Please Contact: Linda Yarham
Please email: Linda.yarham@north-norfolk.gov.uk
Please Direct Dial on: 01263 516019
14 January 2016
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 Monday 14 March 2016 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
Anyone attending this meeting may take photographs, film or audio-record the proceedings and
report on the meeting. Anyone wishing to do so must inform the Chairman. If you are a member
of the public and you wish to speak on an item on the agenda, please be aware that you may be
filmed or photographed.
Sheila Oxtoby
Chief Executive
To: Mrs A Claussen-Reynolds, Mr N Coppack, Mrs H Cox, Mrs P Grove-Jones, Mr B Hannah,
Mr P High, Mr J Lee, Mr P Moore, Mr R Price, Mr R Reynolds, Mr P Rice, Mr S Shaw, Mr R
Shepherd, Mr B Smith, Mrs V Uprichard
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 4)
To approve as a correct record, the minutes of the meeting of the Licensing and Appeals
Committee held on 25 January 2016 and also the minutes of a meeting of the Licensing
Sub-Committee held on 20 January 2016.
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.
DAY BOARDING FOR DOGS
(attached – page 16)
(Appendix A – page 20)
Summary:
To implement a set of licence conditions which would be
appropriate for people undertaking day boarding of dogs
(commonly referred to as Doggy Day Care)
Conclusions:
Adoption of the proposed day boarding conditions.
Recommendations:
That the proposed day boarding of dogs conditions, as
contained in the Appendix attached to this report, be
adopted with immediate effect.
That the Head of Environmental Health be authorised to
make any minor amendments to the conditions as
necessary.
Cabinet Member(s)
Councillor Judy Oliver –
Portfolio Holder
Councillor Richard Price Chairman of the Licensing
Committee
Ward(s) affected - All
Contact Officer, telephone number and email:
Gemma Faircloth 01263 516139 gemma.faircloth@north-norfolk.gov.uk
7.
UPDATE ON GENERAL LICENSING ISSUES
To give an oral update on licensing issues.
8.
UPDATE ON TASK & FINISH GROUPS
To give an oral update on task and finish groups.
9.
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.”
10.
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 25
January in the Council Chamber, Council Offices, Holt Road, Cromer.
Members Present:
Mrs A Claussen-Reynolds
Mr N Coppack
Mrs H Cox (Vice-Chairman)
Mrs P Grove-Jones
Mr B Hannah
Mr P High
Mr P Moore
Mr R Price (Chairman)
Mr R Reynolds
Mr S Shaw
Mr B Smith
Mrs V Uprichard
Mr T FitzPatrick (observing)
Officers in attendance:
Public Protection Manager, Legal Advisor and Committee Officer
(Regulatory)
24
APOLOGIES FOR ABSENCE
Mr P Rice and Mr R Shepherd sent apologies.
25
PUBLIC QUESTIONS
None received.
26
MINUTES
The minutes of the meeting of the Licensing and Appeals Committee held on 16
November 2015 and also the minutes of meetings of the Licensing Sub-Committee
held on 28 October and 14 December 2015 were approved as correct records and
signed by the Chairman.
At the request of Councillor R Reynolds, the Public Protection Manager updated the
Committee regarding the suspension of a taxi driver by the Licensing Sub-Committee
on 14 December 2015. The driver concerned had handed in his badge and the
suspension was effective until February 2016.
27
ITEMS OF URGENT BUSINESS
None.
28
DECLARATIONS OF INTEREST
None.
29
UPDATE ON GENERAL LICENSING ISSUES
The Public Protection Manager updated the Committee on the following issues:
Licensing & Appeals Committee
4
14 March 2016
Premises Licence Reviews
The Sub-Committee had reviewed two premises licences recently which meant that
nuisance or public order issues relating to the premises should be solved. The Public
Protection Manager considered that reviews were very useful.
Licensing and Gambling Policies
The Licensing Policy and Gambling Policy would shortly be coming into force and will
be published on the website.
Mobile Park Homes
The Mobile Homes Fees Policy was now in force.
Fakenham Taxi Rank
The Licensing Enforcement Officer had visited the Fakenham rank. It did not appear
to be in much use. Double yellow lines had not been removed when the rank was
installed and the Highway Authority had been asked to remove them. There
appeared to be no issues with drivers parking elsewhere in the town but the
Licensing Enforcement Officer would continue to make checks when she was in
Fakenham.
Cromer Taxi Rank
The Chairman stated that the County County had agreed to arrange for markings to
be installed at Cromer Bus Station taxi rank. The Public Protection Manager agreed
to check progress.
Deer’s Glade appeal
Four objectors had appealed the decision by the Licensing Sub-Committee to grant a
premises licence for Deer’s Glade Caravan and Camping Park at Hanworth. An
argument that the Licensing Sub-Committee had made a legal error was heard
before the District Judge in the Magistrates Court, who had found in the Council’s
favour. The appeal hearing itself would be heard in the Magistrates Court on a date
yet to be fixed. The Legal Advisor had written to the Solicitors acting for the objectors
advising them of the impact of deregulation of licensing activities in the event of a
successful outcome.
Responses from Responsible Authorities
The Public Protection Manager had requested the Council’s Health and Communities
Officer to raise the Committee’s concerns with regard to lack of response from
