Sheffield City Council (SCC) - Central LAP Planning and Licensing Meeting,
6-8pm, Tuesday 4th November, Town Hall Reception Room B
Councillors present: Cllr Neale Gibson, Chair of the Central LAP and Walkley Ward
Cllr (Chair), Cllr David Barker (Co-Chair of Licensing), Cllr Jayne Dunn (Broomhill),
Cllr Stuart Wattam (Broomhill), Cllr Brian Webster (Broomhill), Cllr Jillian Creasy
(Central), Cllr George Lindars-Hammond (Hillsborough), Cllr Josie Paszek
(Hillsborough), Cllr Olivia Blake (Walkley)
Officers present: Maria Duffy (Interim Head of Planning, SCC), Steve Lonnia (Head
of Licensing, SCC), Matt Gregg (Planning, SCC), Bev Mullooly (Head of
Neighbourhood Services, SCC), Jonathan Round (Environmental Health Officer,
SCC), Angela Greenwood (Localities Manager, SCC), Jane Bullimore (Locality
Officer, SCC, note taker), Inspector Neil Mutch (SYP)
30 members of the public
Powerpoint Presentations were given by Maria Duffy – Interim Head of Planning and
Steve Lonnia – Head of Licensing – available on request.
Presentation from Councillor David Barker, Co-Chair of Licensing
Councillor David Barker spoke about his role as Co-Chair on the Licensing
Committee, a position he has held for 11 years. He explained that given the nature
of Licensing there are a lot of meetings to attend , Monday, Tuesday and Thursday
each week, and each has a set procedure. The guiding principles of the meetings
are fairness and legality.
In the interests of fairness everyone attending the meetings has an opportunity to
have their say. In some authorities this is time limited but Sheffield Council’s policy
is to give people as long as they need to state their case.
In terms of legality meetings need to accord with the law - a City Council Solicitor is
present at each meeting to ensure this. In order to be proportionate, membership of
Licensing Committee changes each year. The role of the Chair is to advise other
members of the Committee.
Cllr Barker explained that sometimes meetings are uncomfortable because the
Committee has to abide by the law. Can be uncomfortable not supporting residents
and sometimes in revoking licenses there is the knowledge that this will put people
out of work. He said that in practise, because of the legal constraints, the hearings
are not weighted in favour of the public. Applicants often have well qualified
solicitors or barristers representing them. He emphasised the need for people with
objections to bring the statutory agencies with them – e.g Police and Environmental
Health. Evidence needs to be well documented. He emphasised the importance of
letting your local Councillors know about objections so that objections can be
supported. Licensing Chairs have a role in developing policy. This has to be done in
accordance with legislation and with guidance from officers. He said that both
himself and his Co-Chair Cllr Alan Law are happy to advise residents and speak to
individuals or groups.
After presentations there was a Q and A session
Q1: When Planning talk about ‘Dominance’, what is the tipping point?
Maria Duffy said that dominance means more than 50% by number, so in a shopping
centre it would be more than 50% of units by number. At the moment the policy
looks at shopping centres in their entirety but a new policy might look at stretches of
blocks rather than the whole centre. If this were to be adopted the stretches would
have to be a reasonable size or there could be a legal challenge. At the moment
dominance is calculated on numbers but floor space could be considered in future.
Q2: If there is a problem with a premises why can it take so long to enforce
powers, for example where the Police or Environmental Health are involved?
Steve Lonnia said that the new structure in the Licensing Service is partly a
response to this – with more officers out during the evening to carry out visits,
inspections and enforcement. Maria Duffy also commented that there can be a
delay while there is evidence gathering in order to ensure that where action is taken
there isn’t then a legal challenge.
Q3 What is included in Early Morning Restriction Orders, for examples putting
bottles out early in the morning?
Steve Lonnia said that putting bottles out is not dictated by an Early Morning
Restriction Order, however if this activity causes a nuisance then a nuisance
condition can be attached, as has happened in another area.
Q4: Can you confirm that if a premises is in breach of a planning permission
for over ten years then you can’t enforce?
Maria Duffy said that if there is a breach of a condition it would investigated and if
proven a planning contravention notice would be issued. The questioner said they
felt the planning conditions had been breached for a long time. Maria said she would
meet with the questioner separately to discuss the details.
Q5: What constitutes evidence when opposing/ challenging a licensing
decision?
Steve Lonnia advised that if it is a Police issue, it needs to be logged with 101. If the
nuisance is happening everyday it needs to be reported every day so this is logged
and can be used as evidence, Also keep your own log.
All activity needs to be logged and formally reported. This enables a review to be
activated. Evidence gathering is best done with support from the relevant authority
eg the Police or Environmental Health Team. Whilst this isn’t always easy, it is best
if the nuisance can be tied back to an individual premises.
Q6: Returning to issue of dominance – could a planning policy specify that
shops need to make up 70% of an area for example?
Maria Duffy said again that dominance does mean over 51%. In order for any policy
change a Planning Inspector would have to say it was reasonable. Maria agreed to
take the issue away and look at it. She said that she would need to look at policies
elsewhere. If a change to policy is possible it will still take a long time to implement
and couldn’t be backdated.
Q7: What is the policy around affordable housing? Why is the policy around
Devonshire Green not being implemented? Why is the policy about houses in
multiple occupation in Nether Edge not being implemented?
