Agenda and minutes

Please note this meeting may be filmed or recorded by the Council for live or subsequent broadcast via the Council’s internet site or by anyone attending the meeting using any communication method.  Although we ask members of the public recording, filming or reporting on the meeting not to include the public seating areas, members of the public attending the meeting should be aware that we cannot guarantee that they will not be filmed or recorded by others attending the meeting.  Members of the public participating in the meeting (e.g. making deputations, asking questions, making oral protests) should be aware that they are likely to be filmed, recorded or reported on.  By entering the meeting room and using the public seating area, you are consenting to being filmed and to the possible use of those images and sound recordings.

The Chair of the meeting has the discretion to terminate or suspend filming or recording, if in his or her opinion continuation of the filming, recording or reporting would disrupt or prejudice the proceedings, infringe the rights of any individual, or may lead to the breach of a legal obligation by the Council.

The meeting was not filmed or recorded.

Apologies for absence were received from Councillors Bevan, Mitchell, Peacock and Williams.

The Chair will consider the admission of any late items of urgent business. Late items will be dealt with under the agenda item where they appear. New items will be dealt with at item 10 below.

None.

Councillor Ross informed the Committee that he worked in the leisure industry with a primary interest in gambling, however Legal had advised that he did not have a pecuniary or prejudicial interest to declare.

To approve the minutes of the meeting held on 18 October 2018.

RESOLVED that the minutes of the meeting held on 18 October 2018 be approved as a correct record, subject to the following amendment:

Minute item 24, resolution to read:

“RESOLVED that the report be recommended for consideration at Cabinet, with the request from the Regulatory Committee that Cabinet reconsider the decision to remove school buildings from the Local Heritage List due to concerns over the quality of any future building work.”

The Council’s Commercial Environmental Health and Trading Standards team is responsible for preparing a number of service delivery plans to demonstrate how the team will meet their statutory obligations, this includes:

·                Food Law Enforcement Plan (appendix 1)

·                Health and Safety Service Plan (appendix 2)

·                Trading Standards Intervention Plan (appendix 3)

This report is to inform the Council’s Regulatory Committee of these plans.

Gavin Douglas, Regulatory Services Manager, introduced the report as set out.  The Council’s Commerical Environmental Health and Trading Standards team had responsibility for preparing a number of service delivery plans to demonstrate how the team would meet their statutory obligations: Food Law Enforcement Plan; Health and Safety Service Plan; and Trading Standards Intervention Plan.  The Committee were asked to note the report.

Mr Douglas responded to questions from the Committee:

-       The service aimed to carry out as many unrated premises inspections as possible, however this was not particularly easy with the turnover of businesses and re-inspections, and having enough qualified officers to carry out the inspections.  The service used to prioritise high risk premises, but it now concentrated on unrated premises.

-       5.1 FTE was the number of staff required to meet the statutory minimum set by the FSA in regards to inspections of premises.

-       Officers try to inspect new premises before the opened, the FSA set out that a visit should be carried out within 28 days, however this was not always possible with the current staffing levels.

-       Any premises selling food must be registered with the Local Authority and would be scheduled for inspection.

-       In relation to Health and Safety inspections, there was 0.5FTE staff to carry out inspections.  There had to be a legal reason for the Council to investigate on Health and Safety grounds.

-       The H&S priorities for 2018/19 (Appendix 2) were set based on the key achievements of the previous year.

-       Building construction was regulated by the Health and Safety Executive – if there were any incidents at construction sites in the borough, it would not be dealt with by the Local Authority.

-       The Trading Standards service had 2.8FTE – two full time members of staff, and one member of staff working four days per week.

RESOLVED that the report be noted.

Clerks note: Cllr Basu left the meeting at 20.00hrs.

Regulatory Committee to consider and comment if appropriate on the revised Statement of Gambling Policy under the Gambling Act 2005.

Daliah Barrett, Licensing Officer, introduced the report as set out.  The Committee were requested to consider and comment on the proposed Gambling Policy.  The Policy had been approved for consultation by Cabinet in November 2018, with the final findings to be reported back to Cabinet in February 2019, and the final Policy to be approved by full Council in March 2019.

Ms Barrett responded to questions from the Committee:

-       The Cabinet Member had made comments in the report, and the new foreword of the Policy.

-       When the Gambling Act 2005 came into effect, this provided betting shops with a freer way of operating.  There had been an increase in the number of betting shops, however this had now started to reduce, and there were 63 betting shops across the whole borough.

-       The Government had announced a reduction in the stakes for Fixed Odds Betting Terminals from £100 to £2.  It was thought that this may lead to closure of betting shops, as the incentive of earning from FOBTs would no longer be there.

-       Betting shops were permitted to operate until 22:00.  If there was a review of the licence then earlier hours could be put forward to the Committee, however, they could not be imposed at the outset.

-       The map on page 119 of the report showed crime within betting shops.

Councillor Brabazon noted that although the public would have strong views on gambling, the National policies and legislation were very weak, and there was very little that the Local Authority could do in terms of regulating betting shops.  She put on record her formal thanks to the officers in the Regulatory Services.

RESOLVED that the report be recommended for approval by Cabinet.

Clerks note: Cllr Brabazon arrived during the discussion of the item, at 20:45hrs.

This report sets out the proposed fees for those licensing regimes where the Council has the power to set its own fees for 2019/20. The proposed fees will enable the Council to recover its costs in managing and administering these licensing regimes.

Daliah Barrett, Licensing Officer, introduced the report as set out.  Fees had increased by 2.6% across the board.

RESOLVED that

i.    The increases to the Council’s licensing fees and charges as set out in appendix A be approved, with effect from 1 April 2019; and

ii.  The street trading fees as shown in appendix 1 be approved for adoption.

All fees to be subject to a further public notice for the adoption.

The report is to advise the Committee of the new Animal Welfare Regulations which will change the existing licencing regime for animal establishments and seek approval for the fees to be charged underthe new regime.

Daliah Barrett, Licensing Officer, introduced the report as set out.  New regulations – Animal Welfare (Licensing of activities involving animals) (England) Regulations 2018 – were published earlier in 2018.  They significantly changed the way animal related businesses were inspected and licenced, and came into effect on 1 October 2018.  Page 19 of the report set out the proposed fees.

RESOLVED that the fee levels required to administer the new arrangements as set out in Appendix 1 be approved.

To consider any new items of urgent business admitted under agenda item 3 above.

None.

21 January 2019

21 January 2019