Rother District Council
LICENSING & GENERAL PURPOSES COMMITTEE
27 July 2006
Minutes of the Licensing and General Purposes Committee held at the Town Hall, Bexhill on Thursday 27 July 2006 at 2.30 pm.
Present: Councillors: C.F. Starnes (Chairman), K.J. Bridger (Vice Chairman), R.V. Elliston, G.E.S. Hearn, Mrs J.M. Hughes, M.J. Kenward, Mrs. W.M. Miers (ex-officio) (in part), R.H. Patten, R. White and J.S. Wood.
Other Councillors Present: Councillors Mrs E.E. Armstrong, P.R. Douart (in part) and S.H. Souster (in part).
Advisory Officers Present: Director of Resources (in part), Head of Environmental Health (in part), Licensing and Litigation Lawyer (in part), Revenues Client Manager (in part), Democratic Services Officer and 3 members of the public.
LG7. MINUTES
The Chairman was authorised to sign the minutes of the meeting held on 15 June 2006 as a correct record of the proceedings.
LG8. APOLOGIES FOR ABSENCE
Apologies for absence had been received from Councillors R.K. Bird, C.A, Clark and Mrs. J.P. Gadd.
LG9. EXCLUSION OF PRESS AND PUBLIC
RESOLVED: That the press and public be excluded whilst matters containing exempt information, as prescribed by Part 1 of Schedule 12A of the Local Government Act 1972, as amended and relating to Minutes LG14-LG15 were under consideration. The reports submitted in connection with these items and which contain information exempt from publication by virtue of Part 1 of Schedule 12A to the Act shall remain confidential if and so long as, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.
PART I – RECOMMENDATIONS TO COUNCIL
LG10. THE GAMBLING ACT 2005
(9.1)
Consideration was given to the report of the Director of Services on the Gambling Act 2005. The Gambling Act 2005 was now partly in force and would be fully implemented by 1 September 2007. The Act imposed new duties on local authorities to license premises used for gambling. Responsibility for enforcement was divided between a new gambling commission and local authorities and the Council was required to consult on its policy or ‘statement of principles’.
The new Act consolidated previous legislation that governed the conduct of gambling. It set up a new regulator with the Gambling Commission with powers to deal with gambling offences, extended the choice for adult gamblers, ensured that consumers were fully informed about the products they used and the risks involved, set up a system to regulate online gambling and ensured that systems were in place to protect children and the vulnerable.
Members discussed the possibility of the Council making a resolution that casinos would not be licensed but considered that any such application should be considered on its merits.
Members noted that a training session on the Gambling Act 2005 had been arranged to take place on 21 September 2006 before the next meeting of the Committee. This training session would prepare Members for any potential hearings they may be required to determine from January 2007.
RECOMMENDED: That a ‘no casino’ resolution not be made, but that any application be considered on its merits.
RESOLVED: That the Gambling Act 2005 draft statement of principles be approved for consultation.
LG11. PENALTY POINTS SCHEME FOR HACKNEY CARRIAGE DRIVERS
(9.5) ETC
Consideration was given to the report of the Director of Services on the Penalty Points Scheme for Hackney Carriage Drivers. Hackney Carriage and Private Hire Operators, Drivers and Vehicles that were principally governed by the Local Government (Miscellaneous Provisions) Act 1976, Town Police Clauses Act 1847, Council’s Byelaws and the Rules, Regulations and Conditions agreed by the Licensing and General Purposes Committee. If Operators, Drivers or Proprietors of Vehicles committed an offence or breached rules, regulations or conditions of licence the persons involved were asked to attend the Council offices for an interview and then once the investigations were completed letters would be sent out detailing the outcome and a permanent record would be kept on the person’s file. However, the outcome of the investigations may result in no further action being taken, a formal warning or referral to the Licensing Panel and or prosecution.
