Agenda and draft minutes

To approve the minutes of the previous meeting of the Licensing and Public Safet Committee held on Wednesday, 31 January 2024.

Resolved That the minutes of the previous meeting held on 31 January 2024 be approved as a correct record for signature by the Chair.

Members of the public who have requested the opportunity to ask a question(s) on an item on the agenda will be asked to put their question(s) to the Committee.  Each member of the public will be allowed to ask one supplementary question within his/her allocated 3 minutes. 

https://democracy.chorley.gov.uk/documents/s67429/Appendix%203%20Standing%20Orders%20Aug%2016.pdf

No public questions were received.

Members are reminded of their responsibility to declare any pecuniary interest in respect of matters contained in this agenda.

If you have a pecuniary interest you must withdraw from the meeting. Normally you should leave the room before the business starts to be discussed. You do, however, have the same right to speak as a member of the public and may remain in the room to enable you to exercise that right and then leave immediately. In either case you must not seek to improperly influence a decision on the matter.

No declarations of interests were made.

To receive and consider the report of the Director of Planning and Property. 

Nathan Howson, Licensing Enforcement Team Leader, presented the report of the Director of Planning and Property.

The purpose of the report was to bring the current arrangements of Town Centre Hackney Carriage Stands to the attention of the Committee and to seek approval to consult on the proposals.

The market traders which once occupied High Street on Tuesdays now occupied Fazakerley Street and so the justification for restricting use of that hackney carriage stand no longer applied.

There could be stands currently appointed which were not in use and not known about due to the length of time since their appointment.  Revoking all stands and re-appointing them in a single order gave clarity to the trade.

The County Council were in the process of amending the traffic regulation order (TRO) and these proposals would bring the appointed stands in line with the proposed TRO.

Consultation had been undertaken through the Licensing Liaison Panel.

Following a query from the Committee it was noted that there would be no reduction in provision of parking spaces for disabled drivers.  

Resolved

1.         To note the current arrangements of Town Centre Hackney Carriage Stands.

2.         To authorise officers to commence the statutory consultation to revoke all previous stands within the Borough and re-appoint new stands.

3.         To delegate authority to the Director of Planning and Property to appoint the stands as consulted upon, where no representations opposing the stands being appointed are made within the consultation period, or where representations are made which are deemed to be vexatious or frivolous.

4.         To delegate authority to the Director of Planning and Property to determine, in consultation with the Chair and Vice Chair of the Licensing and Public Safety Committee, whether representations are frivolous or vexatious.

5.         To note that, where representations are received which oppose the appointment of the stands which are not deemed to be frivolous or vexatious, a report will be brought to a special meeting of the Licensing and Public Safety Committee for consideration as soon as possible after the 28-day consultation period.

To receive and consider the report of the Director of Planning and Property.

Nathan Howson, Licensing Enforcement Team Leader, presented the report of the Director of Planning and Property.

The purpose of the report was to seek approval to consult on a proposed revision to the Pavement Licence Statement of Licensing Policy and for a licence fee to be set.

The amendments to the Business and Planning Act 2020 had made the pavement licence regime permanent.  The policy revision was necessary to update and bring the policy in line with the amendments to the Act.

There was currently no fee associated with an application for a pavement licence.  This was a decision taken by the Council to support hospitality in the wake of the pandemic. 

This arrangement was not sustainable as the regime had now been made permanent.  It was also inappropriate, and contrary to the Provision of Service Regulations 2009, for other licence fees and/ or Council Tax payers to subsidise the cost of administering this scheme.

The fee had been set at a cost recovery level and members supported this.

Members raised a number of queries.  It was clarified that the policy related purely to pavement licences (chairs and tables on the pavement) and not the consumption of alcohol. 

The council could depart from the policy if there was good reason on a case by case basis, for example, anti-social behaviour issues.  An improvement notice could be issued and enforced.  Minimum distances could also be enforced. 

The national provision to designate smoking and non-smoking areas had been removed. 

Officers clarified that at present, a pavement licence was completely separate to authorisations relating to the sale of alcohol. It was stated that the Government was conducting a consultation on whether to amend these arrangements.

Resolved

1.         To note that the amendments to the Business and Planning Act 2020 proposed in the Levelling Up and Regeneration Act 2023 have been brought into force.

2.         To approve the approach to consultation as set out in the report, to authorise officers to finalise the consultation period and commence consultation on the revised Pavement Licence Statement of Licensing Policy.

3.         Where no representations are made during the consultation period, or where representations are made which are deemed to be vexatious or frivolous, to recommend the adoption of the revised policy and fee structure to Council.

4.         To delegate authority to the Director of Planning and Property to determine, in consultation with the Chair and Vice Chair of the Licensing and Public Safety Committee, whether representations are frivolous or vexatious.

5.         To delegate authority to the Director of Planning and Property, in consultation with the Chair and Vice Chair of the Licensing and Public Safety Committee, to make minor amendments to the draft Policy following consultation responses.

6.         To note that, where responses are received which oppose the policy revision and/ or fee structure and which are not deemed to be frivolous or vexatious, a report will be brought to a special meeting of the Licensing and Public Safety Committee for consideration as soon as possible after  ...  view the full minutes text for item 17.

There have been no meetings of the General Licensing Sub Committee since the previous meeting of the Licensing and Public Safety Committee held on Wednesday, 31 January 2024.

There have been no meetings of the General Licensing Sub Committee since the previous meeting of the Licensing and Public Safety Committee held on Wednesday, 31 January 2024.

There have been no meetings of the Licensing Act 2003 Sub Committee since the previous meeting of the Licensing and Public Safety Committee held on Wednesday, 31 January 2024.

There have been no meetings of the Licensing Act 2003 Sub Committee since the previous meeting of the Licensing and Public Safety Committee held on Wednesday, 31 January 2024.