Agenda item

Report of the Director of Early Intervention and Support (enclosed).

The Director of Early Intervention and support submitted a report for the Licensing and Public Safety Committee to consider the proposed General Licensing Safeguarding, Suitability and Convictions Policy to support the Council’s licensing policies in the future.

Following the approval and adoption of the Safeguarding, Suitability and Convictions Policy for Taxi Licensing in 2015, a General Licensing Safeguarding, Suitability and Convictions Policy has been produced to cover a number of other licensing functions to ensure a consistent approach to all licensing matters in the future and enable efficient decision making.

Members were made aware that the legislation and byelaws associated with many of the Council’s Licensing functions do not reflect our current thinking in relation to safeguarding and risks, and therefore do not allow the consideration of wider issues in determining or applying conditions to licences.

The Regulatory Services Manager drew Member’s attention to the colour-coded table included in the report which indicated the risks and flexibility around this. Although legislation does not always support the implementation of conditions in relation to safeguarding considerations, members should note that there are also illustrations of good practice, promoted and encouraged by the Council. For example, Riding Schools commonly accommodate the teaching of children and also people with both physical disabilities and learning disabilities at their facilities. Legally we are unable to apply stringent safeguarding requirements. However, the British Horse Society has safeguarding guidelines and support for its members. The Council, through its policies, can encourage its licensed establishments to follow such guidelines and in this way provide as much reassurance to the public as possible.

Following adoption of the General Licensing Safeguarding, Suitability and Convictions Policy the Council would need to consider a programme for the review of the Licensing and Consent Policies and Procedures to ensure that they are updated and reflect the principles laid down by the Council in relation to Safeguarding, Suitability and Convictions. This would include the proposed introduction of a Street Trading Policy, and where applicable, Animal Welfare Licensing and HMO Licensing policies. It was anticipated that reviews and timetables would be reported to future Licensing and Public Safety Committees.

Members expressed concern at the wording included in the Policy with regards to a sex-shop licence stating that access for under 18’s be ‘limited’. However reassurance was provided that a condition was included within the sex shop license to ensure that no under 18’s are allowed on the premises and therefore prohibition was already in place and covered by other parts of the legislation. It was verbally agreed that the wording of which on the Policy would be updated to ‘prohibited’.

After careful consideration it was proposed by Councillor Adrian Lowe, seconded by Councillor Hasina Khan, and subsequently RESOLVED unanimously;

1. to agree the implementation of the proposed General Licensing Safeguarding, Suitability and Convictions Policy to support the Council’s licensing policies in the future, where applicable.
2. that delegated power be granted to the Director of Early Intervention and Support to make amendments to the policy from time to time to reflect any changes in legislation or case law.