Agenda and minutes

To sign the minutes of the meeting held on 27 November 2012.

The minutes of the meeting held on 27 November 2012 were taken as read and signed by the Chair as a correct record.

Councillors are reminded of the need to declare any disclosable pecuniary interests that relate to business on the agenda and which have not already been included in the register of interests, before any discussion takes place on the item. Unless the interest is sensitive, you must also disclose the nature of the interest. In accordance with the Council's Code of Conduct, you must then leave the room and must not participate in any further discussion of the item.  Councillors requiring clarification should seek the advice of the Monitoring Officer prior to the day of the meeting.

No declarations of interest were made by Members.

To consider the report of the Assistant Director Environment.

(Report circulated)

The Assistant Director Environment presented the report seeking to proceed with a public consultation exercise in order to inform any revision of the current interim policy on sex establishments previously adopted by this Committee in July 2012. Members were asked to consider the proposed consultation questionnaire and confirm the timetable for considering responses from the consultation.

The Assistant Director Environment addressed the position with regard to an alternative questionnaire that had been circulated. He clarified the difficulties of replacing the published questionnaire wholesale and the need to protect the Council from legal challenge.

Members were updated on the background and consultation process. They were advised that the questionnaire had been modelled on one used by the City of London where expert legal advice had been sought. The Council needed to have a robust policy that was defendable to challenge.

The Assistant Director Environment advised of the discretionary grounds and that further work would be undertaken with the Community Consultation Officer and Equalities and Diversity Officer to ensure that the questionnaire was in plain English and the equalities questions were in line with those usually used on Council forms. He reported that ground 5 would be amended to read: The grant of the licence would be inappropriate having regard to the character of the neighbouring properties.

Members were circulated with an extensive list of organisations to be consulted.

In response to Members, the Assistant Director Environment clarified the following:

• if Members were aware of other organisations which they feel should be consulted please inform officers
• this consultation was not a referendum; the responses would be brought back to the Licensing Committee for consideration
• the details regarding name/address/phone number should help to deter people from filling out multiple questionnaires;
• expert legal advice from Philip Kolvin QC had been sought on the need for the consultation process
• the final decision on the policy would be made by this Committee
• the questionnaire contained questions on the locality and the neighbourhood (grounds four and five, questions ten and twelve)
• an Equality Impact Assessment was not required, however, due regard to the duties under the Equality Act 2010 had been taken in relation to the consultation

During discussion, Members raised the following points:

• need to ensure that the questionnaire was in plain English
• concern regarding the use of the word locality
• should the layout be changed to include the preamble before each relevant question
• why were the views expressed on grounds of morality not to be included?

The Chair advised that any amendments, including the use of plain English, could be undertaken by officers in consultation with the Chair of Licensing Committee.

The Assistant Director Environment informed Members that the consultation needed to cover all sex establishments, as the interim policy applied to all such.

The Licensing Solicitor clarified that an Equality Impact Assessment would be provided when the draft policy was brought back to the Committee in July. Locality was a term not defined in the legislation and was intended to afford  ...  view the full minutes text for item 3.

To consider the report of the Assistant Director Environment.

(Report circulated)

The Principal Licensing Officer presented the report informing the Licensing Committee of proposed changes to the Licensing Act 2003 and advising on the potential impact this new legislation would have when in place.

Members were updated on the background, the proposals for deregulation, suspension of licensing between 0800 hours and 2300 hours and exemptions.

RESOLVED that the report be noted.

(Report circulated)

To pass the following resolution:

RESOLVED that, under Section 100A (4) of the Local Government Act 1972, the press and public be excluded from the meeting for item 7 on the grounds that it involves the likely disclosure of exempt information as defined in paragraphs 1 and 2 of Part I of Schedule 12A of the Act.

RESOLVED that, under Section 100A (4) of the Local Government Act 1972, the press and public be excluded from the meeting for the consideration of the following item on the grounds that it involved the likely disclosure of exempt information as defined in Paragraphs 1 and 2 of Part I, Schedule 12A of the Act.

To consider the report of the Assistant Director Environment.

(Report circulated to Members)

Councillor Payne clarified his position with regards to the objector.

The Principal Licensing Officer reported that Mr AK had applied for a consent to street trade for a period of three months in Hele Road (outside Exeter College) Exeter. He would be selling hot dogs from a traditional mobile hot dog vending cart.  The dimensions of the cart were 150cm wide, 150cm in length and 140cm in height. The hours requested for trading would be Monday to Friday during the opening hours of Exeter College.

Mr L (representing Mr AK) attended the meeting and spoke in support of the application.

Mr S attended and spoke objecting to the application.

Councillor Prowse spoke raising concerns regarding the application.

The Licensing Committee retired to make its decision.

RESOLVED that consent be granted as applied for, for a period of three months.

(Report circulated to Members)