For enquiries on this agenda, please contact: Ola Olaluwoye tel 020 8547 5021 e-mail: [email protected]
This agenda is available on www.kingston.gov.uk/council/CommitteeMinutes
7 June 2011
AGENDA
A meeting of the MALDENS AND COOMBE NEIGHBOURHOOD COMMITTEE will be held at the CHRIST CHURCH, 91 COOMBE ROAD, NEW MALDEN on WEDNESDAY 15 JUNE 2011 at 7:30 pm
Members of the Committee
Beverley Ward Councillor Trevor Heap Councillor Simon James Councillor Derek Osbourne
Coombe Hill Ward Councillor Patrick Codd Councillor David Edwards Councillor Eric Humphrey
Coombe Vale Ward Councillor Adrian Holder Councillor Robert-John Tasker Councillor James White (Co-Chair)
Old Malden Ward Councillor Mick Amson Councillor David Fraser Councillor Kate Stinton
St James Ward Councillor Howard Jones Councillor Priyen Patel Councillor Ken Smith (Co-Chair)
THE NEIGHBOURHOOD MANAGER’S SURGERY The Neighbourhood Manager, Hannah Rees, will be available from 7.00pm to answer any questions or address any areas of concern.
PRESENTATION ON THE HOUSING STRATEGY 2011-2015
There will be a short presentation and questions session (10 minutes) on the Housing Strategy 2011-2015. Further details about the consultation on the strategy will be available at the meeting or can be found at http://www.kingston.gov.uk/browse/housing.htm
NO FILMING /RECORDING AT A NEIGHBOURHOOD COMMITTEE can be undertaken except with the permission of the Chair at the start of the meeting and there being no objection to it by anyone present at the meeting at that time.
EMERGENCY EVACUATION ARRANGEMENTS If the fire alarm sounds, please leave the building by the nearest exit.
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INFORMATION FOR MEMBERS OF THE PUBLIC Details on access to the meeting, asking questions, speaking on items and other information are just after the list of items.
AGENDA
A APOLOGIES FOR ABSENCE
B MINUTES
To confirm the minutes of the meeting held on 18 May 2011.
C PETITIONS
To receive any petitions from residents.
D DECLARATIONS OF INTEREST
Members are asked to state any interests - personal or prejudicial – on items on this agenda.
E NEIGHBOURHOOD MANAGER’S REPORT
The Neighbourhood Manager will report on current Maldens and Coombe Neighbourhood issues.
1. REVIEW OF THE COUNCIL'S LICENSING POLICY UNDER THE Appendix A LICENSING ACT 2003
2. CONSIDERATION OF ADDITIONAL CONDITIONS APPLICABLE Appendix B TO PET SHOPS
3. CONSIDERATION OF SEX ESTABLISHMENT POLICY Appendix C
4. REVIEW OF THE PLANNING OBLIGATIONS SUPPLEMENTARY Appendix D PLANNING DOCUMENT
5. ELECTRIC VEHICLE CHARGING POINT TRAFFIC Appendix E MANAGEMENT ORDER
6. NEIGHBOURHOOD RANGER Appendix F
7. SHORT FRONTAGE PARKING APPLICATIONS AT 77 QUEENS Appendix G ROAD AND 81 KINGS AVENUE
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8. COOMBE ESTATE - REVIEW OF ROAD MAINTENANCE Appendix H APPORTIONMENTS FOR SCHEDULED PREMISES
9. LOCAL IMPLEMENTATION PLAN – ANNUAL SPENDING Appendix I SUBMISSION 2012/13
10. MALDENS & COOMBE NEIGHBOURHOOD GRANTS 2011/12 Appendix J
11. INFORMATION SECTION Appendix K
12. URGENT BUSINESS AUTHORISED BY THE CHAIR
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PLEASE NOTE – FURTHER MEETING INFORMATION
ACCESS TO MEETINGS
All meetings have access for people who may have mobility difficulties. If there are stairs a lift or stairlift is available. • Toilet facilities will be easily accessible from the meeting room. • An induction loop is also provided, this may, depending on the building, only be available in the first two or three rows. • People who have a visual impairment may prefer to sit in the front rows particularly if they use a viewer. This may appear similar to a camera.
QUESTION TIME
1. Questions may be submitted in writing before the meeting or handed in at the start of the meeting on the pink forms provided. For enquiries or to submit a question in advance, please contact e-mail: [email protected]
2. After written questions have been dealt with, if time allows, other questions may be tabled at the meeting.
3. Answers may be in the form of an oral or a written reply, where a full reply cannot be given orally at the meeting, a written reply will be sent to the questioner, members of the Committee and the local press.
4. The Chair may disallow any question that, in his/her opinion, is scurrilous, capricious, irrelevant or otherwise objectionable.
PUBLIC PARTICIPATION DURING THE MEETING
During the course of the meeting, the Chair, at his/her discretion, may allow contributions and questions from residents of the Neighbourhood.
DATES OF FUTURE MEETINGS
Meetings are held at the Christ Church Centre, 91 Coombe Road, New Malden and start at 7.30pm unless otherwise stated.
Neighbourhood Committee Planning Sub-Committee – meetings marked # will be combined with the Neighbourhood Committee Wednesday 18 May 2011 Wednesday 18 May 2011 Wednesday 15 June 2011 Wednesday 13 July 2011 Wednesday 7 September 2011 Wednesday 7 September 2011 Wednesday 19 October 2011 Wednesday 9 November 2011 Wednesday 30 November 2011 Wednesday 11 January 2012 Wednesday 8 February 2012 Wednesday 7 March 2012 Wednesday 28 March 2012
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NEIGHBOURHOOD INFORMATION SHEET
Welcome to this meeting. The following information explains the way some things are done at the meeting and some of the procedures.
Do you want to ask a question or are you here for a particular item
There are some pink slips on the chairs and there are more copies. These can be used to ask a question or to ask for an item to be taken earlier in the meeting. Please fill in the relevant part and hand this in to the Committee Secretary at the top table.
Making a point on a particular item
At the Chair’s discretion, you may make a contribution to the debate on an item. To attract the Chair’s attention please raise your hand. This does not apply to planning applications where different arrangements apply.
WHAT ARE INTERESTS/EXECUTIVE DECISIONS/CALL IN
Like all organisations, the Council has its own ‘jargon’. On the agenda and during debates you will see/hear the following phrases.
Interests
Councillors must say if they have an interest in any of the items on the agenda. Interests may be personal or prejudicial. In general terms, a private interest is where the item could be viewed as benefiting the well-being or financial position of themselves, a relative or a friend more than it would other residents/businesses, etc. in the borough. A prejudicial interest is where it would be reasonable for a member of the public to take the view that a Councillor’s personal interest in the matter is so significant that their judgement of the public interest may be prejudiced. Depending on the interests declared it may be necessary for the Councillor to leave the meeting. The detail on interests is in Part 5A of the Constitution - Members’ Code of Conduct.
Executive Decisions
This covers most of the decisions made at the Committee with the exception of decisions on planning applications/ planning enforcement/tree preservation orders and licensing applications. The point on executive decisions is that they can be called in for review. The call in period is 5 days after the minutes have been published. Decisions are not, therefore, acted upon until it is clear that they are not going to be called in. The call in procedure is explained overleaf.
Minutes
The minutes briefly summarise the item and record the decision. They do not record who said what during the debate. 6
NEIGHBOURHOOD COMMITTEES: DECISIONS AND THE CALL IN PROCEDURE
General 1. The deadline for calling in decisions is 5 working days from when the minutes are published. The 5:00pm deadline and the date are stated on the minutes. 2. The call in request together with a statement of the reasons for the matter having been called-in should be made in writing to the Democratic Support Officer mentioned in the minutes. A letter, e-mail or fax will be accepted. 3. Decisions can be called in by • Three or more Councillors, • the Chair of the Scrutiny Panel, • the Chair of a Neighbourhood Committee affected by the proposal • 100 interested people - defined as anyone who lives, works, studies or owns a property or business in the Borough. 4. A decision can only be called in once. Does the call-in process change the decision? 5. Other Neighbourhoods - where there is an impact on them – the Scrutiny Panel and indeed the Council, can review decisions made by Neighbourhood Committees. However only the Neighbourhood can change its original decision. If it is not prepared to revise or amend the decision it will be implemented. The only exceptions are where the decision is contrary to the policy framework, or budget. In these exceptional circumstances the Council can decide the issue. 6. The same ‘rules’ apply to any decisions of the Executive that are called in. What happens when a Neighbourhood decision is called in. 7. When a Neighbourhood decision is called in it will referred to the Scrutiny Panel for review. However if the Chair of another Neighbourhood Committee has called it in because they believe that the impact of the decision adversely affects their Neighbourhood, it will be referred to that Neighbourhood Committee. The Scrutiny Panel or Neighbourhood, as appropriate, will review the decision and may decide that no further action is necessary, in which case the decision will be implemented. 8. If the Scrutiny Panel or Neighbourhood Committee reviewing the decision has concerns the other steps which can be taken are 1. The reviewing Neighbourhood can (a) send the issue back to the decision making Neighbourhood with its views and a request that the decision is reconsidered taking account of these views; (b) send the decision to the Scrutiny Panel for further review. 2 The Scrutiny Panel can (a) send the issue back to the decision making Neighbourhood with its views and a request that the decision is reconsidered taking account of these views. Member(s) of the Scrutiny Panel have a right to attend the Neighbourhood to explain their concerns; (b) send the decision on to the Full Council for scrutiny and debate – but the Council can only change the decision in exceptional circumstances. A1 APPENDIX A
MALDENS AND COOMBE NEIGHBOURHOOD COMMITTEE
15 JUNE 2011
CONSULTATION ON THE COUNCIL’S STATEMENT OF LICENSING POLICY UNDER THE LICENSING ACT 2003
REPORT BY THE EXECUTIVE HEAD FOR ENVIRONMENT
SUMMARY
This report invites Members to contribute to the consultation process for the annual review of the Statement of Licensing Policy, having particular regard to the newly incorporated Neighbourhood-specific policies contained therein.
