Agenda and minutes

The Committee is asked to note any apologies for absence and substitutions received from Members.

Apologies for absence were received from Councillors Skeels and Thompson (with no substitutions).

To confirm and sign as a correct record, the minutes of the meeting of the Committee, held on Monday, 25 March 2024.

It was moved by Councillor Smith, seconded by Councillor Davidson and:-

RESOLVED that the minutes of the previous meeting of the Committee, held on Monday, 25 March 2024 be approved as a correct report and signed by the Chairman.

Councillors are invited to declare any Disclosable Pecuniary Interests, Other Registerable Interests of Non-Registerable Interests, and the nature of it, in relation to any item on the agenda.

There were no declarations of interest noted on this occasion.  

Subject to providing two working days’ notice, a Member of the Committee may ask the Chairman of the Committee a question on any matter in relation to which the Council has powers or duties which affect the Tendring District and which falls within the terms of reference of the Committee.

On this occasion no Councillor had submitted a notice of a question.

The Committee will formally receive and note, for its information only, the minutes of the meeting of the Miscellaneous Licensing Sub-Committee held on Monday, 11 March 2024.

It was moved by Councillor A Cossens, seconded by Councillor Codling and:-

RESOLVED that the Committee formally received and noted, for its information only, the Minutes of the meeting of the Miscellaneous Licensing Sub-Committee held on Monday, 11 March 2024.

To provide the Committee with data on the number of licences, certificates and permits authorised by the Council in quarter 1 2024/25. The majority of these have been authorised by Officers in accordance with approved schemes of delegation.

The Committee was told the details of the licences, certificates and permits granted as set out under the separate headings below:

(i)            Premises Licences/Club Premises Certificates

The total of Premises Licences / Club Premises Certificates that have been approved under Delegated Powers during the period 31 August 2022 to 31 January 2023.  For comparison, the following also shows the numbers approved for the periods shown:

(ii)           Personal Licences under the Licensing Act 2003

The total of Personal Licences approved under Delegated Powers since 7 February 2005, the 'First Appointed Day' on the dates shown were.

(iii)          Gambling Licences/Permits

Below is a table showing the number of gambling licences and permits that were licensed with this Authority on the dates shown.

(iv)          Hackney Carriage/Private Hire Licence

Below is a table showing the number of drivers, vehicles and operators that were licensed with this Authority on the dates shown.

Members were told that, although the numbers of driver applications processed was broadly the same now as had been the case over the last year, there had been a drop in the number of existing licenced drivers renewing (and a comparative increase in new individuals being licensed).

It was RESOLVED that the Committee noted the information set out in the Officer report (A.1).

To consider the responses received from the public consultation that has taken place and for the Licensing Authority to deal with the classification of otherwise unclassified films, appeals by distributors against the British Board of Film Classification (BBFC) decisions as to the classification of a film or to reclassify films.

The Committee heard that the Council was the Licensing Authority under the provisions of the Licensing Act 2003 (the Act). A function of the Licensing Authority under the Act was to receive, consider and determine applications for Premises Licences or Club Premises Certificates. The Act regulated various activities (known as licensable activities or in the case of a private club operating pursuant to a Club Premises Certificate, qualifying club activities). Those activities included the provision of regulated entertainment.

Members were told that the Act sought to promote 4 licensing objectives. Those were:

-       Prevention of crime and disorder;

-       Prevention of public nuisance;

-       Public safety; and

-       Protection of children from harm.

Schedule 1 of the Licensing Act 2003 set out what activities were regarded as the provision of regulated entertainment. The description of entertainment activities licensable under the Act included the exhibition of film. To be licensable, an activity needed to be provided for the purpose (at least partly) of entertaining an audience; had to be held on premises made available for the purpose of enabling that activity; and must also either:

-       Take place in the presence of a public audience, or

-       Where that activity took place in private, be the subject of a charge made with a view to profit.

