sub-committee for a sexual entertainment licence in the Old Town and asked if it had got off the ground. R Hill advised that the application was granted but he didn’t believe it was being used for sexual entertainment purposes. He said they were able to have up to 11 sexual entertainment events per year before applying for a licence.

Resolved:

1.    That the Licensing and Health and Safety Enforcement Committee adopt the document at Annex A as the Council’s Sex Establishment Licensing Policy for a 5-year period from the 23 February 2017.

2.  That the Licensing and Health and Safety Enforcement Committee adopt the document at Annex B as the Council’s Licensing Enforcement Policy for a 5-year period from the 14 December 2016.

R Hill advised he had made structural changes to the fees and charges due to a European Court Judgement that had been ongoing for several years but was now finalised and concluded. He advised that the Legal team have confirmed they were happy that the fees and charges complied with the European Court Judgement.

Councillor Taylor highlighted that the committee had spent lots of time preparing a camping licence but he couldn’t see it included within the fees and charges report. R Hill advised that camp site licences weren’t dealt with by his department and it fell under the remit of Environmental Health. He said the fees and charges within this document were only the ones that his team dealt with and had responsibility for.

Councillor Whitman referred to the European Court Judgement and queried what effect leaving the EU would have on this. R Hill advised that the Judgement had full and immediate effect and the European Courts were a completely different treaty and wasn’t part of the EU. Councillor Whitman asked if we would still be bound by the Judgement when we’ve left the EU. R Hill advised they were only looking at the next financial year for these fees and charges.

Resolved:

1. In pursuance of the fee-setting powers conferred upon the Council as

specified in Annex A of this report, that the Licensing, Health & Safety and

Enforcement Committee set as the fees and charges payable by applicants in

connection with applications and other processes for licences, registrations

and permits the fees and charges as set out in Annex B, for the period from 1^stApril 2017 to 31st March 2018.

2. That authority to consider any objections arising from statutory notices

pertaining to these fees be delegated to the Solicitor to the Council in

consultation with the Chairman of the Licensing, Health & Safety and

Enforcement Committee.