Agenda and draft minutes

Special, General Licensing Committee
Wednesday 7 November 2018 10.00 am

Venue: Committee Room 2, East Pallant House. View directions

Contact: Lisa Higenbottam on 01243 534684  Email:  lhigenbottam@chichester.gov.uk

Items
No. Item

9.

Chairman's Announcements

Any apologies for absence will be noted at this point.

Minutes:

Apologies were received from Christopher Page and Penny Plant.

 

10.

Minutes pdf icon PDF 76 KB

To approve the minutes of the General Licensing Committee meeting held on 14 June 2017.

Minutes:

RESOLVED

 

That the minutes of the meeting held on 14 June 2017 be approved and signed by the Chairman as a correct record.

 

11.

Urgent Items

The Chairman will announce any urgent items which due to special circumstances are to be dealt with under agenda item 7b.

Minutes:

There were no urgent items.

 

12.

Declarations of Interests

Members and officers are reminded to make any declarations of disclosable pecuniary, personal and/or prejudicial interests they may have in respect of matters on the agenda for this meeting.

Minutes:

Mr Macey declared a personal interest in respect of agenda item 6 as his daughter earns money from dog breeding.

 

Mr Moss declared a personal interest in respect of agenda item 6 as his niece earns money from dog walking.

 

Mrs Purnell declared personal interests in respect of agenda item 6 as a member of West Sussex County Council (WSCC), Selsey Town Council, Manhood Peninsula Partnership and as a WSCC appointed member of the Inland Fisheries Conservation Association (IFCA).

 

Mr Bennett confirmed that any further personal interests relating to WSCC or parish council membership would be listed in the minutes (see below):

 

·       Mr P Budge – a member of Chichester City Council

·       Mr A Collins – a member of Chidham and Hambrook Parish Council

·       Mr G McAra – a member of Midhurst Town Council

·       Dr K O’Kelly – a member of WSCC

·       Mr H Potter – a member of Boxgrove Parish Council

·       Mr J Ridd – a member of Donnington Parish Council

·       Mrs S Taylor – a member of West Itchenor Parish Council

13.

Public Question Time

The procedure for submitting public questions in writing no later than 12:00 on 6 November 2018 is available upon request from Democratic Services (the contact details for which appear on the front page of this agenda).

Minutes:

There were no public questions.

 

14.

Proposed Fees & Charges for the new Animal Welfare Licensing Regime pdf icon PDF 74 KB

The Committee is requested to approve the new fees and charges in relation to the administration and enforcement of the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018.

Additional documents:

Minutes:

Mr Horne introduced the item and was joined by Ms Stevens. He explained that the Cabinet had discussed the new legislation at its meeting on 6 November 2018 where the following recommendation had been made:

 

RECOMMENDATION FROM THE CABINET TO THE GENERAL LICENSING COMMITTEE

 

That the new fees and charges in relation to the administration and enforcement of the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 be agreed as set out in the appendix (as amended) to the agenda report.

 

[Note The amendment to the appendix related to the penultimate field

(Rescore visit) in the table, where the figure of £140 should be moved from the Existing Licence Fee column to the Proposed Licence Fee column].

 

In outlining the report Mr Horne confirmed that the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 came into force on 1 October 2018 replacing legislation dating back to the 1940’s. The new legislation enables tighter control of animal welfare through the application of a risk based rating system. Mr Horne explained that the fees and charges detailed in the appendix are in line with the statutory guidance from DEFRA. Each eligible business will be granted a licence lasting between one and three years dependent on the rating awarded by the council following inspection. The fee charged will cover the duration of the license for either a one, two or three year period.

 

Mr Horne and Ms Stevens responded to members questions.

 

With regard to officer workload the length of questions required at inspection has increased and officers are accountable for inspections, re-inspections, enforcement and maintenance of records. Mr Horne emphasised the implication on officer time as the district is a large geographical area to cover for inspections. He explained that longer term a review of resources would be likely. Ms Stevens clarified that each premises requires an inspection at the application stage and an interim inspection during the term of the licence which will increase officers workloads. Mr Horne confirmed that officers anticipate a number of appeals due to the new rating system with each appeal requiring written correspondence with an officer and in many cases a revisit.

 

In clarifying paragraph 3.1 of the report Mr Horne confirmed that the existing legislation had been repealed and amended to comply with the requirements of the new licensing regime. Ms Stevens confirmed that the Animal Welfare Act still applies to all premises where animals are handled and the council is therefore able to investigate animal welfare cases under powers in this legislation.

 

In response to a number of questions regarding what the new legislation covers Mr Horne and Ms Stevens provided the following clarification.

 

Areas outside of the scope and therefore not requiring a licence were detailed as follows:

 

·       Dog grooming and walking

·       Horse and donkey breeding

·       Livery yards for horses and ponies 

·       Race horse and greyhound tracks

·       Rescue centres rehoming dogs and cats (non-profit making, seeking voluntary contributions)

·       Rescue centres providing rehabilitation of wildlife (non-profit making)

 

Areas under  ...  view the full minutes text for item 14.

15.

Late Items

Consideration of any late items as follows:

 

a)    Items added to the agenda papers and made available for public inspection.

b)    Items which the Chairman has agreed should be taken as matters of urgency by reason of special circumstances reported at the meeting.

Minutes:

There were no late items.