Responsible Authorities, in particular Safeguarding. Other responsible authorities
were now responding well.
Review of Animal Establishments Licensing in England
The Council are being consulted on proposals which would simplify the licensing of
pet shops, animal boarding, breeding and riding establishments.
Licensing & Appeals Committee
5
14 March 2016
Licensing Sub-Committee 20 January 2016
Councillor P W High referred to the Licensing Sub-Committee on 20 January 2016
which he had chaired. He stated that this had been a long and arduous meeting and
thanked the Public Protection Manager and Legal Advisor for their work in supporting
the Sub-Committee.
30
UPDATE ON TASK AND FINISH GROUPS
Alternative Trading
Meetings will take place on 17 February and further date(s) to be arranged.
Charitable Collections
Meetings will take place on 17 February and further date(s) to be arranged.
Hackney Carriage & Private Hire
A date had not yet been set for this group. The Chairman requested a volunteer to
join the group.
Mrs H Cox expressed an interest in joining the group, depending on the date.
The Public Protection Manager envisaged little change to the policy. However it
needed updating to cover changes in the industry since the previous review and
refreshing of the format to bring it in line with other policies.
The Taxi Forum would be approached with regard to changes which the industry
would like to see included in the policy.
Councillor P W High commented that the Sub-Committee on 20 January 2016 had
considered two applications for taxi licences where the applicants’ DBS reports had
revealed very historic offences. These cases had been determined within 10 minutes
and the Sub-Committee had not considered it necessary to leave the Council
Chamber to discuss them. He asked if Officers could be given delegated powers to
determine such cases to save time and cost.
The Public Protection Manager considered that delegated powers would be helpful
and she would be happy to determine such cases. Those cases where there was a
‘grey area’ would be brought to the Committee.
The Chairman referred to a High Court challenge regarding the relevance of past
offences which may have an effect on this matter.
The Chairman informed the Committee that a training session on Taxi Licensing
would be held on 10 February 2016 at South Cambridgeshire Council.
31
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
Licensing & Appeals Committee
6
14 March 2016
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.
32
UPDATE ON RIDING ESTABLISHMENT CASE
At the request of Councillor R Reynolds, the Legal Advisor updated the Committee
with regard to a case where the Licensing Sub-Committee had refused to grant a
riding establishment licence.
The meeting closed at 10.29 am.
___________________
Chairman
Licensing & Appeals Committee
7
14 March 2016
LICENSING AND APPEALS SUB-COMMITTEE
Minutes of a meeting of the Licensing Sub-Committee held on 20 January 2016
in the Council Chamber, Council Offices, Holt Road, Cromer at 10.00 am.
Sub-Committee
Mr P High(Chairman)
Mr R Shepherd
Mr N Coppack
Officers in Attendance:
Public Protection Manager, Licensing Enforcement
Officer, Legal Advisor and Committee Officer
(Regulatory).
Environmental Protection Manager and
Environmental Protection Officer (for minute 9)
1
Senior
APOLOGIES
None received.
2
ITEMS OF URGENT BUSINESS
None received.
3
DECLARATIONS OF INTEREST
None.
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/150021015)
Present: Applicant
The Chairman introduced the Sub-Committee and Officers.
The Legal Advisor outlined the purpose of the hearing and explained the
procedure for the meeting.
The Public Protection Manager presented the report. The applicant had
applied for a licence to drive hackney carriage or private hire vehicles in North
Norfolk.
His DBS report had raised issues which required further
consideration. She drew attention to the historic nature of the applicant’s
convictions. She outlined the Sub-Committee’s options for determining this
application.
Licensing & Appeals Committee
8
14 March 2016
The applicant presented his case. He explained the circumstances of his
historic convictions, which occurred 29 years ago, for which he accepted full
responsibility. He outlined his employment history, which involved a large
amount of responsibility. He stated that he was married with children and was
a good, law-abiding citizen but accepted he had a history.
The Sub-Committee considered that it was not necessary to adjourn to
consider its decision as having heard the applicant’s case, Members were
satisfied that he was a fit and proper person to hold a licence to drive hackney
carriage or private hire vehicles in North Norfolk.
RESOLVED
That the licence be granted.
6
Application for a Licence to Drive Hackney Carriage or Private Hire
Vehicles in North Norfolk (WK/150030890)
Present: Applicant
A copy of the applicant’s driving licence, which had been omitted from the
papers, was circulated to the Committee.
The Chairman introduced the Sub-Committee and Officers.
The Legal Advisor outlined the purpose of the hearing and explained the
procedure for the meeting.
The Public Protection Manager presented the report. The applicant had
applied for a licence to drive hackney carriage or private hire vehicles in North
Norfolk.
His DBS report had raised issues which required further