The Committee was informed that, all premises licences that permitted regulated entertainment in the form of the exhibition of films had a mandatory condition attached to it relating to the admission of children to that premises. Children under the Licensing Act 2003 were defined as anyone under the age of 18. The mandatory condition was a requirement under Section 20 of the Licensing Act 2003.

Officers also told Members that the mandatory condition read as follows:

“Admission of children to the premises must be restricted in accordance with the film classification recommended by the British Board of Film Classification or recommended by this licensing authority as appropriate.”

Members were made aware that, when considering any film which had been put forward for classification, the Licensing Authority would consider it in terms of how the exhibition of the film would impact on the licensing objectives, namely the protection of children from harm. That would apply to any film that had been put forward for a classification that would permit children to watch it. There were seven BBFC classification tiers (U, PG, 12, 12A, 15, 18 & R18) relating to what age a child may be permitted to watch the film on their own or whether there should be any parental or adult supervision.

The Committee learnt that the Licensing Authority deferred to the British Board of Film Classification (BBFC) as the standard classification body for films. However, the Licensing Authority was ultimately able to set film classifications relating to the exhibition of films within the District of Tendring and had the power to classify films away from those adopted by the BBFC. Having said that, it would be unreasonable to disregard any classification applied by the BBFC  ...  view the full minutes text for item 7.

To seek the Committee’s approval for a revised draft Licensing Enforcement and Inspection Policy, to be circulated to key stakeholders for consultation purposes for the outcome of the consultation to be reported back to this Committee for consideration together with a proposed policy for 2024-2028.

The Committee was told that it was best practice that the Licensing Authority kept its policy on enforcement processes under review to ensure that it they were kept up to date with the most current information and that appropriate guidance was made available to applicants, taking into consideration the legislation and resources available. That was then made available to applicants, licensees, those seeking to address issues with licensees, the Licensing Authority’s partner agencies and the public.

Keith Simmons (Head of Democratic Services & Elections) made the Committee aware that there were typing errors in the Policy, but that the overall message was still the same and that the Policy would be amended before going out for public consultation.

It was moved by Councillor Davidson, seconded by Councillor Wiggins, and unanimously:-

RESOLVED that:

a)     that the draft revised Licensing Enforcement and Inspection Policy, as set out in Appendix A of the Officer report (A.3) (but subject to the correction of typographical errors) be approved for the purposes of the consultation in resolution b) below; and

b)    the draft revised Licensing Enforcement and Inspection Policy (as duly corrected) be circulated to the Licensing Authority’s key stakeholders for consultation purposes and that any representations received be considered at a future meeting of the Committee.

For the Committee to consider a draft of the Council’s Sex Establishment Policy, to authorise consultation on the draft policy and for the outcome of the consultation to be reported back to this Committee for consideration together with a policy document for the period of 2024-2028.

The Committee heard that it was best practice that the Licensing Authority kept its Policy on Sex Establishments under review to ensure that it was kept up to date with the most current information and guidance, legislation and resources available. That was then made available to applicants, licensees, those seeking to address issues with regards to Sex Establishments, the Licensing Authority’s partner agencies and the public.

Officers made the Committee aware that there were typing errors in the policy in the Officer report (A.4) but that they would be corrected before going out to public consultation.

It was moved by Councillor Bray, seconded by Councillor Smith and unanimously:-

RESOLVED that:

a)     the draft Sex Establishment Policy, as set out in Appendix A of the Officer report (A.4) (but subject to the correction of typographical errors) be approved for the purposes of the consultation in resolution b) below; and

b)    the draft Sex Establishment Policy, as duly corrected, be circulated to the Licensing Authority’s key stakeholders for consultation purposes and that any representations received be considered at a future meeting of the Committee.

To seek the Committee’s approval for a revised draft Statement of Gambling Policy to be circulated to key stakeholders for consultation purposes, for the outcome of the consultation to be reported back to this Committee for consideration together with the proposed policy for 2025-2028.

