to consider the following question received in accordance with Council Procedure Rule 8.
(a) From Cllr Pennington to Cllr Holway, Chairman of the Licensing Sub-Committee meeting held on 20 August 2015
Of the four Licensing Objectives that underpin the Licensing Act 2003, two of these state: ‘public safety’ and ‘the prevention of public nuisance’. Therefore, on the application for a new premises licence for Firewood Restaurant and Bar in Marldon on 20 August 2015, the Licensing Sub-Committee did not receive a ‘police report’ in relation to the application giving any views or opinion on ‘public safety’ and ‘public nuisance’ despite strong objections from the public and parish council and it has been confirmed that only a verbal confirmation had been received from the Police Licensing Officer that he had no objections to the application. Therefore, in reaching the conclusion to grant the application, the Licensing Sub-Committee did not have either any written evidence from the police or any knowledge as to whether the police had visited and appraised the location and investigated the objections from members of the public and the parish council on issues citing both ‘public safety’ and ‘public nuisance’.
Does the Chairman of the Licensing Sub-Committee therefore consider that the failure of the police, as a statutory consultee, to produce a written report on the issues of ‘public safety’ and ‘public nuisance’ for consideration by the Licensing Sub-Committee to be in breach of the Licensing Act 2003 and hence if so to invalidate the decision taken by the Licensing Sub-Committee?
(b) From Cllr Pennington to Cllr Holway, Chairman of the Licensing Sub-Committee meeting held on 20 August 2015
Can the Chairman of the Licensing Sub-Committee confirm whether a police officer visited the site of the Firewood Restaurant and Bar to investigate any issues involving ‘Public Safety’ and ‘Prevention of Public Nuisance’ and if so the date on which any such visit took place and the name of the police officer?
(c) From Cllr Pennington to Cllr Steer, Chairman of the Development Management Committee
Can the Chairman of the Development Management Committee give an assurance that in connection with all future planning applications, the Planning Authority will demand written reports to be submitted to South Hams District Council Planning Authority by all statutory consultees and NOT merely verbal confirmation either in support or against applications?
(d) From Cllr Pennington to Cllr May, Chairman of the Licensing Committee
Will the Chairman of the Licensing Committee confirm that in all future licensing applications, written reports will be demanded from all statutory consultees?
(e) From Cllr Hodgson to Cllr Tucker, Leader of the Council
In light of the current refugee crisis (and the recent update from the Council’s Specialist (Communications and Media) on the Refugee Crisis), I ask the Leader if this Council is willing to play its part in supporting and accommodating its fair share of refugees. Would the Leader therefore be willing to agree to:
- Ask our Housing Officer to write to local housing associations, owners of empty houses and second homes in the South Hams to encourage them to make properties available to resettle refugees;
- Commit to ensuring that refugees are welcomed in this area and help facilitate this process by asking our officers and Councillors to support local service provision and work with those co-ordinating the immense public will to help; and
- Write to the Prime Minister to assure him that South Hams District Council stands ready and willing to help at this time of crisis.
(f) From Cllr Baldry to Cllr Tucker, Leader of the Council
Is the Leader aware that Maidstone Borough Council has written into their Constitution that Chairmen and Vice-Chairmen of Committees have to be from different political groups and does he agree with the Leader of Maidstone BC that such a requirement increases transparency and public confidence?
Minutes:
32/15
It was noted that six questions had been received in accordance with Council Procedure Rule 8.
From Cllr Pennington to Cllr Holway, Chairman of the Licensing Sub- Committee meeting held on 20 August 2015
(a) ‘Of the four Licensing Objectives that underpin the Licensing Act 2003, two of these state: ‘public safety’ and ‘the prevention of public nuisance’. Therefore, on the application for a new premises licence for Firewood Restaurant and Bar in Marldon on 20 August 2015, the Licensing Sub-Committee did not receive a ‘police report’ in relation to the application giving any views or opinion on ‘public safety’ and ‘public nuisance’ despite strong objections from the public and parish council and it has been confirmed that only a verbal confirmation had been received from the Police Licensing Officer that he had no objections to the application.
Therefore, in reaching the conclusion to grant the application, the Licensing Sub-Committee did not have either any written evidence from the police or any knowledge as to whether the police had visited and appraised the location and investigated the objections from members of the public and the parish council on issues citing both ‘public safety’ and ‘public nuisance’.
Does the Chairman of the Licensing Sub-Committee therefore consider that the failure of the police, as a statutory consultee, to produce a written report on the issues of ‘public safety’ and ‘public nuisance’ for consideration by the Licensing Sub-Committee to be in breach of the Licensing Act 2003 and hence if so to invalidate the decision taken by the Licensing Sub-Committee?’