The particular changes to the Policy are in Part B – the promotion of Licensing objectives and contain additional policies on public safety, and measures related to night time crime and disorder.
Part C is a new section and has policies specific to Neighbourhoods. These are intended to ensure that relevant and necessary measures are taken into consideration by applicants seeking to set up or extend licensed businesses within a particular Neighbourhood, and to assist Licensing sub-committees when determining applications. This approach recognises that more stringent controls may be necessary and appropriate in one area, but may not be so required in another.
The draft Statement of Licensing Policy is open for consultation from 6 June 2011 until the 29 August 2011. The policy has been published on the Council’s website www.kingston.gov.uk/licensing_policy_review
RECOMMENDATIONS
It is RECOMMENDED that
1. The Neighbourhood Committee considers the draft statement of licensing policy and provides comments to the Licensing Committee during the period of consultation on Parts B & C of the policy.
2. In particular, members are invited to comment upon the matters contained in the Surbiton Neighbourhood specific policy of the draft Statement of Licensing Policy.
REASON FOR RECOMMENDATIONS
To respond to the consultation.
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BACKGROUND
1. The Council, in its capacity as Licensing Authority, is required under the Licensing Act 2003 to approve and publish a Statement of Licensing Policy (the Policy) every three years.
2. The Authority has determined that it will undertake a review of the Policy on an annual basis, and this year’s review was commenced at the Licensing Committee meeting on 12 May 2011, and will result in a new Licensing Policy for publication in January 2012.
3. The Statement of Licensing Policy sets out the arrangements that the Licensing Authority will normally follow in carrying out its functions under the Licensing Act 2003, relating to the sale of alcohol and the provision of certain entertainments including live music, plays, films and similar activities.
4. The draft policy document has been revised to reflect the Council’s changing decision-making structure, the Coalition Government’s Localism Agenda and recognition of the need to respond to trends in night time crime and disorder. For the first time, the draft Policy introduces the concept of Neighbourhood Specific policies.
PROPOSAL
5. The Licensing Authority is required to consult on any revisions of its Licensing Policy and legislation sets out specific parties with whom the Authority must consult, including the Police, the Fire Brigade and groups representing local businesses, local residents and licence holders.
6. The Neighbourhood Committee is invited to contribute to the consultation process and in particular provide its views on the policy with a particular focus on the changes outlined in Part B in relation to Prevention of Crime and Disorder, Public Safety, Public Nuisance, and the Protection of Children from Harm and Part C related to the specific policy for the neighbourhood, outlined in paragraph 145 pages 32-33 of the draft policy.
7. The Neighbourhood Specific policies (Part C) are intended to ensure that relevant and necessary measures are taken into consideration by applicants seeking to set up or extend licensed businesses within a particular Neighbourhood, and to assist Licensing sub-committees when determining applications. This approach recognises that more stringent controls may be necessary and appropriate in one area, but may not be so required in another.
LICENSING TEAM ANNUAL REPORT - COMPLAINTS AND TEST PURCHASES
8. At its meeting on 12 May 2011, the Licensing Committee requested further information on the number and type of complaints handled by the Licensing Team, together with further detail on the number of test purchases undertaken by Trading Standards, and it was agreed that this information should be presented to Neighbourhood Committees at their next meeting. This has been circulated separately on a neighbourhood basis to members.
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TIMESCALE
9. The draft Statement of Licensing Policy is open for consultation from 6 June 2011 until the 29 August 2011. The policy has been published on the Council’s website (www.kingston.gov.uk/licensing_policy_review ) and letters have been sent to the statutory consultees, including representatives of resident associations, directing them to the location of the draft policy. Members will be informed of responses to the consultation that are made by residents / businesses in the Neighbourhood.
10. Any comments made during this consultation period will be presented to the Licensing Committee meeting on 13 October 2011, with a view to a final Policy being agreed and recommended to Full Council for approval in time for publication in January 2012.
FINANCIAL IMPLICATIONS
11. There are no financial implications associated with this report.
ENVIRONMENTAL IMPLICATIONS
12. The Statement of Licensing Policy sets out the framework within which decisions are made that affect public nuisance, public safety, crime and disorder and the protection of children from harm.
Background papers : held by David Kingstone, Team Leader – Environmental Control, 020 8547 5537, e-mail: [email protected]
• Report by Assistant Head of Environmental Health to Licensing Committee 12 May 2011 • Secretary of State’s Guidance under s182 of the Licensing Act 2003 October 2010]
Author of report: David Kingstone, Team Leader – Environmental Control A4 Annex 1
ROYAL BOROUGH OF KINGSTON UPON THAMES
DRAFT
LICENSING ACT 2003
STATEMENT OF LICENSING POLICY
2011 - 2014
Version 2 (to take effect January 2012)
DRAFT
If you require this document in another language or an alternative format such as large print or audio-tape, please contact the council’s help line on: 020 8547 5757
V2.1 JANUARY 2012
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CONTENTS
Page GLOSSARY 4 PREFACE 7 INTRODUCTION 9 PROMOTION OF THE LICENSING OBJECTIVES 10 FAIR AND EQUITABLE TREATMENT 10 ADVICE (Contact details for the Licensing Team) 11 PART A - MATTERS OF GENERAL POLICY 12 THE APPLICATION OF LICENSING CONTROLS 12 THE APPLICATION OF CONDITIONS 12 MAKING APPLICATIONS 13 NOTIFICATION OF APPLICATIONS 14 COMMENTING ON APPLICATIONS (MAKING REPRESENTATIONS) 14 DETE RMINATION OF APPLICATIONS AND INTEGRATION OF POLICIES 15 APPLICATIONS FOR REVIEW 16 ENFORCEMENT PROTOCOLS 16 SPECIAL POLICY ON CUMULATIVE IMPACT 17 HOURS OF OPERATION 18 PROMOTION OF EQUALITY 18 PROMOTION OF CULTURAL ACTIVITIES 19 PART B - POLICY ON THE PROMOTION OF THE LICENSING OBJECTIVES 20 PREVENTION OF CRIME AND DISORDER 20 PROOF OF AGE 21 PUB WATCH 21 PERSONAL LICENCE APPLICANTS 22 ‘SIGNIFICANT’ EVENTS IN LICENSED PREMISES 22 PUBLIC SAFETY 22 SPECIAL EFFECTS 23 INDOOR SPORTING ENTERTAINMENT 24 PUBLIC NUISANCE 24
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THE PROTECTION OF CHILDREN FROM HARM 25 RESPONSIBLE RETAILING 25 THE SHOWING OF FILMS 26 THEATRES & OTHER PERFORMANCES OF PLAYS 26 PART C - NEIGHBOURHOOD SEPCIFIC POLICIES ON THE PROMOTION OF THE 28 LICENSING OBJECTIVES KINGSTON TOWN 28 MALDENS & COOMBE 32 SURBITON 33 SOUTH OF THE BOROUGH 34
ANNEX 1 - CONTACT DETAILS OF RESPONSIBLE AUTHORITIES 36
ANNEX 2 - DELEGATION OF LICENSING DECISIONS 38
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GLOSSARY
The Council The Royal Borough of Kingston upon Thames
The Licensing The capacity in which the Council acts when performing its roles Authority and duties set out in the Licensing Act 2003. This capacity is delegated to officers in certain situations and circumstances detailed in the Policy.
The Act The Licensing Act 2003 and all Regulations made thereunder.
Secretary of The Guidance issued by the Secretary of State for Culture, State’s Guidance Media and Sport under section 182 of the Licensing Act 2003
Interested Party Defined in the Act as a person living in the vicinity of the premises; a body representing persons who live in that vicinity; a person involved in a business in that vicinity; a body representing persons involved in such businesses; or a member of the relevant licensing authority.
A member of the relevant licensing Any elected member of the Council. authority
Cumulative A special policy in which the Licensing Authority sets out that the Impact Policy number of premises within a certain area or areas is such that their cumulative impact (as opposed to the impact of any particular one premise) adversely affects the promotion of the licensing objectives.
Relevant The Licensing Authority may only consider relevant representation representations (objections) in determining applications. Relevant Representations are defined in the Act as being those that: are about the likely effect of the grant of the premises licence on the promotion of the licensing objectives are made by an interested party or responsible authority within the prescribed time period following an application are not frivolous or vexatious (in the opinion of the Licensing Authority)
Frivolous Those based on matters of limited seriousness, where the issues representations complained of are about a very min or nature and any action required would be disproportionate
Vexatious Would be those that arise out of disputes between parties and representations generally have little or no substance.
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Designated A person specified on the licence as being the individual Premises responsible for authorising the sale of alcohol. The DPS must Supervisor (DPS) hold a personal licence.
Personal Licence A licence granted by a Licensing Authority to an individual, authorising that individual to sell, or authorise the sales of, alcohol.
Operating The part of an application form in which the applicant sets out the schedule steps he/she/they intend to take to promote the licensing objectives.
Licensable Activities for which authorisation is required under the Act: activities the sale by retail of alcohol, the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club, the provision of regulated entertainment, and the provision of late night refreshment.
