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

Apologies for absence were received from Councillors Amos, Davidson, Davis and Thompson with no substitutes appointed.

To confirm and sign as a correct record, the minutes of the meeting of the Committee, held on Wednesday, 29 October 2025.

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

RESOLVED that the minutes of the previous meeting of the Committee, held on Wednesday, 29 October 2025 be approved as a correct record and be 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.

Councillor Smith declared for the public record that he was a London Taxi driver but that he had no ties in that capacity to the District of Tendring.

The Monitoring Officer confirmed that Councillor Smith had sought her advice prior to the meeting in respect of declaring an interest in relation to agenda items 7 and 8 (report A.1 – Housing & Environment - Caravan Site Licensing – Proposed Fees and Charges for 2026/27 and report A.2 Operations & Delivery / Housing & Environment – Proposed Fees and Charges for Animal & Beauty Licensing 2026/27) insofar as they both related to the Environment portfolio for which he was the Portfolio Holder for the Environment and ICT.

The Monitoring Officer informed the Committee that it would not be necessary for Councillor Smith to withdraw from the meeting given that those agenda items were in respect of non-executive functions.

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 notice of a question pursuant to Council Procedure Rule 38.

To seek the Licensing & Registration Committee’s approval to the proposed schedule of fees and charges 2026/27 for Housing & Environment – Caravan Site Licensing.

To provide the Licensing Committee with the details of the proposed licensing fees and charges for the new financial year beginning April 2026, with regard to Residential Park Homes. The Mobile Homes Act 2013 amended Section 3(3) of the Caravan Sites and Control of Development Act 1960 and empowered Local Authorities to charge when issuing licences in respect of ‘relevant protected sites’ and to charge fees for the provision of other associated licensing functions.  The purpose of the report is to endorse those fees and changes to those fees and charges to take effect for the new financial year 2026/27 (as soon as possible there after taking account of legislative requirements).

The Committee considered a report of the Assistant Director (Housing and Environment) (A.1) which sought the Committee’s approval of the proposed schedule of feed and charges 2026/27 for Caravan Site Licensing within Housing & Environment.

The Committee received a report outlining the proposed licensing fees and charges for the financial year beginning in April 2026 in relation to residential park homes. Members were advised that the Mobile Homes Act 2023 had amended Section 3(3) of the Caravan Sites and Control of Development Act 1960, which had given Local Authorities the power to charge fees when issuing licences for ‘relevant protected sites’ and to levy fees for associated licensing functions.

It was reported that, similarly to previous years, Departments had been asked to review their fees and charges on an individual basis as changes might need to be made to meet specific aims or strategic objectives or in some cases in response to external factors such as market forces.

That review of fees and charges had been set against the following key principles:

·         general inflationary increases where possible or lower where appropriate / justified;

·         amounts rounded for ease of application, which may result in a slightly above inflation increase;

·         on a cost recovery basis as necessary;

·         reflect statutory requirements;

·         increases where market conditions allowed;

·         to meet specific priorities or service delivery aims / objectives.

Members were aware that the Council continued to face a number of significant financial challenges in 2026/27 and beyond. It was therefore important that fees and charges were considered against this context and to maximise income opportunities where possible, albeit whilst balancing the various issues highlighted above.

It was reported that an assessment process with the Finance Department of the Council had been undertaken to fully document the expected impact of the proposed fees and charges on the Council’s budget.

It was further reported that the framework for setting fees had been detailed in the Mobile Homes Act 2013 (the 2013 Act). Therefore, there had been a small increase in inflationary and associated costs to reflect those additional financial pressures being experienced over the forecast period.

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

RESOLVED that the Schedule of Fees and Charges for 2026/27 for Housing & Environment – Licensing of Residential Mobile Homes, as set out in Appendix A to report A.1, be agreed, insofar as:-

(a)  the current fees and charges in place since April 2025, as set out in column A of Appendix A, be noted;

(b)  the proposed fees and charges for 2026/27, as set out in column B of Appendix A, be approved with effect from April 2026; and

(c)   the Assistant Director for Housing & Environment be authorised to publish the approved fees, as necessary, in accordance with the relevant legislative provisions.

