Agenda and minutes

To confirm the appointment of Cllr Simon Inchbald as Chairman of the Licensing and Regulatory Committee for the Council Year 2015/16.

RESOLVED  that Cllr Simon Inchbald be confirmed as Chairman of the Committee for the Council Year 2015/16.

To confirm the appointment of Cllr Patricia Ellis as Vice-Chairman of the Licensing and Regulatory Committee for the Council Year 2015/16.

RESOLVED  that Cllr Patricia Ellis be confirmed as Vice-Chairman of the Committee for the Council Year 2015/16.

To receive the minutes of the meeting held on 19 March 2015 (to be laid on the table half an hour before the meeting).

The Minutes of the Meeting held on 19 March 2015 were confirmed and signed.

To receive apologies for absence and to report any substitutions

Apologies for absence were received from Cllrs John Fraser, Mike Hodge, Anna James and Bob Upton.  Cllr Nick Williams attended as a substitute.

To receive from members declarations of interest in relation to any items included on the agenda for this meeting, in accordance with the Waverley Code of Local Government Conduct.

There were no interests declared.

Background Papers

Unless specified under an individual item, there are no background papers (as defined by Section 100D(5) of the Local Government Act 1972) relating to the reports in Part I of these minutes.

The designation of Bridge Street, Godalming as a Consent Street is subject to a Notice of Intention which expired on 30 June 2015.  No objections have been received and the Licensing and Regulatory Committee is requested to confirm the designation.

Recommendation

It is recommended to the Council that:

1.            pursuant to paragraph 2(1) of Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982, the following street in the Borough of Waverley be designated as a Consent Street: Bridge Street, Godalming (from the junction with The Burys to the north and Wharf Street and High Street to the south); and

2.         a public notice confirming this decision and specifying the commencement date of 28 August 2015 be published accordingly.

6.1       The Licensing and Regulatory Committee, at its meeting on 19 March 2015, supported a request from Godalming Town Council to recommend the designation of Bridge Street, Godalming as a Consent Street for street trading purposes.  This was endorsed at the Council meeting of 14 April 2015.

6.2       Under the Local Government (Miscellaneous Provisions) Act 1982, a Notice of Intention was issued on 2 June 2015 informing of the intention to pass a resolution to designate Bridge Street.  The Notice was served, as required, on the Highways Authority and the Police.

6.3       The Notice of Intention stated: NOTICE IS HEREBY GIVEN that Waverley Borough Council’s Licensing and Regulatory Committee, at its meeting on Thursday 16 July 2015, intends to pass a resolution in the terms of the following draft resolution:-

 “RESOLVED that pursuant to paragraph 2(1) of Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982, the following street in the Borough of Waverley be designated as a Consent Street: Bridge Street, Godalming (from the junction of The Burys to the north and Wharf Street and High Street to the south).”

6.4       If so resolved, a further public notice confirming the resolution and the date of effect must be published for two consecutive weeks in a local newspaper, giving a minimum of 28 days’ notice.  Assuming the process continues smoothly, the commencement date would be 28 August 2015.

6.5       The Notice of Intention allowed for representations to be received up to 30 June 2015.  The only representations received were from the Highways Authority and the Police.  The Highways response was received on 3 June 2015.  They commented that they can “see there is room fronting the Waitrose car park and [are] happy with the designation on the basis SCC Highways will be able to comment on individual applications as they come forward”.  Confirmation of this part of the process was sent to Highways by return.

6.6       The Police response was received on 4 June 2015, raising no objections. 

6.7       The Committee now

            RECOMMENDS that

1.         pursuant to paragraph 2(1) of Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982, the following street in the Borough of Waverley be designated as a Consent Street: Bridge Street, Godalming (from the junction with The Burys to the north and Wharf Street and High Street to the south); and

2.         a public notice confirming this decision and specifying the commencement date of 28 August 2015 be published accordingly.

The purpose of the report is to enable the Council to consider proposed amendments to the Street Collection guidelines against which applications for such collections will be considered. The Council’s Street Collection guidelines were originally approved on 13 February 2002 and amended on 27 May 2010.