Regulated Defined in the Act as being, where taking place in the presence entertai nment of an audience and provided, at least partly, to entertain that audience, the: performance of a play exhibition of a film indoor sporting event boxing or wrestling entertainment performance of live music playing of recorded music performance of dance entertainment of a similar description to that falling within the performance of live music, playing of recorded music or performance of dance provision of facilities for enabling persons to take part in making music, dancing or anything or a similar description to making music or dancing
Responsible Means the: Authority the Chief Officer of Police the Fire Authority the Enforcing Authority with in the meaning given by section 18 of the Health and Safety at Work etc. Act 1974, the Local Planning Authority within the meaning given by the Town and Country Planning Act 1990 the Local Authority by which statutory functions are exercisable in relatio n to minimising or preventing the risk of pollution of the environment or of harm to human health,
cont...
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Responsible a body which — Authority cont... represents those who, in relation to any such area, are responsible for, or interested in, matters relating to the protection of children from harm, and is recognised by the licensing authority for that area for the purposes of this section as being competent to advise it on such matters, any Licensing Authority (other than the relevant licensing authority) in whose area part of the premises is situated, in relation to a vessel — a Navigation Authority (within the meaning of section 221(1) of the Water Resources Act 1991) having functions in relation to the waters where the vessel is usually moored or berthed or any waters where it is, or is proposed to be, navigated at a time when it is used for licensable activities, the Environment Agency, the British Waterways Board, or the Secretary of State,
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ROYAL BOROUGH OF KINGSTON UPON THAMES
THE LICENSING ACT 2003
STATEMENT OF LICENSING POLICY
PREFACE
The Royal Borough of Kingston upon Thames lies to the south west of London with a population of around 160,000. The Borough plays a major role as a commercial and employment centre serving a wider catchment of South West London and North East Surrey, in particular through Kingston Town Centre’s role as a major shopping hub and source of night time entertainment.
The Borough is bordered to the West by the River Thames and the County of Surrey to the South, and is neighbour to the London Boroughs of Richmond, Sutton, Merton and Wandsworth. The Borough has a long and rich history as a historic market town, benefitting from royal charters dating back to the 13 th Century. The Borough’s administrative boundary includes the suburban areas of Surbiton, New Malden, Old Malden, Coombe, Tolworth, Chessington and Worcester Park.
In addition to a substantial residential population, the Borough attracts an estimated quarter of a million shoppers every week. Kingston Town Centre provides a range of cultural and entertainment attractions including a 14 screen cinema in the Rotunda, ten pin bowling, numerous health and fitness clubs, 3 large nightclubs plus smaller clubs, pubs and entertainment venues. The centre also houses the Kingfisher leisure centre, library, museum, numerous hotels, the Kingston College arena and the Rose Theatre.
The Borough is a significant higher and further education centre with Kingston University and Kingston College both located close to the town centre. The University employs some 1800 academic professional and support staff and has around 17,000 students. The majority of full time students reside within the local area and are increasingly working in retail and service businesses in the town centre.
The Council is justifiably proud of the development of the Borough as a whole and, in particular, the facilities that are provided in Kingston Town Centre. The development of the Town Centre has also included increased residential accommodation so as to encourage a mix of activity during the day and at night, and seen the completion of new housing developments fronting the River Thames.
The town centre has a vibrant evening and late night economy with a total capacity of over 15,000, and regularly attracts an average of 10,000 visitors a night, from a wide catchment area. Whilst this activity brings enjoyment to large numbers of people, makes the town centre more lively and interesting; creates business opportunities and provides jobs; it brings with it increasing concerns about noise, crime and other anti social behaviour.
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In exercising its powers under the Licensing Act 20003 the Licensing Authority will be mindful of these concerns, however acknowledges that there are limitations on its powers. The Council believes that a fair balance must be struck between all the stakeholders involved; including, licensees, businesses holders, visitors and residents.
The borough is divided up into four Neighbourhoods, each covering a different part of the Borough. All Councillors from the local area are members of their Neighbourhood Committee, which is usually chaired by a Councillor from the party with most members on the Committee. The Neighbourhoods are responsible for local issues and decisions are made by local Councillors who know the area, in meetings held in local venues, with the involvement of local people.
The Neighbourhood system allows the Council to address different priorities in different part of the Borough, and makes it easier for local people to influence the decisions that affect them. In recognising this, the Licensing Authority has introduced Neighbourhood specific policies for the promotion of the Licensing Objectives.
This approach ensures that relevant and necessary measures are taken into consideration by applicants seeking to set up or extend licensed businesses within each Neighbourhood, and by the Licensing sub-committee when determining applications. The approach recognises more stringent controls may be necessary and appropriate in one area, but may not be so in another.
In 2010, Kingston town centre became one of the first areas in the country to be awarded a prestigious ‘Purple Flag’ in recognition of the strides it has made in becoming a safer and more pleasant place to be after dark.
The Council expects and encourages those engaged in operating licensed premises in the Town Centre and, indeed, across the whole of the Borough to carefully examine how they operate and how what they do may affect residents and businesses. In cases where Licensees do not act reasonably the Council will use its powers to exercise controls.
Through its “After Dark” and “K+20” strategies, the Council seeks to provide services and develop strategies that will provide a good balance for evening and late night visitors to the Borough.
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INTRODUCTION
1. This policy has been approved by the Royal Borough of Kingston upon Thames (The Council) in accordance with its responsibilities and powers as the Licensing Authority under the Licensing Act 2003 [hereafter referred to as “the Act”].
2. This Statement of Licensing Policy sets out the arrangements the Licensing Authority will normally apply and consider in carrying out its licensing functions under the Act, particularly when making decisions on relevant licence applications in respect of Premises Licences, Club Premises Certificates, Personal Licences and Temporary Event Notices.
3. In determining its policy for this three-year period, the Council has undertaken an extensive consultation process involving a wide range of authorities, organisations, representatives and the general public. Whilst a general consultation period was held between 28 th June 2010 and 20 th September 2010, the Council consulted specifically with:
The Metropolitan Police Kingston Crime and Disorder Reduction Partnership London Fire and Emergency Planning Authority Resident Associations Representatives of licensees Representatives of local businesses, Chambers of Commerce & Trade Associations The Council’s Neighbourhood Committees Kingston Town Centre Management Board Crime and Disorder Reduction Panel British Transport Police Kingston NHS Trust
4. This policy will remain in force from 1 st March 2011 until the 6 th January 2014 However within this period, the Policy will be subject to annual reviews. The Licensing Authority will consult on its annual review with the organisations listed in paragraph 3 above, and take into consideration any comments they may have to make regarding the continued suitability of the Policy to promote the Licensing Objectives.
5. The first annual review of this Policy took place between May and September 2011 and has resulted in a significantly revised policy document, reflecting the Councils changing decision making structure, the Governments Localism Agenda and recognition of the need to respond to trends in night time crime and disorder.
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PROMOTION OF THE LICENSING OBJECTIVES
6. In carrying out its functions under the Act, the Licensing Authority has a duty to promote the following licensing objectives:
the prevention of crime and disorder public safety the prevention of public nuisance the protection of children from harm
7. In accordance with the requirements of the Act, when determining applications the Licensing Authority will only consider matters that relate to the promotion (or otherwise) of one or more of these objectives.
8. Through consideration of this policy and the implementation of the principles of the Act, the Licensing Authority will seek to protect the amenity of local residents in so far as the Act permits.
9. The Licensing Authority recognises that its powers under the Act are only one means by which the licensing objectives may be promoted. As such, the Authority recognises that the Act must not be regarded as the only method for remediating problems or concerns that may arise from the use of premises for licensable activities .
10. In making decisions on licence applications, the Licensing Authority will take into consideration the availability of other powers and responsibilities exercised by the wider Council, the Police and other designated authorities.
11. It is recognised that the control of nuisance and anti-social behaviour by individuals once they are away from a licensed premises is beyond the direct control of licence holder. However, the Authority recognises that the control of licensing law forms part of a holistic approach to the management of the Boroughs busy evening and night-time economy.
FAIR AND EQUITABLE TREATMENT
12. Nothing in this statement of policy will:
Undermine the rights of any person to have his/her application considered on its individual merits and in accordance with the rules of natural justice and the European Convention on Human Rights.
Negate the right of any person to make representations regarding any application, or to seek a review of any licence, and for those representations to be properly considered in accordance with the rules of natural justice and the European Convention on Human Rights.
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ADVICE
13. Officers from the Licensing Authority are available to give advice to any person on technical matters of the legislation, including, but not exclusively, whether or not a licence, certificate or other authorisation is required and the procedures for making representations or calling for review of authorisations.
14. It should however be noted that the Licensing Authority must at all times remain impartial in the advice it provides, and as such officers will be unable to give advice on matters relating to business operation, nor advise on the likely success or otherwise of any application.
15. Anyone requiring advice on the licensing process, as outlined above, should contact:
The Licensing Team, Environmental Health & Trading Standards Service Royal Borough of Kingston upon Thames Guildhall 2 Kingston upon Thames KTI 1EU
Telephone: 020 8547 5079 or 020 8547 5078 Fax: 020 8547 5515 E-mail: [email protected] Website: www.kingston.gov.uk/licensing
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PART A
MATTERS OF GENERAL POLICY
THE APPLICATION OF LICENSING CONTROLS
16. The Licensing Authority considers that the Act seeks to promote licensable entertainment in a balanced way. It is recognised that the entertainment industry makes a significant contribution to the local economy, provides employment, meets a substantial public demand and is of assistance in implementing cultural strategies.
17. In determining applications, the Licensing Authority will take account of:
The need to balance relevant representations made by local residents against the benefits to the community at large. The need to avoid the imposition of conditions that are unduly and unnecessarily restrictive. The desirability of promoting artistic and cultural events.
THE APPLICATION OF CONDITIONS
18. The Licensing Authority encourages licence holders, businesses, local residents, the Police and other bodies to work in partnership to ensure that the licensing objectives are promoted.