To seek the Licensing & Registration Committee’s approval to the proposed schedule of fees and charges 2026/27 for Operations & Delivery / Housing & Environment – Animal Licensing & Beauty Treatment Licensing.

To submit to the Committee details of the current licensing fees and charges for the issuing and renewal of licenses issued by the Environmental Health service, that are non-executive functions, and to seek approval for the proposed fees and charges for the new financial year to take effect from 1 April 2026 (or as soon as possible thereafter taking account of legislative requirements).

The Committee considered a report of the Assistant Director (Housing and Environment) (A.1) that sought its approval of the proposed schedule of fees and charges 2026/27 for Operations & Delivery / Housing & Environment – Animal Licensing & Beauty Treatment Licensing.

That report also submitted to the Committee details of the current licensing fees and charges for the issuing and renewal of licenses issued by the Environmental Health service, that were non-executive functions, and which sought Members’ approval for the proposed fees and charges for the new financial year to take effect from 1 April 2026 (or as soon as possible thereafter taking account of legislative requirements).

It was report that similarly to previous years, Departments had been asked to review their fees and charges on an individual basis as changes might need to be made to meet specific aims or strategic objectives or in soe cases in response to external factors such as market forces.

That review of fees and charges had been set against the following principles:

·         general inflationary increases where possible or lower where appropriate/justified;

·         amounts rounded for ease of application, which may result in a slightly above inflation increase;

·         on a cost recovery basis as necessary;

·         reflect statutory requirement;

·         increases where market conditions allowed; and

·         to meet specific priorities or service delivery aim/objectives.

Members were aware that the Council continued to face a number of significant financial challenges in 2025/26 and beyond. It was therefore important that the fees and charges were considered against this context and to maximise income opportunities where possible, albeit whilst balancing the various issues highlighted above.

It was reported that an assessment process with the Finance Department of the Council had been undertaken to fully document the expected impact of the proposed fees and charges on the Council’s budget.

It was further reported that in line with the framework for setting fees as detailed in the animal welfare (Licencing of activities involving animals) (England) Regulations 2028, there had been a small increase in inflationary and associated costs implemented to reflect those additional financial pressures experienced over the forecast period.

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

RESOLVED that the Schedule of Licensing Fees and Charges 2026/27 for Operations & Delivery / Housing & Environment, as set out in Appendix A to report A.2, be agreed as follows namely that:-

(a)  the current fees and charges in place since April 2025, as set out in column A of Appendix A be noted;

(b)  the proposed fees and charges for 2026/27, as set out in column B of Appendix A be approved with effect from April 2026; and

(c)   the Assistant Director for Housing & Environment be authorised to publish the approved fees, as necessary, in accordance with the relevant legislative provisions.

This report seeks to provide the Committee with data on the number of licences, certificates and permits authorised by the Council in quarter 3 of 2025/26.  The majority of these have been authorised by Officers in accordance with approved schemes of delegation. Data is provided to Committee on the most recent complete quarters (April to June, July to September, October to December and January to March) together with previous quarters to aid comparison between quarters and years.

The Committee was provided with data on the number of licenses, certificates and permits processed by the Council in quarter 3 2025/26 (October to December 2025). The majority of those had been authorised by Officers in accordance with approved schemes of delegation. Further data was provided to Members on the most recent complete quarters (April to June 2025, July to September 2025 and January to March 2025) together with previous quarters to aid comparison between quarters and years. That data was provided both within the Officer report (A.3) and expounded at the meeting by the Licensing Manager.

Members were made aware that the licensing service continued to send out a “How did we do?” survey to all licence holders upon issuing a licence and any feedback received had been reviewed. To date forty-six responses had been received. The contents of the survey had been based on the Best Value User Satisfaction Surveys which provided a national standard for the quality of the questions.

It was unanimously RESOLVED that the contents of the report (A.3) be noted.

This report is submitted to the Committee to enable it to consider the Scrap Metal Policy following a 8 week period of consultation on a draft policy.

