LICENSING AND APPEALS COMMITTEE Minutes of a meeting of the Licensing and Appeals Committee held at 10.00 am on 2 April 2012 in the Council Chamber, Council Offices, Holt Road, Cromer. Members Present: Mrs A Claussen-Reynolds Mrs A Green Mr B J Hannah Mr P W High Mr B Jarvis Miss B Palmer Mr R Price (Chairman) Mr R Reynolds Mr R Shepherd Mr B Smith Mrs A C Sweeney Mrs H Thompson Mr J Wyatt Officers in attendance: The Licensing Manager, the Legal Advisor, and the Democratic Services Team Leader (MMH). 37 APOLOGIES FOR ABSENCE Apologies were received from Mrs P Grove-Jones. 38 PUBLIC QUESTIONS None received. 39 40 DECLARATIONS OF INTEREST Member(s) Minute No. Item Interest Mr R C Price 40 Licensing Fees for 2012/13 – Animal Welfare Licences Personal and nonprejudicial –is a dog owner and patronises kennels in North Norfolk. Mrs H Thompson 40 Licensing Fees for 2012/13 – Animal Welfare Licences Personal and nonprejudicial – patronises a horse riding establishment in North Norfolk. LICENSING FEES FOR 2012/13 – ANIMAL WELFARE LICENCES On 26 March 2012 Members had agreed fee revisions for Taxi Driver, Vehicle and Operator Licences but had not reached consensus about revised fees for Animal Welfare Licences, Members considering that the proposed increases were too great. The meeting had, therefore, been adjourned and re-convened on 2 April 2012. Since the meeting of 26 March 2012 the Licensing Manager had produced a breakdown of costs which had been attributed to animal welfare licences in 2011/12. This had been provided to Members. A table showing the current fees in other councils in Norfolk had also been provided. Licensing and Appeals Committee 2 April 2012 LICENSING FEES FOR 2012/13 – ANIMAL WELFARE LICENCES (Continued) The NNDC breakdown included the significant cost of 2 Hearings concerning Animal Establishments. This had a bearing on the proposed fees, if cost neutrality was to be achieved. Although it could be argued that 2011/12 had not been a typical year there could be similar circumstances in the future. The Licensing Manager advised Members that they might wish to recommend incremental increases to Full Council, but this would mean that the Council’s costs would not be covered. Members discussed the proposed fees: a) There was a legal requirement that Animal Establishments should be licensed annually but there were different regulations for zoos. b) A question was asked regarding home boarding. The Licensing Manager explained that, unlike a kennels, a home boarding arrangement meant that a dog was being looked after in a dwelling. Officers inspected the home to ensure that it was a suitable environment. Registration was necessary if home boarding was being offered as a business. c) Charity establishments: these did not need to be licensed as the animals were owned by the charity. d) In response to a Member’s question the Licensing Manager explained that he had only been able to ascertain the fee for Animal Boarding at Great Yarmouth Borough Council. He had been unable to find out the fees for the other types of licence. Breckland had done a similar exercise to NNDC to establish the whole cost of Animal Welfare licensing. That was why their fees were uniform and significantly higher. e) In response to a question the Licensing Manager explained that a Dog Breeding Establishment was defined by the nature of its operation. Officers regularly investigated queries from the public regarding this issue. f) Garden centres which sold mammals and birds required a Pet Shop licence. Some pet shops had a licence although they rarely needed one and might reflect before renewing it in the future. g) It was not possible to vire money from an underspend on street signs to subsidise Animal Welfare Licensing. To avoid challenge the Council needed to demonstrate that its activities were profitable. h) In response to a question the Licensing Manager said that there were more overheads from other types of Licensing than from Animal Welfare. This was because of paperwork, telephone calls etc. In previous years there had been little legal input into Animal Welfare licensing but this had changed recently because of the two Hearings. The only aspect of Animal Licensing which was not provided in-house was the veterinary inspection, but this was re-charged to the applicant. i) Mr P W High said that he would not support the fees proposed in the officer’s report of 26 March 2012. He asked Members to consider having a uniform, but reasonable, fee for all types. j) Mr R Reynolds agreed that the activity should not be subsidised and suggested banding the fees. Mrs H Thompson agreed with this and suggested that the increase should be incremental over a number of years. Mr B J Hannah suggested a uniform fee of £125 with review next year when the Licensing Manager would have had more opportunity to prepare a breakdown. Mr P W High seconded this. k) The Chairman said that he thought there was a consensus that the activity should be cost neutral but that the proposed increase was too high, especially as some businesses would have lower levels of occupancy during the winter months. He advised Members, when making their decision, to recommend that cost neutrality Licensing and Appeals Committee 2 April 2012 LICENSING FEES FOR 2012/13 – ANIMAL WELFARE LICENCES (Continued) l) m) n) o) p) q) would be achieved, if not now then within the lifetime of the present Licensing and Appeals Committee. Banding was further discussed at this stage and the following groupings were suggested: • Animal Boarding, Dog Breeding Establishments and Pet Shops: businesses which were potentially profitable but with unknown returns. • Zoos and Riding Establishments: businesses which were potentially profitable with a specified charge to the customer. • Dangerous Wild Animals: could be part of a business or could be a pet. Mr B Jarvis, seconded by Mr R Reynolds, suggested doubling the existing fees, but Mr B Smith urged that there should be one charge across each band to avoid complicating matters and increasing administration charges. The Licensing Manager would discuss a suggestion regarding payment by Direct Debit with the Finance team. He believed that legislation required licensing fees to be paid in advance. Members voted on the proposals regarding methods of charging. The proposal to retain the banding was agreed but the proposal to have a flat fee of £125 was lost. The fees for each band were voted on one by one and agreed unanimously. When the revised fees were notified to applicants a sentence should be included to explain that the increase was regretted but was necessary to cover costs, to explain that this was subject to review and that the eventual aim was to achieve cost neutrality. The Licensing Manager would draft a letter to central government advocating the return of dog licences and urging compulsory chipping. RESOLVED To recommend to Full Council: 1. To retain a banding system for Animal Welfare Licences for a period of one year, after which time it will be reviewed. 2. That the three bands and charges are as follows: a) Animal Boarding, Dog Breeding Establishments and Pet Shops £110.00 per annum. b) Dangerous Wild Animals £145.00 per annum. c) Zoos and Riding Establishments £155.00 per annum 3. To increase the cost of Animal Welfare Licences annually by increments with the aim of achieving cost neutrality within the lifetime of the present Licensing and Appeals Committee. 41 TO RECEIVE UPDATES ON MEMBERS’ TASK AND FINISH GROUPS The work on Taxi Licensing had taken a significant amount of time. The other 2 groups had met. Progress had been slower but now could move forward. Members agreed that the work was important and should proceed. Some charity collections, in particular, were currently causing concern to residents and reflection was needed on public protection, especially for the vulnerable. Licensing administrators would reagenda the meetings and notify the schedule to Members. The meeting closed at 11.30 am. _____________________ Chairman Licensing and Appeals Committee 2 April 2012