consideration. She drew attention to the lengthy but historic nature of the
applicant’s convictions. She outlined the Sub-Committee’s options for
determining this application.
The applicant presented his case. He explained that he currently worked as
an escort for children with learning difficulties. He now wanted a less physical
job and considered taxi driving to be ideal. He had raised one family and was
now raising another family.
The applicant answered Members’ questions concerning his historic
offending, his family circumstances and his current employment. He
explained that his historic offending stopped when he married and that his
conviction for driving with excess alcohol had occurred when his marriage
broke down. He had committed no offences since then.
The Sub-Committee considered that it was not necessary to adjourn to
consider its decision as having heard the applicant’s case, Members were
satisfied that he was a fit and proper person to hold a licence to drive hackney
carriage or private hire vehicles in North Norfolk.
RESOLVED
That the licence be granted.
Licensing & Appeals Committee
9
14 March 2016
7
Application for a Licence to Drive Hackney Carriage or Private Hire
Vehicles in North Norfolk (WK/150026539)
Present: Applicant & prospective employer
The Chairman introduced the Sub-Committee and Officers.
The Legal Advisor outlined the purpose of the hearing and explained the
procedure for the meeting.
The Public Protection Manager presented the report. The applicant had
applied for a licence to drive hackney carriage or private hire vehicles in North
Norfolk. He had previously held a licence which had been revoked, and his
DBS report had raised issues which required further consideration. She
explained the reason for revocation of the previous licence and stated that the
applicant had a right to reapply. She outlined the Sub-Committee’s options
for determining this application.
The applicant presented his case. He explained in detail the circumstances of
the incident involving drugs which had resulted in the revocation of his
licence. He had made a silly mistake which he wished he had not done. He
was currently unemployed and needed to get back into work.
The applicant’s prospective employer stated that prior to losing his licence,
the applicant was one of his better drivers. The applicant had made a stupid
mistake. He stated that he would not have attended the meeting if he did not
think the applicant was up to the job.
The Sub-Committee and the Legal Advisor questioned the applicant at length
regarding the incident and two speeding offences for which he had received
penalty points, his personal circumstances and previous employment.
The applicant made his closing statement. He reiterated that he had made a
silly mistake. He had not done it since and he was not interested in illegal
drugs. He wanted to continue his job as a taxi driver and put an end to this
matter.
The Legal Advisor advised the Sub-Committee that it should consider whether
or not the applicant was a fit and proper person to drive taxis in the District.
Members should consider the relevance of the applicant’s offences to driving
taxis, the nature of the offences and how recent they were. The applicant had
only one previous conviction. The Sub-Committee should consider two
endorsements for speeding over 30mph in a 30mph limit. She advised that
the Sub-Committee could take into account the fixed penalty notice for
possession of cannabis although it was not a conviction. Public safety should
be in the forefront of the Sub-Committee’s consideration.
The SubCommittee should take into account the statements by the applicant and the
attendance by his prospective employer.
The Sub-Committee retired at 10.47 and returned at 11.04 am.
The Chairman stated that whilst the Sub-Committee was concerned with
regard to the drug-related incident it was accepted that it was an isolated
incident and advised the applicant to take care where he stopped in future.
Licensing & Appeals Committee
10
14 March 2016
RESOLVED
That the licence be granted.
The press and public were readmitted to the meeting.
8
Enquiry regarding signage on vehicle, use of dvd screens for
advertising purposes (WK/150034107)
This application was deferred until the next meeting at the request of the
applicant as he was unable to attend this meeting.
9
Application for a review of a Premises Licence - The White Lady, Front
Street, Worstead, Norfolk, NR28 9RW
Present:
Mr D Gilligan (The White Lady)
Mr M Thompson (The White Lady)
Mrs R Pacey (local resident)
Cllr G Williams (local Member)
2 observers
Press
The Chairman introduced the Sub-Committee and Officers.
The Legal Advisor outlined the purpose of the hearing and explained the
procedure for the meeting.
The Public Protection Manager presented the report. An application had
been made for review of the premises licence held by Mr Gilligan and Mr
Thompson for The White Lady, Worstead. She referred to the location of the
premises and the complaints received which had led to the review. She
explained the activities which were allowed under the current licence and
current conditions of the licence. She referred to the representations which
had been received from responsible authorities and the statement by Mrs
Pacey. She drew attention to the Licensing Policy and guidance under
Section 182 of the Licensing Act 2003 relating to reviews, and in particular,