The Committee considered a report outlining the proposed Scrap Metal Policy following an eight-week period of consultation on the draft policy, which had previously been authorised by the Committee.

The Licensing Manager reported that Tendring District Council was currently the Licensing Authority for dealing with scrap metal licences which included site and collectors’ licences under the Scrap Metal Dealers Act 2013.

It was further reported that the Licensing and Registration Committee, at its meeting on 29 October 2025, had received a draft Scrap Metal Policy and had agreed to undertake public consultation on it. Following that public consultation, the Committee was asked to consider the policy against the outcome of the consultation and determine whether to approve the Policy, as attached, to be recommended to the Council’s Cabinet for adoption.

It was moved by Councillor Casey, seconded by Councillor Wiggins and:-

RESOLVED that the Committee –

(a)  having received and considered the outcome of the public consultation on the draft policy, formally recommends the policy, as attached to the report (A.4) as Appendix A to Cabinet for its adoption; and

(b)  requests Cabinet to authorise Officers to make minor amendments to the policy to ensure that it reflects the operational position of the Council and legislative / case law relevant to the policy.

This report is submitted to the Committee to enable it to consider the Charity Collections Policy following a 8 week period of consultation on a draft policy.

The Committee was presented with a report which enabled it to consider the proposed Charity Collections Policy following an eight-week period of consultation on a draft policy, which the Committee had previously authorised.

The Licensing Manager reported that Tendring District Council was currently the Licensing Authority for Charitable Street Collections under Section 5 of the Police, Factories etc (Miscellaneous Provisions) Act 1916 and Charitable House to House Collections under the House to House Collections Act 1939. 

It was further reported that the Licensing and Registration Committee, at its meeting on 29 October 2025, had received a draft Charitable Collections Policy and had agreed to undertake public consultation. Following the public consultation which had been undertaken, the Committee was asked to consider the policy again, the outcome of consultation, and determine whether to approve the Policy, attached as Appendix A to the report (A.5), for recommendation to the Council’s Cabinet for adoption.

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

RESOLVED that the Committee –

(a)  having received and considered the outcome of the public consultation on the draft policy, formally recommends the policy (attached to the A.5 report as Appendix A) to Cabinet for its adoption; and

(b)  requests Cabinet that to authorise Officers to make minor amendments to the policy to ensure that it reflects the operational position of the Council and legislative / case law relevant to the policy.

The purpose of this report is to update Committee on the Schedule of Inspections carried out in 2025 and invite the Committee to consider the arrangements for routine inspections of licences, permits, consents etc within the scope of the Committee’s work. The Committee is asked to consider approving an initial Schedule for Inspections to be undertaken in 2026.

The Committee considered a report of the Assistant Director (Corporate Policy & Support) (A.6) which updated it on the Schedule of Inspections carried out in 2025 and which invited the Committee to consider the arrangements for routine inspections of licences, permits, consents etc for which the Governance Directorate was responsible for and which were within the scope of the Committee’s work. The Committee was asked to consider approving an initial Schedule for Inspections to be undertaken in 2026.

Members were aware that the Committee had, within its remit, a range of licences, permits, consents etc and it was appropriate that the Committee indicated to Officers the extent to which time and resource was applied to difference licences etc on a routine basis to monitor, encourage and enforce compliance with the legislative requirements and Council policies for those respective licences. The schedule set out at Appendix A represented a draft schedule in relation to 2026 alongside an overview of 2025.

It was reported that, in addition to the activity identified in the schedule at Appendix A Officers also routinely checked publicly available information in local publications and the internet for evidence to inform proactive compliance activity. Officers also received information from a variety of other sources that assisted intelligence for the Council’s licensing function. The action taken would depend upon the nature of the information and the extent to which it identified non-compliance/offences and offenders and the risk of harm to the public and consumers. Some of this information could be through complaints about the activities of individuals/organisations that were undertaking unauthorised licensable activity or activity that was contrary to the basis on which a licence was held. Such proactive and responsive compliance activity would constitute the majority of the time resource available within the team concerned.

