Hounslow Council


Agenda, decisions and draft minutes

Venue: Committee Room 1, Civic Centre, Lampton Road, Hounslow. View directions

Contact: Bill Lee, e-mail:  william.lee@hounslow.gov.uk or by phone on 020 8583 2068 

Items
No. Item

1.

Apologies for absence, declarations of interest or any other communications from Members

Decision:

Apologies for absence were received from Cllrs Atwalhear, Carey, Lee and Saeed.

Minutes:

Apologies for absence were received from Cllrs Atwalhear, Carey, Lee and Saeed.

2.

Minutes of the meeting held on 27 February 2017 pdf icon PDF 113 KB

Decision:

The minutes of the meeting held on 27 February 2017 were agreed to be an accurate record and signed.

Minutes:

The minutes of the meeting held on 27 February 2017 were agreed to be an accurate record and signed.

3.

Special Treatment - delegation of decisions to officers pdf icon PDF 83 KB

Report by Cllr David Hughes

 

Additional documents:

Decision:

Please see the report by Cllr David Hughes (agenda item 3).

 

Licensing manager Lewis Aldous presented the report. Members questioned the officer and after full discussion decided to agree the recommendations.

 

Resolved:

 

That the Licensing Committee delegated authority to the Head of Enforcement, Community Safety and Commercial Regulation AND the Licensing Manager:

 

1.    to grant, renew, vary or transfer a licence for special treatment premises under the London Local Authorities Act 1991 as amended;

 

2.    to refuse an application to grant, renew, vary or transfer a licence for special treatment, subject to a right of appeal to the Licensing Panel, under the London Local Authorities Act 1991 as amended; and

 

3.    to revoke a licence, subject to a right of appeal to the Licensing Panel, under the London Local Authorities Act 1991 as amended.

 

Subject to any such decision being referred to the Licensing Committee for initial determination through its Licensing Panel at the request of the Chair of the Committee, or where considered appropriate by the Head of Enforcement, Community Safety and Commercial Regulation or the Licensing Manager.

 

4.   The Licensing Committee noted the Licensing Team annual update.

 

 

Minutes:

Please see the report by Cllr David Hughes (agenda item 3).

 

Licensing manager Lewis Aldous presented the report. He advised that special licences covered treatments such as tattooing, piercing, manicures and pedicures and that both practitioners and premises required licences.  Enforcement was the responsibility of the Health and Safety Team and licensing handled the licence applications. The Licensing Team were asking for the ability to grant, refuse, vary or revoke licences to become officers' delegated responsibility. In the event of a refusal applicants would have the ability to appeal to a Panel hearing, as was the case with street trading licences.

 

Members questioned the officer and were advised that Licensing would work closely with Health and Safety as enforcement was essential; tattoo and laser treatment in particular had scope for a lot to go wrong. If officers granted a licence and an objection was received from another party the matter could be brought before the Licensing Committee at the Chair’s request. Councillors were empowered to bring objections straight to the Chair, bypassing officers. Members had not seen any such applications as yet because they had previously been dealt with entirely at officer level. Individual practitioners all needed a licence and so did premises. Mobile operators still required an address to be licensed. Licences needed to be publically displayed. Issues regarding claims about products used should be taken to Trading Standards.

 

All current licence holders had been sent a letter explaining the process in March, as all licences expire together on 31 March each year. There was no real change as far as applicants were concerned. There were no standard recognised qualifications for practitioners and any qualifications were assessed by Health and Safety officers (Licensing consulted responsible authorities, including Health and Safety, when applications were received. Fees were set by the Council and Mr Aldous believed levels should be examined.

 

The Licensing Committee unanimously agreed the recommendations.

 

Resolved:

 

That the Licensing Committee delegated authority to the Head of Enforcement, Community Safety and Commercial Regulation AND the Licensing Manager:

 

1.    to grant, renew, vary or transfer a licence for special treatment premises under the London Local Authorities Act 1991 as amended;

 

2.    to refuse an application to grant, renew, vary or transfer a licence for special treatment, subject to a right of appeal to the Licensing Panel, under the London Local Authorities Act 1991 as amended; and

 

3.    to revoke a licence, subject to a right of appeal to the Licensing Panel, under the London Local Authorities Act 1991 as amended.

 

Subject to any such decision being referred to the Licensing Committee for initial determination through its Licensing Panel at the request of the Chair of the Committee, or where considered appropriate by the Head of Enforcement, Community Safety and Commercial Regulation or the Licensing Manager.

 

4.   The Licensing Committee noted the Licensing Team annual update.

 

 

4.

Annual Update

Minutes:

Please see the briefing notes, agenda item 3 (pages 9 to 19)

 

Licensing Manager Lewis Aldous presented the report.

 

Following questions from members Mr Aldous advised that a couple of restaurant licences had been granted within the Cumulative Impact Policy Zone (CIP) and six off-licences and one restaurant refused. One off-licence applicant had appealed and been granted a very restricted licence including beer, lager and cider to be sold in no less than packs of four and no chiller cabinet. The ‘reduce the strength’ policy had proved to be helpful and although off licences in the town centre had been apprehensive about loss of revenue they had all noticed an improvement in the area.

 

All applications had been processed on time. There was no special explanation for the large increase in Temporary Event Notices (TENs) and events such as the Olympics and Euro 16 competition could all affect levels.

 

Enforcement action had been taken against some gambling premises and two had been reviewed, resulting in extra conditions being placed on the licences. That was a sufficiently rare outcome to have attracted national media attention. A total of 157 street trading licences had been issued including for pavement cafes and shop front displays as well as stalls. Members stated that Hounslow High Street did not appear to have improved as there were still single stalls and leaflets being handed out without a licence. They asked about enforcement and were advised that it was a challenging issue, officers finding that they would start at one end of the High Street only to find offenders back at that end as soon as officers reached the other. Hounslow Highways also carried out enforcement work alongside Licensing. Members suggested that more joint working with all other agencies involved may be the way forward. There was a problem with litter bins being stored on public footpaths, causing at least as much of a problem with obstruction as A boards and often the Pollution Team and Enforcement got them moved only to find that Hounslow Highways had issued a licence. A more joined up approach was urged and doubts were expressed about Hounslow Highways’ ability to enforce consistently. Mr Aldous advised that the joint working with Hounslow Highways was licence-specific, such as pavement displays outside shops.  The Enforcement Team was empowered to issue fixed penalty notices (FPNs) as were Kingdom.

 

Mr Aldous described some specific legal cases against offenders who had persistently set out pavement displays without a licence after warnings. Such prosecutions were made against named directors, not the premises so closure did not prevent an FPN from being levied. If FPNs were not paid the Council also prosecuted. A High Street business had been taken to court for that and fined £2,000 plus costs but had not turned up and were still trading illegally; more charges would be brought.

 

Policies were not reviewed annually, alcohol licensing policy was reviewed every five years and gambling every three under the legislation and so there were no policy  ...  view the full minutes text for item 4.

5.

Urgent Business

Any business which the Chair agrees to accept on grounds of urgency.

Decision:

None.

Minutes:

None.