19. It is anticipated that prior to making any application under the Act, applicants will have undertaken a full risk assessment of the impact of their activities on the licensing objectives. Applicants are expected to submit a detailed operating schedule setting out the steps they intend to take to promote the licensing objectives. In particular, applicants are encouraged to discuss their operating schedules with relevant Responsible Authorities in advance of making an application.
20. Where licences are granted the Licensing Authority will, where appropriate and where empowered to do so, attach such conditions, tailored to the individual characteristics and style of the premises, as it deems necessary to promote the licensing objectives.
21. Conditions may be selectively applied from the pool of conditions set out in the Secretary of State’ Guidan ce, drawn from the guidance provided in Parts B and C of this policy, or as the circumstances relate, such conditions specifically drawn up to reflect the matters of concern in each application.
22. The Authority will only apply conditions to authorisations that focus upon matters within the control of the licence holder or other relevant person.
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23. The Licensing Authority will not, as far as is reasonably practicable, impose any conditions which duplicate the requirements of existing regulatory regimes’.
24. Applicants may wish to consider the Authorities guidance on the promotion of the licensing objectives, and in particular the guidance at Parts B and C to this policy, together with the pool of conditions included within the Secretary of State’s Guidance befor e making applications. Applicants may consider it appropriate to volunteer, in their operating schedule, such conditions it considers pertinent to their activities.
25. Stricter conditions with regard to noise control may be applied in areas with a denser concentration of residential accommodation, in order to ensure the promotion of the licensing objective relating to the prevention of public nuisance.
26. To ensure fair and equitable treatment, and to safeguard the rights of all parties, the Licensing Authority will not (except in the case of any cumulative impact policy – see paragraphs 63 to 68 below) seek to:
Impose a quota, or limit, on the number and or type(s) of licensed premises within any specified area. Seek to impose any general specified hour of closing for licensed premises.
27. Where relevant representations are made, and not subsequently withdrawn following negotiation, a Licensing Sub-Committee hearing will be held. As part of the decision making process at a Sub-Committee hearing, the Licensing Authority may apply conditions to any granted licence as are necessary to meet the licensing objectives.
28. Where no relevant representations are made in respect of an application, the Licensing Authority will grant the licence or certificate subject to conditions consistent with the operating schedule being applied to the granted licence together with any relevant mandatory conditions specified in the Act.
29. Paragraphs 24 and 25 above do not apply in the case of Temporary Event Notices.
MAKING APPLICATIONS
30. All applications must be made in writing, using forms prescribed by regulations. The Council also accepts applications made online using the portal provided for this purpose on the Councils website, and actively encourages the submission of certain applications through the online portal.
31. Advice is available from Licensing Officers , and the Council’s website, on the process of making applications. [See paragraph 15 for contact details of the Licensing Team].
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32. Applications for new or variations to, premises licences and club premises certificates must be submitted to the Responsible Authorities. The duty to submit a copy of the application to each authority rests with the applicant, except in cases where an application is made entirely online, in which case the Licensing Authority will notify the Responsible Authorities on the applicant’s behalf.
33. The Act sets out in general terms the role of ‘Responsible Authorities’, and Annex 1 of this policy provides contact details for the responsible authorities in respect of applications to be made to the Royal Borough Of Kingston upon Thames.
NOTIFICATION OF APPLICATIONS
34. Aside from the requirement of the Act for applicants to advertise their application, the Council has determined to undertake further notification of applications received in accordance with the following paragraphs [35-38].
35. Properties falling within a 50 metre radius of the boundary of the application premises will be notified in writing of any application for a new, variation or review of a Premises Licence or Club Premises Certificate.
36. Where an applicant’s premises does not front directly onto a public road or footway (i.e. accessed via a private driveway), properties within 50 metres of where the entrance point of the access road meets the public highway will also be notified of the application.
37. Due to the procedural timescales involved in processing this type of application, written notification will not occur in respect of applications for Minor Variation. The process for this type of application is such that they will only be permitted if they do not impact upon the licensing objectives.
38. The Authority maintains a public register, available for inspection at the Council offices and online via the Councils website. The Licensing Team will also aim to email a list of applications received to all elected Members on a weekly basis.
COMMENTING ON APPLICATIONS (MAKING REPRESENTATIONS)
39. The Licensing Authority recognises that the comments and opinions of interested parties are crucial to the licensing process. The Authority publishes information sheets for residents and other interested parties on how to make a relevant representation. Copies are available on the Councils website or from the Licensing Team, whose contact details are given at paragraph 15.
40. It is the policy of the Authority to only consider representations received in writing, be this by letter, facsimile, e-mail or via our online portal.
41. Representations must be made within the relevant time period specified in the Act for the application type being considered.
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42. The Licensing Authority recognises that the Act and the Secretary of State’s Guidance specify what matters it may take into consideration when determining whether any representation made is relevant, this will include a consideration whether anyone making a representation is living in the vicinity of the applicant’s premises.
43. In making a decision on the question of vicinity, the Licensing Authority will consider whether the individual’s residence or business is likely to be affected by disorder or disturbance directly attributable to the applicant’s premises. The impact of issues relating to the four licensing objectives is the key consideration.
44. Whilst the Council has elected to notify residents and businesses located within 50m of the boundary of the application premises, this ‘distance’ is not in any way used to determine whether an interested party lives or works within the vicinity of the applicants premises. Each representation is considered individually and on its own merits.
45. There may be circumstances when residential properties included within a consultation area are not affected by licensable activities due to location or screening, and therefore may subsequently be deemed not to be falling within the vicinity when considering the relevance of representations. Conversely, proprieties falling outside the consultation area may be deemed to fall within the vicinity due to specific circumstances.
46. In borderline cases the benefit of doubt will be given to the interested party, and the representation included in the report prepared for the Licensing Sub- Committee ’s determination . In the event that a representation is rejected, clear reasons for this decision will be provided.
DETERMINATION OF APPLICATIONS AND INTEGRATION OF POLICIES
47. The Council recognises the need to implement its licensing responsibilities as swiftly, efficiently and as cost effectively as possible. To this end, the Council will operate its functions under the Act through a system of a Licensing Committee and a series of Licensing Sub-Committees, membership of which is drawn from Members of the Licensing Committee.
48. Applications will be determined by the Licensing Sub-Committees and / or officers in accordance with the Schedule of Delegations outlined at Annex 2.
49. Where no representations are made in respect of an application, or in the event that representations are withdrawn before a hearing can be held (and all parties agree a hearing is unnecessary), officers are delegated to grant the licence or certificate without the need to refer the application to a licensing sub-committee.
50. Where appropriate, and where resources permit, officers from the licensing team will facilitate mediation between applicants, responsible authorities and
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interested parties in respect of applications where representations are made. Mediation of this nature is designed to reach a mutually agreeable consensus incorporating conditions, adjusted times or other such measures so as to satisfy the concerns expressed by the interested party / parties, culminating in the withdrawal of representations and therefore negating the requirement to revert to a sub-committee for determination.
51. There is a clear distinction between the roles and responsibilities of the Council in relation to its planning and licensing functions, and any approval or rejection under either regime does not imply or lead to a similar decision under the other.
52. However, the Authority expects that applications for licences should normally be for premises with appropriate planning consent for the activities concerned. It is recognised that there is nothing in the legislation which prevents applications made under the licensing regime from being granted in the absence of appropriate planning permission.
53. The Council will endeavour where possible to secure proper integration between its licensing policy and its strategies for crime and disorder, planning, culture, transport, tourism and economic development. Members of the Licensing Committee will, where appropriate, receive reports on these issues to facilitate decisions and any review of current policy.
APPLICATIONS FOR REVIEW
54. Any interested party or responsible authority may make an application for review in respect of any granted licence where it becomes apparent that, because of some matter arising at the premises, one or more of the licensing objectives are not being promoted. Anyone seeking to apply for the review of a licence is advised to contact the Licensing Team for advice on the application process.
55. The Council will not consider more than one application in any 12 month period for the review of a licence on the same or similar grounds, except in exceptional and compelling circumstances such as continued disorder clearly associated with the management of the premises. Similarly, more than one application for review on the same or similar grounds will be accepted in the event of expedited reviews or a review following a closure order.
56. The Council has delegated the function of determining whether requests for Reviews should be rejected on the grounds that they are frivolous, vexatious or repetitive to designated officers, who will consult with the Chair or Vice Chair of the Licensing Committee.
ENFORCEMENT PROTOCOLS
57. The Licensing Authority has established protocols with the Police and the London Fire and Emergency Planning Authority to ensure effective enforcement of the Act and controls.
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58. Officers of the Authority will ensure that any matters brought to their attention by way of inspection, investigation or complaint, are referred to the most appropriate authority for consideration.
59. The Licensing Authority will work closely with the Police, London Fire & Emergency Planning Authority, Trading Standards and other relevant enforcement agencies, as may be appropriate, on matters of enforcement.
60. The importance is recognised of the need to ensure compliance with the terms and conditions of licences issued by the Authority. Where appropriate, inspections of licensed premises will be undertaken on the basis of complaint and / or risk assessment.
61. Inspections are designed to assess compliance with the terms and conditions of the respective licence and as such, resources will be targeted at those premises, deemed by virtue of history, volume of complaints, or nature of business (for example) to be performing poorly.
62. The Licensing Authority recognises the desire to reduce the regulatory burden on businesses, and as such will work closely with other inspecting authorities in carrying out visits or inspections.