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

RESOLVED that the Committee –

(a)  notes the inspections carried out in 2025, as set out in Appendix A;

(b)  having considered the need and frequency for routine inspections with a view to achieving compliance with licensing requirements within the remit of this Committee, formally endorses the schedule of such inspections for 2026, as set out at Appendix A to this report (A.6); and

(c)   notes that the Licensing Manager will make arrangements, within the available resource, to implement the endorsed routine inspection arrangements in 2026 and report on the progress to this Committee annually.

To seek the Committee’s approval to a schedule of fees and charges 2026/27 for licensing applications etc within the responsibility of the Democratic Services and Elections, Governance – Licensing Section.  The current fees and charges and proposals for fees and charges in 2026/27 are set out at Appendix A to this report.

Appendix A sets out those licensing fees where the Council has discretion over the level of fee, those where the Council must charge a nationally prescribed fee and those where the chargeable fee is subject to a nationally prescribed maximum.

The Committee considered a report of the Assistant Director (Corporate Policy & Support) (A.7) that sought its approval to a schedule of fees and charges 2026/27 for licensing applications etc within the responsibility of the Democratic Services and Elections, Governance – Licensing Section. The current fees and charges and proposals for fees and charges in 2026/27 were set out in Appendix A to the report. That Appendix set out those licensing fees where the Council had discretion over the level of fee, those where the Council must charge a nationally prescribed fee and those where the chargeable fee was subject to a nationally prescribed maximum.

Members were reminded that the Council needed to demonstrate that the fees it charged for such licences had been set in accordance with the law and best practice, to recover its allowable costs in administering the various licensing regimes for which it was responsible. Fees should be set to avoid either a surplus or a subsidy where possible and adjusted, if necessary, in succeeding years to achieve and maintain the correct balance.

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

RESOLVED that –

(a)  the proposed licensing fees and charges, as set out in Appendix A, be approved with effect from April 2026 (Note: this resolution only applied to those fees and charges where the Council had the discretion to determine the said fee);

(b)  the Licensing Manager be authorised to publish the Hackney Carriage and Private Hire Licensing Fees in accordance with the relevant legislative provisions (should any changes be applicable to advertise); and

(c)   that, further to (b) above, the Assistant Director (Corporate Policy & Support) be authorised to consider any objections received and determine the final fees payable in consultation with the Chairman of this Committee.

To enable the Committee to consider the cessation of the requirement for a fourth or Standby Member at meetings of the Premises/Personal Licences Sub-Committee in the light of recent operational experience.

The Corporate Director (Law & Governance) & Monitoring Officer outlined a report which provided the Committee with the opportunity to consider the cessation of the requirement for a fourth or standby Member at meetings of the Premises/Personal Licenses Sub-Committee in the light of recent operational experience.

Members heard that Council Procedure Rule 34.5, inter alia, required the Democratic Services Manager to ensure that a fourth or standby Member, drawn from amongst the appointed membership of the Licensing & Registration Committee, was present at every meeting of the Premises/Personal Licences Sub-Committee. The Committee was reminded that such member should act as a member of the Sub-Committee in the event that one of the three Sub-Committee members became unable to act due to matters such as illness or a conflict of interest.

Operational experience had however demonstrated that there was no real requirement for such a standby Member and that it was an unnecessary use of Members’ time and resources. Therefore, it had been proposed that the Licensing & Registration Committee sought the removal of that requirement from the Council’s Constitution. Provision would still exist within rule 34.5 for the Democratic Services Manager to appoint a substitute for a Sub-Committee Member should the circumstances require it.

It was reported that since the Licensing Act 2003 commenced in 2005 the Premises/Personal Licences Sub-Committee had operated for 20 years. In that time, it had been on very rare occasions that the Council had had to call upon the fourth or standby Member to participate in the Sub-Committee’s hearing. Therefore, in the opinion of the Officers the removal of the requirement for a standby Member would have minimal effect on the administration of the Sub-Committee.

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

RESOLVED that the Licensing and Registration Committee requests Cabinet to consider and subsequently recommend to Full Council that Council Procedure Rule 34.5 be amended to remove the requirement for a fourth or standby Member to be present at every meeting of the Premises/Personal Licences Sub-Committee.