The Committee was told that the Council was required to review and renew its Statement of Gambling Policy every three years in accordance with the Gambling Act 2005. The review and renewal of the policy was subject to public consultation and must be adopted by Full Council upon recommendation from both the Licensing and Registration Committee and Cabinet.

Members heard that the Review had been last undertaken three years ago, and that no significant issues had arisen through use of the Policy since that time. The proposed changes were considered minor; however, internal consultation would be undertaken with the Council’s Corporate Enforcement Group through that process.

The Committee was informed that the Government had introduced a Gambling White Paper in April 2023. Once that review was concluded, it was likely that there would be changes to the Gambling Commission’s guidance issued to Local Authorities, which was likely to have an impact on the Council’s Gambling Policy.

Officers also told Members that, the conclusion of the review could fall during the consultation or determination of the Council’s Policy review, which might therefore present an unintended clash.

Members also heard that, the Council was unable to extend the existing Gambling Act Policy until the national review had concluded and must review its existing policy within the statutory period.

The Committee was finally told that, it was therefore proposed to undertake a light touch review in 2024 to ensure that the Authority met its obligations to publish its revised policy by 31 January 2025.

It was moved by Councillor A Cossens, seconded by Councillor Bray and unanimously:-

RESOLVED that:

a)     the draft Gambling Policy, as set out in Appendix A of the Officer report (A.5) be approved for the purposes of the consultation in resolution b) below; and

b)    the draft Gambling Policy be circulated to the Licensing Authority’s key stakeholders for consultation purposes and that any representations received be considered at a future meeting of the Committee.

To explain the changes to the temporary pavement licensing regime under the Business & Planning Act 2020 and the impact of the changes to this regime made by the Levelling-Up and Regeneration Act 2023. Seeking the Committee’s approval for a draft Pavement Licensing Policy, to be circulated to key stakeholders for consultation purposes for the outcome of the consultation to be reported back to this Committee for consideration together with a proposed policy.

The Committee was told that under the Business and Planning Act 2020, pavement licensing had been delegated to the Licensing Authority as a temporary measure due to the COVID pandemic. The Levelling Up and Regeneration Act 2023 had now become legislation which superseded the aforementioned Business and Planning Act 2020.

Members heard that the temporary legislation had been due to expire at the end of September 2024; however, the Government had made the scheme permanent, with some amendments, through the aforementioned Levelling Up & Regeneration Act 2023 which had received Royal Assent last year and had come into force on Sunday 31 March 2024.

It was moved by Councillor Smith, seconded by Councillor Davidson and:-

RESOLVED that:-

a)    the changes to temporary pavement licensing as a result of the Levelling Up and Regeneration Act 2023 be noted;

b)    the draft Pavement Licensing Policy, as set out in Appendix A of the Officer report (A.6) be approved for the purposes of the consultation in resolution c) below; and

c)    the draft Pavement Licensing Policy be circulated to the Licensing Authority’s key stakeholders for consultation purposes and that any representations received be considered at a future meeting of the Committee.

To enable the Committee to discuss fixing the date of its next meeting.

It was RESOLVED that the next meeting of the Committee would be held on Wednesday, 2 October 2024, commencing at 6.30 p.m.

The Committee is asked to consider passing the following resolution:-

“that under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of Agenda Item 14 on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 1 of Part 1 of Schedule 12A, as amended of the Act.”

It was RESOLVED that, under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting during the consideration of Agenda Item 14 on the grounds that  it involved the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A, as amended, of the Act.

The Head of Democratic Services & Elections (Keith Simmons) made Members aware that the only reason why the next Agenda Item was being discussed in private, was because it had an individual’s private information in the Item and was therefore not for the public record.

The Committee will formally receive and note, for its information only, the exempt minutes of the meeting of the Miscellaneous Licensing Sub-Committee held on Monday, 11 March 2024.

It was moved by Councillor Smith, seconded by Councillor Davidson and:-

RESOLVED that the exempt minute of the meeting of the Miscellaneous Licensing Sub-Committee held on Monday, 11 March 2024 be formally received and noted.