Agenda and minutes

Licensing Committee
Wednesday 1st September 2021 6.00 pm

Venue: Council Chamber - Civic Suite. View directions

Contact: David Acton  Email:  dacton@solihull.gov.uk

Items
No. Item

1.

Apologies for Absence

Minutes:

Councillor Ben Groom tended his apologies.

2.

Declarations of Interest

To receive declarations of Members disclosable pecuniary interests and conflicts of interest.

Minutes:

There were no declarations of disclosable pecuniary interest or conflicts of interest from Members.

3.

Questions and Deputations

Minutes:

No questions or deputations received.

4.

Gambling Act 2005 - Statement of Principles pdf icon PDF 174 KB

To seek approval to conduct a consultation in relation to the Gambling Act 2005 Statement of Principles (“the Statement”), which must be published every three years.

Additional documents:

Minutes:

Members were advised that under the Gambling Act 2005, the Council is required to review and publish its Statement at least once every three years. The Statement sets out the approach the Council will take when exercising its functions under the Act.

 

No changes were proposed to the Statement, apart from an update to statistics and data when available. However, the Licensing Authority has a duty to consult to ensure that the Statement remains current.

 

Consultees views and suggestions for amendment would be sought over a ten weeks period between 2 September – 11 November 2021.

 

RESOLVED

Members agreed to the consultation being undertaken in preparation for a final draft to be considered by Licensing Committee on 22 November 2021. The decision to adopt the Statement will then be considered by Full Council.

5.

Mobile Home Sites pdf icon PDF 178 KB

To inform he Licensing Committee of the requirement to implement a Fit and Proper test to Mobile Home Site Managers.

Additional documents:

Minutes:

Members were informed that there was a requirement to implement a Fit and Proper test to mobile home site owners or persons appointed to manage the site. The regulations apply to all relevant protected sites other than non-commercial family occupied sites.

 

Solihull has seventeen licensed sites which are residential parks but no holiday or mixed use parks. The intention is to write to all licence holders and invite them either to apply, or to declare that their site will be exempt from the regulations. Site managers/owners will commit a criminal offence should they not apply to be added to the register of fit and proper persons before 1 October 2021.

 

The Council has no process in place for transferring a site licence and, therefore, proposes that requests of these type are made in writing and a fee considered at a later date.

 

RESOLVE

Members agreed to:-

1.  Approve the fit and proper policy in relation to the assessment of site managers;

2.  Receive a further report, when policy data and documentation is in place, regarding implementation of an application fee; and

3.  Requests for the transfer of a Mobile Home Site Licence to be made in writing.

6.

Pavement Licences pdf icon PDF 170 KB

To consider changes to the temporary Pavement Licence regime under the Business and Planning Act 2020.

Minutes:

Members were advised that the Business and Planning Act came into effect on 22 July 2020, and introduced a temporary pavement licensing regime designed to support businesses to operate safely whilst social distancing measures were in place during the Covid-19 pandemic.

Pavement licences were initially only in force until 30 September 2021, before the Secretary of State, on 20 July 2021, extended the pavement licensing provisions by way of an amendment to existing regulations until 30 September 2022, at which point it would be proposed they would cease.

There was no automatic renewal for licence holders and those that wished to benefit from the extension to the regime must submit an electronic application the fee for which was set at the regime maximum of £100.

In relation to the application process, Members were asked to consider a proposal that for existing licence holders applying for the extended period without changes, it would be pragmatic and sufficient for them to submit an updated application form together with valid liability insurance and excluding the need to submit plans of the premises and highway, and photographs of furniture to be used, to conduct the consultation and determine the application by email.

A number of business representatives had enquired whether, in line with national guidance, the local conditions could be modified to state that a minimum of 1.5metres of clear pedestrian passageway be maintained rather than 2metres.

 

RESOLVED

Members agreed to:-

1.  A streamlined application process for existing licence holders;

2.  A reduced fee of £50 in respect of the streamlined applications; and

3.  A change in the local conditions to reflect national guidance subject to officer discretion.