Please Contact: Linda Yarham
Please email: Linda.yarham@north-norfolk.gov.uk
Please Direct Dial on: 01263 516019
24 April 2014
A meeting of the Licensing and Appeals Committee of North Norfolk District Council will be held
in the Council Chamber, Council Offices, Holt Road, Cromer on Wednesday, 7 May 2014 at
10.00 a.m.
At the discretion of the Chairman, a short break will be taken after the meeting has been running
for approximately one and a half hours.
Members of the public who wish to ask a question or speak on an agenda item are requested to
arrive at least 15 minutes before the start of the meeting. It will not always be possible to
accommodate requests after that time. This is to allow time for the Committee Chair to rearrange
the order of items on the agenda for the convenience of members of the public. Further information
on the procedure for public speaking can be obtained from Democratic Services, Tel: 01263
516010, Email: democraticservices@north-norfolk.gov.uk
Sheila Oxtoby
Chief Executive
To: Mrs A Claussen-Reynolds, Mrs H Cox, Mrs A R Green, Mrs P Grove-Jones, Mr B Hannah, Mr
P W High, Mr B Jarvis, Mr P Moore, Miss B Palmer, Mr R Price, Mr R Reynolds, Mr R Shepherd,
Mr B Smith, Mrs A C Sweeney, Mr J A Wyatt.
All other Members of the Council for information.
Members of the Management Team, appropriate Officers, Press and Public.
If you have any special requirements in order to attend this meeting,
please let us know in advance
If you would like any document in large print, audio, Braille, alternative format
or in a different language please contact us
Chief Executive: Sheila Oxtoby
Corporate Directors: Nick Baker & Steve Blatch
Tel 01263 513811 Fax 01263 515042 Minicom 01263 516005
Email districtcouncil@north-norfolk.gov.uk Web site northnorfolk.org
AGENDA
1.
TO RECEIVE APOLOGIES FOR ABSENCE
2.
PUBLIC QUESTIONS
3.
MINUTES
(attached – page 1)
To approve as a correct record, the minutes of the meeting of the Licensing and Appeals
Committee held on 13 January 2014 and also the minutes of the meeting of the Licensing
Sub-Committees held on 22 January, 25 February, 26 and 28 March 2014.
4.
ITEMS OF URGENT BUSINESS
To determine any other items of business which the Chairman decides should be
considered as a matter of urgency pursuant to Section 100B(4)(b) of the Local Government
Act 1972.
5.
DECLARATIONS OF INTEREST
Members are asked at this stage to declare any interests that they may have in any of the
following items on the agenda. The Code of Conduct for Members requires that
declarations include the nature of the interest and whether it is a disclosable pecuniary
interest.
6.
LICENSING FEES AND CHARGES POLICY
Summary:
(attached - page 26)
(Appendix A - page 27)
This report seeks adoption of a new policy
covering the setting of fees and charges for
the licensing function
Conclusions:
7.
Recommendations:
That Members agree the proposed fees and
charges policy in respect to licensing and
recommend adoption to Full Council
Cabinet member(s):
Councillor John Lee
Licensing Committee Chairman
Councillor Richard Price
Ward(s) affected:
All
Contact Officer, telephone number,
and e-mail:
Chris Cawley 01263 516252
Chris.cawley@north-norfolk.gov.uk
(attached - page 32)
CARAVAN SITE LICENSING FEES
Summary:
This report updates Members on action in
hand and aspects of fee setting in respect of
the new law.
Conclusions:
Recommendations:
That Members agree the proposed fees and
recommend adoption to Full Council
Cabinet member(s):
Ward(s) affected:
8.
Councillor John Lee
Licensing Committee Chairman
Councillor Richard Price
All
Contact Officer, telephone number,
and e-mail:
Chris Cawley 01263 516252
Chris.cawley@north-norfolk.gov.uk
LICENSING POLICY for SEX ESTABLISHMENTS
Summary:
(attached - page 34)
(Appendix B – page 36)
This report outlines consultation and feedback
on adoption of a policy for the consideration
of, processing and determination of
applications for sex establishment licences
Conclusions:
9.
Recommendations:
That Members agree the final policy and
recommend adoption by Full Council
Cabinet member(s):
Councillor John Lee
Licensing Committee Chairman
Councillor Richard Price
Contact Officer, telephone number,
and e-mail:
Ward(s) affected:
All
Chris Cawley 01263 516252
Chris.cawley@north-norfolk.gov.uk
UPDATE ON GENERAL LICENSING ISSUES
The Licensing Manager will give an oral update on licensing issues.
10.
TO REVIEW THE MEMBERS’ TASK AND FINISH GROUPS
11.
EXCLUSION OF PRESS AND PUBLIC
To pass the following resolution, if necessary:
“That under Section 100A(4) of the Local Government Act 1972 the press and public be
excluded from the meeting for the following items of business on the grounds that they
involve the likely disclosure of exempt information as defined in paragraph _ of Part I of
Schedule 12A (as amended) to the Act.”
12.
TO CONSIDER ANY EXEMPT MATTERS ARISING FROM CONSIDERATION OF THE
PUBLIC BUSINESS OF THE AGENDA
Agenda item ___3_____
LICENSING AND APPEALS COMMITTEE
Minutes of a meeting of the Licensing and Appeals Committee held at 10.00 am on 13
January 2014 in the Council Chamber, Council Offices, Holt Road, Cromer.
Members Present:
Mrs A Claussen-Reynolds
Mrs H Cox
Mrs A Green
Mr P W High
Mr P W Moore
Miss B Palmer
Mr R Price (Chairman)
Mr R Reynolds
Mr R Shepherd
Mr B Smith
Mrs A C Sweeney
Mr J Wyatt
Officers in attendance:
The Licensing Manager, the Legal Advisor, and the Regulatory
Officer.
Customer Services Advisor (observing)
18
APOLOGIES FOR ABSENCE
Mrs P Grove-Jones, Mr B Jarvis and Mr B Hannah sent their apologies.
19
PUBLIC QUESTIONS
None received.
20
MINUTES
The minutes of the meeting of the Licensing and Appeals Committee held on 11
November 2013 and also the minutes of meetings of the Licensing Sub-Committees
held on 22 October, 26 November and 17 December 2013 were approved as correct
records and signed by the Chairman.
21
ITEMS OF URGENT BUSINESS
None.
22
DECLARATIONS OF INTEREST
None.
23
CHANGES TO LAW ON CARAVAN SITE LICENSING
The Licensing Manager presented the report, which outlined the implications for the
Council in respect of the new law. The purpose of the law was to clarify tenancy
issues where caravans were occupied as main dwellings. Much of the Act related to
civil matters, however there were changes which affected the licensing framework.
The Council would be granted new powers to control residential sites, allowing it to
intervene where sites were badly managed or maintained and to require works to be
carried out prior to transfer of ownership taking place, or within a given timescale. If
works were not carried out the Council would be able to carry out works in default
Licensing and Appeals Committee
1
13 January 2014
and recover its costs. The Council would also be able to charge a fee to monitor the
site in the future.
The Licensing Manager and Legal Advisor answered Members’ questions.
a) The new legislation would affect approximately one quarter of the 166 caravan
sites in North Norfolk.
b) ‘Residential caravan sites’ also applied to sites where a manager lived on site all
year round.
c) Currently, most complaints which were received from tenants were civil matters
which the Council could not address. The new legislation would change the
balance.
d) Mr R Shepherd asked if there would be checks as to whether the occupiers were
paying Council tax. The Licensing Manager stated that work was needed to
establish whether tenancies were residential. Council tax would be able to follow
the matter through.
e) Mr P Moore referred to land use issues regarding established use and asked
whether the legislation would cover one caravan in a field. The Licensing
Manager stated that the full implications of the legislation had yet to be
considered. However, it was a question of the nature of the use rather than size
and provided a caravan was being used as a main residence it would be caught
by the legislation. The Council needed to work with parishes to ascertain
whether there were other caravans in residential use which the Council was not
aware of.
f)
Mr Moore asked if the Council could take action against itself with regard to sites
it owned, and if not, how could it take action against others. He also asked if the
Council’s establishment would need to increase to deal with the legislation.
The Licensing Manager stated that there was a potential conflict of interest which
needed to be revisited. Some authorities had disposed of their stock. As the
current landlord, the Council should be seen as moving towards best practice.
The Legal Advisor stated that the Council could not prosecute itself. The
Chairman stated that Cabinet needed to consider this matter as soon as possible.
g) Powers under the new legislation were draconian and fines were unlimited.
h) There was an anomaly in the number of caravan sites quoted in the report. The
Licensing Manager stated that there was a minimum of 116 sites in North Norfolk
and understood the higher figure of 166 included Caravan Club sites. This would
need to be checked and detailed research was needed as to the location of all
sites, with the assistance of local intelligence from Members and Parish Councils.
i)
Fees could not be set until guidance was received from the Government. It was
understood that this guidance was imminent but the timescale for setting fees
could be tight.
j)
Mr R Reynolds raised the question of inspections and duty of care. The
Licensing Manager stated that the legislation did not include a statutory duty to
inspect caravan sites, however best practice would require more effective
monitoring. The key issue under caravan site licensing was fire safety. The law
had changed in recent years placing greater liability on the landowner
Licensing and Appeals Committee
2
13 January 2014
undertaking a risk assessment. This matter could be considered further once a
fee structure was in place.
k) Generally, if the Council was paid a fee for an additional service then resources
had been put in, otherwise if it was taxpayer funded the policy had been not to
divert resources towards it. A number of complaints had been received over the
years with regard to caravan sites which had been investigated, but no pro-active
monitoring had taken place.
l)
Miss B Palmer referred to a Council-owned site in her Ward about which a
number of health and safety concerns had been raised by residents over many
years. She asked how many sites the Council owned.
The Licensing Manager stated that there was no definitive up-to-date list of sites.
It was potentially a significant project and a proposal needed to be brought to the
Committee and/or Cabinet for this work.
The issues raised by Miss Palmer were not within the remit of the Committee, but
as they had been brought to the Committee’s attention it was RESOLVED that
the Chairman would raise the issues formally with the relevant Portfolio Holder.
24
UPDATE ON GENERAL LICENSING ISSUES
Body Piercing
New byelaws had been sealed by the Council and would come into force on 1 April
2014. They would be published on the Council’s website and submitted to the Hom e
Office in the next few weeks.
Sex Establishments
The consultation period for the new policy had commenced. No responses had been
received to date. The matter was due for reconsideration at the meeting of the
Committee to be held on 10 March 2014, with adoption of a formal policy anticipated
on 1 April 2014.
Scrap Metal Dealers
The majority of major scrap yards were now licensed. Eight applications had been
received from itinerant collectors, which was considerably fewer than had historically
operated. This appeared to be a trend amongst neighbouring authorities.
In response to a question by Mrs A Green, the Licensing Manager stated that the
owner of scrap metal being offered for collection had to satisfy themselves that the
collector was licensed. Scrap collectors also had a duty to seek proof of identity from
the person offering the scrap. The scrap had to be itemised and an agreement
signed by both the collector and owner. No cash transactions could take place.
Mr R Reynolds added that identification had to be photographic.
Training
Mr P Moore was awaiting training to enable him to hear cases at the Licensing SubCommittee. It was agreed that this training would be open to any other member of
the Licensing and Appeals Committee to attend as a refresher.
Licensing and Appeals Committee
3
13 January 2014
Alcohol Licensing
There was no longer a need to consult when reviewing the Council’s policy on
alcohol licensing.
25
TO RECEIVE UPDATES ON MEMBERS TASK AND FINISH GROUPS
No Task and Finish Groups had met since the last meeting.
The Licensing Manager stated that Mrs Grove-Jones had raised an issue regarding
charity collections. A significant number of complaints and comments had been
received regarding this matter. He suggested that consideration of a policy to deal
with this issue be built into the future work programme, which would require
resources to enable it to progress.
It was agreed that the Chairman should write to the Portfolio Holder to request
resources and funding to progress this matter.
The meeting closed at 11.08 am.
___________________
Chairman
Licensing and Appeals Committee
4
13 January 2014
LICENSING AND APPEALS SUB-COMMITTEE
Minutes of a meeting of the Licensing Sub-Committee held on 22 January 2014
in the Council Chamber, Council Offices, Holt Road, Cromer at 10.00 am.
Sub-Committee
Mr R Price (Chairman)
Mrs A Claussen-Reynolds
Mrs A R Green
Officers in Attendance:
Legal Advisor, Licensing Manager and Regulatory Officer
Customer Services Advisor (observing)
1
APOLOGIES
None received.
2
ITEMS OF URGENT BUSINESS
None received.
3
DECLARATIONS OF INTEREST
None received.
Councillor Mrs A Claussen-Reynolds stated that one of the applicants was
from her local area but she did not know him.
4
EXCLUSION OF PRESS AND PUBLIC
RESOLVED
That under Section 100A(4) of the Local Government Act 1972 the press
and public be excluded from the meeting for the following items of
business on the grounds that they involve the likely disclosure of
exempt information as defined in paragraph 1 of Part I of Schedule 12A
(as amended) to the Act.
5
APPLICATION FOR A LICENCE TO DRIVE HACKNEY CARRIAGE OR
PRIVATE HIRE VEHICLES IN NORTH NORFOLK (WK/130044649)
Present: Applicant
The Chairman introduced the Sub-Committee and Officers. The Legal
Advisor outlined the procedure to be followed. She explained that, after
hearing the representations on this matter, the Sub-Committee would retire to
make its decision. She would accompany the Sub-Committee to provide legal
advice and assistance in formulating its reasons but would not take part in
making the decision.
The Licensing Manager stated that the applicant had applied for a licence to
drive hackney carriage or private hire vehicles in North Norfolk. The
necessary checks had been carried out. The applicant had stated that the
offences committed were historic and had been domestic in nature. A
reference had been received from the applicant’s current employer which
Licensing Sub-Committee
22 January 2014
5
confirmed facts but did not offer an opinion as to the applicant’s suitability to
hold a licence. It was the practice of some firms not to do so.
The reference from the applicant’s current employer and his Disclosure and
Barring Service report was passed to the Sub-Committee.