Maria Duffy spoke about policies around affordable housing. Current agreements in
place were putting developers off investing. At present requirement for affordable
housing in the city centre is at 0% because of viability. In the South West it is 30%
and South East 10%. Rates vary across the city. Maria said it is about balancing
affordability with viability – developers won’t build if requirement is too high. Figures
are determined through the values office. There is fierce debate on both sides.
Regarding the Devonshire Quarter – quiet zones are still required for a balanced mix
of uses. Planning applications are considered under the current Unitary
Development Plan (UDP). Some applications in the area have been refused.
Officers make recommendations but can lose appeals.
The policy around houses in multiple occupation in Nether Edge is still in place.
Maria will flag the issue up.
Q8 Returning to the issue of dominance, are social and human factors taken
into account in dominance?
Planners are required to work within regulations and guidance. Policies have to be
appropriate. Unlike Licensing officers, planners can look at an application and
anticipate there will be a problem without a requirement to evidence this. This
means sometimes it appears Planning say ‘no’, and Licensing say ‘yes’ because
they work to difference guidance. Officers do endeavour to work together.
There were three workshop questions:
1. If there is a planning or licensing issue that affects you and your community,
how can we work together to resolve this?
2. How do you think the Council could communicate the legal problems we have
in a way which is easily understood?
3. How do we work together to plan our communities for the future?
Table 1:
Questions raised about initial application for a license. Often difficult to challenge
unless applicant has run a business elsewhere. If there were problems there can be
used in evidence
Query re Licensing of taxis and who is responsible for enforcement if there are
breaches e.g. parking on double yellow lines. Police are responsible for
enforcement. Cllr Barker encouraged people to contact local Councillors where
there is a problem.
Residents keen to ensure there is hand-over where there is a change of officer so
that issues can be followed through.
Residents unclear of what to do where there is a breach of planning conditions.
Residents should contact Planning Service and local Councillors. Residents
sometimes feel ‘stuck’
Discussion around evidence. Evidence needs to be well documented and is best to
have support from Statutory Agencies – emphasis on the need to report. Statutory
agencies need to provide formalised evidence. Helps to demonstrate that an
approach has been made to the establishment before making a complaint. Query re
how to challenge if this has happened but is denied.
Residents face burden of proof.
Crime and Disorder is a useful reason for requesting a review – again clear evidence
required and clear links to particular establishments. Collect as much evidence as
possible before requesting a review.
Better links are required between Planning and Licensing.
Query about roles of community associations. It is unclear what number/ % of an
area is required to prove it is representative. One association felt they were
representative.
Re noise from premises on Ecclesall Road – has abated now weather has turned
colder suggesting outside terrace is the source of the problem. Possibility of
conditions around drinking when seated.
Biggest question is how to best work with the Council and community. How can the
Council support residents better. Residents fear the onus is on the community and
have concerns that if their concerns are not listened to, it will break the community
up. Officers should be able to access a range of people to help.
Table 2
Illegal parking of taxis – mobile taxi rank
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Provision for taxis when there are new developments or late night opening
hours
Unofficial ones pop-up
Highways and Planning issue
Enough provision?
Enforcement?
In answer to Q1
Information share is crucial. Involve responsible authorities – Environmental Health,
police, child safeguarding. Don’t go it alone – sit down with all parties and gather
evidence linked to venue
In answer to Q2
What are the restrictions?
Council moving to an electronic system – will have a register of who is and isn’t
licensed – change from paper to electronic system for street collection.
Would there be a possibility to register to know what is happening in our area?
Table 3
Shoreham Street – ‘ToLet’ signs are still up. Sharrow/ Nether Edge Community
Panel. Is Council Tax being paid on HMOs.
Query re Bamboo Lounge on Ecclesall Road – 9pm closing. Environmental
Protection service do not deme it a big enough problem at present. Night Team
Noise Team are observing the situation.
Communications have reduced on Planning as a result of changes to Statement of
Community Involvement (SCI).
Licensing: adverts on premises – there is no obligation for Licensing to inform
neighbours of adverts next door/ within vicinity, unless Licensing Committee instructs
otherwise.
Thought needs to be given as to Local Plan and how it fits with Licensing Policy.
Size of rooms in new properties? Waste disposal/collection for new houses/ flats
Table 4
In answer to Q1: Breaches – e.g. noise issue – what can Planning do?
Can send notice with 21 days to respond – criminal offence
If noise is the issue then environmental Protection Service are sent out. Phone or email Planning and this can be instigated. There are a Team of 7 people and they
can go through the legal process. If put a new application in we can’t enforce.
Evidence and Planning
Temporary Planning permission lasts for 12 months, then permanent extension goes
in after , having to prove evidence of last 12 months at that point. How much
evidence needed – if concerned can award a 12 month temporary and if no issues in
those 12 months.
Creeping issue – cumulative impact can be a reason for not granting a license.
In answer to Q2: Clearer communication on quiet zones – have we got the right
areas?
City centre Action Plan has 5 zones – need for quiet zones in those e.g. Kelham
Island.
Can’t apply a quiet zone to an existing premise – can’t remove planning approval
once granted.
Why do Planning and Licensing have different rules – need to explain it.
Q3: Changes in lifestyle – develop policy to reflect changes – people grow up and
change opinions
Changes in populations in area – variety and tensions of residents vs vibrancy.
Need to define ‘residential area’
Actions:
Highlight what can and can’t be controlled in an area.
Provide map of current quiet zones – there are currently 2 – Devonshire Green and
Cathedral area.
Look at night time uses zones
Door knock/ leaflet residents e.g. students in Broomhill.