In response, Cllr Holway stated that he did not agree that the Police had failed in this regard.
From Cllr Pennington to Cllr Holway, Chairman of the Licensing Sub-Committee meeting held on 20 August 2015
(b) ‘Can the Chairman of the Licensing Sub-Committee confirm whether a police officer visited the site of the Firewood Restaurant and Bar to investigate any issues involving ‘Public Safety’ and ‘Prevention of Public Nuisance’ and if so the date on which any such visit took place and the name of the police officer?’
In reply, Cllr Holway responded ‘yes’, ‘no’ and ‘no’ respectively.
From Cllr Pennington to Cllr Steer, Chairman of the Development Management Committee meeting
(c) ‘Can the Chairman of the Development Management Committee give an assurance that in connection with all future planning applications, the Planning Authority will demand written reports to be submitted to South Hams District Council Planning Authority by all statutory consultees and NOT merely verbal confirmation either in support or against applications?’
In reply, Cllr Steer stated that the Council would not demand that written reports be submitted by all statutory consultees. In addition, whilst legislation set out the definition of a response, it did not mention how that response should be submitted. Therefore, it would be difficult to insist on a written report, but it was presumed that, should a consultee wish to make a comment either in favour or against an application, then it would be received in writing. Finally, Cllr Steer informed that, if a statutory consultee had ‘no comment ‘to make, then it was not felt that the Council could insist on that being in writing.
From Cllr Pennington to Cllr May, Chairman of the Licensing Committee
(d) ‘Will the Chairman of the Licensing Committee confirm that in all future licensing applications, written reports will be demanded from all statutory consultees?’
In reply, Cllr May stated that written reports would not be demanded from statutory consultees in all future licensing applications.
From Cllr Hodgson to Cllr Tucker, Leader of the Council
(e) ‘In light of the current refugee crisis (and the recent update from the Council’s Specialist (Communications and Media) on the Refugee Crisis), I ask the Leader if this Council is willing to play its part in supporting and accommodating its fair share of refugees. Would the Leader therefore be willing to agree to:
o Ask our Housing Officer to write to local housing associations, owners of empty houses and second homes in the South Hams to encourage them to make properties available to resettle refugees;
o Commit to ensuring that refugees are welcomed in this area and help facilitate this process by asking our officers and Councillors to support local service provision and work with those co-ordinating the immense public will to help; and
o Write to the Prime Minister to assure him that South Hams District Council stands ready and willing to help at this time of crisis.’
In response, Cllr Tucker made the following points:-
(a) Further to the statement he had made at the last Executive meeting on 10 September 2015 (Minute E.17/15 refers), the Council remained committed and willing to fulfil its responsibilities to accommodate refugees;
(b) Officers were in regular discussions with colleagues at Devon County Council (DCC) and it was as yet unknown how many refugees were to be accommodated in the South West region. Moreover, the Local Government Association and District Council Network were talking to Ministers on a daily basis on this issue;
(c) Until the Council was made aware of what was being proposed by central government and DCC, it was felt to be a little early in the process to be writing to Registered Social Landlords;
(d) The general infrastructure of the South Hams (e.g. transport and highways links) would not make it easy to support and accommodate refugees;
(e) He was committed to keeping all Members informed of progress updates on what was such an evolving and important issue.
Prior to asking a supplementary question, Cllr Hodgson handed Cllr Tucker a 178 signatory petition which asked that the Council be proactive in this regard. In her supplementary, Cllr Hodgson made reference to a public meeting in Totnes on this matter at 7.00pm on Saturday, 10 October and asked if Cllr Tucker would be willing and able to attend. In response, Cllr Tucker advised that he was unable to attend due to a prior commitment, but he would see if any other Council representatives were able to attend.
From Cllr Baldry to Cllr Tucker, Leader of the Council
(f) Is the Leader aware that Maidstone Borough Council has written into their Constitution that Chairmen and Vice-Chairmen of Committees have to be from different political groups and does he agree with the Leader of Maidstone BC that such a requirement increases transparency and public confidence?
In response, Cllr Tucker advised that the political composition of Maidstone Borough Council was much more finely balanced than South Hams District Council. The Leader proceeded to inform that he remained committed to ensuring that the most suitable Members were appointed to the most appropriate Council roles regardless of political affiliation. For example, the Leader cited the Salcombe Harbour Board Chairman appointment as a casing point.
In his supplementary, Cllr Baldry asked the Leader if he was aware of recent research from Cambridge University that had concluded that local authorities were wasting millions of pounds and there was a consequent need for more rigorous scrutiny. In reply, the Leader confirmed that he was aware of the findings and it was his view that the new governance arrangements (post May 2015 elections) had resulted in the Council now having a far more robust overview and scrutiny function.