the powers of a licensing authority on the determination of a review as set out
in the report. She outlined the options available to the Sub-Committee in
determining this matter.
The Environmental Protection Manager gave an overview of this matter and
referred to the history of complaints associated with the premises, mainly in
relation to outdoor events. He explained that advice had been given prior to
the 2015 Titchfest event which was not adhered to, and a Noise Abatement
Notice had been served to prevent further outdoor events. Subsequent to
that Notice, Officers had worked with Mr Gilligan and Mr Thompson to try to
get the volume down to an acceptable level but this had not been possible.
Discussions had been held with regard to conditions which would restrict
events to coincide with the Worstead Festival and allow four weddings with
Licensing & Appeals Committee
11
14 March 2016
external amplified recorded music per year. Mr Gilligan and Mr Thompson
were not entirely happy with the proposal. He understood that Mr Gilligan
and Mr Thompson had undertaken some monitoring and had investigated
using the side door of the premises when events took place inside the
premises.
The Environmental Protection Manager answered questions.
Mr Gilligan referred to the proposed restricted times. There were no
restrictions on the Worstead Festival field where sound levels were higher
than he was expected to attain on the pub’s side of the boundary.
The Environmental Protection Manager stated that the authority was dealing
with the premises only and no complaints had been received in respect of
music at the Worstead Festival.
The Legal Advisor asked if there had been any issues since the Abatement
Notice was served. The Environmental Protection Officer explained that the
Environmental Protection team had worked with the premises during the
Worstead Festival weekend. Complaints had been received regarding the
volume of music and complaints regarding internal music which were not
related to the Abatement Notice.
Mr Gilligan was invited to put his case. He stated that historically music had
been played at the Worstead Festival for many years. Live music had been
played at the rear of the pub for 20 years. There had been no complaints up
until 2013 when the pub split from the Worstead Festival. He considered that
it was unfair that there were restrictions on the pub’s side of the hedge but not
on the other. He understood there had been complaints. He had not heard
of Mrs Pacey before and did not know where complainants were living as the
details in the monitoring report had been redacted. He stated that people did
not complain about the Village Hall, which put on live events, just the pub. He
was only asking for a level playing field.
Mr Thompson added that they had not held live events since the complaints.
They had monitored levels at the pub’s boundaries and at Max Carter Close.
They had received complaints about noise which had not been from their
premises and they had not had any music on at all. They had taken readings
from the village hall at 80dB and this could be heard within the restaurant.
In answer to questions from the Sub-Committee, Mr Gilligan stated that music
had been played at the pub and at the festival at the same time. They
provided food and entertainment for a fun run which took place on the Friday
of the Worstead Festival weekend.
Mrs Pacey was invited to make her statement. She stated that when the
marquee was sited close to the boundary the noise shook her house. It had
more recently been sited away from the boundary. She did not want to be
instrumental in Mr Gilligan losing his business but she did not think she
should have to put up with the noise. When music events took place she
could feel it both outside and inside her home and could not even think. The
only way to deal with it was to leave her home and she should not be forced
to do that. Because of her medical condition she had to ask a carer to drive
her away. The Worstead Festival finished earlier and was not the constant
unbearable noise coming from the White Lady. She would like to stay in her
home. She thanked Environmental Health for dealing with this matter.
Licensing & Appeals Committee
12
14 March 2016
In answer to a question Mrs Pacey stated that she had lived in the village for
5 years and when she first moved there she could hear music but it was
spasmodic, unlike the heavy sound banging away from the tents in the field.
It was a totally different sound.
Mr Gilligan responded to this comment stating that since he had owned the
pub there had been loud music in the field and complaints only started in
2013.
The Legal Advisor questioned Mr Gilligan and Mr Thompson regarding the
impact on Mrs Pacey, attempts they had made to contact local residents prior
to events taking place, action taken to try to reduce the noise levels, including
moving the marquee away from Max Carter Close.
Mr Gilligan stated that they had wandered around the village and received no
complaints from adjacent occupiers at Church Cottage, Old Post Office and
Jean’s Cottage, who were fairly supportive. He had never met Mrs Pacey.
There had been the same sort of bands and same size of marquee since
2011.
Mr Gilligan and Mr Thompson explained the measures taken to try to reduce
the noise level, including moving the marquee for weddings. It had not been
