Agenda and minutes

Venue: Council Chamber, - Swale House. View directions

Contact: Democratic Services, 01795 417330 

Items
No. Item

118.

Emergency Evacuation Procedure

The Chairman will advise the meeting of the evacuation procedures to follow in the event of an emergency. This is particularly important for visitors and members of the public who will be unfamiliar with the building and procedures.

 

The Chairman will inform the meeting whether there is a planned evacuation drill due to take place, what the alarm sounds like (i.e. ringing bells), where the closest emergency exit route is, and where the second closest emergency exit route is, in the event that the closest exit or route is blocked.

 

The Chairman will inform the meeting that:

 

(a) in the event of the alarm sounding, everybody must leave the building via the nearest safe available exit and gather at the Assembly points at the far side of the Car Park. Nobody must leave the assembly point until everybody can be accounted for and nobody must return to the building until the Chairman has informed them that it is safe to do so; and

 

(b) the lifts must not be used in the event of an evacuation.

 

Any officers present at the meeting will aid with the evacuation.

 

It is important that the Chairman is informed of any person attending who is disabled or unable to use the stairs, so that suitable arrangements may be made in the event of an emergency.

 

 

 

Minutes:

The Chaiman ensured that those present were aware of the emergency evacuation procedure.

119.

Minutes

To approve the Minutes of the Meeting held on 19 April 2018 (Minute nos. 620 – 627) as a correct record, and to accept the minutes of the following Licensing Sub-Committees:

 

1 May 2018 11.30am (Minute Nos. 641 – 644)

8 May 2018 10am (Minute Nos. 645 – 649)

8 May 2018 11.30am (Minute Nos. 650 – 654)

28 June 2018 10am (to follow)

Minutes:

The Minutes of the Meeting held on 19 April 2018 (Minute Nos. 620 – 627) were taken as read, approved and signed by the Chairman as a correct record.

 

The Licensing Sub-Committees held on 1 May 2018 11.30am (Minute Nos. 641 – 644), 8 May 2018 10am (Minute Nos. 645 – 649), 8 May 2018 11.30am (Minute Nos. 650 – 654) and 28 June 2018 (Minute Nos. 85 – 88) were taken as read, approved and signed by the Chairman as a correct record.

120.

Declarations of Interest

Councillors should not act or take decisions in order to gain financial or other material benefits for  themselves or their spouse, civil partner or person with whom they are living with as a spouse or civil partner.  They must declare and resolve any interests and relationships.

 

The Chairman will ask Members if they have any interests to declare in respect of items on this agenda, under the following headings:

 

(a)          Disclosable Pecuniary Interests (DPI) under the Localism Act 2011.  The nature as well as the existence of any such interest must be declared.  After declaring a DPI, the Member must leave the meeting and not take part in the discussion or vote.  This applies even if there is provision for public speaking.

 

(b)          Disclosable Non Pecuniary (DNPI) under the Code of Conduct adopted by the Council in May 2012.  The nature as well as the existence of any such interest must be declared.  After declaring a DNPI interest, the Member may stay, speak and vote on the matter.

 

(c)          Where it is possible that a fair-minded and informed observer, having considered the facts would conclude that there was a real possibility that the Member might be predetermined or biased the Member should declare their predetermination or bias and then leave the room while that item is considered.

 

Advice to Members:  If any Councillor has any doubt about the existence or nature of any DPI or DNPI which he/she may have in any item on this agenda, he/she should seek advice from the Monitoring Officer, the Head of Legal or from other Solicitors in Legal Services as early as possible, and in advance of the Meeting.

 

Minutes:

No interests were declared.

121.

Public Session

The Council operates a scheme of public speaking at meetings of the General Licensing Committee.  Requests to speak at the meeting must be registered by Democratic Services by 4.30pm on Friday 6 July 2018 and must be related to an item on the Agenda.  Each speaker has a maximum of three minutes to speak.

Minutes:

The Chairman advised that no requests to register to speak had been received.

122.

Draft Gambling Policy pdf icon PDF 73 KB

To consider the draft Gambling Policy.

Additional documents:

Minutes:

The Licensing Officer introduced the report which sought Members’ views on the draft Gambling Act Statement of Principles prior to consultation and formal adoption.  She reminded Members that the document would be considered by the Policy Development and Review Committee on 18 July 2018 before being brought back to a future General Licensing Committee meeting with consultation responses to consider, and then finally would be considered by Full Council for adoption.

 

The Licensing Officer advised that the Gambling Act specified that the Statement of Principles must be reviewed at three yearly intervals and this edition would run between 1 February 2019 and 31 January 2022.  She stated that the Statement had been prepared using the model template recommended by the Gambling Commission and spoke of the issues that operators must consider when preparing their risk assessments, as shown on pages 23 – 24 of the Agenda. 

 

The Licensing Officer said that a Local Area Profile, which identified risk to any gambling related harm, could be incorporated into the Statement of Principles or published separately and the preferred option would be a separate document as it could be managed more efficiently.