SPECIAL POLICY ON CUMULATIVE IMPACT
63. The Licensing Authority has not currently adopted a special policy on cumulative impact.
64. However the Authority is prepared to consider whether there is a current need for a special policy on cumulative impact, where, relevant representations from responsible authorities and / or interested parties, demonstrate that the cumulative impact of a number of premises in a given area will:
Adversely affect the ability to meet the licensing objectives with particular reference to crime and disorder and public nuisance. Make the area a focal point for the gathering of large groups of people away from the licensed premises themselves, with consequent nuisance and / or disorder.
65. The adoption of a special policy on cumulative impact would create a rebuttal presumption that applications for premises licences, club premises certificates or major variations thereof will be refused on the basis that the granting of the application would undermine one or more of licensing objectives in the area specified.
66. The Council will consider the following matters when deciding whether to adopt a cumulative impact policy, or any other special policy affecting the future of applications in any given area:
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Information relating to serious and chronic concern about nuisance and / or disorder that has been submitted by a responsible authority or representatives of residents. The problems of disorder and / or nuisance are arising as a direct or indirect result of customers from licensed premises. The likely causes and the scale of the problem, based upon firm evidence from responsible authorities and interested parties.
67. The Licensing Authority recognises that the absence of a Special Policy on Cumulative Impact does not prevent any Responsible Authority or Interested Party from making representations on the basis that an application would, if granted, give rise of a negative cumulative impact.
68. The matter of ‘need’ (whether there is a need for another premises in a given area) is not a matter for consideration of the Licensing Authority, and will therefore not form part of the decision making process.
HOURS OF OPERATION
69. The Licensing Authority does not propose to designate areas with a view to prescribing a general terminal hour of opening, but otherwise will consider each application on its merits, having regard to the proposed use of the premises and the nature of the locality in which it is situated.
70. The Authority will generally seek to permit shops and supermarkets to sell alcohol, for consumption off the premises, during their normal trading hours in which they are (or will be) open for shopping.
71. However in cases where individual shops become a focus for disorder, disturbance or under age sales, a limitation on permitted hours for the sale of alcohol may be imposed following representations.
PROMOTION OF EQUALITY
72. The Council recognises its obligation under our equality legislation covering race, disability, gender, age, sexual orientation and religion or beliefs. The functions under the Licensing Act 2003, and this policy are therefore operated accordingly.
73. The Authority considers that access to licensed premises and the full range of entertainment provided by a licence should not be denied to anyone who may be disabled. The Authority expects all proprietors of licensed premises to give due consideration to the needs and requirements of access to licensed premises by disabled or less mobile customers, and to make adequate arrangements to ensure their operations are inclusive.
74. Consideration might also need to be given to conditions that ensure adequate arrangements exist to enable the safe evacuation of disabled customers in the event of an emergency.
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PROMOTION OF CULTURAL ACTIVITIES
75. The Council is anxious to ensure that broad cultural activity and entertainment is not deterred by licensing requirements.
76. To promote greater cultural diversity in the performing arts, the Licensing Authority encourages applications for live music, dance, theatre, street theatre and musical bands etc, and in particular from ethnic and other minority groups.
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PART B
POLICY ON THE PROMOTION OF THE LICENSING OBJECTIVES
77. It is expected that prior to making any application under the Act, applicants will have undertaken a full risk assessment of the impact of their activities on the promotion of the licensing objectives. Thereafter, applicants are expected to submit a detailed operating schedule as part of the application, setting out the steps they intend to take to promote the licensing objectives.
78. The Licensing Authority has developed guidance to assist applicants, responsible authorities and interested parties in considering what steps may be necessary to promote the licensing objectives.
79. The Licensing Authority considers that conditions imposed on granted licences, and likewise the content of submitted operating schedules, should relate closely to the circumstances of the locality within which the premises is situated.
80. The Royal Borough of Kingston is divided up into four Neighbourhoods, each covering a different part of the Borough. All elected members from the local area are members of their Neighbourhood Committee which are responsible for local issues in their area.
81. In recognising the local knowledge held by members of Neighbourhood Committees, the Licensing Authority has introduced Neighbourhood specific policies for the promotion of the Licensing Objectives.
82. This approach is intended to ensure that relevant and necessary measures are taken into consideration by applicants seeking to set up or extend licensed businesses within each Neighbourhood. The approach recognises more stringent controls may be necessary and appropriate in one area, but may not be so in another.
83. Applicants are encouraged to discuss their operating schedules with relevant responsible Authorities in advance of making an application.
84. In respect of the promotion of the licensing objectives, the Licensing Authority’s General Policy is outlined below.
PREVENTION OF CRIME AND DISORDER
85. The Licensing Authority recognises that licensed premises, particularly late night venues, can be a focus of crime and disorder problems.
86. The Licensing Authority will carry out its licensing functions so as to promote the prevention of crime and disorder, by ensuring that Licence Holders take
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measures to regulate the behaviour of persons on the premises and patrons who are in the vicinity.
87. The Authority acknowledges that it holds a duty under Section 17 of the Crime and Disorder Act 1998 to exercise its functions with proper regard to the likely effect of the exercise of those functions on crime and disorder in the Borough. The Authority recognises that it must do all it reasonably can to prevent crime and disorder.
PROOF OF AGE
88. In October 2010 a Mandatory Condition came into force requiring premises with Licences authorising the sale or supply of alcohol to implement an age verification policy in relation to the sale or supply of alcohol. The condition requires that the policy must incorporate measures to ensure that individuals who appear to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and a holographic mark.
89. The Licensing Authority recognises and support the challenge 25 campaign, whereby anyone appearing to be under the age of 25 is asked to provide identification to demonstrate they are over 18, before being sold alcohol. The authority expects all holders of licenses permitting the sale of alcohol to implement and actively publicise “No ID – No Sale” schemes, and encourages applicants to adopt current best practice on age verification policies – “Challenge 25 ”.
90. Licence Holders are expected to include within their age verification policy: documented training procedures to ensure staff are fully trained in age verification procedures, including induction and regular refresher training with signed records kept of that training use of till prompts in shops together with appropriate warning notices being displayed at alcohol fixtures the use of refused sale records, which are regularly checked and signed off by the Designated Premises Supervisor .
91. The Licensing Authority supports and recommends that premises accept identity cards bearing the logo of the PASS accreditation scheme, which aims to approve and accredit various proof of age schemes that are in existence and thereby ensures that such schemes maintain high standards, particularly in the area of integrity and security. Details of the PASS scheme are available from the Trading Standards Responsible Authority.
PUB WATCH
92. The Licensing Authority fully supports the aims of local pub watch groups and encourages all licence holders to:
Participate in and attend Pub Watch and ‘Behave or Be Banned’ meetings.
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Subscribe to any Pub Watch or Shop Watch radio links. Formulate policies to counter anti social behaviour, drug dealing, violence and disorder. Participate in the Best Bar None scheme.
PERSONAL LICENCE APPLICANTS
93. Applicants for Personal Licences who have unspent criminal convictions, as defined in the Licensing Act 2003, are encouraged to discuss, in confidence, their proposed application for a personal licence with the police before making such an application.
‘SIGNIFICANT’ EVENTS IN LICENSED PREMISES
94. Licensees are advised to consult the local Metropolitan Police Licensing Unit to clarify whether a proposed event, for example an event outside of the normal operational characteristic of the venue, or an event involving a high profile or niche ma rket artiste / DJ, is classed by them as ‘significant’.
95. Where a ‘significant’ event is proposed to take place at any licensed premises, the licence holder will be expected to undertake a risk assessment using the Metropolitan Police Service Promotion / Event Risk Assessment Form [Form 696], or any equivalent or subsequent form, and submit a copy of the form to the Police no later than 14 days before the event is due to take place.
PUBLIC SAFETY
96. The Licensing Authority considers it essential that premises be operated to a high standard of public and fire safety. As such, it is expected that applicants will satisfactorily address these issues in their operating schedules and plans / drawings submitted as part of the application process.
97. The Authority is not in a position to impose conditions on licences that relate to fire safety legislation, for whom the enforcing authority is the London Fire and Emergency Planning Authority [LFEPA]. However, given that applications must be submitted to LFEPA, who may make representations on applications which are not considered to be demonstrating the promotion of public safety, applicants are advised to make contact with their local fire safety officer for advice regarding measures to ensure adequate fire protection and means of escape prior to the submission of application’s .
98. Whilst existing health and safety legislation will generally be sufficient to control risks to the safety of the public in most premises, the Licensing Authority recognises that, in some situations, statutory requirements may not be adequate, or be in place, to ensure public safety. Where its right is invoked, the Authority may impose conditions requiring the licence holder to take steps over and above minimum legal requirements as may be necessary to ensure safety.
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99. It should be noted that conditions relating to public safety should be those that are necessary in the particular circumstances of any individual premises or club premises, and should not duplicate other requirements of existing Health and Safety Legislation. Equally, the attachment of conditions to a premises licence or club premises certificate does not in any way relieve employers of their statutory duty to comply with the requirements of primary Health and Safety or Fire Safety legislation.
100. In addition to the points made in this section, applicants and responsible authorities may wish to consider advice and guidance provided in a number of separate publications and relevant British Standards, which may be of particular use in relation to specific types of operation. Whilst a full list of helpful documents is given in the Secretary of State’s Guidance, the following documents are considered to be particularly beneficial:
HSG195 - The Event Safety Guide - A guide to health, safety and welfare at music and similar events (HSE 1999) ("The Purple Book”) ISBN 9 7807 1762 4539 The London District Surveyors Association's "Technical Standards for Places of Public Entertainment" ISBN 0 9531229 2 1 British Standards: - BS 5588 Part 6 (regarding places of assembly) - BS 5588 Part 9 (regarding ventilation and air conditioning systems) - BS 5588 Part 9 (regarding means of escape for disabled people) - BS 5266 (emergency lighting systems)
101. Applicants, in particular, should note that a substantial volume of guidance and advice is also available free of charge from the Health and Safety Executive via their website at www.hse.gov.uk
SPECIAL EFFECTS
102. The use of special effects in support of regulated entertainment is becoming increasingly common. Special effects can present significant risks, and conditions may be necessary to ensure appropriate storage, maintenance and use of such effects in order to minimise any risk to the safety of the audience, performers and / or staff.