possible to achieve the level of 65dB requested by Environmental Health as
background noise was 45dB and noise from the Worstead Festival was 80dB
at the back door of the pub.
The Environmental Protection Officer explained that Environmental Health
had tried to get an understanding of the levels. It did not mean that levels
could be achieved because of other noise. He stated that every word which
was sung could be heard inside people’s houses. Assurance had been given
that a noise limiter would be on site, but it was not what Environmental Health
had expected and could be overridden and Officers did not have much trust in
the person operating it. Even with only the vocalist going through the
amplifier the noise was above the level deemed acceptable for local
residents. Environmental Health had tried to find a compromise.
Cllr G Williams, the local Member, was invited to speak. He stated that it was
important to encourage the retention of a successful pub business but equally
there was a requirement to look at issues which were having an impact on
people’s quality of life. He referred to a current planning application which, if
approved, would restrict the ability to move the marquee.
Mrs Pacey stated that she had not complained about the noise previously as
she had been unaware that she could do anything about it until somebody
told her she could complain.
Mr Gilligan presented his closing statement. He considered that restricting
The White Lady to four weddings a year would impinge upon the business.
He had spoken to James Wilson and Karen Baker to ask for more but had
received no response.
Cllr Shepherd considered that it should have occurred to Mr Gilligan and Mr
Thompson before taking over the pub that the village was a rural farming
village and that punk and heavy rock music, at times out of control, seemed
Licensing & Appeals Committee
13
14 March 2016
alien to that environment. He commented that there had to be some
compromise over the type of music which could be played.
Mr Gilligan stated that he had visited the Worstead Festival prior to buying the
premises and the music was loud. He was only asking to operate over the
Worstead Festival and have seven weddings per year.
The Environmental Protection Manager clarified that with regard to weddings,
the restriction related to outdoor amplified live music.
The Legal Advisor advised Members of the Sub-Committee that they would
be considering the review of the premises licence with a view to the
promotion of the four licensing objectives. The relevant objective in this case
was the prevention of public nuisance. In making their decision, they would
consider the relevant written and oral evidence, the Council’s Licensing Policy
relevant guidance, the Human Rights Act and relevant legislation. This would
be balanced against the rights of the residents and the rights of the
proprietors to run the business.
The Sub-Committee retired at 2.44 pm and returned at 3.46 pm.
The Chairman outlined the decision.
RESOLVED
That the following conditions be imposed on the premises licence,
which modify the existing conditions:
1. No external amplified music events are permitted, save for those as
detailed in condition 2 and condition 3 below.
Worstead Festival Weekend
2. During the Worstead Festival Weekend, external amplified music is
permitted between the following times only:
Friday: 19:00 -22:00
Saturday: 17:00 -22:00
Sunday: 16:00 -21:00
Weddings/Celebrations
3. External, recorded, amplified music is permitted for no more than four
weddings/celebrations in any calendar year.
3(a) No external amplified live
weddings/celebrations.
music is permitted during these
3(b) The playing of recorded amplified music must not exceed four hours
in total.
3(c) The finish time for such weddings/celebration events must not be
later than 23:00.
4. External amplified music events/weddings/celebrations must not occur
on consecutive weekends.
Licensing & Appeals Committee
14
14 March 2016
5. All External doors and windows must be kept closed, other than for
access and egress, in all rooms when events involving amplified music
or speech are taking place.
The meeting closed at 3.55 pm.
__________________________
Chairman
Licensing & Appeals Committee
15
14 March 2016
Agenda Item No______6_____
DAY BOARDING FOR DOGS
Summary:
To implement a set of licence conditions which would be
appropriate for people undertaking day boarding of dogs
(commonly referred to as Doggy Day Care)
Conclusions:
Adoption of the proposed day boarding conditions.
Recommendations:
That the proposed day boarding of dogs conditions, as
contained in the Appendix attached to this report, be
adopted with immediate effect.
That the Head of Environmental Health be authorised to
make any minor amendments to the conditions as
necessary.
Cabinet Member(s)
Councillor Judy Oliver –
Portfolio Holder
Councillor Richard Price Chairman of the Licensing
Committee
Ward(s) affected - All
Contact Officer, telephone number and email:
Gemma Faircloth 01263 516139 gemma.faircloth@north-norfolk.gov.uk
1.
Introduction and Background
1.1
The Animal Boarding Establishments Act 1963 requires that no person shall
keep a boarding establishment for animals except under the authority of a
licence granted in accordance with the provisions of this Act.
1.2
At present North Norfolk District Council recognises two distinct types of
animal boarding establishment namely:

Traditional animal boarding establishments operated from commercial
premises which have been specifically designed for the purpose

Home boarding establishments where animals are boarded in a
domestic environment as though they were the business operators own
pets
1.3
In both of the above types of boarding establishment animals are kept
overnight and are most commonly used by owners who are going away for a
period of time.
Licensing & Appeals Committee
16
14 March 2016
1.4
The current licensing regime allows for multiple animals to be boarded in
traditional, commercial type, premises as such premises have sufficient
accommodation to keep animals separate thereby reducing the risks
associated with in-fighting and disease transmission.
1.5
In respect of home boarding establishments, only dogs from a single
household may be kept at any one time as:

This will limit the effect to surrounding domestic dwellings

It will negate the need to change the planning permission for the
premises

It prevents issues arising in respect of in-fighting and disease
transmission
1.6
Recently the Council have received three separate requests from people who
would like to operate day boarding establishments for dogs. Such businesses
are commonly referred to as Doggy Day Care Centres.
1.7
Day boarding establishments do not keep dogs overnight but provide a
service which is intended to look after a person’s dog while they are at work
or otherwise away from the home during the day.
1.8
The conditions which currently exist for traditional dog boarding
establishments and for home boarding establishments do not readily transfer
to day boarding establishments as the modus operandi is sufficiently distinct.
2.
Proposed Conditions for Adoption
2.1
The Animal Boarding Establishments Act 1963 outlines that Local Authorities
have the power to attach condition to any licence issued under the act.
2.2
In particular it sets out general conditions which must be met by all boarding
establishments; namely
(a) that animals will at all times be kept in accommodation suitable as
respects construction, size of quarters, number of occupants, exercising
facilities, temperature, lighting, ventilation and cleanliness;
(b) that animals will be adequately supplied with suitable food, drink and
bedding material, adequately exercised, and (so far as necessary)
visited at suitable intervals;
(c) that all reasonable precautions will be taken to prevent and control the
spread among animals of infectious or contagious diseases, including
the provision of adequate isolation facilities;
(d) that appropriate steps will be taken for the protection of the animals in
case of fire or other emergency;
(e) that a register be kept containing a description of any animals received
into the establishment, date of arrival and departure, and the name and
address of the owner, such register to be available for inspection at all
times by an officer of the local authority, veterinary surgeon or
veterinary practitioner authorised under section 2(1) of this Act;
2.3
In addition the Act outlines that the Local Authority shall specify such
conditions in the licence, if granted by them, as appear to the local authority
necessary or expedient in the particular case for securing all the objects
specified in paragraphs (a) to (e) above.
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2.4
A set of proposed licence conditions have been drafted to cover the business
of providing day boarding for dogs which appear to us to be necessary to
secure the general objectives outlined above.
2.5
The proposed conditions can be viewed at Appendix A of this report.
2.6
The proposed conditions have been derived by a combination of suggested
best practice for boarding establishments and a review of Local Authorities
who have already established conditions for premises operating in their
areas, these include:

Waveney District Council

Suffolk Coastal District Council

Ribble Valley Borough Council
3
Implications and Recommendations
3.1
If the conditions were not adopted then it would not be possible to issue an
animal boarding licence for the business of day care for dogs as the
conditions applicable to traditional and home boarding could not readily be
complied with.
3.2
This could result in either:

Businesses deciding to move to another Local Authority area where
such licences are obtainable, or

