Agenda and minutes

Informal Virtual Meeting, Licensing and Gambling Acts Committee - Wednesday, 17th November, 2021 10.00 am

Venue: A link to the meeting can be found on the front page of the agenda.. View directions

Contact: Elaine Tibble  01305 224202 Email: elaine.tibble@dorsetcouncil.gov.uk

Note: Informal Virtual Meeting 

Media

Items
No. Item

13.

Declarations of Interest

To disclose any pecuniary, other registerable or personal interest as set out in the adopted Code of Conduct. In making their disclosure councillors are asked to state the agenda item, the nature of the interest and any action they propose to take as part of their declaration.

 

If required, further advice should be sought from the Monitoring Officer in advance of the meeting.

 

Minutes:

Cllr Jon Andrews declared an interest in item 4 on the agenda.  He did not take part in the discussion or vote.

 

 

14.

Public Participation

To receive questions or statements on the business of the committee from town and parish councils and members of the public.

 

Public speaking has been suspended for virtual committee meetings during the Covid-19 crisis and public participation will be dealt with through written submissions only.

 

Members of the public who live, work or represent an organisation within the Dorset Council area, may submit up to two questions or a statement of up to a maximum of 450 words.  All submissions must be sent electronically to elaine.tibble@dorsetcouncil.gov.uk  by the deadline set out below.  When submitting a question please indicate who the question is for and include your name, address and contact details.  Questions and statements received in line with the council’s rules for public participation will be published as a supplement to the agenda.

Questions will be read out by an officer of the council and a response given by the appropriate officer at the meeting.  All questions, statements and responses will be published in full within the minutes of the meeting.  

 

The deadline for submission of the full text of a question or statement is 8.30am on Friday 12 November 2021.

 

Minutes:

There were no public questions or statements.

15.

Park Home Fees Policy pdf icon PDF 199 KB

To receive a report from The Housing Standards Service Manager.

Additional documents:

Minutes:

The Housing Standards Service Manager introduced the report and the policy setting out the fees that the Council would charge for a variety of licensing functions for park home sites including new site licences, annual site licences and amendments to existing licences.

 

The Council was required by law to adopt and publish a park home fees policy under the Mobile Homes Act 2013. The new policy replaced 3 former district and borough council’s policies and standardised how the fees were calculated and paid by sites for the services provided by the Council.

 

Additionally, The Mobile Homes (Requirement for Manager of Site to be Fit and Proper Person) (England) Regulations 2020 required the Council to have a published fees policy regarding registration to a Fit and Proper Person Register.

 

In summary the policy set fees for:- new sites, annual fees for existing sites, amendments to licences, lodging of park rules and applications for the fit and proper register.

Details of how fees were calculated were set out in the appendix to the document,

 

In response to committee questions The Housing Standards Service Manager advised that fit and proper person entailed DBS checks and set a range of issues that applicants needed to advise the council of.  For example, any past formal actions taken on sites, planning breaches or prosecution against enforcement notices.

 

Once passed the applicants would be added to register, if refused they would have the right of appeal.

 

The government had issued guidance on how fees should be calculated and required the council to review the fees on a three-yearly basis, the starting point being 1 April 2019 and would be reviewed next year.

 

Members were pleased to see the fit and proper person register within the policy

 

Proposed by Cllr Carole Jones, seconded by Cllr Derek Beer

 

On being put to the vote the Licensing Committee were minded to approve the recommendations within the report.

 

The Corporate Director for Housing confirmed that under his delegated authority the decision would be determined in line with the committee’s minded to decision.

 

Decision: Recommendation to Cabinet:

 

1. that Cabinet approves the adoption of the Park Home Fees Policy attached as Appendix 1 to this report.

2. that Cabinet delegates authority to the Corporate Director Housing and Community Safety in consultation with the Portfolio Holder Customer and Community Services to:

(a) Make minor amendments to the policy to comply with changes in legislation or to reflect increases or decreases in the cost of administering the functions described in the policy.

 

16.

Taxi Licensing Policy pdf icon PDF 256 KB

To receive a report from The Service Manager for Licensing & Community Safety Operations.

Additional documents:

Minutes:

The Service Manager for Licensing & Community Safety presented the report for a new Taxi Licence Policy.  The draft policy had been out to consultation for 12 weeks and received 64 responses, it had been considered by the Place and Overview Committee and was before the Licensing Committee for adoption and the agreement of an implementation date following consideration of the responses from the consultation and comments from the Place and Overview Committee.  The Dorset Disability Equality Forum had also given input to the policy.

 

After discussion with focus groups, looking at best practice and following the guidance and legislation, Licensing Officers had reviewed the four policies from predecessor councils and prepared the new draft.

 

The Service Manager for Licensing & Community Safety went through the proposed changes individually which were highlighted in red for reference.  He advised that, due to the amount of time required and work involved in getting garages approved for testing, setting up training courses, setting maximum tariffs, fees and charges, the proposed policy implementation date was 1 April 2022, however the Criminal Conviction Policy at Appendix G would come into effect on 1 December 2021.

 

A key aspect of the policy for Dorset Council was to invest in their drivers by looking to undertake it’s duty under the Equalities Act by encouraging training in a diverse range of disabilities, thus creating a rating system based on the completion of training courses over and above the mandatory safeguarding modules. These would be at cost to drivers and advertised on the Council’s web site.

 

There were changes in relation to vehicle inspections and safeguarding.  In relation to the zones the recommended option (c in the report) was to continue with the proposals contained within the draft policy and review the position in three years’ time when a new unmet demand survey would be required for the Weymouth & Portland zone. In response to a question on unmet demand the committee were advised that at the last survey there was no unmet demand other than for wheelchair accessible vehicles.  Because of hackney plate values it was felt prudent and fair to drivers to give notice and review the potential removal of the limit in three years’ time.

 

Policy proposals were to have a combined drivers licence but there may be occasions applicants don’t want a combined licence so would still be able to specify either private hire or hackney carriage licences.

 

Officers would have discussions with the trade in regard to maximum tariffs as part of a separate consultation exercise.

 

There was some discussion on advertising and members were keen that there should not be any inappropriate advertising on vehicles.  Members were cautioned not to impose advertising restrictions that could be open to legal challenge, but additional wording to say “inappropriate advertising such as gambling, adult entertainment, smoking and alcohol, was strongly discouraged” could be added to the policy.  This would also be kept under review.

Any applications refused for advertising not in line with these guidelines could be  ...  view the full minutes text for item 16.

17.

Urgent items

To consider any items of business which the Chairman has had prior notification and considers to be urgent pursuant to section 100B (4) b) of the Local Government Act 1972. The reason for the urgency shall be recorded in the minutes.

 

Minutes:

There were no urgent items.

 

18.

Exempt Business

To move the exclusion of the press and the public for the following item in view of the likely disclosure of exempt information within the meaning of paragraph 3 of schedule 12 A to the Local Government Act 1972 (as amended).

The public and the press will be asked to leave the meeting whilst the item of business is considered.

Minutes:

Decision

 

There was no exempt business.