Agenda and minutes

Licensing & Public Protection Committee - Tuesday, 5th September, 2023 7.00 pm

Venue: Astley Room - Castle

Contact: Geoff Durham 742222 

Media

Items
No. Item

1.

APOLOGIES

Minutes:

There were no apologies.

2.

DECLARATIONS OF INTEREST IN RELATION TO LICENSING MATTERS

To receive declarations of interest from Members on items contained within the agenda

Minutes:

There were no declarations of interest stated.

3.

MINUTES OF A PREVIOUS MEETING pdf icon PDF 227 KB

Minutes:

Resolved:     That the minutes of the meeting held on 4th July be agreed as accurate record.

4.

BUSINESS AND PLANNING ACT 2020 UPDATE pdf icon PDF 407 KB

Minutes:

The Service Director for Regulatory Services presented an update report on the Business & Planning Act 2020 and relevant regulations relating to the relaxations in respect of pavement licences and off-sales of alcohol.

 

The Act came into place to help premises survive and bounce-back from the pandemic lockdown with provisions including a new pavement license regime administrated by local authorities and alcohol licensing changes to allow operators to serve alcohol for consumption off the premises.

 

Cllr Richards asked about the consultation referred to in paragraph 2.4. Were the 5 days given to the Council to respond a long enough period? – Officers had been dealing with applications during that timeframe and this was just a continuation of what was already in place.

 

Cllr Whieldon commented that short timescales were necessary for people to stay in business. Cllr Sweeney highlighted the importance of the provision and expressed his support to the proposal.

 

Resolved:     1. That the proposed amendments to the Business and Planning Act 2020 and contents of the Regulations be noted.

 

2. That all Pavement Licences will be granted to expire on 30th September 2024 be noted.

 

3. That the relaxation to allow premises to have ‘off-sales’ has been extended to 31st March 2025 be noted.

 

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5.

DECLARATIONS OF INTEREST IN RELATION TO PUBLIC PROTECTION MATTERS

To receive declarations of interest from Members on items contained within the agenda

 

Minutes:

There were no declarations of interest stated.

6.

RENTERS' (REFORM) BILL pdf icon PDF 402 KB

Minutes:

The Service Director for Regulatory Services presented the report advising members of the Renters’ Reform Bill’s currently progressing through Parliament. A White Paper issued by the Government in June 2022 outlined five ambitions and a 12-point plan of action to be addressed through the bill towards creating a Private Rented Sector with equal access to decent rented properties across the country and security of tenancies.

 

Members asked questions and responses were provided as follows:

 

-       Cllr Brown asked about challenges faced by tenants such as the security of tenancy and affordability checks requiring to pay large amounts of rent upfront. – The proposals were about making more consistent tenancy arrangements across the sector. An ombudsman service was also put forward.

 

-       Cllr Whieldon asked about the figure of 8,190 properties and wondered if this including housing providers such as Aspire. – The figure referred to the private sector only and so didn’t include housing associations.

 

Resolved:     That the progress of the Bill and the likely impacts on tenants, Newcastle Housing Advice and enforcement functions be noted

 

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7.

REVOCATION OF LITTLE MADELEY AIR QUALITY MANAGEMENT AREA pdf icon PDF 763 KB

Minutes:

The Service Director for Regulatory Services presented a report on Little Madeley Air Quality Management Area advising that further to a 4 week consultation and given the consistent lower levels of nitrogen dioxyde recorded the management area was no longer needed and should therefore be revoked.

 

The improvement could be explained by the reduction in the number of old polluting vehicles and higher emission standards for newer vehicles.

 

Resolved:     That the Little Madeley Air Quality Management Area Number 4- Revocation Order 2023 be formally approved, taking effect from the 6th September 2023.

 

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8.

PUBLIC SPACE PROTECTION ORDER - GATING CONSULTATION UPDATE pdf icon PDF 426 KB

Additional documents:

Minutes:

The Mobile Multi-Functional Team Leader updated members on the outcome of the final 6 week public consultation on the proposed partial/full closures of 3 Public Rights of Way in the Borough to restrict antisocial behaviours.

 

Cllr Richards wondered about who would have access to the locations once closed. – The Council would hold the keys to the gates and accommodate residents’ needs as required. Residents’ access to their own properties would be enabled through the back of the buildings.

 

Resolved:     That the content of this report be considered and that approval be given for a Public Space Protection Order for Gating to be granted by Newcastle-under-Lyme Borough Council as per appendix 1.

 

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9.

UPDATE ON RESULTS OF TAXI LICENSING APPEALS

Minutes:

No hearing had taken place since the last committee meeting.

 

Resolved:     That the item be rescheduled.

10.

MINUTES OF PUBLIC PROTECTION SUB-COMMITTEE MEETINGS pdf icon PDF 189 KB

To consider the minutes of the Public Protection Sub-Committees which have met since the previous Licensing and Public Protection Committee.

 

Minutes:

Cllr Brown pointed out that Cllr Gillian Williams’ presence was omitted in the minutes of the last subcommittee meeting. The Chair confirmed her attendance.

 

Resolved:     That the minutes of the Public Protection subcommittee meeting held on 12th July 2023 be received provided that Cllr Gillian Williams’ presence be recorded.

11.

DISCLOSURE OF EXEMPT INFORMATION

To resolve that the public be excluded from the meeting during consideration of the attached report, because it is likely that there will be disclosure of exempt information as defined in paragraphs 1, 2 and 7 in Part 1 of Schedule 12A of the Local Government Act 1972.

 

Minutes:

There was no disclosure of exempt information.

12.

URGENT BUSINESS

To consider any business which is urgent within the meaning of Section 100B (4) of the Local Government Act 1972

Minutes:

There was no urgent business. The Service Director for Regulatory Services informed members that a licensing training would take place as a pre-meeting before the next Full Council meeting on the 20th September to improve councillors’ awareness of licensing matters.

 

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