The Chairman invited the applicant to put his case.
The applicant explained the circumstances of his offences, which involved
former partners who had cheated on him. In the first instance, he had
telephoned his first former partner twice after being ordered not to contact
her. The second conviction arose after he had sent an email to his contacts
and did not realise that his second former partner was still on his contact list.
He explained that if an offence was committed if a person made contact twice
after being ordered not to do so.
The applicant stated that he had not expected to be made redundant from his
former job after the Company was taken over. He had now been working for
his current employer for 18 months, which involved driving pupils to a special
school, which he enjoyed.
The applicant answered the Sub-Committee’s questions regarding his
previous employment and current personal circumstances.
The Sub-Committee retired at 10.21 am and returned at 10.26 am.
In answer to a question by the Chairman, the applicant confirmed that his
current job required a DBS disclosure and his employer had been satisfied
with it. Prior to his work transporting special needs children, he had
transported elderly people.
The Chairman stated that the Sub-Committee accepted that the applicant’s
last conviction was almost 10 years ago and in his previous life. The SubCommittee considered that it would not affect his work.
RESOLVED
That the licence be granted.
6
APPLICATION FOR A LICENCE TO DRIVE HACKNEY CARRIAGE OR
PRIVATE HIRE VEHICLES IN NORTH NORFOLK (WK/130044654)
Present: Applicant
The Chairman introduced the Sub-Committee and Officers. The Legal
Advisor outlined the procedure to be followed. She explained that, after
hearing the representations on this matter, the Sub-Committee would retire to
make its decision. She would accompany the Sub-Committee to provide legal
advice and assistance in formulating its reasons but would not take part in
making the decision. The Sub-Committee had to consider the safety of the
public and she advised the applicant to bear this in mind when making his
representation.
The Licensing Manager stated that the applicant had applied for a licence to
drive hackney carriage or private hire vehicles in North Norfolk. The
necessary checks had been carried out. Only one reference had been
Licensing Sub-Committee
22 January 2014
6
received to date. The applicant had volunteered previous convictions which
did not appear on the DBS check. The last offence had occurred in 2008
which, although some time ago, was not in the distant past.
The applicant’s reference and Disclosure and Barring Service report was
passed to the Sub-Committee.
Councillor Mrs A Claussen-Reynolds requested clarification regarding a
statement on the application form regarding renewal of the applicant’s driving
licence.
The Licensing Manager explained that photocard licences had to be renewed
every 10 years, although a person was licensed to drive up to the age of 70.
In response to a further question by Mrs Claussen-Reynolds, the applicant
explained that he was currently unemployed, only having recently moved to
the area, and the Jobcentre had helped to fund his application. However, it
would only fund a one-year application and he could not afford to apply for a
three-year licence.
Mrs Claussen-Reynolds asked what courses the applicant had attended. He
stated that he had attended a course related to his former work as a
caretaker, and courses in health and safety, anger management and disability
awareness. He had found the courses useful.
The Chairman invited the applicant to put his case.
The applicant explained the circumstances of his conviction. He explained
the circumstances which had led to him being given custody of his children
and rights to the marital home. Subsequent to that, his wife had come to the
house and had become violent. He had tried to call the police but she
smashed his phone, so he had pushed her out of the house and was arrested
as a result. She had also ‘had a go’ while he was on probation, witnessed by
his probation officer who told her to leave. He referred to a number of
incidents when his wife had been violent towards him, and she had eventually
been diagnosed with schizophrenia.
The applicant stated that he was not a violent or aggressive man. In his
former job he had to go into elderly people’s homes.
The applicant answered Members’ questions regarding his current personal
circumstances and matters related to his convictions.
The Licensing Manager stated that only one reference had been received and
if the Sub-Committee wished to grant the licence it would be subject to a
second reference being obtained. The applicant stated that he had now
found out that the second referee was out of the country and would be for
some time. The Licensing Manager asked him to supply an alternative
referee.
The Sub-Committee retired at 10.54 am and returned at 10.57 am.
RESOLVED
That the licence be granted subject to the receipt of a second reference.
Licensing Sub-Committee
22 January 2014
7
The meeting concluded at 11.00 am.
__________________________
Chairman
Licensing Sub-Committee
22 January 2014
8
LICENSING AND APPEALS SUB-COMMITTEE
Minutes of a meeting of the Licensing Sub-Committee held on 25 February
2014 in the Council Chamber, Council Offices, Holt Road, Cromer at 10.00 am.
Sub-Committee
Mr P W High (Chairman)
Miss B Palmer
Mr P W Moore
Officers in Attendance:
Legal Advisor, Licensing Manager, Environmental
Protection Team Leader and Regulatory Officer
Customer Services Advisor (observing)
1
APOLOGIES
None received.
2
ITEMS OF URGENT BUSINESS
None received.
3
DECLARATIONS OF INTEREST
None received.
4
EXCLUSION OF PRESS AND PUBLIC
RESOLVED
That under Section 100A(4) of the Local Government Act 1972 the press
and public be excluded from the meeting for the following items of
business on the grounds that they involve the likely disclosure of
exempt information as defined in paragraph 1 of Part I of Schedule 12A
(as amended) to the Act.
5
APPLICATION FOR A LICENCE TO DRIVE HACKNEY CARRIAGE OR
PRIVATE HIRE VEHICLES IN NORTH NORFOLK AND ALSO
APPLICATION TO BE A PRIVATE HIRE OPERATOR (WK/130044383)
Present: Applicant
The Chairman introduced the Sub-Committee and Officers. The Legal
Advisor outlined the procedure to be followed. She explained that, after
hearing the representations on this matter, the Sub-Committee would retire to
make its decision. She would accompany the Sub-Committee to provide legal
advice and assistance in formulating its reasons but would not take part in
making the decision. The Sub-Committee would have to determine whether
the applicant was a fit and proper person to hold a licence to drive hackney
carriage or private hire vehicles and private hire operator’s licence in North
Norfolk and she advised the applicant to bear this in mind when making his
statement.
The Environmental Protection Team Leader, on behalf of the Licensing
Manager who had been detained on an appointment, introduced the report.
He drew attention to issues regarding the name under which the applicant
Licensing Sub-Committee
25 February 2014
9
proposed to trade. A copy of the applicant’s Disclosure and Barring Service
report was not available, however a copy of the documentary evidence sheet
was contained in the report which outlined the applicant’s offence.
There being no questions to the Environmental Protection Team Leader, the
Chairman invited the applicant to put his case.
The Licensing Manager arrived at this point in the meeting.
The applicant clarified the position with regard to the proposed trading name
under which his licence, if granted, would be issued.
The applicant explained the circumstances of his conviction. He had thrown a
glass of wine over his wife when she told him she was seeing another man
and wanted him to leave. He had refused to leave and she had called the
Police, who had taken him to the Police Station where he had spent the night
in a cell. He had accepted a caution for battery without seeking legal advice
as he wanted to get out of the Police Station, but no further action was taken
given his previous good character.
The applicant stated that there was a slight discrepancy between the date of
the incident and the date on the documentary evidence sheet. The Legal
Advisor stated that the year, 2008, was relevant but not the exact date.
The Legal Advisor sought clarification from the Licensing Manager as to the
name in which the Operator’s Licence, if approved, should be issued. The
Licensing Manager stated that the Operator’s Licence should be held in the
applicant’s personal name trading as his chosen trading name.
There being no more questions or statements, the Sub-Committee retired at
10.22 am and returned at 10.25 am.
The Chairman stated that the Sub-Committee had taken into account that the
applicant’s offence was a very personal issue and he had very good
references.
RESOLVED
That the licences be granted.
6
APPLICATION FOR A LICENCE TO DRIVE HACKNEY CARRIAGE OR
PRIVATE HIRE VEHICLES IN NORTH NORFOLK (WK/130045445)
Present: Applicant
The Chairman introduced the Sub-Committee and Officers. The Legal
Advisor outlined the procedure to be followed. She explained that, after
hearing the representations on this matter, the Sub-Committee would retire to
make its decision. She would accompany the Sub-Committee to provide legal
advice and assistance in formulating its reasons but would not take part in
making the decision. The Sub-Committee would have to determine whether
the applicant was a fit and proper person to hold a licence to drive hackney
carriage or private hire vehicles in North Norfolk and she advised the
applicant to bear this in mind when making his statement.
Licensing Sub-Committee
25 February 2014
10
The Licensing Manager stated that the applicant had applied for a licence to
drive hackney carriage or private hire vehicles in North Norfolk. The
necessary checks had been carried out. The applicant had volunteered a
previous conviction which did not appear on the Disclosure and Barring
Service report as certain convictions were no longer shown after a period of
time. There was therefore nothing on the applicant’s current driving record or
DBS report which would count against him.
The Sub-Committee did not wish to see the DBS report as no offences were
shown.
In response to a question by Mr P Moore, the Licensing Manager explained
that in the past the DBS report was relied upon as some potential drivers
‘switched off’ their past and the report then revealed a number of historic
convictions. There was a question as to whether they were being deliberately
fraudulent or whether they considered the offences were so long ago as to be
irrelevant. The Council tried to get applicants to reveal all their history so
when checks were carried out there was no question of fraudulence. Given
the change in the reporting system it was possible that fewer applications
would come before the Sub-Committee.
The Chairman questioned whether there was any point in taking the
applicant’s case further.
The Legal Advisor stated that despite the change in the DBS procedure, the
Licensing Sub-Committee could take into account any information in
considering whether a person was a fit an proper person. A drink-driving
conviction one year ago would be more relevant than one which occurred 25
years ago. In the applicant’s case, there could be other matters which the
Sub-Committee may wish to take into account, such as a change in drinking
habits.
The Chairman invited the applicant to put his case.
The applicant explained the circumstances of his conviction. He stated that
he was not much of a drinker and the most he ever drank was three pints. He
used to play Sunday football and would then go for a drink after the match
with other players who lived in the same area. On the day of his offence he
had gone home for lunch after visiting the pub, after which he received a call
from a friend asking him to pick up and deliver his bike which he needed for
work. He did not feel drunk, so he went to pick it up. He was stopped and
breathalysed and found to be just over the drink-driving limit. He felt
ashamed of the offence.
Having heard the applicant’s explanation, the Sub-Committee considered that
there was no need to retire as all Members agreed that the licence should be
granted.
RESOLVED
That the licence be granted.
Mr Moore asked the Licensing Manager if there was any point in the SubCommittee considering cases where offences were so historic that they were
only revealed if applicants volunteered them. He asked if these matters could
Licensing Sub-Committee
25 February 2014
11
be delegated to Officers. He considered that there was a need for the
Licensing and Appeals Committee to consider the protocol.
The Licensing Manager suggested that this matter should be reviewed as part
of an overall review of the Policy Handbook. This was agreed.
7
APPLICATION FOR A LICENCE TO DRIVE HACKNEY CARRIAGE OR
PRIVATE HIRE VEHICLES IN NORTH NORFOLK (WK/130045468)
Present: Applicant
The Chairman introduced the Sub-Committee and Officers. The Legal
Advisor outlined the procedure to be followed. She explained that, after
hearing the representations on this matter, the Sub-Committee would retire to
make its decision. She would accompany the Sub-Committee to provide legal
advice and assistance in formulating its reasons but would not take part in
making the decision. The Sub-Committee would have to determine whether
the applicant was a fit and proper person to hold a licence to drive hackney
carriage or private hire vehicles in North Norfolk and she advised the
applicant to bear this in mind when making his statement.
The Licensing Manager introduced the report. The applicant had volunteered
a number of offences from his past which had been deleted from the DBS
record apart from a speeding conviction. However, there was nothing in the
applicant’s recent past which warranted concern.
At the request of the Legal Advisor, the Licensing Manager confirmed that the
matter relating to theft had been caution, rather than a conviction. The Legal
Advisor stated that the application form did not require the applicant to
declare a caution.
The Chairman invited the applicant to put his case.
The applicant explained that he had been convicted of drink-driving when he
moved his car after celebrating the birth of his daughter. He regretted the
offence. He was convicted of driving without insurance as he mistakenly
thought he was insured to drive home a van which he had just purchased. He
had received a Police caution for theft after he had helped somebody move
and a Playstation had been left at his house. When the owner asked for it
back it had disappeared. He subsequently found out that his brother had
taken it and sold it. He had paid the owner for the item.
The applicant stated that he had been a taxi driver in the past but had given it
up because his youngest daughter was ill. His eldest daughter was now old
enough to babysit. He had now received an offer of work.
Mr P Moore asked the applicant to explain his speeding conviction.
applicant stated that he been working in Norwich delivering pizzas and
his back window smashed. The weather was freezing cold so he
hurrying back and had been caught by a speed camera doing 33mph