To improve standards and compliance with rules and regulations it was proposed to introduce a penalty points scheme. The scheme would mean that misdemeanours would be recorded and would act as a record of a driver’s behaviour. This record would be used to ascertain whether the driver was a fit and proper person to hold the licences he/she required. In February 2006, the taxi trade members were consulted on the scheme. 25% of the forms were returned. Out of these, 80% wished to see the implementation of the proposed scheme.
RECOMMENDED: That a penalty points scheme be adopted to monitor and enforce the licence conditions of Operators, Proprietors and Drivers of Hackney Carriage and Private Hire Vehicles as attached at Appendix A.
PART II - DECISIONS TAKEN UNDER DELEGATED POWERS
LG12. CRITERIA FOR ALLOWING RELIEF FROM NON-DOMESTIC RATES
(5.1)
Consideration was given to the report of the Director of Resources on the Criteria for Allowing Relief from Non-Domestic Rates. There were now seven organisations where the Committee had discretion to give them rate relief. It was reported that the Revenue Client Services Manager was currently making investigations as to how other local authorities dealt with their rate relief. A report on these investigations outlining alternative methods of dealing with rate relief would be presented at a future meeting of the Committee.
RESOLVED: That no amendments be made to the current rate relief criteria and a report be brought to the Committee at a later date on alternative options for dealing with rate relief.
LG13. APPLICATIONS FOR RELIEF FROM NON DOMESTIC RATES –
(5.2) CHARITABLE ORGANISATIONS, REGISTERED COMMUNITY AMATEUR SPORTS CLUBS AND VOLUNTARY ORGANISATIONS
The Committee received and considered the report of the Director of Resources on applications from charitable organisations and registered community amateur sports clubs, who were already in receipt of 80% mandatory relief and were seeking relief for the remaining 20% and voluntary and non-profit making organisations for 100% discretionary relief from their rates charge.
RESOLVED: That:
(1) 100% relief be granted to the following Charitable Organisations:
Organisation Address
Royal National Lifeboat Institution Inshore Rescue Station The Strand, Rye Harbour
COUNCILLOR K.J. BRIDGER IN THE CHAIR
St John Ambulance Garage, High House Farm
(Bexhill Division) Field, Ninfield Road, Bexhill
(Councillor C.F. Starnes declared a personal and prejudicial interest in this matter in so far as he was an officer of the Most Venerable Order of St John of Jerusalem, the governing body of the St John Ambulance and in accordance with the Members’ Code of Conduct left the room during the consideration thereof.)
COUNCILLOR C.F. STARNES IN THE CHAIR
(2) 50% relief be granted to the following Charitable Organisations:
Organisation Address
Crowhurst Youth Club Hastings Road, Crowhurst
Rye and District Sea Cadet Corps Sea Cadet HQ, Rock Channel, Rye
2nd Bexhill Scout Group 1b Buckhurst Road, Bexhill
Senlac District Scout Council Scout Hut, Kiteye Wood,
Freezeland Lane, Bexhill
1st Burwash & Etchingham Scout Hut, rear of Bear Hotel,
Scout Group High Street, Burwash
The Guide Association Guide Hall, 71 London Road
(Bexhill Division) Bexhill
1st Burwash Girl Guiding Company Guide Hut, Vicarage Road,
Burwash Common
Mountfield Village Hall Brightling Road, Mountfield
Ewhurst & Staplecross Village Hall Northiam Road, Staplecross
Society of Bexhill Museums Bexhill Museum, Egerton Road, Bexhill
Society of Bexhill Museums Office Annexe, Bexhill Museum, Egerton Road, Bexhill
COUNCILLOR K.J. BRIDGER IN THE CHAIR
Bexhill Museum of Costume and Bexhill Costume Museum,
Social History Association Manor Gardens, Upper Sea Road, Bexhill
(Councillor C.F. Starnes declared a personal and prejudicial interest in this matter in so far as the Chairman of the Bexhill Costume Museum was the Chairman of his ward and in accordance with the Members’ Code of Conduct left the room during the consideration thereof.)