Operating the business of day boarding for dogs illegally without the
benefit of a licence
3.3
It would be much better to adopt a set of conditions enabling the business of
day boarding dogs to operate legitimately within the district in accordance
with a licensing regime. Additionally it will assure dog owners that the
business is well run and that the welfare of their pets will be adequately
safeguarded while boarded.
3.4
It is therefore recommended that the Council adopts the conditions which are
attached at Appendix A.
3.5
It is further recommended that officers have discretion to add, remove or
otherwise modify the conditions as required on a case by case basis.
4.
Financial Implications and Risks
4.1
There are no perceived financial risks to the Council whether the conditions
are adopted or not.
4.2
If the conditions are adopted then the Council would receive a licence
application fee associated with each application which would be set to cover
the cost of the application process and associated inspection regime.
5.
Sustainability
5.1
Not Applicable to this report.
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6.
Equality and Diversity
6.1
There are no direct equality and diversity implications on persons or groups
with protected characteristics arising from the content of this report.
7.
Section 17 Crime and Disorder considerations
7.1
There are no implications associated with this report.
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Appendix A
Proposed licence conditions to attach to the business of day boarding for dogs
LICENCE CONDITIONS FOR PROVISION OF DAY
BOARDING FOR DOGS (OTHERWISE KNOWN AS
‘DOGGY DAY CARE’)
ANIMAL BOARDING ESTABLISHMENTS ACT 1963
1.
Introduction
1.1
Unless otherwise stated, these conditions shall apply to all buildings and
areas to which dogs have access and/or which are used in association with
the boarding of dogs.
1.2
A licence will only be granted to a person that the Licensing Authority are
confident have the required knowledge, training and/or experience to be able
to run such an establishment appropriately.
1.2.1
A suitably qualified or competent person must remain on the premises at all
times that dogs are being boarded at the premises. This person must not
have any conviction or formal cautions for any animal welfare related offence.
1.4
Planning permission will be required for the day boarding of dogs where such
boarding is being undertaken at non-domestic premises. Planning permission
is not likely to be required where day boarding for dogs is undertaken at
domestic premises provided that condition 3.2 below is met.
1.5
The Licensee must ensure that the establishment is covered by adequate and
suitable public liability insurance and, where necessary, adequate and
suitable employers liability insurance.
1.6
Dogs registered under the Dangerous Dogs Act 1991 are not to be accepted
for day boarding.
1.7
Dog hybrids registered under the Dangerous Wild Animal Act 1976 (e.g. Wolf
Hybrids) are not to be accepted for day boarding.
1.8
Entire males and bitches in season or bitches due to be in season during the
boarding, must not be boarded together.
1.9
Puppies under 6 months of age must not be boarded with other dogs
including resident dogs.
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2.
Licence Display
2.1
A copy of the licence and its associated conditions must be suitably displayed
to the public in a prominent position in, on or about the premises or made
available to each boarder.
3.
Numbers of Animals and Use of Domestic Premises
3.1
The maximum number of dogs to be kept at any one time is (enter number).
3.2
In domestic premises, only dogs from the same household may be boarded
at any one time. Dogs must not be boarded with any cat, unless they normally
live together in the same household.
3.3
In domestic premises where there is a resident dog or cat written consent
from the owners of the boarded dog must be gained following a trial
familiarisation session.
3.4
In domestic premises, the Licensee will be required to make an assessment
of the risks of home boarding including the risk to or caused by children who
are likely to be at the property.
4.
Construction and General Management
4.1
The establishment must, at all times, be laid out and operated in accordance
with an approved plan, which will be attached to, and form part of this licence.
4.2
External areas where dogs are allowed to exercise while off the lead must be
enclosed by suitable fencing that:

Is a minimum of height of 1.83 metres (six foot) in height

Does not have horizontal members which could be climbed by dogs

Does not present an entrapment risk to the dogs

Is inspected at the start of each day to ensure that it is maintained in an
effective condition
4.3
All internal surfaces used in the construction of walls, floors, partitions doors
and door frames must be durable, smooth and impervious. There must be no
projections or sharp areas which could give rise to injury.
4.4
All of the walls in areas where dogs will be present must be constructed of
smooth, impervious materials which can be readily cleaned and, where
necessary, disinfected. Where concrete or other building blocks or bricks are
used in such walls they must be sealed so as to be smooth and impervious
and must be re-sealed as required.
4.5
Junctions between vertical and horizontal surfaces should be coved.
impractical in existing premises, all joints must be sealed.
4.6
Where individual kennels or runs are provided the partition walls between
these must be of solid construction.
4.7
Floors in all buildings to which dogs have access be of smooth, impervious
construction so that they can be readily cleaned and, where necessary,
disinfected (Unless operating in accordance with condition 3.2).
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4.8
Ceilings must be capable of being easily cleaned.
4.9
All windows which present an escape route must be fitted with restrictors to
prevent them from being opened to the extent that a dog could pass through.
(Unless operating in accordance with condition 3.2)
4.10
The premises must be connected to the mains drainage system or an
approved, localised sewage disposal system.
4.11
All areas of the premises must be appropriately lit to ensure that they can be
used safely and to enable them to be effectively cleaned.
4.12
Ventilation must be provided to all interior areas of the building to provide a
supply of fresh air, to remove odours and to prevent condensation. The
ventilation must not cause the creation of draughts throughout the premises.
4.13
The premises must be maintained in good repair.
4.14
Any bedding materials provided for the dogs must capable of being readily
cleaned and sanitised. All bedding must be maintained in a clean, dry and
parasite free condition at all times.
4.15
All boarded dogs exercised on a highway or footpath must be kept on a lead.
4.16
Dogs must be exercised in accordance with their owner’s wishes. If dogs are
taken off the premises, they must be kept on leads unless with the owners
written permission.
4.17
All excreta and soiled material must be removed from all areas used by dogs
as soon as practicable and, as a minimum, on an hourly basis.
4.18
All excreta deposited by dogs while they are being exercised off the premises
must be picked up and disposed of in a hygienic manner.
4.19
Unless the premises is operating as a domestic premises in accordance with
condition 3.2 above, there must be a commercial waste contract in place to
remove all of the dog excreta and other waste generated by the business.
4.20
Measures must be taken to minimise the risk of rodents, insects and other
pests within the premises.
4.21
A constant supply of potable drinking water must be made available to dogs.
4.22
Drinking vessels must be capable of being easily cleaned and disinfected and
must be cleaned and disinfected at least daily.
4.23
If dogs are fed on the premises then they must be fed in isolation to reduce
the potential for aggression at these times.
4.24
A dedicated sink with a constant supply of hot and cold water must be
provided for washing the dogs drink and food equipment.
4.25
A wash hand basin for the sole use of washing hands must be provided on
the premises. This wash hand basin must have a constant supply of hot and
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cold running water and must be provided with a hygienic liquid soap
dispenser and a supply of disposable paper towels.
5.
Disease Control and Vaccination
5.1
Adequate precautions must be taken to prevent and control the spread of
infectious and contagious diseases and parasites amongst dogs, staff and
visitors.
5.2
Proof must be provided and maintained that boarded dogs have current
vaccinations against Canine Distemper, Infectious Canine Hepatitis (canine
Adenovirus), Leptospirosia and Canine Parvovirus and other relevant
diseases. The course of vaccination must be completed at least four weeks
before the first day of boarding or in accordance with veterinary advice. A
record that this proof has been supplied must be kept on site throughout the
period that the dog is boarded.
5.3
A written plan must be produced which sets out how fleas will be managed in
the premises and this written plan must be implemented by the business.
5.4
Where an owner is not readily contactable, advice must be sought from a
veterinary surgeon as soon as is practicable in all cases of disease, injury or
illness.
5.5
A first aid kit suitable for use on dogs must be kept on the premises at all
times and must be well stocked.
5.6
Isolation facilities must be provided at the premises. These facilities must be
completely separate from the rest of the premises preventing physical contact
between dogs and ensuring that fluids or aerosols cannot readily pass
between the isolation facilities and the remainder of the premises.
5.7
Any boarded dog that dies on the premises must be referred to a veterinary
surgeon and the Licensing Officer of the Local Authority must be informed.
6.
Register
6.1
A register must be kept of all dogs boarded. The information kept must
include the following.

Name of dog

Any identification system such as microchip, name tag or tattoo

Description of dog including breed, age and gender of dog

Name, address and telephone numbers of owner

Name address and telephone number of person to contact in an
emergency

Name, address and telephone number of the dog’s veterinary surgeon

Health, welfare and nutrition requirements

Vaccination details

Dates of bitches seasons
6.2
The register must be kept available for a minimum of 24 months and kept in
such a manner as to permit an authorised officer ready access to the
information.
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6.3
Where the records are kept on a computer a backup copy must be kept.
7.
Fire Safety
7.1
Appropriate arrangements must be prepared for the protection of dogs in
case of fire or other emergencies.
7.2
There must be a documented emergency evacuation plan and fire warning
procedure displayed on the premises. Staff and Clients must be made aware
of the procedures. The plan must include instructions as to where dogs are to
be evacuated to in the event of a fire or other emergency.
7.3
An appropriate number of fire extinguishers must be provided in the premises
and these must be inspected or replaced in accordance with manufacturer’s
instructions.
7.4
All electrical installations and appliances must be maintained in a safe
condition. Measures must be taken to protect electrical equipment from being
chewed or otherwise damaged by dogs.
7.5
Heating appliances must not be sited in a location or manner which presents
a fire risk or a risk of thermal injury to dogs.
7.6
There must be an adequate means of raising the alarm in the event of a fire
or other emergency.
8.0
Transportation
8.1
If transport will be available to move the boarded dogs then a separate
compartment must be proved which prevents the dogs from having access to
the driver of the vehicle.
8.2
The parts of the vehicle to which the dogs have access must be capable of
being kept in a clean and hygienic condition which can be readily disinfected
as necessary.
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