Agenda and minutes

Any apologies for absence that have been received will be noted at this point.

Apologies were received from Mr Evans and Mr Potter.

To approve as a correct record the minutes of the General Licensing Committee meeting held on 24 June 2021.

RESOLVED

That the minutes of the meeting held on 24 June 2021 be approved and signed by the Chairman as a correct record.

The Chairman will announce any urgent items that due to special circumstances are to be dealt with under the agenda item below relating to Late Items.

There were no urgent items.

Details of members’ personal interests arising from their membership of parish councils or West Sussex County Council or from their being Chichester District Council or West Sussex County Council appointees to outside organisations or members of outside bodies or from being employees of such organisations or bodies.

Such interests are hereby disclosed by each member in respect of agenda items where the Council or outside body concerned has been consulted in respect of that particular item or application.

Declarations of disclosable pecuniary interests, personal interests and prejudicial interests are to be made by members of the Committee in respect of matters on the agenda or this meeting.

There were no declarations of interest.

Questions submitted by members of the public in writing by noon on the previous working day (for a period of up to 15 minutes).

There were no public questions.

The General Licensing Committee is asked to approve the Fees Policy and Determination Policy for the ‘Fit & Proper Person’ test introduced under The Mobile Homes (Requirements for Manager of Site to be Fit & Proper Person) (England) Regulations 2020

The Committee considered this report.

Mr Foord outlined the report detailing new regulatory requirements for the Licensing Authority in respect of operators of certain sites and permanent residential park home sites operated on a commercial basis under the Mobile Homes (Requirement for Manager of Site to be Fit and Proper Person) (England) Regulations 2020 and the proposed fee and supporting policies required by the Council to implement the regulations.

The report detailed the Council’s proposed Fit and Proper Persons Determination Policy in respect of the fit and proper person test function and proposed Fees Policy.  Research was being undertaken to identify the sites, which could result in more than 20 being affected by the new regulations although this number might change depending on what is established.

He informed members that the report would be recommended by the General Licensing Committee to Cabinet for approval.

Replying to members, Mr Foord explained that the fees set put in appendix B were based on the tasks required to be carried out by the Licensing Authority.  With regards to increasing the fees to take into account inflation, the Council had discretion in setting the fees and any amendments would be required to be agreed by the General Licensing Committee.  Once the policies were agreed details would be publicised on the Council’s website.  Officers would write to the affected sites in the District to make them aware of the new regulations and to provide guidance.  He agreed that each site could be looked at on a case by case basis and if there was any doubt whether or not a site was captured by the regulations then officers would engage with them directly.  An article could also be placed in the Council’s Initiatives magazine so that the residents of these sites were also aware of the requirements.  With regards to what constituted a permanent residential site, Mr Foord advised that any residents living in a caravan primarily as their permanent residence would satisfy the criteria for a permanent residential site under the new regulations and that the caravan site license is only issued on the permitted use for the land under planning legislation.

Mr Foord responded to concern raised about instances where occupants of a caravan were not complying with the terms of their site licence conditions regarding out of season occupancy.  He explained that this type of accommodation often provided homes for vulnerable and elderly individuals who were potentially exposed to harassment or bullying tactics by the management.  Officers would need to properly investigate these complex arrangements to ensure these sites were operated openly, honestly and without occupants fearing retaliation if they raised an issue.  The legislation gave the Local Authority powers to appoint a person to run a site where officers did not believe that the current operator/manager was a fit and proper person to do so, but only with the owner’s consent.  With regards to issues such as modern day slavery, officers work closely with the relevant authorities, including the Police.  ...  view the full minutes text for item 54.

(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 to be reported at the meeting.

There were no late items.