30mph zone.
The
had
was
in a
There being no further questions or statements, the Sub-Committee retired at
10.58 and returned at 11.02.
Licensing Sub-Committee
25 February 2014
12
The Chairman stated that, whilst there were a number of offences, the
applicant had explained himself fully and the Sub-Committee did not consider
that these were sufficient to prevent the granting of a licence.
RESOLVED
That the licence be granted.
The meeting concluded at 11.03 am.
__________________________
Chairman
Licensing Sub-Committee
25 February 2014
13
LICENSING AND APPEALS SUB-COMMITTEE
Minutes of a meeting of the Licensing Sub-Committee held on 26 March 2014 in
the Council Chamber, Council Offices, Holt Road, Cromer at 10.00 am.
Sub-Committee
Mr P W High (Chairman)
Mrs P Grove-Jones
Mr R Reynolds
Officers in Attendance:
Legal Advisor, Public Protection Manager, Licensing
Manager, Licensing Administration Officer and
Regulatory Officer
Democratic Services Team Leader (observing for Minute
4)
1
APOLOGIES
None received.
2
ITEMS OF URGENT BUSINESS
None received.
3
DECLARATIONS OF INTEREST
None received.
4
APPLICATION FOR A NEW PREMISES LICENCE - CHIPPY, 19 STATION
ROAD, GREAT RYBURGH, NORFOLK, NR21 0DX
Present:
For the application:
Mr C Buxton (applicant)
Mrs A Buxton
Against the application:
Mrs N Felmingham
Mr T Hawes
The Chairman introduced the Sub-Committee and Officers. He stated that
the application would be considered under the four licensing objectives and
comments which did not relate to these objectives were not relevant.
The Legal Advisor explained the procedure for the hearing. At a later stage
the Sub-Committee would retire to make its decision. She would accompany
the Members in order to advise in the formulation of evidence and reasons
but would take no part in the decision-making.
The Licensing Manager outlined the application, which related to a premises
licence for on and off sales at The Chippy . There had been some anomalies
in the paperwork, some of which had been clarified but some anomalies
remained, particularly relating to the times of operation.
The Licensing Manager stated that there were no outstanding objections from
statutory consultees following discussions with the applicant. The applicant
Licensing Sub-Committee
26 March 2014
14
had agreed to conditions proposed by Norfolk Constabulary and
Environmental Health. The applicant had also volunteered “Challenge 25”
and the Licensing Manager recommended that this be included in the
conditions.
There had been a number of concerns raised by local residents which had
been included in the correspondence.
The Licensing Manager explained that licensing and planning laws were
separate matters and the grant of planning permission did not prejudice a
decision on the licensing application. He stated that in some cases, licences
were granted in excess of the hours allowed under planning permissions to
enable businesses to trade for longer in the event of the Government relaxing
planning restrictions for special occasions, such as the Olympics.
The applicant stated that he had contacted the Safeguarding Children Board
and had been told that they had not objected to this application. However,
the report stated that there had been an objection and this had been picked
up by the press. The Licensing Manager explained that the Board had
informed him at the time that they had been unable to consider the paperwork
and it had been treated as a holding objection. It had since been made clear
to the press that the Board had not objected to the application but had
stopped the process pending consideration.
The Legal Advisor clarified with the Licensing Manager the conditions
required to be imposed by the statutory consultees.
Mr Buxton put his case. He stated that he wished to re-licence the property
now he had permission for a fish and chip takeaway. He also wished to
extend the restaurant. The hours had been established by the planning
permission and he did not wish to run a late night venue with alcohol and the
problems associated with late night venues. The purpose of the longer hours
was to allow licensed activities to be fulfilled at certain times of the year in the
event of relaxation of the rules by the Government. He was hoping to move
the existing tea room, run at Melody House for the benefit of his guests, into
the property so he could open to the public. The licence would allow people
to enjoy an alcoholic beverage with their food. He stated that the premises
was a former meeting hall which had been licensed until the 1970s. The
facility would help to increase the tourist industry in Ryburgh. It would also
give drivers of lorries using the new lorry park somewhere to go.
The objectors questioned the applicant.
Mrs Felmingham expressed concern regarding planning issues which were
not relevant to licensing. She requested clarification of the toilet facilities,
which the Legal Advisor, following consultation with Mr Buxton, showed to the
objectors on a plan.
In response to a further question from Mrs Felmingham, Mr Buxton stated that
he did not want a designated place to smoke but people could walk down the
lane to smoke if they wished.
Mr Hawes sought clarification from Mr Buxton that he intended to close at
9.30 pm each evening. Mr Buxton explained that he intended to do so but
sought flexibility in the event of Government legislation allowing licensed
premises to open for longer. He stated that he lived next door to the
Licensing Sub-Committee
26 March 2014
15
premises and stood to lose the most if the premises devalued houses in the
area. He had been in the licensed trade for 15 years and was trying to
promote the rural economy. He would employ 5-6 people when everything
was up and running.
Mrs Felmingham sought clarification as to whether the premises was a café
or shop. Mr Buxton explained that it would be an upmarket tea room in the
same style as the bed and breakfast. He wanted the fish and chip shop to
serve the village and takeaway trade. He would be looking to extend the fish
and chip offering as a tea room which would mostly operate only during the
afternoon and evening with emphasis on cakes etc as was the case with the
bed and breakfast.
In response to a question by Councillor Mrs P Grove-Jones, Mr Buxton
explained that the alcohol licence would apply to the whole building. Many
cafes had alcohol licences. The premises would offer afternoon teas and
wake parties; it was not aimed at 18 year olds.
Councillor R Reynolds considered that the application was ambiguous and
requested further clarification. Mr Buxton explained that the banks would not
lend without a business plan, and once the fish and chip shop was
operational he intended to seek planning permission for the tea shop if the
licensing application was granted. The emphasis was on a tea shop which
older people would want to visit. There was nowhere in the village where
people could have a sandwich, cup of tea or pint of beer. He confirmed that
the village pub was closed at lunchtimes.
At the invitation of the Chairman, Mrs Buxton reiterated that the premises
would be an upmarket tea room with fish and chips offered as an extra. There
was a nursing home nearby and visitors had nowhere to take their relatives
out for a break. The pub did not open at lunchtimes except on a Sunday.
Mr Hawes questioned the need for the premises to be licensed at all. Mrs
Buxton stated that people wanted to celebrate 80th birthday parties etc with an
alcoholic drink. Wake parties would also be offered. No bar would be
installed.
In response to a question by Councillor Mrs P Grove-Jones, Mr Buxton stated
that the tea room would seat 24 people at 6 tables.
The Chairman invited the objectors to make their statements.
Mr Hawes stated that he lived next door to the site. The plan included in the
agenda did not show the annexe in which his in-laws, who were in their 90s,
lived. He was concerned at the proximity of the premises and stated that until
today there had been confusion over the type of enterprise it would be. He
considered that it was clear from the application papers that a café and bar
were planned. He stated that people were very concerned about the licence
application. He expressed concern with regard to Police statistics for alcohol
and anti-social behaviour. There was nothing to stop people drinking in the
street. He expressed concern with regard to parking issues and considered
that parking on the pavement would cause difficulties for motorists and
pedestrians alike. He stated that one of his in-laws was registered blind. He
considered that a notice was insufficient to prevent people slamming car
doors, although closing at 9.30 pm may alleviate it. He was concerned that
young people would be exposed to people drinking as there was a nursery
Licensing Sub-Committee
26 March 2014
16
opposite and under 18s could go into a café. He questioned the need for the
facility and the benefits it would bring. He was concerned for himself and also
his near neighbours.
Mrs Felmingham stated that she lived opposite the site and had a five-yearold child. It was not clear what was being proposed. There had been
particular concern about the longer hours and that the premises would be
open until midnight. She questioned the need for a tea room to be licenced
until midnight. She was concerned about noise, particularly during the
summer when her windows were open, parking, access to her property being
impeded, and litter. She wished to reiterate the points made by Mr Hawes
and other residents.
The Chairman invited questions to the objectors.
Mr Buxton stated that no objection had been received from the nursery. Mr
Hawes responded that the nursery owner had been unaware of the
application and had not seen the notice from his building.
In response to questions by Councillor R Reynolds regarding concerns over
parking, Mrs Felmingham stated that she envisaged a sudden surge between
5pm and 7pm. She referred to a fish and chip outlet at Lenwade where there
were often queues of 5 to 10 cars. She envisaged 2-3 cars in relation to the
tea room. If parking were further along the road it would still cause problems.
She stated that only one or two parked cars caused problems.
Mr Hawes added that the greatest concern was harvest time when the
number of lorries increased.
In response to questions by Councillor R Reynolds, Mr Buxton explained that
he opposed drinking outside the premises as it would affect his tenants. With
regard to litter control, he intended to place a bin marked „Keep Britain Tidy‟
outside his premises. There were bins elsewhere in the village. He would
refuse to serve anybody who he had been told had dropped litter.
Mr Buxton clarified the opening times at the request of Councillor Mrs P
Grove-Jones and confirmed that there would be a gap in the afternoon when
the fish and chip shop would be closed.
The Chairman invited closing statements.
Mr Hawes stated that he was struggling with the need for a licence. He
considered that there was no need to be open until 12 midnight, nor to have
the ability to do so. Nothing could be done about litter once people left the
premises. He expressed concern regarding anti-social behaviour.
Mrs Felmingham stated that she had nothing to add.
Mr Buxton stated that he was trying to support sustainable local communities,
provide a service and create a number of jobs. He was trying to licence a
building which he wanted to bring to its full potential over the course of the
next year. There was no point in submitting a planning application if there
was no licence. Planning had already indicated support for turning an A3 use
into an A5 use and the Government was looking at ways of diversifying rural
businesses. There was a lot of work involved in turning the premises into a
restaurant and he wanted to put his money into something which would work.
Licensing Sub-Committee
26 March 2014
17
People would be able to take cans of beer home to have with their fish and
chips which would increase turnover, help to keep the business viable and
preserve jobs.
The Licensing Manager outlined the options available to the Sub-Committee
in determining this application. He reminded the Sub-Committee that any
matters which did not relate to the promotion of the four licensing objectives
should not be taken into account.
There being no further questions or statements, the Sub-Committee retired at
11.05 am and returned at 12 noon.
The Chairman stated that the Sub-Committee was prepared to grant a
licence. However, the Sub-Committee had been informed that there had
been anti-social behaviour in the area previously and had found it necessary
to exclude off-sales and amend the times alcohol could be sold for the
prevention of crime, disorder and public nuisance. The Sub-Committee had
also heard that the premises was on a dangerous bend. The Sub-Committee
had noted the opening times and heard the concerns of the objectors, and
had therefore restricted the licensable activity and recorded music to between
the hours of 10 am and 10pm.
RESOLVED
That the licence be granted subject to:
1.
2.
3.
The exclusion of off-sales of alcohol.
The licensable activity (sale of alcohol and recorded music) between
the hours of 10am and 10pm only.
The imposition of the following additional conditions:
Condition 1 – Any person selling or supplying alcoholic drink under
the authority of a personal licence holder will ask for a photo ID
proof of age where they have reason to suspect that the individual
may be under 18 years of age.
Condition 2 – Prominent clear notices shall be displayed at all exits
requesting customers to respect the needs of local residents and
leave the premises and the area quietly.
5
EXCLUSION OF PRESS AND PUBLIC
RESOLVED
That under Section 100A(4) of the Local Government Act 1972 the press
and public be excluded from the meeting for the following items of
business on the grounds that they involve the likely disclosure of
exempt information as defined in paragraph 1 of Part I of Schedule 12A
(as amended) to the Act.
6
APPLICATION FOR A LICENCE TO DRIVE HACKNEY CARRIAGE OR
PRIVATE HIRE VEHICLES IN NORTH NORFOLK (WK/140001341)
Present: Applicant
Licensing Sub-Committee
26 March 2014
18
The Chairman introduced the Sub-Committee and Officers. The Legal
Advisor outlined the procedure to be followed. She explained that, after
hearing the representations on this matter, the Sub-Committee would retire to
make its decision. She would accompany the Sub-Committee to provide legal
advice and assistance in formulating its reasons but would not take part in
making the decision. The Sub-Committee would have to determine whether
the applicant was a fit and proper person to hold a licence to drive hackney
carriage or private hire vehicles and private hire operator‟s licence in North
Norfolk and she advised the applicant to bear this in mind when making his
statement.
The Licensing Manager introduced the report. The applicant had applied for a
licence to drive hackney carriage or private hire vehicles in North Norfolk, and
had received a conditional offer of employment from a relative. There were
matters in the applicant‟s past with regard to his criminal record and medical
history which needed consideration and clarification.
There being no questions to the Licensing Manager, the Chairman invited the
