Agenda and minutes

The Chair welcomed everyone to the meeting of the Licensing Committee. Apologies were received from Councillor Terri Mahmood, Derek Hardman and Parwais Akhtar

RESOLVED - The Minutes of the previous meeting held on Tuesday 23rd January 2024 were approved as a correct record.

No Decleration of Interest

The Principal Licensing Officer had presented a report to the Members to review the Statement of Licensing Policy 2025-2030. The purpose of the report was for members to consider and agree the contents of the draft policy as presented or with amendments.

The Principal Licensing Officer had informed members that following the committee the Policy would undertake a public consultation exercise. Following the consultation period the Principal Licensing Officer would report the outcome of the consultation to members at the next scheduled Licensing Committee.

The Principal Licensing Officer had provided an overview of the policy however had clarified that the policy did not have any significant changes. Members we advised that Section 5 of the Licensing Act 2003 required that the Licensing Authority to review its Statement of Licensing Policy at least every 5 years. The last review was undertaken in 2019.

It was also noted that officers had refreshed the policy to reflect legislative changes and updates to the Statutory guidance issued under section 182 of the Licensing Act, but there were no material changes proposed to the way that the Council approaches this area of licensing that had been identified as being necessary, although the document had been re-formatted.

RESOLVED – The members approved the contents of the draft policy and had recommended for it to undertake public consultation

The Principal Licensing Officer had presented a report to the Members to review the Statement of Gambling Policy 2025-2030. The purpose of the report was for members to consider and agree the contents of the draft policy as presented or with amendments.

The Principal Licensing Officer had informed members that following the committee the Policy would undertake a public consultation exercise. Following the consultation period the Principal Licensing Officer would report the outcome of the consultation to members at the next scheduled Licensing Committee.

The Principal Licensing Officer had provided an overview of the policy however had clarified that the policy did not have any significant changes. Members we advised that section 5 of the Gambling Act 2005 requires the Gambling Authority to review its Statement of Gambling Policy at least every 3 years. The last review was undertaken in 2022.

It was also noted that officers had reviewed the policy and had made no material changes

RESOLVED – The members approved the contents of the draft policy and had recommended for it to undertake public consultation

Members were presented the draft Charitable Collections policy. The purpose of the policy was for members to consider the draft policy and approve it as presented or with such amendments as the Committee agrees.

The Council are responsible for issuing permits for house-to-house collections and street collections being undertaken for charities. The Principal Licensing Officer had informed the committee that in recent years the number of complaints about unauthorised collectors had increased, with the Blackburn Central and Shear Brow & Corporation Park wards being disproportionately affected.

Members were assured that the Council undertakes checks with the Charity Commission when granting permits so that residents can be assured that their donations are being received by the charity advertised. However, there were no such checks on unauthorised collectors, who could be keeping the money donated by our residents or forwarding it to other unknown recipients.

For this reason, officers had been working closely with the local Neighbourhood Police Teams and had shared information with them, each time a street collection permit was issued, Police were also assisting the Council in identifying and educating collectors who have not been granted the required permit.

Members were advised that there were no charges for these permits and the penalties for not having a permit were very minimal. The penalties were £50 in respect of street collections and £200 for House-to-House offences, which was disproportionate to the cost of deploying officers to identify and prosecute offenders.

Members were assured that the policy had been drafted to formally set out the Council’s position in terms of when and what it will authorise and reflects the custom and practice that has evolved over the years.

It was noted that the Council would issue permits for street collections to be undertaken between 8am and 8pm on Saturdays and requires applications to be submitted at least one month before the collection is planned to take place.

However, during Ramadan or where the collection forms part of a community event, festival or procession, the Council would consider applications for permits outside the standard hours, and on other days of the week.

Members had discussed the policy following questions from Cllr Iqbal Masters it was noted that collectors must be aged 14 or over, but any aged under 16 must be accompanied by an adult when collecting under the authority of the permit.

Members had come to an agreement the policy was a step in the right direction to help enforce unlawful street charities.

RESOLVED – The draft policy was approved and would be adopted

The members were presented with a report regarding Pavement Licensing Fees. Members were required to approve the revised discretionary fees for pavement licences issued under the Business and Planning Act 2020.

The Licensing Manager had informed the committee that the Government introduced temporary changes via the Business and Planning Act in July 2020, to the way that Councils were able to authorise the use of public highways for the sale and consumption of food and drink, to support the hospitality industry during Covid.

These temporary provisions have been extended a number of times and the majority of current pavement licences were due to expire on 30 September 2024. Therefore the Levelling Up Bill introduced proposals to make the provisions permanent subject to some amendments to the Business and Planning Act, to lengthen the consultation and determination periods from seven to fourteen days; to set the maximum licence length at two years and to increase the fees to £500 for new and £350 for renewals.

When the Levelling up and Regeneration Act 2023 was enacted on 31 March 2024 to bring about these changes, instead of prescribing the fees, it capped the level of fees that Local Council’s in England may charge at £500 and £350.