COUNCILLOR C.F. STARNES IN THE CHAIR
Learning Link 77 Western Road, Bexhill
Rother Homes Thornwood, 138 Turkey Road
Bexhill
Maitreya Buddhist Centre 13 Sea Road, Bexhill
NCH 53 Turkey Road, Bexhill
Sidley Community Association 121 Ninfield Road, Bexhill
(3) 25% relief be granted to the following Charitable Organisations:
Organisation Address
Pett Village Hall Pett Road, Pett
Parker & Ashcombe Almshouse Trust Parish Room, Bodiam
Ashburnham & Penhurst Village Hall Brownbread Street, Ashburnham
(4) no relief be granted to the following Charitable Organisations:
Organisation Address
Bexhill Talking Newspaper Association 7 Cooden Sea Road, Bexhill
Woodnet Woodland Enterprise Centre, Hastings Road, Flimwell
Farming & Wildlife Advisory Group Woodland Enterprise Centre, London Road, Flimwell
Rye Museum Association 3 East Street, Rye,
Rye Museum Association Ypres Tower, Gun Garden, Rye
Sussex Autistic Community Trust Sussex House, Tills Courtyard
(Care Services) Ltd R/o 19 High Street, Battle
Winchelsea Corporation Court Hall, High Street, Winchelsea
Wealden Leisure Ltd Bexhill Leisure Centre, Down Road, Bexhill
Wealden Leisure Ltd Thomas Peacock Sports hall, The Grove, Rye
Wealden Leisure Ltd Bexhill Leisure Pool, Glyne Gap, Bexhill
St Michael’s Hospice 27 Ninfield Road, Bexhill
St Michael’s Hospice 42a High Street, Battle
St Michael’s Hospice 31 Cinque Ports Street, Rye
Hastings and Rother Voluntary 29 St Leonard’s Road, Bexhill
Association for the Blind
(5) consideration of the following application be deferred pending information regarding the organisations’ accounts:
Organisation Address
Rother Citizens Advice Bureau 9 Endwell Road, Bexhill
(6) 50% relief be granted to the following Registered Amateur Sports Clubs:
Organisation Address
Bexhill Community Rowing Club The Boathouse, The Colonade, Bexhill
Bexhill Cricket Club Polegrove Cricket Pavilion, Brockley Road, Bexhill
Robertsbridge Cricket Club The Pavilion, The Clappers, Robertsbridge
(7) 25% relief be granted to the following Registered Amateur Sports Clubs:
Organisation Address
Sidley Martletts Bowls Club Canada Way, Sidley, Bexhill on Sea
Iden Bowls Club Bell Field, Iden
Pett Bowls Club Recreation Ground, Pett
Northiam Bowling Club Main Street, Northiam
(8) no relief be granted to the following Registered Amateur Sports Clubs:
Organisation Address
Bexhill Amateur Athletic Community The Sports Centre, Little
Association Common Road, Bexhill on Sea
Cooden Beach Sports and Social Club 9 Withyham Road, Bexhill on Sea
Little Common Sports Pavilion Green Lane, Little Common, Bexhill,
Staplecross Bowls Club Northiam Road, Staplecross
(9) 25% relief be granted to the following Voluntary Organisations:
Organisation Address
Robertsbridge Aviation Society Bush Barn, Silverhill, Robertsbridge
Ashburnham & Penhurst Parish Council Sports Pavilion, Recreation Ground, Church Road, Ashburnham
(10) no relief be granted to the following Voluntary Organisations:
Organisation Address
The Ancient Guild of Indigenous 2 Clare Buildings, Church
Medicine, People and Healing Street, Ticehurst
Systems
English Chess Foundation The Watch Oak, Chain Lane
Battle
(Councillor R.V. Elliston declared a personal and prejudicial interest in this matter in so far as he was a subscribing member of the English Chess Foundation and in accordance with the Members’ Code of Conduct left the room during the consideration thereof.)