applicant to put his case.
The applicant explained that he had applied for a licence five years ago,
which had been refused on medical grounds as he had to be fit-free for five
years. In the meantime he had worked as a delivery driver to learn the area.
He enjoyed driving, communicating with people and helping people.
In response to questions by the Licensing Manager, the applicant explained
that the vehicle was his own and he would be self-employed. His relative
wanted to hand over the business to him when he retired and he had a lot of
plans for it. He explained the medication he had to take for his condition and
the frequency with which he had to take it.
Councillor Mrs P Grove-Jones asked the applicant if he also took medication
for anxiety. The applicant explained that his anxiety had followed on from his
fit and he was now much better and had learned to deal with it. He confirmed
that he had ticked the exclusions in section 6.5 of the application form by
mistake, and that anxiety would not prevent him from carrying out airport runs.
In response to a question by Councillor R Reynolds, the applicant explained
that he had received points on his driving licence for having no insurance.
The first offence was because he did not realise that he needed specialist
insurance for his delivery job and secondly, a direct debit had been missed
and the insurance company had cancelled his insurance without reminding
him. He accepted that these matters were his fault.
In response to a question by Councillor Mrs P Grove-Jones, the applicant
confirmed that he had held a licence prior to 2013 but had been required to
surrender it for six months when he had told the DVLA about his medical
condition.
At the invitation of the Chairman, the applicant explained that he had received
a community service order as he had thrown a can of beer over a police
officer because of the way the officer had handled a friend who was under
arrest. This had occurred when he was 20 or 21, he was not proud of it, and
wished to make it clear that this was his past. He wanted to be a good role
model for his children.
Licensing Sub-Committee
26 March 2014
19
There being no more questions or statements, the Sub-Committee retired at
12.37 pm and returned at 12.50 pm.
The Chairman stated that the Sub-Committee considered that the applicant
needed a fresh start, but was slightly concerned about him undertaking long
journeys to Heathrow.
RESOLVED
That the licence be granted.
The Sub-Committee adjourned for lunch at 12.55 pm and returned at 2.06
pm.
7.
READMITTANCE OF PRESS AND PUBLIC
The press and public were readmitted to the meeting.
8.
APPLICATION FOR NEW RIDING ESTABLISHMENT LICENCE - FERN
BANK, CARR LANE, ROUGHTON, NORFOLK, NR11 8PG
Present:
Mr B Fabb (applicant)
Mrs R Fabb (applicant)
The Chairman introduced the Sub-Committee and Officers. The Legal
Advisor outlined the procedure to be followed. She explained that, after
hearing the representations on this matter, the Sub-Committee would retire to
make its decision. She would accompany the Sub-Committee to provide
legal advice and assistance in formulating its reasons but would not take part
in making the decision.
The Legal Advisor stated that the Sub-Committee would need to consider the
vet‟s report before issuing a licence and also be satisfied that the applicant(s)
were suitable and qualified to run a riding establishment, and that the
condition of the horses at the riding establishment was appropriate.
The Licensing Manager stated that Mrs Fabb and Mr Fabb had run the
business for some time as a riding establishment, but the general running of
the business had been Mrs Fabb‟s responsibility. However, she now wished
to hand over the running of the business to Mr Fabb and the Sub-Committee
had to determine whether he was suitably qualified through qualifications or
experience in the trade to manage the establishment, as well as establishing
whether the premises were suitable. The premises had been inspected by
the Council‟s vet and a full satisfactory report had been received as to the
condition of the facilities and the horses. There were 24 horses involved,
which was a significant number and it was necessary to consider the amount
of support Mr Fabb had. The Sub-Committee had to consider the framework
of the business to establish if it could look after that number of horses.
Documentation had been received and the applicants had brought further
documentation for inspection at the meeting.
Licensing Sub-Committee
26 March 2014
20
The Legal Advisor sought clarification as to the applicant. The Licensing
Manager stated the business was a partnership and the establishment was in
both names. However, Mr Fabb would be in overall control of the business.
The Legal Advisor stated that if the licence were to be in both names the SubCommittee would need to assess whether each person was a fit and proper
person.
There being no questions to the Licensing Manager, the Chairman invited Mr
Fabb put his case.
Mr Fabb stated that he enjoyed horses and teaching people. He wanted to
carry on teaching so he could keep the horses. He took out hacks etc,
bought and sold horses and broke horses in.
Mr Fabb and Mrs Fabb answered Members‟ questions.
a) The premises was staffed by a part-time worker, Mr Fabb and his wife,
with volunteers who came in a few times a week. Mrs R Fabb mostly
dealt with administration. The blacksmith lived with the family.
b) The applicants held public liability insurance as well as employer‟s liability
insurance.
c) 30 horses in total were looked after, 24 of those were working horses.
They were mostly looked after by volunteer labour. There was always
someone on the premises.
d) Most of the horses were his own, but some belonged to other people.
e) With regard to his experience, Mr Fabb stated that he had always worked
with horses but was not so good with paperwork, which his mother (Mrs R
Fabb) dealt with. He had certificates for riding and breaking of horses and
he had worked at Newmarket. Others working at the establishment did
not have certificates but had been around horses all their lives.
f) Nobody was allowed to go out unaccompanied and everybody wore
helmets.
g) Mr Fabb answered questions from the Legal Advisor regarding horse
management, checking of feet, housing, disease prevention measures
and frequency and length of time the horses were ridden. People were
mainly overseen by himself.
h) The Chairman referred to Mr Fabb‟s DBS disclosure which was handed to
the Sub-Committee. Mr Fabb explained how the offences had occurred
and stated that he no longer drove a motor vehicle. He stated that he did
not have a drink problem and only drank occasionally when he went out.
Mrs Fabb confirmed that she drove and had no convictions.
i) The additional six horses were not included on the vet‟s report, although
he was aware of them.
The Licensing Manager stated that there was a pool of 24 horses which were
used for riding lessons and hire. They were used on a rotation basis and had
varying sizes and temperaments. Details of their ages etc was known and
the vet was satisfied. The other horses were associated with the riding
establishment but were not working horses. It was important for everyone in
the establishment to be aware of which were the duty horses and that records
were kept on a daily basis.
Councillor Mrs P Grove-Jones asked if there had ever been a situation where
a rider had gone out unaccompanied and had an accident. Mr Fabb stated
that there had not, and that there was one lady who went out on her own who
was very experienced.
Licensing Sub-Committee
26 March 2014
21
The Chairman invited closing statements.
Mrs Fabb stated that Mr Fabb had helped her since before he left school, he
had raced at Newmarket under a well-respected trainer whose yard he had
also worked at, and had done very well at showjumping.
There being no further questions or statements, the Sub-Committee retired at
2.43pm and returned at 3.10pm.
The Chairman stated that the Sub-Committee could not make a decision as
parts of the vet‟s report were not legible. Members had also not seen a
detailed daily management plan relating to individual horses.
The Legal Advisor advised that it would be necessary to reconvene the
meeting as the Sub-Committee may consider applying conditions.
The meeting adjourned at 3.25 pm and it was agreed with the applicants to
reconvene on Friday 28 March 2014 at 10.00 am.
__________________________
Chairman
Licensing Sub-Committee
26 March 2014
22
LICENSING AND APPEALS SUB-COMMITTEE
Minutes of a reconvened meeting of the Licensing Sub-Committee held on 28
March 2014 in the Committee Room, Council Offices, Holt Road, Cromer at
10.00 am.
Sub-Committee
Mr P W High (Chairman)
Mrs P Grove-Jones
Mr R Reynolds
Officers in Attendance:
Legal
Advisor,
Licensing
Manager,
Administration Officer and Regulatory Officer
1
Licensing
APOLOGIES
None received.
2.
APPLICATION FOR NEW RIDING ESTABLISHMENT LICENCE - FERN
BANK, CARR LANE, ROUGHTON, NORFOLK, NR11 8PG
Present:
Mr B Fabb (applicant)
Mrs R Fabb (applicant)
Following the adjournment of the meeting held on 26 March 2014, a legible
copy of the vet’s report had been received. Copies were circulated to the
Sub-Committee and the applicants.
Mr Fabb and Mrs Fabb clarified a number of issues relating to the vet’s report.
With regard to the management plan, Mrs Fabb stated that they had a record
of what they did on a daily basis, such as feeding, lessons, schooling other
people’s horses, details of the volunteers’ work.
Councillor R Reynolds asked if a proper written record was kept, or if it was
intended to be kept in the future, of the day to day management of each
horse, hour by hour if necessary. If this was not the case, he questioned how
the applicants kept track of what was happening.
Mrs Fabb stated that details were kept in a diary and there were records of
when horses were wormed and anything which needed to be done.
Councillor Reynolds stated that he was looking for a ledger. Mrs Fabb stated
that this was what the diaries were.
The Sub-Committee adjourned at 10.27 am to scrutinise the paperwork which
the applicants had brought to the meeting, and returned at 10.43 am.
The Chairman stated that Members had considered the paperwork and were
not very happy with what they had read. It was not very detailed and there
was nothing prior to 2014.
They considered there was insufficient
information.
Mr Fabb stated that everything was written in the diary.
Licensing Sub-Committee
28 March 2014
23
Councillor Mrs P Grove-Jones referred to an improvement notice which had
been served on the establishment in 2013. She asked if there had ever been
any serious accidents.
Mr Fabb stated that there had been no accidents at the stables themselves
but there had been a fatal accident outside the premises. Mrs Fabb gave
details and, at the request of the Legal Advisor, indicated the entry in the
accident book. She stated that it had been reported to the Health and Safety
Executive.
The Licensing Manager explained the options open to the Sub-Committee
with regard to this application, and provided a list of mandatory conditions
which would be applied if the licence were granted.
Councillor R Reynolds asked the applicant what records they had on the
individual horses. Mrs Fabb stated that these records were kept in the diary.
She confirmed that public liability and employers liability covered everything,
including temporary workers, and if necessary they checked with the
insurance company.
The Sub-Committee retired at 10.55 am and returned at 11.47 am.
The Chairman stated that the Sub-Committee had some concerns relating to
an inadequate record of the management of the establishment surrounding
how the horses were used and looked after. In particular, the written records
showing which horses were used, at what time and for how long were limited,
and in some cases non-existent. However, the Sub-Committee was prepared
to grant a licence subject to conditions.
RESOLVED
That licences be granted to Ben Fabb and Rose Fabb subject to the
imposition of the following additional conditions:
1. That a daily record, in writing, is made, kept and maintained for each
horse that is hired out for riding; used for instruction; or otherwise
used for riding or instruction. Such record must include the
following information:
 The name of the horse
 The nature of the use of the horse (i.e. for riding, instruction
etc)
 The date, time and duration of the use of the horse.
2. That a daily record is made, kept and maintained for each horse
detailing medication administered; any illness or lameness; and any
accident involving the horse and details thereof.
3. All horses must have regular inspections of feet and appropriate and
timely action taken when a problem is found or when attention is
required. A written record must be made detailing results of these
inspections and action taken. Such inspections and records must
be made at least monthly.
4. With reference to the additional conditions 1, 2 and 3 above, all
records must be kept for a minimum of 2 years and must be
Licensing Sub-Committee
28 March 2014
24
LICENSING AND APPEALS SUB-COMMITTEE
Minutes of a reconvened meeting of the Licensing Sub-Committee held on 28
March 2014 in the Committee Room, Council Offices, Holt Road, Cromer at
10.00 am.
Sub-Committee
Mr P W High (Chairman)
Mrs P Grove-Jones
Mr R Reynolds
Officers in Attendance:
Legal
Advisor,
Licensing
Manager,
Administration Officer and Regulatory Officer
1
Licensing
APOLOGIES
None received.
2.
APPLICATION FOR NEW RIDING ESTABLISHMENT LICENCE - FERN
BANK, CARR LANE, ROUGHTON, NORFOLK, NR11 8PG
Present:
Mr B Fabb (applicant)
Mrs R Fabb (applicant)
Following the adjournment of the meeting held on 26 March 2014, a legible
copy of the vet’s report had been received. Copies were circulated to the
Sub-Committee and the applicants.
Mr Fabb and Mrs Fabb clarified a number of issues relating to the vet’s report.
With regard to the management plan, Mrs Fabb stated that they had a record
of what they did on a daily basis, such as feeding, lessons, schooling other
people’s horses, details of the volunteers’ work.
Councillor R Reynolds asked if a proper written record was kept, or if it was
intended to be kept in the future, of the day to day management of each
horse, hour by hour if necessary. If this was not the case, he questioned how
the applicants kept track of what was happening.
Mrs Fabb stated that details were kept in a diary and there were records of
when horses were wormed and anything which needed to be done.
Councillor Reynolds stated that he was looking for a ledger. Mrs Fabb stated
that this was what the diaries were.
The Sub-Committee adjourned at 10.27 am to scrutinise the paperwork which
the applicants had brought to the meeting, and returned at 10.43 am.
The Chairman stated that Members had considered the paperwork and were
not very happy with what they had read. It was not very detailed and there
was nothing prior to 2014.
They considered there was insufficient
information.
Mr Fabb stated that everything was written in the diary.
Licensing Sub-Committee
28 March 2014
25
Licensing and Appeals Committee
7 May 2014
Agenda Item No____6_______
LICENSING FEES AND CHARGES POLICY
Summary:
This report seeks adoption of a new policy covering