Officers had carried out a detailed process analysis to identify the time and

resources involved with administering and regulating this area of licensable

activity and recommend the following discretionary fees be approved:

Business and Planning Act 2020 – 2 year licence

New licence £415

Renewal £283

Highways Act 1980 – 1 year licence

New Licence £175

Renewal £101

The committee were also informed that the temporary siting of removeable furniture would be used for the sale and consumption of food and drink on relevant highways by businesses involved in the sale of victuals.

Members had discussed the report and were advise by the Principle Licencing Officer that the Highways and Licensing Team work together in relation to furniture being used for the sale and consumption of food and drink on relevant highways.

RESOLVED – The revised discretionary fees for pavement licences issued under the Business and Planning Act 2020 was approved and would be implemented with immediate effect

The Committee were presented the revised suitability guidance set by the IOL (Institute of Licensing) which was currently under consultation.

The original guidance was published in April 2018. The section on offences was closely mirrored in the annex at section 10 of the DfT's ( Department for Transport) Statutory taxi and private hire vehicle standards, published in 2020, and has been incorporated into the Council’s current convictions policy.

The purpose of the Suitability Guidance was to provide guidance to licensing authorities in determining suitability, and could be used by licensing authorities as a basis for their own policies. It did not, however, alleviate the need for licensing authorities to adopt their own policies.

Members were advised multiple areas had been extensively revised such as:

·       ‘Offenders, Offending, Re-offending and Risk of Harm’ which looked at patterns of behaviour for offenders, and had aimed to assist licensing authorities in considering previous convictions and non-conviction information (complaints etc) alongside time factors (time elapsed), trends and the nature of behaviours in order to make a reasoned judgement of suitability in the face of matters of potential concern

·       'Taxi' Licensing which provided an overview of taxi and private hire licensing law, including the legislative framework, and the principal objectives of the licensing regime (to protect the public).

·       ‘Guidance on Determination’ which was the overriding principle of listing categories of offending rather than listing specific offences.

The committee were made aware that the consultation period was open till 30^th September 2024, therefore it was agreed that members would suggest any amendments by 31^st August 2024 to ensure the guidance can be incorporated in to the council policy.

RESOLVED – The guidance was noted and would provide any amendments for consultation by 31^st August 2024

The Committee received an update on the work of the Council’s Public Protection and Environmental Health Services (PPS) where there was a connection with businesses and persons who required a licence from the Council. It also provided an update for Members on national policy changes and proposals affecting licencing work.

The Committee were informed that in quarter 1 of 2024/25, officers reviewed 10 driver licences using delegated powers, 2 were revoked, 2 suspended and 3 were required to undertake additional training.

In addition, 4 new applicants for dual driver licences were refused. In the same period General Licensing Sub-Committees considered 3 applications for new or renewed Dual Driver Licences which were refused, they also considered reviews of 3 driver and 1 Private Hire Operator licences, with 3 being revoked and I required to undertake additional training.

In Quarter 1, new appeals were lodged against the Council’s decision to revoke 2 Dual driver licences which are awaiting hearing dates.

There were 2 outstanding appeals which had hearing dates scheduled in Q2.

National Issues

During the pandemic, the government passed regulations allowing any premises licensed for on-sales to be able to sell alcohol for takeaway, delivery and to drink in licensed pavement areas (‘off-sales’), without having submit or pay for any applications to vary their licence.

The regulations expire on 31 March 2025. Government had consulted on which of the following 3 options they should put in place from 1 April 2026. The consultation had ran for 8 weeks ending on 11 July 2024 which provided the following options:

Option 1 – Make permanent the temporary regulatory easements for off-sales under the Business and Planning Act 2020, so that any licence allowing only on-sales will also automatically permit off-sales.

Option 2 – Amend the Licensing Act to extend the definition of on-sales so that it includes consumption in a licenced pavement area.

Option 3 – Amend the Licensing Act to permit on-sales only premises licence holders, the right to make off-sales to any area for which there is a pavement licence.

Terrorism (Protection of Premises) Draft Bill - “Martyn’s Law”

Members were advised that Parliament was dissolved before the Terrorism (Protection of Premises) Draft Bill could complete its progression through Parliament and into law. As the Bill had all party support it is anticipated that the new Government will resurrect the Bill and re-introduce it in due course. Martyn’s Law, if enacted, will place a requirement on those responsible for licensed venues to consider the threat from terrorism and implement appropriate and proportionate mitigation measures to ensure that people are prepared, ready to respond and know what to do in the event of an attack.

RESOLVED – The report was noted

The Committee received the proceedings of the following Sub Committees:

General Licensing Sub Committee held on Tuesday 6th February 2024

General Licensing Sub Committee held on Tuesday 13 February 2024

General Licensing Sub Committee held on Tuesday 12th March 2024

General Licensing Sub Committee held on Tuesday 16 April 2024

General Licensing Sub Committee held on Tuesday 16th July 2024

Licensing Act Sub Committed held on Tuesday, 9th April 2024

RESOLVED – That the proceedings of the Sub Committees as outlined above were approved as a correct record