 

Finally, the Licensing Officer drew Members’ attention to the proposed wide consultation and explained that suggested amendments would be considered at a future General Licensing Committee meeting.

 

A Member welcomed the wide consultation.

 

On being put to the vote, Members agreed the following.

 

Resolved:

 

(1)    That the contents of the report be noted and officers proceed with the review process.  

(2)    That officers undertake an eight week consultation on the proposed revised Statement of Principles for Gambling 2019 – 2022, as attached as Appendix I of the report.

(3)   That after the conclusion of the consultation period, Members consider a further report to consider any comments made, prior to formally recommending the revised Statement of Licensing Principles for Gambling for adoption by Full Council.

123.

Draft Sex Establishments Policy pdf icon PDF 70 KB

To consider the draft Sex Entertainments Policy.

Additional documents:

Minutes:

The Licensing Officer introduced the report which sought Members’ views on the draft Sex Establishments Policy, prior to consultation and formal adoption.  She gave a history on the regulation of sex establishments and advised that Swale Borough Council developed a Sex Establishment Policy which was adopted and implemented in 2011. 

 

The Licensing Officer drew attention to page 85 of the Agenda, advised that the Sex Establishment Policy had been expanded to bring it in line with most other sex establishment polices in Kent and said that the policy was a robust document which gave guidance to Licence applicants.  She added that it outlined the grounds which the licensing authority would consider in objections to applications.

 

The Licensing Officer explained the criteria under which a licensed premises could operate sex entertainment events, and advised that the consultation would run from 16 July 2018 to 7 September 2018.  She advised that any suggested amendments to the Policy arising out of the consultation would be considered at a future General Licensing Committee Meeting.

 

In response to a question from a Member, the Licensing Officer clarified the consultation methods.

 

On being put to the vote, Members agreed the following.

 

Resolved:

 

(1)   That the draft Sex Establishments policy attached as Appendix II to the report be considered in the formal consultation.

(2)   That delegated authority be given to the Resilience and Licensing Manager to make any changes to the draft policy if Members requirements prior to consultation.

124.

Scrap Metal Dealers Policy pdf icon PDF 68 KB

To consider the final Scrap Metal Dealers Policy.

Additional documents:

Minutes:

The Licensing Officer introduced the report which set out the feedback received on the Scrap Metal Dealers Policy consultation and recommended adoption of the policy.  She advised that no comments were received, which was in line with other authorities who had adopted a Scrap Metal Dealers Policy.

 

On being put to the vote, Members agreed the following.

 

Resolved:

 

(1)   That the Scrap Metal Dealers Policy as set out in Appendix I to the report be adopted.

125.

Taxi Tariff -consultation results pdf icon PDF 112 KB

For decision on the Taxi tariff and review period.

Additional documents:

Minutes:

The Licensing Officer introduced the report which outlined the options available when setting the level of fares for licensed Hackney Carriages operating within Swale and sought Members’ preferred option and timescales for future tariff reviews.

 

The Licensing Officer explained that the three options proposed were decided by taking into account the rate of inflation as at 2.9 of the report, benchmarking with other Local Authorities as shown in Appendix VII and feedback from the meeting with the taxi trade on 24 April 2018.  He added that the options survey was presented to the taxi trade via Survey Monkey between 4 June 2018 to 22 June 2018 and there were 77 respondents.  The Licensing Officer highlighted the results at 5.3 on page 150 of the Agenda and drew attention that the most popular increase was the highest cost across a 2 mile journey at £7 which would result in Swale being the most expensive in Kent, along with Dartford and Tunbridge Wells.

 

In the debate that followed, Members raised the following points:

 

·         There had been fuel increases since the last tariff increases but there had been recent fuel cost reductions;

·         fuel prices were lower than when the last increase was set;

·         the taxi trade’s preferred option was fair.

·         the taxi trade’s preferred option was high in comparison to other areas; and

·         the taxi trade’s preferred option would make Swale the 8th highest level set in the country, up from 87th.

 

The Licensing Officer clarified that the level set was the maximum that could be charged and the tariff could be reduced in future if appropriate.  She reminded Members that there was an option to keep the tariff as it was.

 

There was a discussion around annual and two-yearly reviews of the taxi tariff.

 

On being put to the vote, Members agreed the following.

 

Resolved:

 

(1)    That the level of increase to the taxi tariff be set as detailed in Option 2, to increase the flat rate to £3.00, change the fall to £0.10 every 87 yards (80 metres) or uncompleted part thereof and amend the waiting time to £0.35 for every 1 minute or uncompleted part thereof equivalent to £6.80 for a 2 mile journey as in Appendix V.

(2)   That the Licensing Team be authorised to proceed with Option 2 and complete the tariff setting process in the minimum timeframe allowed by legislation.

(3)  That Members review the timescale for future taxi tariff reviews every 2 years.