103. Special effects which should be considered for such conditions include: dry ice machines and cryogenic fog; smoke machines and fog generators; pyrotechnics, including fireworks; real flames; firearms; motor vehicles; strobe lighting; lasers (see HSE Guide The Radiation Safety of lasers used for display purposes [HS(G)95] and BS EN 60825: Safety of laser products); explosives and highly flammable substances.
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In some circumstances, conditions may be necessary to require that special effects are only used with the prior notification of the licensing authority or following inspection by an appropriate authority.
INDOOR SPORTING ENTERTAINMENT
104. In premises where the provision of indoor sporting entertainment is to be provided, it may be necessary for conditions to control or restrict seating arrangements, the provision of stewards and appropriate medical facilities.
105. At water based events (swimming competitions for example) it may also be appropriate to include conditions requiring staff adequately trained in rescue and life safety procedures to be present.
PUBLIC NUISANCE
106. The Licensing Authority recognises that licensed premises, particularly those operating late at night, have the potential to cause nuisance and disturbance to those living in the vicinity.
107. Whilst the Environmental Protection Act 1990 and the Noise Act 1996 provide some protection to the general public from the effects of noise and other statutory nuisances arising from licensed premises, it is often necessary to apply conditions that promote good management practice or otherwise promote the prevention of public nuisance so as to protect the amenities of local residents.
108. The Licensing Authority also recognises that public nuisance amounts to more than just noise disturbance. Applicants and licence holders should consider the effect of their businesses on other public nuisances, including for example odour, light and litter.
109. The Licensing Authority recognises the impact upon licensed premises of the requirement to comply with the Health Act 2006, which banned smoking in enclosed public spaces, and the need for alternative arrangements to be provided.
110. However, the Authority also recognises that as a result of changes made in business operations, patrons smoking in external areas surrounding premises have been known to cause noise disturbance in some circumstances.
111. The authority recommends that applicants should consider the inclusion within their operating schedules of an intention to prevent drinks from being taken outside after a certain time, i.e. 23:00pm, in order to limit the amount of time persons wishing to smoke are tempted to remain outside, and thereby are less likely to cause noise disturbance.
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112. Applicants should ensure that their operating schedules properly address issues of public nuisance in so far as it is within their capability and remit to do so.
THE PROTECTION OF CHILDREN FROM HARM
113. The Licensing Authority supports the formation of family friendly entertainment environments.
114. The Council will expect applicants to demonstrate in their Operating Schedule that suitable and sufficient measures have been identified and implemented to protect children from harm, having regard to the style, characteristics and activities of the premises and the activities provided.
115. Whilst the Act creates offences, in certain situations, of allowing or permitting an unaccompanied person under the age of 16 to be present in licensed premises, it does not in itself prohibit the access by children to any type of licensed premises.
116. The Licensing Authority considers, therefore, that conditions prohibiting access to a premises, or parts of a premises, may be necessary in some circumstances, particularly in premises where:
There have been convictions for serving alcohol to minors or where there is evidence of underage drinking. Entertainment of an adult (language, sexual imagery etc) nature is provided. There is a strong element of Gambling (note: the Gambling Act 2005 also provides for the protection of children from harm). There is a known association with drug taking or dealing. Where, be it after a certain time or otherwise, the predominant use of the premises is for the consumption of alcohol on the premises.
117. These circumstances are not considered to be the only occasions when such conditions may be appropriate, and as such, on receipt of representations from responsible authorities or interested parties, the Authority may consider it necessary to impose such conditions in other situations.
118. No condition will be attached to any licence that requires the licence holder to admit people under a specified age, unless such a condition is volunteered by an applicant.
119. The Licensing Authority recognises the Directorate of “Learning and Children's Services” as being the proper authority to advise on matters relating to the welfare of children.
RESPONSIBLE RETAILING
120. The Licensing Authority expects all applicants and licence holders to recognise the responsibility that the retail sale or supply of alcohol brings.
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121. In order to promote the licensing objective relating to the protection of children from harm, the Licensing Authority expects all applicants, licence holders and premises users to follow responsible retailing practices in relation to the sale or supply of alcohol.
THE SHOWING OF FILMS
122. Where an application seeks permission to exhibit films, the Licensing Authority expects applicants to detail in their operating the steps they intend to take to prevent children from viewing age restricted films, trailers or advertisements.
123. A mandatory condition set out in the Act requires that where a licence authorises the exhibition of films, the licence must include a condition requiring the admission of children to the exhibition of any film to be restricted in accordance with any recommendation made by a film classification body.
124. Therefore, where the exhibition of films is permitted, the Licensing Authority will require that the age restrictions applied by the British Board of Film Classification (BBFC) are to be complied with.
125. Films that have not been classified by the BBFC may only be shown after they have been classified by the Council. The Council has delegated the function of classifying such films, using the BBFC classification guidelines prevailing at the time, to designated officers. The Council requires that films are presented for classification at least 28 days before the intended date of exhibition.
126. In some circumstances, it may be appropriate for additional conditions relating to the admission of children to film exhibitions be included. Matters for consideration in such respects may include:
Conditions specify that immediately before each exhibition at the premises of a film there shall be exhibited on screen for at least five seconds in such a manner as to be easily read by all persons in the auditorium a reproduction of the certificate of the classification or as regards a trailer advertising a film, of a statement indicating the classification of the film being trailed.
The display of notices inside and outside the premises so that persons entering can readily be made aware of the classification attached to any film or trailer.
THEATRES & OTHER PERFORMANCES OF PLAYS
127. Whilst the admission of children to theatres, or other performances of plays, would not normally be restricted, it may be appropriate to do so in certain circumstances in order to promote the licensing objective of the protection of children from harm.
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128. The admission of children to the performance of a play would normally be left to the discretion of the licence holder; however a condition restricting the admission of children to performances involving nudity and / or adult material or language may be required.
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PART C
NEIGHBOURHOOD SEPCIFIC POLICIES ON THE PROMOTION OF THE LICENSING OBJECTIVES
129. The Licensing Authority acknowledges that licensed premises located in some parts of the Borough may have a greater impact upon the licensing objectives than similar premises located in other areas.
130. In order to assist applicants, and also to advise and guide licensing sub- committees in making decisions on contested applications, the Licensing Authority has adopted neighbourhood specific policies outlining requirements that should be considered and incorporated in operating schedules.
131. The Licensing Authority expects applicants to have considered the matters outlined in the Neighbourhood policy relating to the area in which their premises are located. Applicants must be prepared to justify why appropriate recommended controls should not be applied in the event of applications coming before sub-committees.
132. Applicants are advised that Responsible Authorities will also expect the measures relevant to the business operation to have been considered, and it is likely that where deficiencies in the operating schedule are identified, representations are likely to be made.
KINGSTON TOWN
133. The highest concentration of Licensed Premises is located within Kingston Town Neighbourhood, and in particular within Grove Ward. This brings particular concerns in relation to the impact the number of premises have upon the Licensing Objectives and as such, the Licensing Authority considers it necessary for tighter controls to be applied to premises in this Neighbourhood.
134. In particular, the Authority considers that the following matters are considered by applicants, where appropriate to the nature of the business.
135. Door Supervision
The use of door supervisors at licensed premises are valuable in not only controlling admission to the premises and restricting access where necessary, but also play a valuable role in controlling queues, undertaking searches for the purpose of preventing drugs or offensive weapons being admitted and for ensuring any capacity limits are not exceeded
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Whilst all applicants should assess whether the provision of door staff is necessary for their business, the authority expects that all Pubs, Bars, Nightclubs and premises offering Late Night Refreshment will provide a minimum of 2 licensed door supervisors, and further doorstsaff to be employed in accordance with a risk assessment and in consultation with the police.
Where its right is invoked, the Licensing Authority will generally impose a condition requiring door staff on licences for this type of premises, unless it can be demonstrated that such a condition is not necessary for the promotion of the licensing objectives.
Applicants and licence holders are expected to ensure that a policy on searching customers is devised and implemented. Searches of persons bags, or in some cases pat down or metal detector body searches may be necessary to prevent and deter the bringing into licensed premises of drugs and / or offensive weapons. Door supervisors are trained and equipped with the necessary skills to undertake this task, and it may be necessary in certain types of establishments for conditions to be included that require the carrying out of searches
136. CCTV systems
CCTV cameras are a vital asset to both the licence holder and the regulatory authorities. Footage obtained by CCTV has proven to be a vital source of evidence in detecting crime at and immediately outside licensed premises.
Overt cameras also help deter criminal acts, such as theft of stock, and whilst it is acknowledged that the installation of CCTV may incur considerable expenditure, the Licensing Authority expects all applicants and licence holders consider providing CCTV systems
The Authority expects that CCTV systems will:
cover all entrances, exits, internal and external areas of the premises.
Ensure that images are stored for a minimum of 31 days
images can be delivered to Police or Council Officers in a recognised format upon request
be adequately maintained so as to operate and record at all times the premises are open (for crime prevention purposes, it is recommended that CCTV systems are operational 24 hours a day, using motion sensors during non-opening hours). VERSION 2.1 DRAFT
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137. Capacity Limits
In pubs, bars and nightclubs within Kingston Town Neighbourhood, the Licensing Authority considers it necessary to impose limits on the number of persons that may be present in order to ensure public safety, prevent overcrowding and enable prompt exit by persons in the case of an emergency, for example.