Recommendation

It is recommended that the Licensing and Regulatory Committee considers the proposed amendments to the Guidelines for the Grant of Street Collections in Waverley and makes the appropriate recommendation to the Council.

7.1       Waverley  Borough Council regulates charitable collections in the street. The Council has delegated to its officers the authority to consider and determine applications for street collections, subject to its guidelines, a copy of the current guidelines with proposed amendments added in red are attached at Annexe 1.

7.2       The first of these guidelines states:

The Council will usually permit four collections only per year by any individual or organisation applying.

7.3       The Licensing (General Purposes) Sub-Committee interprets and applies policy and may deviate from policy in exceptional circumstances/ for compelling reasons.  Having received an application from ‘Go-Godalming’ to collect at the Bandstand on fourteen separate occasions, officers requested that the Licensing (General Purposes) Sub-Committee sitting on Monday 22 June 2015 consider the application.

7.4       The series of events that gave rise to the ‘Go-Godalming’ application that were  considered by the Sub-Committee on the 22 June 2015 were a repeat of similar annual programmes which have been held for each of the last nine years.  The Sub-Committee felt that they could not be described as exceptional.  The Sub-Committee felt that it did not have the power to sanction what had become a routine exception to policy. If such an extensive series of events were to be authorised, the Committee felt that this could only be done following an amendment to the policy and the Committee agreed to ask the Licensing and Regulatory Committee to consider making a recommendation to the Council that the policy be amended.

7.5       The decision of the Sub-Committee was as follows:-

                        “The Sub-Committee RESOLVED to grant permission for the next three concerts on 28 June, 5 and 19 July.   The Sub-Committee gave conditional approval to the following dates 26 July, 9, 16, 23 and 30 August and 6 and 13 September subject to them being consistent with an amended Policy by the Council.  However, if the amended policy required changes to printed promotional material, the Sub-Committee would grant exemption for this year only.”

7.6       The recommended amendments to the policy would be to add an additional guideline, No.14,  which would state:

14.       In the event that a collection is requested for a series of community events (between 5 and 20 events) that take place in a public place, other than in the town or village centre, the Head of Policy and Governance in consultation with the Chairman and Vice-Chairman of the Licensing and Regulatory Committee, will be authorised to issue street collection permits, subject to the following conditions being met:-

•           The primary purpose of the series of events is to provide entertainment for the community.  The collection of funds shall be incidental to the event.

•           Collections made should be to contribute to the cost of staging the event and/or to raise funds for charitable purposes (incidental to the event)

•           The organiser of the events cannot include, as part of the costs of staging the event, a payment in any form to him or herself other than to pay for specific costs incurred  ...  view the full minutes text for item 7.

The background papers relating to the following items are as set out in the reports included in the original agenda papers.

The proposed protocol formalises the decision-making process for Scrap Metal Licence applications and identifies the steps to take where decisions may be contentious.  This protocol will need to be ratified as an Executive function.

Recommendation

That the Waverley Borough Council Decision-Making Protocol for Scrap Metal Dealers Licensing be recommended to the Executive for endorsement.

RESOLVED  that the Waverley Borough Council Decision-Making Protocol for Scrap Metal Dealers Licensing be recommended to the Executive for endorsement.

To receive the Minutes of the Meetings of the Licensing (General Purposes) Sub-Committee held on 19 March and 22 June 2015.

Recommendation

It is recommended that the Minutes of the Meetings of the Licensing (General Purposes) Sub-Committee held on 19 March and 22 June 2015 be noted.

RESOLVED  that the Minutes of the Meetings of the Licensing (General Purposes) Sub-Committee held on 19 March and 22 June 2015 be noted.

To receive the Minutes of the Meetings of Licensing Sub-Committee A held on 30 March 2015 and of Licensing Sub-Committee B held on 13 April 2015.

Recommendation

It is recommended that the Minutes of the Meetings of the Licensing Act 2003 Sub-Committee A held on 30 March 2015 and Sub-Committee B held on 13 April 2015 be noted.

RESOLVED  that the Minutes of the Meetings of the Licensing Act 2003 Sub-Committee A held on 30 March 2015 and Sub-Committee B held on 13 April 2015 be noted.