the setting of fees and charges for the licensing
function
Conclusions:
Recommendations:
That Members agree the proposed fees and
charges policy in respect to licensing and
recommend adoption to Full Council
Cabinet member(s):
Ward(s) affected:
Councillor John Lee
All
Licensing Committee Chairman
Councillor Richard Price
Contact
Officer,
number, and e-mail:
telephone Chris Cawley 01263 516252
Chris.cawley@north-norfolk.gov.uk
1.
Introduction
1.1.
Members received an introductory report on 13 January 2014 outlining the new
provisions of the Mobile Homes Act 2013 affecting residential caravan sites
1.2.
This legislation provides for local authorities to set fees in respect of residential
caravan site licences. However, before setting such fees, in accordance with
legal requirements, the Council must adopt a fees and charging policy covering
the licensing function.
1.3.
A report on fee setting for residential caravan site licences is detailed elsewhere
on the agenda
2.
Fees and charges policy
2.1.
Officers have drafted a fees and charges policy covering the licensing function
(Appendix A).
2.2.
Adoption of such a policy will also provide the framework for the Council to set
fees locally in respect of other licence types (including alcohol and entertainment
licences) which are currently set nationally by central government but shortly to
be delegated to licensing authorities. This type of policy can also be extended to
cover the setting of fees and charges for all Council functions in the future.
26
APPENDIX A
NORTH NORFOLK DISTRICT COUNCIL
Fees and Charges Policy
DRAFT
27
Fees and Charges Policy
1. Purpose
1.1 This policy establishes the principles for the charging for services provided
by the Licensing Service. It aims to recognise the competing priorities the
Council faces when charging residents, businesses and other users for its
services.
2. Scope and Application
2.1 This policy covers all services that can attract charges to external
customers.
2.2 Regard will be had to this policy when fees and charges are being
reviewed.
2.3 This policy does not over ride specific legislation or statutory guidance
where it exists.
3. Principles for Setting Charges
3.1 There are four key principles for setting fees and charges
3.11 Achieve full cost recovery
The charging arrangements for any service should, where practicable,
meet the full cost of providing the service and include arrangements for
income collection, in line with the Council’s policies and procedures.
The full cost of provision should also include:
o A share of central support costs
o The cost of the officers involved to include on costs such as
pension, national insurance and training
o Allow for the effects of inflation
o The provision of any necessary equipment, including
maintenance and replacement computer programmes
o Development and maintenance of policy, procedures and
guidance
o Management costs specific to the function and more generally
o Provision of any legal costs where reasonably incurred
o Bad debt provision
3.12 Ensure legal compliance
The Council must comply with all legal requirements for setting fees or
charges and generating income. Where appropriate, this will override
other factors to ensure the Council is not exposed to the risk of legal
challenge.
3.13 Meet the ambitions of the corporate plan.
Income generation must be balanced against the wider aims of the
Council. The fees and charges must be a suitable balance of income
generation and impact on the delivery of corporate priorities.
Consideration should be given to the following factors
 Access, affordability and demand should be fully considered;
 Consistency should be sought with the Council’s policies for
Value for Money, Equalities and Customer Access, e.g.
28
Fees and Charges Policy
consideration should be given to any disproportionate impact on
vulnerable groups and those least able to pay;
 Where services are provided on a trading basis, charges will be
set at the maximum level the market can bear without reducing
demand to a point at which the overall financial position of the
service offered is weakened;
 Benchmarking should take place with comparable local
authorities. Where charges are identified as being significantly
lower than in other comparable authorities, charges should be
increased in order to bring them in line. Care should be taken to
ensure that comparisons with other authorities are on a like for
like basis and any significant reasons for differences in charging
are taken into account;
 Any exemptions and concessions on standard charges should
be clearly justified. They should only be provided for services
where benefits to the recipient groups are clearly evidenced and
are consistent with the Council’s plans and strategies;
3.14 Ensure fairness, be simple to understand and operate
 Any fee structure should be easy to understand be simple to
operate in practice. The fee structure should be designed to
have a fair and equitable reflection of costs relative to the level
of resource required. Fees and charges should be published
and easily accessible.
 These guiding principles aim to ensure that the fees and
charges are set within a framework of value for money where
performance, access and equity are considered fully and
appropriately and decisions demonstrate a transparent and
balanced approach. These principles should ensure that our
charging is fairer and clearer while also ensuring that the highest
standards of service are provided within available resources.
4. Provision of Services Regulations
4.1 Fees should not be used as an economic deterrent to certain activities or
to raise funds. Enforcement costs should not be assimilated with the
application fee.
4.2 In order to aid clarity enforcement costs against unauthorised activities will
not form part of fee costs. Compliance action against authorised activities will
form part of the fee. Compliance and enforcement terms will be defined in this
way.
4.3 Ring-fenced accounts or other financial systems will be used to ensure
that fees do not cross subsidise different authorisation regimes and any
deficits or surpluses are carried forward into subsequent year’s calculations. It
would be beneficial to avoid large fee changes and so accounts will be
managed to:
 Ensure they balance over a 3-5 year cycle where possible
 Carry a working balance to accommodate fluctuations in income or
expenditure
4.4 Where any account is in deficit or surplus the appropriate amount of
interest may be incorporated into the accounts.
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Fees and Charges Policy
5. Income Collection and bad debt
5.1 It is vital that the Council receives payment for its service provision.
Wherever possible, customers should be required to pay charges in advance
of the delivery of services or at the point of delivery to minimise the risk of
non-payment and to assist customers to manage their liabilities to the Council.
5.2 To facilitate payment and provide a customer centred service, multiple
payment methods should be available to the customer, although e-payments
and (where appropriate) setting up of direct debits should be promoted as the
preferred method. Payment methods may be restricted where the costs of
collection may be disproportionately high compared to the amount collected.
5.3 Where customers fail to pay for fees and charges, they should be made
liable for the additional costs of enforcement and collection where possible.
Customers must be clearly aware of this additional liability. Where the law
allows any licence, permit or similar permission may be revoked or suspended
until payment is received and may include historic bad debt.
6. Reviewing and Increasing Charges
6.1 There will be a presumption that charges will be increased annually at
least in line with inflation unless a clear case can be made for not doing so.
6.2 The approval or amendment of fees and charges will be in accordance
with the Councils constitution, scheme of delegation and financial procedures.
6.3 Where there is no fee for a service which can be charged for, or where
current charges represent less than the full cost of providing the service, the
reasons should be reconsidered and justified as part of the annual review.
6.4 Where appropriate, service users and other relevant stakeholders should
be informed in advance of all proposals to introduce or to amend charges
significantly above inflation or where required by statute. Emphasis will be
placed on demonstrating that fee and charge levels set represent good value
for money, considering the quality of the services provided and charge levels
applied in comparable authorities
6.5 Equality impact assessments will be carried out where appropriate
6.6 Clear records of any charging review, including public notices or
consultation will be kept in line with the corporate retention policy.
7. New Charges and Trading
7.1 The Local Government Act 2003 allows charges to be made for
discretionary services. Charges cannot be made for any services for which
there is a duty to provide or where legislation expressly prohibits the charging
for discretionary services. This may include charges for new and innovative
services. Such services may be provided that benefit residents, businesses
and other service users, meet the Council priorities and generate income.
7.2 Trading allows the Council to make a profit but there are some significant
restrictions. The finance and legal departments will be consulted regarding
ideas on charging for discretionary services
7.3 Careful consideration must be given to the correct coding for VAT. Advice
will be sought on this issue for each case.
8.0 Refunds and Cancellation
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Fees and Charges Policy
8.1 Refunds will be only provided where the administrative process has not
been started and will remain at the discretion of the Head of Service of the
department:
8.2 Where services have been booked or requested the Council may incur
costs should a cancellation occur. It is reasonable for the Council to recover
these costs.
9. 0 Works In Default
9.1 The Council may require certain works to be undertaken to remedy a
situation, by the service of a legal notice on the owner, occupier or other
person considered responsible. In certain circumstances, these works are
undertaken by the Council, to remedy such a situation, for which reasonable
charges are made.
9.2 The charges would include the actual cost of the works, by a third party if
necessary, an appropriate sum for officer time, based on an hourly rate, and
the cost of the administration of the charge.
10.0 Fixed Penalty Notices (FPN)
10.1 There are a number of offences for which the option of a fixed penalty
fine exists.
The issue of a FPN will not be used as a form of income
10.2 The level of fine to be issued will depend on the wording of the various
pieces of legislation. In cases where a range of potential fines exist the
Council will set the fine based on:
.
 The severity of the offence
 The cost of issuing the FPN and collecting the fine
 Whether the fine should act as a deterrent
10.3 Unless the law specifies how FPN fines are to be spent they will
generally be allocated to fund enforcement or promotional campaigns related
to the function under which they were issued
31
Licensing and Appeals Committee
7 May 2014
Agenda Item No____8_______
CARAVAN SITE LICENSING FEES
Summary:
This report updates Members on action in hand and
aspects of fee setting in respect of the new law.
Conclusions:
Recommendations:
That Members agree the proposed fees and
recommend adoption to Full Council
Cabinet member(s):
Ward(s) affected:
Councillor John Lee
All
Licensing Committee Chairman
Councillor Richard Price
Contact
Officer,
number, and e-mail:
telephone Chris Cawley 01263 516252
Chris.cawley@north-norfolk.gov.uk
1.
Introduction
1.1.
Members received an introductory report on 13 January 2014 outlining the new
provisions of the Mobile Homes Act 2013 affecting residential caravan sites
2.
Practical implications
2.1.
All owners of known residential sites have been written to; with information about
the new legislation and asked to complete a questionnaire about the site.
2.2.
Officers are developing new procedures for dealing with applications for licences
or their transfer in accordance with the new legislative framework.
2.3.
The Environmental Health and Planning department Officers are developing a
project plan for this work which will need to be included in the Councils business
plan for 2014-15 as a priority task
32
Licensing and Appeals Committee
7 May 2014
3.
Fees
3.1.
Before setting fees for mobile home licensing in accordance with legal
requirements the Council must adopt a fees and charging policy. A report on that
is detailed elsewhere on the agenda.
3.2.
A fee setting framework for mobile homes has been drafted based on these
principles. No fees can be charged for holiday caravan sites.
3.3.
The proposed fees include an element for officer time in undertaking site surveys
and inspection; an element for administration and associated on costs and
recharges.
3.4.
The proposed fees for 2014/15 are as follows
TRANSACTION
PROPOSED
FEE £
Application fee new site
600
Transfer fee (where change
of site owner)
150
Application
to
vary
conditions on existing site
600
Annual fee
600
Annual fee (owner occupied
site)
400
3.5.
One level of annual fee has been proposed for 2014/15 – irrespective of the size
or condition of the site - as each site will need visiting and assessing this year to
establish a baseline for future involvement. However, given that certain sites are
owned and occupied by family groups (as opposed to being tenanted) then it is
envisaged that the Council will have less involvement with such sites and so a
discounted annual fee is proposed in respect of these sites.
3.6.
The fees will need to reviewed later in the year in the light of feedback from
surveys and this will be fed into the fees setting and budget planning process for
2015/16.
3.7.
It is expected that sites will be given a risk rating indicating the future inspection
frequency needed ( eg low risk – every 3 years; medium – annual ; high risk –
more frequent). On that basis, annual fees in future years could be set at different
levels for each category reflecting the inspection resources needed.
33
Licensing and Appeals Committee
7 May 2014
Agenda Item No____9_______
LICENSING POLICY for SEX ESTABLISHMENTS
Summary:
This report outlines consultation and feedback on
adoption of a policy for the consideration of,
processing and determination of applications for sex
establishment licences
Conclusions:
Recommendations:
That Members agree the final
recommend adoption by Full Council
Cabinet member(s):
Ward(s) affected:
Councillor John Lee
All
policy
and
Licensing Committee Chairman
Councillor Richard Price
Contact
Officer,
number, and e-mail:
telephone Chris Cawley 01263 516252
Chris.cawley@north-norfolk.gov.uk
1.
Introduction
1.1.
On 17 November 2013 Members agreed a draft policy for consultation
1.2.
A consultation exercise has been undertaken for a period of 12 weeks which
closed on 17 February 2014.
2.
Feedback on the consultation process
2.1.
In accordance with statutory requirements and guidance the agreed draft policy
was sent to the following:

Representatives of any existing local businesses involved in the trade or
proposing to carry on the business of a sex establishment in the district

One or more persons who appear to the Council to represent the interests
of persons to be employed either as performers or otherwise in the
business of a sex establishment in the district
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Licensing and Appeals Committee
7 May 2014

Interested parties (local residents and businesses)

District and Town/Parish Council representatives

Norfolk Police

Other authorities including Norfolk Fire service; Norfolk Trading Standards;
Planning Service, Environmental Protection Service Health & Safety team
of North Norfolk District Council; Norfolk Safeguarding Children’s Unit
2.2.
The draft policy was also accessible via the Council’s website
2.3.
No adverse feedback has been received
2.4.
Parish Councils have commented on the positive approach being taken by the
Council
3.
Adoption of Policy for Sex establishments
3.1.
Members are asked to agree the final policy and recommend adoption by Full
Council - see Appendix B
3.2.
The policy will take effect from 1 June 2014.
4.
Application fees
4.1.
The application fees for sex establishment licences for the current financial year
have been set by the Council. However, together with all other licensing fees set
by the Council they are be reviewed as part of the current budget setting process
and may be revised. In considering the level of fee to be set the Council will have
regard to statutory guidance and recent case law.
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APPENDIX B
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Version Control for QMS Documents
PDF version available for website
Date
Changes
Made
Originator
Sections Changed
Approved By
Version
Number
23/10/13
Lara Clare
New Document
Chris Cawley
1.0
17.02.14
Chris Cawley
Policy following consultation
Chris Cawley
1.1
36
Next
Review
Date
NNDC ENVIRONMENTAL HEALTH DEPARTMENT
Sex Establishments Policy
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NORTH NORFOLK
DISTRICT COUNCIL
Local Government (Miscellaneous Provisions) Act 1982
Statement of Licensing Policy
for
Sex Establishments
North Norfolk District Council
Council Offices
Holt Road
Cromer
NR27 9EN
Telephone: 01263 516189
E-mail: licensing@north-norfolk.gov.uk
www.northnorfolk.org
Approved by Licensing Committee on:
Approved by Council on:
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Preface
This Statement of Licensing Policy sets out the Council‟s requirements for premises
to be licensed as sex establishments within the meaning of schedule 3 of the Local
Government (Miscellaneous Provisions) Act 1982 (as amended), hereafter referred
to as the „Act‟.
Section 2 of the Act provides that local authorities may resolve that schedule 3 will
apply to their area, which has the effect of requiring premises operating as sex
establishments in that authority‟s area to be licensed. Adoption of schedule 3 also
allows the Council to set terms and conditions and fees for the grant, renewal,
transfer and variation of such licences and the number of licences that may be
issued in the area, including nil.
Any comments on the contents of this policy should be sent to:The Licensing Manager
North Norfolk District Council
Holt Road
Cromer
Norfolk
NR27 9EN
or by e-mail to licensing@north-norfolk.gov.uk
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Table of Contents
Paragraph
Subject
Page
Foreword
4
1.0
Introduction
5
2.0
Consultation
5
3.0
Definition of „Sex Establishment‟
6
4.0
Location of Licensed Premises
6
5.0
Making an Application
6
6.0
Grant, Renewal or Transfer of Licences
7
7.0
Variation of Licences
7
8.0
Objections
7
9.0
Determining Applications
8
10.0
Conditions
8
11.0
Refusal of Licences
9
12.0
Revocation of Licences
10
13.0
Cancellation of Licences
10
14.0
Complaints
11
15.0
Enforcement
11
16.0
Exchange of Information
11
17.0
Administration
11
Annex A
Application Requirements
13
Annex B
Example of Public Notice
16
Annex C
Standard Conditions
17
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Foreword
North Norfolk District Council, hereafter referred to as the Council is situated in the
County of Norfolk. The Council‟s area has a population of 101,499 (2011 Census). In
terms of area it covers 991.97 square kilometres (383 square miles). The Council‟s
area is mainly rural. These areas are shown in the map below.
The Council currently has no premises licensed as sex establishments.
This „Statement of Licensing Policy‟ sets out the policy the Council will generally
apply when making decisions on applications for Sex Establishment Licences. It also
sets out information about the application process, what is expected of applicants
and how people can make objections about applications. It also sets out the types of
controls that are available to the Council when decision are made about licence
applications and explains what action will be taken if complaints are received.
The policy should be read in conjunction with, and without prejudice to other existing
legislation including the Human Rights Act 1998 and the Equality Act 2010.
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NNDC ENVIRONMENTAL HEALTH DEPARTMENT
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1.0
Introduction
1.1
The Council resolved to apply Schedule 3 of the Act on the ‘DATE’ 1982?,
providing that anyone wishing to operate a „sex establishment‟ within the
district must first obtain a licence from the Council.
1.2
The Council resolved to adopt the provisions introduced by Section 27 of the
Policing and Crime Act 2009 on the 19th December 2012 with a
commencement date of the 1st April 2013.
1.3
This Statement of Licensing Policy for Sex Establishments sets out the
Council‟s requirements for premises to be licensed as „sex establishments‟
within the meaning of the Act (as amended).
1.4
This Policy was adopted by the Council on
consultation period as required by law.
1.5
Readers are strongly advised to seek their own legal advice if they are unsure
of the requirements of the Act or schedules issued under the Act.
2.0
Consultation
2.1
Consultation on this policy took place with:
 The Chief Officer of Norfolk Constabulary
 One or more persons who appear to the Council to represent the interests
of persons carrying on or proposing to carry on the business of a sex
establishment in the district
 One or more persons who appear to the Council to represent the interests
of persons to be employed either as performers or otherwise in the
business of a sex establishment in the district
 One or more persons who appear to the Council to represent the interests
of persons likely to be affected by or otherwise have an interest in the
policy including the Planning Authority, Fire Authority, Community Safety,
Environmental Protection and Child Protection
 Interested parties such as resident associations, trade associations and
others as considered appropriate.
 Ward Councillors
 Town and Parish Councils
2.2
The Licensing Authority will give due weight to the views of those consulted
and the policy can be amended as appropriate. In determining what weight to
give particular representations, the factors to be taken into consideration will
include:
 Who made the representation and what was their expertise and interest
 How many other people expressed the same or similar views
 How the representation related to the matters the Council should include
in its policy.
41
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2.3
A full consultee list, comments received and the Council‟s considerations can
be obtained by email to licensing@north-norfolk.gov.uk
2.4
The policy is published via the Council‟s website at www.northnorfolk.org
3.0
Definition of ‘sex establishment’
3.1
A „sex establishment‟ is defined under the Act as a „sex shop‟, a „sex cinema‟
or a „sexual entertainment venue‟. Full definitions of those terms can be found
in Schedule 3 of the Act.
3.2
It includes any premises, vehicle, vessel or stall used as a sex establishment
but does not apply to the sale, supply or demonstration of articles which are
manufactured for use primarily for the purposes of birth control or primarily
relate to birth control.
4.0
Location of Licensed Premises
4.1
The Council acknowledges that a concentration of licensed premises in a
particular area can result in a potential fear of crime, anti-social behaviour,
noise pollution and other disturbance to residents. In such cases the amenity
of local residents can be placed under severe pressure.
4.2
The Council has not imposed a limit on the number of premises that may be
licensed in any area, and will treat each application upon its own merits.
4.3
The Council expects that applications for licences for permanent commercial
premises should be from businesses with planning consent for the property
concerned.
5.0
Making an application
5.1
An application for the grant, renewal, transfer or variation of a licence must be
made in writing to the Council in accordance with the requirements shown in
Annex A to this policy.
5.2
An application form is available separately and an example of a public „notice‟
for advertising is attached in Annex B.
5.3
Applications can be made in the following ways:
5.3.1 By post/personal service to:
Licensing
North Norfolk District Council
Holt Road
Cromer
Norfolk
NR27 9EN
5.3.2 Email: licensing@north-norfolk.gov.uk
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6.0
Grant, renewal or transfer of licences
6.1
The Council may grant to any applicant or renew any licence for the use of
any premises as a „sex establishment‟ on such terms and conditions as may
be specified.
6.2
A licence will remain in force for one year, or such shorter period specified in
the licence, unless previously cancelled or revoked.
6.3
The Council may, if they think fit, transfer a licence to any other person upon
application by that person.
6.4
Where an application for renewal of a licence is made before the date of
expiry of the existing licence, the licence shall remain in force until such time
as the application has been determined.
7.0
Variation of licences
7.1
The holder of a licence may apply to the Council to vary the terms, conditions
or restrictions on or subject to which the licence is held.
8.0
Objections
8.1
Objections may be made to an application by any person.
8.2
An objection must be in writing and addressed to the Licensing Manager, at
the Council stating the grounds on which the objection is made.
8.3
The Council will only consider objections that relate to the matters mentioned
in paragraph 11 below. Objections should not be based on moral grounds or
values.
8.4
Objections will only be accepted if they are made within the period of 28 days
following the date on which the application was accepted by the Council.
8.5
The Council will not consider any objection that does not contain the name
and address of the person making it.
8.6
Where objections are made the Council will provide copies to the applicant.
However, the Council will not divulge the identity of the objector/s to the
applicant without their permission to do so.
8.7
Where objections are made and not withdrawn, a hearing before a Licensing
Sub-Committee will normally be held within 20 working days of the end of the
period in which objections might be made, unless all parties agree a hearing
is not necessary.
8.8
In all cases, applicants and those making objections that are aggrieved by a
decision of the Council are entitled to appeal that decision to the Magistrates‟
Court.
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8.9
Where no objections are made, the Council may grant the licence using
delegated authority.
9.0
Determining applications
9.1
When considering applications, the Council will have regard to:
9.1.1 the Local Government (Miscellaneous Provisions) Act 1982;
9.1.2 any supporting regulations;
9.1.3 this Statement of Licensing Policy; and
9.1.4 any objections made.
9.2
This does not, however, undermine the rights of any person to apply for a
licence and have the application considered on its individual merits, nor does
it override the right of any person to make objections on any application where
they are permitted to do so under the Act.
9.3
When determining applications, the Council will take account of any
comments or representations made by:

Norfolk Constabulary;

The Council‟s Environmental Protection and Commercial Teams; and

Planning Services

Norfolk Fire Services: and

Any other relevant authority
9.4
The Council reserves the right to consult any other body that it considers
appropriate.
10.0
Conditions
10.1
The Council will attach „standard conditions‟ as specified in Annex C to this
Policy document to all sex establishment licences.
10.2
Additional conditions may be added in the following circumstances:
10.2.1 When offered by the applicant as part of the application;
10.2.2 Voluntary following recommendations made by the Licensing Authority,
Police etc;
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10.2.3 By the Licensing Sub-Committee following receipt of an objection.
10.3
Applicants who wish to be exempt from the requirements of any of the
„standard conditions‟ should state, with full reasons why they should be so
exempted, when making an application.
11.0
Refusal of licences
11.1
Except where the Council are prohibited from granting, renewing, varying or
transferring a licence, the Council will not refuse a licence without first:
11.2
11.3
11.1.1
Notifying the applicant or holder of the licence in writing of the
reasons;
11.1.2
Giving the applicant (or holder) of the licence the opportunity of
appearing and making representations before a Licensing SubCommittee.
In accordance with Paragraph 12(1) of Schedule 3 to the „Act‟ the Council
must refuse to grant or transfer a licence to:
11.2.1
A person under the age of 18;
11.2.2
A person who is for the time being disqualified from holding a
licence;
11.2.3
A person who is not resident in the United Kingdom or was not so
resident throughout the period of 6 months immediately preceding
the date upon which the application was made;
11.2.4
A body corporate which is not incorporated in the United Kingdom;
11.2.5
A person who has, within the period of 12 months immediately
preceding the date upon which the application was made, been
refused the grant or renewal of a licence for the premises, vehicle,
vessel or stall in respect of which the application is made, unless the
refusal has been reversed on appeal.
In accordance with Paragraph 12(2) of Schedule 3 to the Act the Council may
refuse:
11.3.1
an application for grant or renewal of a licence on one or more of the
grounds shown in paragraph 11.4 below;
11.3.2
an application for transfer of a licence on either or both of the
grounds shown in paragraph 11.4.1 and 11.4.2 below.
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The grounds for refusal are:
11.4.1
That the applicant is unsuitable by reason of having been convicted
of an offence or for any other reason;
11.4.2
That if the licence were to be granted, renewed or transferred the
business to which it relates would be managed by or carried on for
the benefit of a person, other than the applicant, who would be
refused the grant, renewal or transfer of such a licence if he made
the application him/her self;
11.4.3
That the number of sex establishments in the relevant locality that
the application is made is equal to or exceeds the number which the
Council considers is appropriate for that locality;
11.4.4
That the grant or renewal of the licence would be inappropriate
having regard to:
 The character of the relevant locality;
 The use to which any premises in the vicinity are put; or
 The layout, character or condition of the premises, vehicle, vessel
or stall in respect of which the application is made.
11.5
Nil may be an appropriate number for the purposes of paragraph 11.4.3
above although the Council has not set such a figure.
12.0
Revocation of licences
12.1
The Council may revoke a licence:
12.1.1
on any of the grounds specified in paragraph 11.2 above;
12.1.2
on either of the grounds specified in paragraphs 11.4.1 or 11.4.2
above.
12.2
The Council will not revoke a licence without first giving the holder of the
licence the opportunity of appearing and making representations before a
Licensing Sub-Committee.
12.3
Where a licence is revoked, its holder shall be disqualified from holding or
obtaining a licence for a period of 12 months from date of revocation.
13.0
Cancellation of licences
13.1
The licence-holder may surrender the licence at any time and may request the
Council in writing to cancel the licence.
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13.2
In accordance with Paragraph 15 of Schedule 3 to the Act, in the event of the
death of a licence-holder, the licence will be deemed to have been granted to
his personal representatives and will remain in force for 3 months from the
date of death, unless previously revoked. The representatives must comply
with the conditions of the licence and should not be someone who would not
normally be granted a licence in their own right subject to paragraph 11.2
13.3
Where the Council is satisfied that it is necessary for the purpose of winding
up the estate of the deceased licence-holder, it may extend or further extend
the period in which the licence remains in force.
14.0
Complaints
14.1
Where possible and appropriate the Council will give early warning to licence
holders of any concerns about problems identified at premises and of the
need for improvement.
15.0
Enforcement
15.1
The Council recognises that most licence holders seek to comply with the law.
Notwithstanding, any enforcement action will be in accordance with the
Council‟s Corporate Enforcement Policy.
16.0
Exchange of Information
16.1
The Council may exercise its power under Section 115 of the Crime &
Disorder Act 1998 to exchange data and information with the Police and other
partners.
16.2
Details of applications and objections which are referred to the Licensing SubCommittee will be published in reports that are made publicly available in
accordance with the Local Government Act 1972 and the Freedom of
Information Act 2000.
17.0 Administration
17.1
The setting of fees in relation to sex establishments is undertaken by the
Council.
17.2
Information and advice on all aspects of licensing can be obtained by either:

Visiting the website on www.northnorfolk.org , or

Telephoning the Council on (01263) 516189, or

By email to licensing@north-norfolk.gov.uk or
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
17.3
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By writing to:
Licensing
North Norfolk District Council
Holt Road
Cromer
Norfolk
NR27 9EN
Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 can
be accessed on the following link:
http://www.legislation.gov.uk/ukpga/1982/30/schedule/3
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Annex A to North Norfolk District Council’s
Statement of Licensing Policy - Sex Establishments
Requirements for applying for Grant, Variation, Transfer or Renewal
of a Sex Establishment Licence
All Applications
1.
To apply for the grant, variation, transfer or renewal of a sex establishment
licence an applicant must:
1.1 Send to the Council:

a completed application form;

where the application is either for the „grant‟ or a „variation‟ with a
change in layout then a plan to the scale of 1:100 of the premises to
which the application relates. [See paragraph 2 below for plan
requirements);