The Authority expects applicants to have considered the safe capacity for their premises and to incorporate this figure into their operating schedule, together with details of their measures for ensuring that this capacity is not exceeded.
138. Control of glass drinking vessels
Over 20,000 glass bottles have been picked up off the street by the Kingston Street Pastors in the period that the scheme has been running in Kingston Town Centre.
Glass drinking vessels can be used as weapons and when broken can inflict serious injury during incidents of disorder, not only within licensed premises, but further away if such vessels are permitted to be removed from the premises.
It is expected that applicants will consider whether drinks should be provided in toughened glass drinking vessels, and whether, after a given time at night, drinks usually served in bottles should be decanted before service. Such conditions can be subject to appropriate exceptions, for example in the case of champagne bottles or wine sold for consumption with a table meal.
The Authority considers that all premises serving alcohol for consumption on the premises should be subject to conditions preventing open bottles being taken away from the premises.
139. Participation in Radio Schemes
Kingston First’s Business Watch radio link scheme can be used to connect licence holders, designated premises supervisors, or managers with the local p olice and the Council’s CCTV control room
Conditions’ requiring the participation in the radio link scheme, or similar arrangements, is considered to be necessary for all premises forming part of the evening and nigh-time economy.
140. Lighting
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In certain premises where levels of natural light may be reduced, consideration should also be given to conditions that ensure that electrical lighting in any area accessible to members of the public shall be maintained fully operational when the premises is open.
It may also be necessary to use conditions to control the use of external lighting operated in conjunction with licensable activities. For example, floodlighting to gardens and smoking areas should only illuminate intended areas, and flashing or particularly bright lights on or outside licensed premises must not cause a nuisance to nearby properties.
However the Authority recognises the benefits to the prevention of crime and disorder of lighting in certain areas of the premises, and any conditions must be mindful of ensuring such benefits are promoted.
141. Management Practices
The Licensing Authority considers good management practices are essential, and would expect applicants and licence holders to demonstrate good practice, where appropriate through conditions requiring written documentation in respect of:
i. Dispersal of customers
ii. Noise management
iii. Drugs policy
iv. Queue control and Searching
v. Control of deliveries and the disposal of empty bottles and other refuse late at night
142. The control of noise emanating from licensing premises, or occurring as a result of the provision of licensable activities, should be considered by premises located close to areas of residential accommodation. In particular:
In certain premises consideration should be given to conditions to ensure that noise or vibration does not emanate from the premises. This could be achieved through a requirement to keep doors and windows closed, for example, or perhaps to require use of noise limiters on amplification equipment.
It may also be necessary to restrict the use of gardens or other external drinking areas after certain times to reduce the level of noise likely to be generated. For example, conditions may restrict the use of such
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areas after by preventing the taking of drinks or food into the areas after a given time, but thereby still providing facilities for smokers.
The disposal of refuse or recycling generated by the operation of a licensed premises can, when undertaken at the wrong time of day, cause significant noise particularly in respect of the moving and disposal of glass bottles. It may therefore be necessary to condition that undertaking of such activities will take place at times that will minimise disturbance.
143. A number of licensed premises, particularly those predominantly providing late night refreshment, have the potential to affect the quantity of litter on the streets around the neighbourhood. It is expected that any premises wishing to provide late night refreshment, as their predominant licensable activity will agree to conditions requiring the cleaning of the pavement immediately in front of their premises. The same conditions may also be necessary for businesses that generate significant quantities of printed matter, by way of flyers or promotions.
144. The Authority recognises the importance of Pubwatch and the Behave or Be Banned scheme, and considers the attendance at meetings of representatives from premises contributing to the evening and late night economy as essential.
MALDENS & COOMBE
145. The Neighbourhood is less dominated by premises offering alcohol and entertainment than other parts of the Borough, with the main district centre being New Malden. The Licensing Authority recognises that licensed premises do not have a significant impact the issues incorporated within the licensing objectives, however is mindful that applicants wishing to provide licensable activities in this area will need to consider in particular: : Conditions on licences may need to deal with the need for door supervisors to be present at certain times or for certain types of event
The provision of CCTV systems
Whether capacity limits might be appropriate for certain venues
Areas of good management practice, including noise management policies, undertaking periodic noise assessments outside nearby residential properties, policies to respond to complaints from residents and commitments to make all staff aware of licence conditions regarding noise.
In certain premises consideration should be given to conditions to ensure that noise or vibration does not emanate from the premises.
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This could be achieved through a requirement to keep doors and windows closed, for example, or perhaps to require use of noise limiters on amplification equipment.
It may also be necessary to restrict the use of gardens or other external drinking areas after certain times to reduce the level of noise likely to be generated. For example, conditions may restrict the use of such areas after by preventing the taking of drinks or food into the areas after a given time, but thereby still providing facilities for smokers.
The disposal of refuse or recycling generated by the operation of a licensed premises can, when undertaken at the wrong time of day, cause significant noise particularly in respect of the moving and disposal of glass bottles. It may therefore be necessary to condition that undertaking of such activities will take place at times that will minimise disturbance.
SURBITON
146. The Neighbourhood of Surbiton comprises a highly sought after residential area and a busy shopping centre, providing a real mix of individually owned shops co-existing alongside smaller chain store outlets. Bar and café culture is also a growing feature of the centre, and whilst the Licensing Authority recognises that licensed premises do not impact significantly upon the issues incorporated within the licensing objectives, applicants wishing to provide licensable activities in this area will need to consider in particular:
Conditions on licences identifying the need to provide door supervisors on certain days of the week, or for certain types of event
The provision of CCTV systems
Whether capacity limits might be appropriate for certain venues
Areas of good management practice, including noise management policies, undertaking periodic noise assessments outside nearby residential properties, policies to respond to complaints from residents and commitments to make all staff aware of licence conditions regarding noise.
In certain premises consideration should be given to conditions to ensure that noise or vibration does not emanate from the premises. This could be achieved through a requirement to keep doors and windows closed, for example, or perhaps to require use of noise limiters on amplification equipment.
It may also be necessary to restrict the use of gardens or other external drinking areas after certain times to reduce the level of noise likely to be generated. For example, conditions may restrict the use of such VERSION 2.1 DRAFT
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areas after by preventing the taking of drinks or food into the areas after a given time, but thereby still providing facilities for smokers.
The disposal of refuse or recycling generated by the operation of a licensed premises can, when undertaken at the wrong time of day, cause significant noise particularly in respect of the moving and disposal of glass bottles. It may therefore be necessary to condition that undertaking of such activities will take place at times that will minimise disturbance.
It may be necessary to use conditions to place controls on the use of external lighting operated in conjunction with licensable activities. For example, floodlighting to gardens and smoking areas should only illuminate intended areas.
Participation in local pubwatch / shopwatch schemes
SOUTH OF THE BOROUGH
147. The Neighbourhood benefits from more open green space than the other three neighbourhoods, is largely residential and consequently has a much less greater density of licensed premises.
148. The Licensing Authority considers that whilst licensed premises do not tend to impact significant upon the issues incorporated within the licensing objectives, applicants must still focus considerations on particular areas of concern, including:
Noise management, and in particular periodic noise assessments outside nearby residential properties and policies to respond to complaints from residents.
Conditions to ensure that noise or vibration does not emanate from the premises, which could include a requirement to keep doors and windows closed, or perhaps to require use of noise limiters on amplification equipment.
It may also be necessary to restrict the use of gardens or other external drinking areas after certain times to reduce the level of noise likely to be generated. For example, conditions may restrict the use of such areas after by preventing the taking of drinks or food into the areas after a given time, but thereby still providing facilities for smokers.
The disposal of refuse or recycling generated by the operation of a licensed premises can, when undertaken at the wrong time of day, cause significant noise particularly in respect of the moving and disposal of glass bottles. It may therefore be necessary to condition that undertaking of such activities will take place at times that will minimise disturbance.
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It may be necessary to use conditions to place controls on the use of external lighting operated in conjunction with licensable activities. For example, floodlighting to gardens and smoking areas should only illuminate intended areas.