(11) consideration of the following applications be deferred pending the receipt of further information in regard to the Voluntary Organisations:
Organisation Address
Gullivers Bowls Club Knole Road, Bexhill
Beckley Bowls Club Kingsbank Lane, Beckley
Westfield Bowls Club Main Road, Westfield
Ticehurst Football Club Bell Field, Ticehurst
LG14. APPLICATION FOR RELIEF FROM NON DOMESTIC RATES –
(7.1) BUSINESS HARDSHIP
The Committee received and considered the report of the Director of Resources on an application from business proprietors for discretionary relief from rate charges on the grounds of hardship.
RESOLVED: That
(1) 50% relief be granted to the following Public House:
Business Applicant
Public House Mrs A.H.
(2) 25% relief be granted to the following Café:
Business Applicant
Café M.H.
(3) Consideration of the following application be deferred pending further information in regard to the business:
Business Applicant
Catering Mr N.M.
(This matter was considered exempt from publication by virtue of paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972, as amended).
LG15. APPLICATIONS FOR RELIEF FROM NON DOMESTIC RATES –
(7.2) VILLAGE SHOPS, POST OFFICES, PUBLIC HOUSES, PETROL FILLING STATIONS, FOOD STORES AND OTHER BUSINESSES LOCATED IN RURAL SETTLEMENTS AND BUSINESSES ESTABLISHED IN FORMER AGRICULTURAL LAND AND BUILDINGS
The Committee received and considered the report of the Director of Resources on applications from business proprietors of village shops, post offices, food stores and a business established in former agricultural land and buildings who were already in receipt of 50% mandatory relief and other businesses located in rural settlements which did not qualify for mandatory relief.
RESOLVED: That:
(1) 100% relief be granted to the following businesses:
Business Applicant
Post Office Mr & Mrs D.B.
Post Office Ms. J.M.
Community Store Community Shop Association
(Councillor G.E.S. Hearn declared a personal and prejudicial interest in this matter in so far as he was the Chairman of the management committee of the community store and in accordance with the Members’ Code of Conduct left the room during the consideration thereof.)
Post Office Mr and Mrs J.C.
Fish Shop Mr. H.S.
Bakery -
Florist Mrs S.D.
Art Studio Mr W.T.
(2) 25% relief be granted to the following business:
Business Applicant
Public House Mrs A.J.
(3) no relief be granted to the business:
Business Applicant
Public House -
Project Management Mr W.D.
(4) consideration of the following application be deferred pending further information in regard to the following business:
Business Applicant
Herbalist Ms K.S.
(This matter was considered exempt from publication by virtue of paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972, as amended).
LG16. TAXI AND PRIVATE HIRE LICENSING GROUP
(8.1)
Consideration was given to the report of the Director of Resources on the Taxi and Private Hire Vehicle Group. Whilst the Council was under no statutory duty to consult with trade representatives on the foundation of licensing matters or policy, it had been the practice of officers to seek the views of the trade on matters of licensing to assess their attitude to specific proposals. This had often been done via a regular newsletter.
The process of seeking views on matters had often been time consuming and expensive. It was therefore proposed that costs could be reduced by the formation of a trade liaison group where new proposals and ideas could be discussed at an early stage in formulation. It also meant that the trade would be able to have direct dialogue with officers and Members thus avoiding unnecessary frequent meetings that often covered the same issues. It was envisaged that members of the trade would be represented by their trade associations and the information placed before the group would be disseminated to the trade through their own trade groups. The meetings would be chaired by the Chairman or Vice Chairman of the Licensing and General Purposes Committee and the minutes of the group would be placed on the agenda of the next Committee meeting. Members were assured that this body would not act as a forum for complaints of Hackney Carriage and Private Hire drivers.