the fee.
1.2 Advertise the application. (See paragraphs 4 to 7 below on notice
requirements);
1.3 Send a copy of the application (and plan if applicable) to the Norfolk
Constabulary at the following address: Licensing Officer, 4th Floor,
Vantage House, Fishers Lane, Norwich, Norfolk NR2 1ET.
(Does not apply when application made by electronic on-line as in this
circumstance it is for the Council to send a copy within 7 days)
Plan requirements
2.
The plan shall show:
2.1 the extent of the boundary of the building, if relevant, and any external
and internal walls of the building and, if different, the perimeter of the
premises;
2.2 the location of points of access to and egress from the premises;
2.3 the location of escape routes from the premises;
2.4 in a case where the premises is to be used for more than one activity, the
area within the premises used for each activity;
2.5 fixed structures (including furniture) or similar objects temporarily in a
fixed location (but not furniture) which may impact on the ability of
individuals on the premises to use exits or escape routes without
impediment;
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2.6 in a case where the premises includes a stage or raised area, the location
and height of each stage or area relative to the floor;
2.7 in a case where the premises includes any steps, stairs, elevators or lifts,
the location of the steps, stairs, elevators or lifts;
2.8 in the case where the premises includes any room or rooms containing
public conveniences, the location of the room or rooms;
2.9 the location and type of any fire safety and any other safety equipment
including, if applicable, marine safety equipment; and
2.10 the location and use of other rooms, if any, on the premises.
3.
The plan may include a legend through which the matters mentioned or
referred to above are sufficiently illustrated by the use of symbols on the plan.
Public Notice Requirements
4.
A notice must be displayed at or on the premises to which the application
relates for a period of not less than 21 consecutive days from the day following
the day the application was given to the Council, where it can be conveniently
read from the exterior of the premises.
5.
The notice must be paper sized A4 or larger and printed legibly in black ink or
typed in black in a font size equal to or larger than 16.
6.
The notice must state:
6.1 details of the application and activities that it is proposed will be carried on
or from the premises,
6.2 the full name of the applicant,
6.3 the postal address of the premises, or in the case where there is no postal
address, a description of the premises sufficient to enable the location and
extent of the premises to be identified,
6.4 the date, being 28 days after that on which the application is given to the
Council, by which representations may be made and that representations
should be made in writing,
7.
A similar notice must be published in a local newspaper within 7 days of giving
the application to the Council.
Variation of a licence
8.
The holder of a licence may apply at any time for any variation of the terms,
conditions or restrictions on or subject to which the licence is held.
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Renewal of a licence
9.
The holder of a licence may apply for renewal of the licence. In order for the
licence to continue to have effect during the renewal process, a valid
application together with the appropriate fee must be submitted before the
current licence expires.
10. The process of applying for renewal of a licence is the same as that for
applying for an initial grant except that a plan of the premises is not required.
Transfer of a licence
11. A person may apply for transfer of a licence at any time.
12. The process of applying for transfer of a licence is the same as that for applying
for an initial grant except that a plan of the premises is not required.
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Annex B to North Norfolk District Council’s
Statement of Licensing Policy - Sex Establishments
Example of Public Notice
NOTICE OF APPLICATION FOR
GRANT / RENEWAL/ VARIATION / TRANSFER
OF A SEX ESTABLISHMENT LICENCE
Local Government (Miscellaneous Provisions) Act 1982
Schedule 3
NOTICE IS HEREBY GIVEN that I/we [insert name of applicant] of [insert
applicant’s address] have made an application to North Norfolk District
Council being the licensing authority for the purpose of Section 2 of the
above „Act‟ for the [insert type of application e.g. grant, renewal etc ] of a
[insert type of licence e.g. sex shop, sex cinema or sexual entertainment
venue] licence in respect of premises known as [insert trading name of
premises] at [insert full address of premises].
Anyone wishing to object to this application should do so, in writing stating
reasons by [enter date] to the Licensing Manager, Licensing, North Norfolk
District Council, Holt Road, Cromer, Norfolk, NR27 9EN
Notes:
 This Notice may also be used to display the application on the premises or for
publication in a local newspaper.
 The date to be inserted in the notice by which objections must be made will be
that of the 28th day following the day on which the application is given to the
Council.
Newspaper Notice
 It must be published in a local newspaper circulating in the vicinity of the
premises.
 The Notice must be published on AT LEAST ONE OCCASION during the period
of SEVEN DAYS starting on the day after the day on which the application was
given to the Council.
Premises Notice
 This Notice must be of a size EQUAL TO OR LARGER THAN A4 paper. It must
be PRINTED IN BLACK INK or TYPED IN BLACK in a FONT SIZE EQUAL TO
OR LARGER THAN 16.
 It must be displayed prominently on or near the premises to which the
application relates where it can be conveniently read from the exterior of the
premises.
 The Notice must be displayed for a period of NOT LESS THAN 21
CONSECUTIVE DAYS starting on the day after the day on which the application
was given to the Council.
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Annex C to North Norfolk District Council’s
Statement of Licensing Policy - Sex Establishments
Standard Conditions - Sex Establishments
North Norfolk District Council reserves the powers to alter, modify or dispense with
these conditions as it see fit at any time.
The following Conditions Apply to all Sex Establishments
1.0
Definition
1.1
In these Regulations, save when the context otherwise requires the following
expressions, shall have the following meanings:
1.1.1 “Sexual Entertainment Venue”, “Sex Cinema”, “Sex Shop” & “Sex
Article” shall have the meanings ascribed to them in the Third Schedule
of the Local Government (Miscellaneous Provisions) Act 1982.
1.1.2 “Premises” means a building or part of a building and any forecourt
yard or place of storage used in connection with a building or part of a
building which is the subject of a licence for a Sex Establishment
granted under the said Third Schedule.
1.1.3 “Approval, Approved or Consent of the Council” means the approval or
consent of the Council in writing.
1.1.4 “The Council” means the North Norfolk District Council
1.1.5 “Film” shall have the meaning ascribed to it in the Films Act 1985.
2.0
General
2.1
2.2
In the event of a conflict between these regulations and any special conditions
contained on a licence relating to a Sex Establishment the special conditions
shall prevail.
The grant of a licence for a Sex Establishment shall not be deemed to convey
any approval or consent which may be required under any enactment by law
order or regulation other than the Third Schedule of the Local Government
(Miscellaneous) Act 1982.
3.0
Variation of Conditions
3.1
The Council may at any time waive, modify or vary these conditions or impose
additional conditions in any particular case. However, before doing so the
Council will consult with the licence holder.
4.0
Licensed Name
4.1
The name of the premises specified on the licence shall be known as the
“Licensed Name”. The licence holder shall ensure that the premises are
known solely by that name and by no other, save as provided for by
paragraph 5 below.
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4.2
An application in respect of a change of licence name shall be made to the
Council in writing not less than 28 days prior to the proposed change and the
Council shall have an absolute and unfettered discretion to allow or refuse
such a change.
5.0
Conduct and Management of Sex Establishments
5.1
Where the licence holder is a body corporate or an unincorporated body any
change of director, company secretary or other person responsible for the
management of the body is to be notified in writing to the Council within 14
days of such change. The notification should include a completed „Information
on Individuals‟ form which is attached to an application form for a Sex
Establishment Licence at Annex A. Additionally, should the Council request
information in respect of any new person this must be furnished within 14
days of such a request in writing from the Council.
5.2
The licence holder, or a responsible person nominated by him in writing for
the purpose of managing the Sex Establishment in his absence and of whom
details have been supplied to and approved in writing by the Council shall be
in charge of and upon the premises during the whole time they are open to the
public.
5.3
The name of the person responsible for the management of a Sex
Establishment (whether the licence holder or a manager) approved by the
Council shall be prominently displayed within the Sex Establishment
throughout the period during which he is responsible for its conduct.
5.4
The licence holder shall maintain a daily register in which he shall record the
name and address of any person who is responsible for managing the Sex
Establishment in his absence and the names and addresses of those
employed in the Sex Establishment. The register is to be completed each day
within thirty minutes of the Sex Establishment opening for business and is to
be available for inspection by the Police and by authorised officers of the
Council.
5.5
The licence holder shall retain control over all portions of the premises and
shall not let or part with possession of any part of the premises.
5.6
The licence holder shall maintain good order in the premises.
5.7
No person under the age of 18 shall be admitted to the premises or employed
in any part of the business of Sex Establishment.
5.8
The licence holder shall ensure that the public is not admitted to any part or
parts of the premises other than those which have been approved by the
Council.
5.9
Prostitutes shall not use any part of the premises for the purposes of
solicitation or of otherwise exercising their calling.
5.10 Neither the licence holder nor any employee or other person shall seek to
obtain custom for the Sex Establishment by means of personal solicitation
outside or in the vicinity of the premises.
5.11 The licence holder shall comply with all statutory provisions and any
regulations made there under.
5.12 The licence holder shall ensure that during the hours of Sex Establishment is
open for business every employee wears a badge of a type to be approved by
the Council indicating his name and that he is an employee.
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5.13 The copy of the licence and conditions are required to be displayed in
accordance with Paragraph 14(1) of Schedule 3 of the Local Government
(Miscellaneous Provisions) Act 1982 and shall be reproduced to the same
scale as those issued by the Council. The copy of the licence required to be
displayed as aforesaid shall be suitably framed and the condition of these
Regulations shall be retained in a clean and legible condition.
6.0
Use
6.1
6.2
No change of use of any part of the premises from that approved by the
Council shall be made until the consent of the Council has been obtained.
No change of use between a Sex Cinema, a Sex Shop or a Sexual
Entertainment Venue shall be effected without the prior consent of the
Council.
7.0
External Appearance
7.1
No display, advertisement, word, letter, model, sign, placard, board, notice,
device, representation, drawing, writing, or any other matter or thing (whether
illuminated or not) shall be exhibited so as to be visible from outside the
premises except:
7.1.1 Any notice of a size and in a form approved by the Council which is
required to be displayed so as to be visible from outside the premises
by law, or by any condition of a licence granted by the Council.
7.1.2 Such display, advertisement, word, letter, model, sign, placard, board,
notice, device, representation, drawing, writing, or any matter or thing
as shall have been approved by the Council.
The entrances to the premises shall be of a material or covered with a
material, which will render the interior of the premises invisible to passers-by.
Windows and openings to the premises other than entrances shall not be
obscured otherwise than with the consent of the Council but shall have
suspended behind them, in a position and at an angle approved by the
Council, opaque screens or blinds of a type and size approved by the Council.
7.2
7.3
8.0
State, Condition & Layout of Premises
8.1
8.2
The premises shall be maintained in good repair and condition.
The number, size and position of all doors or openings provided for the
purposes of the ingress and egress of the public shall be approved by the
Council and shall comply with the following requirements:
8.2.1 All such doors or openings approved by the Council shall be clearly
indicated on the inside by the word “exit”.
8.2.2 Doors and openings, which lead to parts of the premises, to which the
public are not permitted, shall have notices placed over them marked
“private”.
8.2.3 Save in the case of emergency no access shall be permitted through
the premises to any unlicensed premises adjoining or adjacent.
The external doors to the Sex Establishment shall be fitted with a device to
provide for their automatic closure and such devices shall be maintained in
good working order.
8.3
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8.4
8.5
8.6
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Where premises do not have an entrance lobby there shall be provided within
the entrance of the premises a partition screening the interior of the premises
from passers-by at all times whilst the entrance doors may be opened.
Alterations of additions either internal or external and whether permanent or
temporary to the structure, lighting or layout of the premises shall not be made
except with the prior approval of the Council.
All parts of the premises shall be kept in a clean and good condition to the
satisfaction of the Council.
9.0
Safety
9.1
The licence holder shall take all reasonable precautions for the safety of the
public and employees.
The licence holder shall comply with any health and safety measures that may
be required of him by the Council.
9.2
The Following Conditions Apply to ‘Sex Shops’ only
10.0 Times of Opening
10.1 Except with the prior written consent of the Council a sex shop shall only be
open between 9am and 8pm Monday to Saturday inclusive.
10.2 Except with the prior written consent of the Council a sex shop shall not be
open on Sundays or any Bank Holidays or any public holidays.
10.3 A sex shop shall be conducted primarily for the purpose of the sale of goods
by retail.
11.0 Use of Sex Shop
11.1 Neither sex articles nor other things intended for use in connection with, or the
purpose of stimulating or encouraging sexual activity or acts of force or
restraint which are associated with sexual activity shall be displayed, sold,
hired, exchanged, loaned or demonstrated in a sex cinema or sexual
entertainment venue.
12.0 Goods available in Sex Shops
12.1 All sex articles and other items displayed for sale, hire, exchange or loan
within a sex shop shall be clearly marked to show to persons who are inside
the sex shop the respective prices being charged.
12.2 All printed matter offered for sale, hire, exchange or loan shall be available for
inspection prior to purchase and a notice to this effect is to be prominently
displayed within the sex shop.
12.3 The licence holder shall without charge display and make available such free
literature on counselling on matters related to sexual problems as may be
published by the Family Planning Association and by such other similar
organisations as may be specified by the Council. Such literature is to be
displayed in a prominent position adjacent to all cash collection points in the
sex establishment.
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13.0 State, Condition and Layout of the Premises
13.1 Lighting in all parts of a sex shop shall be in operation continuously during the
whole of the time that the premises are open to the public.
The Following Conditions Apply to ‘Sexual Entertainment Venues’ only
14.0 General Rules and Conduct
14.1 All reference to striptease includes all forms of striptease or nudity, including
the wearing of transparent clothing.
14.2 No payment shall be made by or on behalf of the licence holder for bringing
persons to the premises (i.e. no touting).
14.3 Striptease and nudity shall not be visible from outside the premises. The
layout of premises should be as such to ensure that this requirement applies
equally when doors are open for access and egress.
14.4 No persons (whether as customers, employees, performers or other persons)
under the age of 18 years shall be permitted on the premises during
performances. A clear notice shall be displayed at each entrance to the
premises in a prominent position so that it can be easily read by persons
entering the premises in the following term: “No person under 18 shall be
admitted”.
14.5 All members of staff at the premises, including door supervisors, shall seek
credible photographic proof of age evidence from any person who appears to
be under the age of 18 years, and who is seeking access to the premises.
14.6 Striptease performers shall be aged not less than 18 years and no striptease
performers may perform at the premises until such time as photographic proof
of identity, showing date of birth, is provided, confirming that the performer is
over the age of 18 years.
14.7 A customer Code of Conduct shall be prominently displayed and clearly
visible throughout the premises advising patrons of the rules in relation to the
performance.
14.8 There shall be in place a Code of Conduct for all performers. Each performer
is to sign a copy of the Code of Conduct before being allowed to commence
dancing at the premises. A copy of the code of conduct will be submitted to
the Police and Council and shall not be amended without prior consultation
with the Council.
14.9 No still or moving photographic recordings or other recordings shall be made
of any performances by customers at the time in the premises.
14.10 Performers shall not take or give personal contact details, e.g. telephone
number, email, social network contact, etc.
14.11 There must be no movement of the performer‟s G-string (including flashing,
hands or fingers inside G-strings) or removal of the G-string except in the
dressing rooms or the private dance area.
14.12 Performers must report all inappropriate behaviour and breaking of the house
rules (Customer Code of Conduct) to the management.
14.13 Performers found taking drugs on the premises or under the influence of
alcohol or drugs shall not be allowed to perform.
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15.0 Door Supervisors
15.1 The licence holder shall employ SIA registered door supervisors at all times
the premises is open for business as a sexual entertainment venue.
15.2 The licence holder shall ensure that a register is maintained on the premises
and will include a contemporaneous entry showing the name, registration
number and tour of duty of every door supervisor employed in/on the
premises at any one time. The register shall be so kept that it can be readily
inspected at any reasonable time by a police officer, an authorised officer of
the Council or an officer of the Security Industry Authority (SIA).
15.3 The licence holder shall ensure that every person engaged as aforesaid in the
capacity of door supervisor shall, at all times whilst on duty, wear in a readily
visible position, an SIA badge.
15.4 The licence holder shall ensure that all door supervisors are aware of the
position of:
15.4.1 emergency lighting switches;
15.4.2 the method of entry and exit by both normal and emergency exits;
15.4.3 the location of telephones and radios, with instructions for calling the
emergency services.
The Following Conditions Apply to ‘Sex Cinemas’ only
16.0
Film Classification
16.1
No film or video film shall be exhibited unless it has been passed by the
British Board of Film Classification and bears a certificate to that effect, and is
a reproduction authorised by the owner of the copyright of the film or video
film so certified. Any such film or video film shall comply with the Video
Recordings Act 1984.
17.0
External Layout of Sex Cinema
17.1
The windows, doors fascia board, walls and all external parts of the premises
including the roof shall not contain any form of writing, sign or display save for
the following in the form approved by the Council:17.1.1 The licensed name of the premises;
17.1.2 The address of the premises;
17.1.3 A notice stating the opening hours of the establishment;
17.1.4 The wording “ADULT CINEMA” but no other indication as to the
nature of the business carried on at the licensed premises.
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