Agenda and minutes

Apologies were received from Councillors Judy Kelly, Lynne Allen and Jazz Dhillon.

No interests were declared by Members present.

Members agreed the minutes of the last Licensing Committee meeting and requested circulation of the letter by the Chairman to HM Revenue & Customs with proposals to strengthen the Alcohol Wholesaler Registration Scheme.

Officers will present to Members an overview of legislation along

with the Council's powers and responsibilities over such matters.

Handouts will be provided at the meeting.

Technical officers from a range of regulatory service areas provided a joint presentation to Members on how the Council responds to effects arising from the growth and use of Shisha Bars and Lounges across the Borough.

Members and officers discussed:

·         Smoke free legislation and fines, along with the new trend in vaping;

·         Enforcement regulations around areas where outside smoking is permitted in terms of temporary structures used;

·         Unannounced visits by officers to ensure proper trading of products on offer and the age of patrons attending, e.g. test purchases;

·         The health impact of smoking shisha from pipes;

·         Recent prosecutions undertaken and;

·         Successful recent joint operations between Council teams on particular premises.

Members requested that officers:

1.    Investigate whether planning delegations could be strengthened regarding permissions for Shisha Bars;

2.    Test purchases could be considered a such premises;

3.    That the Residents' & Environmental Services Policy Overview Committee be informed that this matter could provide a useful topic to review in due course.

The Committee thanked officers present for their efforts to-date in this regard.

The Head of Planning and Enforcement updated Members on how Council planning policies seek effective control over the use of shops for betting and gambling purposes. Members of the Committee welcomed the update and noted the over-concentration of such establishments in the Hayes area. Following discussion, Members requested officers provide them with relevant maps indicating individual betting shops in the Borough and also highlighting their intensity in town centre / ward areas.

The Committee considered updating the Hearing Protocol for Street Trading matters that come before a Licensing Sub-Committee, following the revised Street Trading and Markets Policies approved by Cabinet in December 2015. It was agreed that, subject to Cabinet Member being made aware, the protocol be issued for relevant public and trader consultation, before coming back to the Committee for adoption.

RESOLVED:

1.    That the Licensing Committee considers the proposed Street Trading Hearing Protocol;

2.    That, subject to any changes required by the Licensing Committee, the Regulatory Services Manager be authorised to begin a 28 day consultation on the introduction of a new hearing protocol for Street Trading applications.

3.    That whilst a delegated function of the Committee, the portfolio Cabinet Member for Finance, Property and Business Services be informed prior to the consultation taking place by Regulatory Services.

The Committee received information on the checklist for Councillors in the Local Government Association, Councillor Handbook on gambling regulation and the Council's progress in meeting the requirements set out.

RESOLVED:

That the Licensing Committee notes Hillingdon's position in respect of the checklist.

Members were given an update on key activity within Regulatory Services, in particular to better understand trends and gain a useful overview of licensing activity.

RESOLVED:

That the Committee note the information.

An update on recent legislative developments was given by officers, including:

1.    The Legislative Reform (Exempt Lotteries) Order 2016, where Members sought further clarification from officers after the meeting on whether small voluntary organisations like PTAs, would remain exempt from being licensed for school fundraising activities.

2.    The Policing and Crime Bill, where it was noted that the definition of alcohol could be changed to ensure that powdered alcohol and vaporised alcohol fell within the definition, along with amendments to the summary review process which could allow licensing authorities to keep interim steps in place between the review hearing and the outcome of any appeal. Furthermore, Members were informed that should the Bill be passed, licensing authorities could have the power to revoke or suspend a personal licence when someone was convicted of a relevant offence.

3.    The new Home Office Crime Prevention Strategy, which focussed on alcohol as a driver of crime and making the night time economy safer, with the launch of new round of Local Alcohol Action Areas and new proposals for Licensing Authorities to consider licence conditions on a group of premises so as to address problems in a certain area. 

RESOLVED:

That the Committee note the update.

RESOLVED:

That the Committee note the Forward Planner.

Relevant Members of the Committee agreed minutes of previous licensing sub-committee hearings as a correct record and the Committee then ratified the minutes of the meetings.

RESOLVED:

A:        That the Committee note the decisions of the Licensing Sub-Committees since the last Licensing Committee meeting and;

B:        That the Committee, and Members present at the following Sub-Committees, approve the minutes as a correct record:

a)    16 December 2015 (Part 1 & Part 2)

b)   21 January 2016 (Part 1)

c)    3 February 2016 (Part 1)

d)   10 March 2016 (Part 1 & Part 2)

e)    18 March 2016 (Part 1)

This matter was considered in private as it contained information relating to an individual, information which would be likely to reveal the identity of an individual and information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime. The public interest in withholding the information outweighed the public interest in disclosing it (exempt information under paragraphs 1, 2 & 7 of Part 1 of Schedule 12A to the Local Government (Access to Information) Act 1985 as amended).