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ROYAL BOROUGH OF KINGSTON UPON THAMES 35 STATEMENT OF LICENSING POLICY 2011 - 2014 ANNEX 1
CONTACT DETAILS OF RESPONSIBLE AUTHORITIES
Authority Address Telephone Email address The Local Planning Development Control Team Authority Environmental Services Guildhall 2 020 8547 5344 [email protected] Kingston upon Thames KT1 1EU Responsible Authority for Pollution Team Noise and Environmental Environmental Health Service Pollution Guildhall 2 020 8547 5536 [email protected] Kingston upon Thames
KT1 1EU A39 Health & Safety (Local Food & Safety Team Authority enforced) Environmental Health Service Guildhall 2 020 8547 5536 [email protected] Kingston upon Thames KT1 1EU Health & Safety (HSE HM Inspector of Health & Safety enforced) FOD London Division Health & Safety Executive 0845 345 0055 [email protected] Rose Court 2 Southwark Bridge London SE1 4LW Trading Standards Trading Standards Service Guildhall 2 020 8547 5536 [email protected] Kingston upon Thames KT1 1EU
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ROYAL BOROUGH OF KINGSTON UPON THAMES 36 STATEMENT OF LICENSING POLICY 2011 - 2014
Authority Address Telephone Email address London Fire & Emergency Kingston Borough Team Planning A uthority 169 Union Street 020 8555 1200 firesafetyregulationSW@london -fire.gov.uk London X37639 SE1 0LL Metropolitan Police Kingston Licensing Office Division Kingst on Police Station 020 8247 4935 / 5/7 High St [email protected] 020 8247 5113 Kingston upon Thames KT1 1LB Protection of Children from Directorate of Children & Learning Harm Guildhall 2 020 8547 5757 [email protected]
Kingston upon Thames A40 KT1 1EU FOR APPLICATIONS IN RESPECT OF VESSELS, THE FOLLOWING ADDITIONAL AUTHORITIES The Navigation Authority The Environment Agency Recreation & Navigation, Thames Region, Kings Meadow House, 0118 953 5650 boatreg@environment -agency.gov.uk Kings Meadow Road Reading, RG1 8DQ Environment Agency Environment Agency Thames Region South East Area Swift House Frimley 08708 506506 enquiries@environment -agency.gov.uk Business Park Camberley Surrey GU16 7SQ British Waterways Board British Waterways London 1 Sheldon Square Paddington Central Not available [email protected] London W2 6TT The Secretary of State The Surveyor General Maritime & Coast guard Agency, Orpington Marine Office Not available Not available Central Court , 1 Knoll Rise Orpington, Kent BR6 0JA
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ANNEX 2 DELEGATION OF LICENSING DECISIONS
Matter to be dealt with Full Committee Sub-Committee Officers
APPLICATION FOR A If a Police objection If no objection
PERSONAL LICENCE is made
APPLICATION FOR PERSONAL LICENCE WITH All cases UNSPENT CONVICTIONS
APPLICATION FOR If a relevant If no relevant PREMISES LICENCE /CLUB representation representation PREMISES CERTIFICATE made made
APPLICATION FOR A If a relevant If no relevant PROVISIONAL representation representation STATEMENT made made
APPLICATION TO VARY If a relevant If no relevant PREMISES LICENCE /CLUB representation representation CERTIFICATE made made
APPLICATION TO VARY A If a Police objection DESIGNATED PERSONAL All other cases is made LICENCE HOLDER
REQUEST TO BE REMOVED AS A All cases DESIGNATED PERSONAL LICENCE HOLDER
APPLICATION FOR If a Police objection TRANSFER OF PREMISES All other cases is made LICENCE
APPLICATIONS FOR If a Police objection All other cases INTERIM AUTHORITIES is made
APPLICATION TO REVIEW PREMISES LICENCE /CLUB All cases PREMISES CERTIFICATE
DECISION ON WHETHER A REPRESENTATION IS All cases IRRELEVANT , FRIVOLOUS , VEXATIOUS ETC
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ROYAL BOROUGH OF KINGSTON UPON THAMES 38 STATEMENT OF LICENSING POLICY 2011 - 2014 A42
Matter to be dealt with Full Committee Sub-Committee Officers DETERMINATION OF A POLICE OBJECTION TO A All cases TEMPORARY EVENT NOTICE All Cases APPLICATION FOR A (decision made by the officer appointed in the INOR ARIATION M V Council’s Scheme of Delegations*) Where no relevant APPLICATION BY A representation is If a Police COMMUNITY PREMISES TO received Representation DISAPPLY MANDATORY (decision made by the Received officer appointed in the CONDITIONS Council’s Scheme of Delegations*)
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ROYAL BOROUGH OF KINGSTON UPON THAMES 39 STATEMENT OF LICENSING POLICY 2011 - 2014 B1 APPENDIX B
MALDENS AND COOMBE NEIGHBOURHOOD COMMITTEE
15 JUNE 2011
APPLICATION OF ADDITIONAL LICENCE CONDITIONS RELATING TO THE SALE OF DOGS IN PET SHOP
REPORT BY EXECUTIVE HEAD FOR ENVIRONMENT
SUMMARY
A petition was received by the Council at its meeting on 27 April 2011 calling for the adoption of “stringent licensing conditions for pet shops to ensure that the sale of battery farmed and poorly bred puppies is not sanctioned by council licence.” The Licensing Committee were asked to consider the terms of the petition in more detail and discuss what actions could be taken.
At its meeting on 12 May 2011, the Licensing Committee resolved that certain conditions be recommended to the Neighbourhood Committees for inclusion in the standard list of conditions appended to Pet Shop Licences and attached where sale of puppies/dogs is proposed. As responsibility for the determination of a contested pet shop licence is the responsibility of Neighbourhood Committees, this report outlines the legal position regarding the licensing of pet shops, considers the arguments for and against the adoption of additional conditions in relation to the sale of puppies and provides details of the conditions proposed by the Licensing Committee.
RECOMMENDATIONS
It is RECOMMENDED that Members consider the adoption of the following additional conditions to be applied to pet shop licences, where permission is sought to sell dogs / puppies: • puppies and/or breeding stock must have all relevant health tests recommended by the British Veterinary Association and Kennel Club prior to sale and such tests to be certificated; • all puppies be vaccinated prior to sale and such vaccinations to be certificated; • all puppies be micro chipped prior to sale; • all breeding stock to be DNA profiled prior to sale; • prospective buyers are made aware of where puppy is from prior to sale.
REASON FOR RECOMMENDATIONS
The welfare of animals sold as pets is regulated by the Council under the Pet Animals Act 1951, and the authority is entitled to apply such conditions, within statutory parameters, as it considers necessary to ensure the welfare of any animal kept for sale.
BACKGROUND
1. The Council issues Pet Shop Licences under the provisions of the Pet Animals Act 1951 (hereafter “the Act”). The administration and regulation of this statutory function, including the imposition of licensing conditions, is delegated to the B2
Assistant Head of Environmental Health and is discharged by the Licensing Team in the Environmental Health Service.
2. There are currently six licensed pet shops, of which three are entitled to sell dogs. The Licensing Team is also responsible for licensing dog breeding establishments, under the Breeding of Dogs Act 1973. However, there are currently no such premises licensed in the Borough.
3. The Act sets out a regime to ensure the welfare of any animals offered for sale as pets. Whilst the Licensing Authority is entitled to apply conditions to Pet Shop Licenses, the legislation is prescriptive in the matters for which conditions can be imposed. Conditions can only be applied to ensure that: • animals are kept in appropriate accommodation; • animals have access to food and water; • mammals are not sold at too early an age; • precautions exist to prevent the spread of diseases; and • appropriate steps will be taken in the event of an emergency.
4. In respect of breeding establishments, the same restrictions apply to the type of conditions that can be added to a licence, together with others relating to the exercise of animals, the number of litters each animal can produce and the time between litters.
5. The current conditions attached to pet shops licences are given at Annex 1 . They comprise mainly the model conditions published by the Local Government Association but were reviewed in 2009 following public concerns about “puppy farming” when new conditions (13.4 to 13.7) were included to reflect RSPCA recommendations.
6. The petition asked the Council to adopt more stringent licensing conditions to ensure that the sale of battery farmed and poorly bred puppies do not appear to be sanctioned by council licences and, in particular, the petition requested that licence conditions address:
• local sourcing – puppies should be bought directly from the breeder and no further than 30 miles from the pet shop location • health testing – puppies and /or breeding stock must have all relevant health tests recommended by the British Veterinary Association and Kennel Club • traceability – all puppies be micro chipped before sale, all breeding stock to be DNA profiled, breeders must be open to visits from prospective buyers.
7. With regard to the proposed condition requiring local sourcing, the Licensing Committee considered that a condition requiring puppies to be sourced within 30 miles from the licensed premises was unjustifiable under the Pet Animals Act 1951, and were of the opinion that such a requirement would be unreasonably restrictive to fair trade and challengeable in law.
8. In regard to health testing, Members’ attention is drawn to current licence conditions 6.1 to 6.10, 13.5 and 13.7 of Annex 1 which relate to the welfare of all animals for sale as pets. The Licensing Committee considered that the additional conditions relating to health and disease were justifiable under the Act, and did B3
not impose an unreasonable regulatory burden upon the vendor. The Committee were not persuaded that that existing licence conditions already provided sufficient health checks on puppies sold as pets and were of the opinion that new conditions allowing puppies to be traced to the animal’s breeder would have a positive impact upon animal health, and are therefore justifiable on animal welfare grounds. Current conditions 4.1.1, 13.4, 13.6 already require a degree of traceability, however increasing the requirements to include DNA profile data was considered a reasonable regulatory burden to impose and therefore justifiable.
PROPOSAL
9. The Licensing Committee resolved that the following conditions relating to the health of dogs and puppies should be considered for incorporation on licence conditions: • Puppies and/or breeding stock must have all relevant health tests recommended by the British Veterinary Association and Kennel Club prior to sale and such tests to be certificated; • All puppies be vaccinated prior to sale and such vaccinations to be certificated; • All puppies be micro chipped prior to sale; • All breeding stock to be DNA profiled prior to sale; • Prospective buyers are made aware of where puppy is from prior to sale.
These requirements are transposed for the Committees consideration into appropriate conditions in paragraphs 10 – 14 below.
10. Health Checks : No dog shall be received or kept for sale or breeding unless it is accompanied by a health care certificate, encompassing health checks recommended by the British Veterinary Association and Kennel Club issued by a veterinary surgeon. The original of the health care certificate shall be given to the final purchaser.
11. Vaccinations : All dogs and puppies received and kept for sale by a dealer shall be accompanied by a vaccination certificate issued by a veterinary surgeon which demonstrates that the animal has received the types and stage(s) of vaccination relevant and appropriate to its age. The vaccination certificate must include a description of the dog to which it applies, and must have been issued by a member of the Royal College of Veterinary Surgeons or equivalent body in another country.
12. Traceability : Unless contrary to specific veterinary advice on health or welfare grounds all puppies kept for sale shall be micro chipped so as to facilitate maintenance of contact details of breeders, traders and customers in the event of the animal’s health or welfare.
13. Traceability : The dealer shall not sell any dog unless the contract with the supplier includes a requirement that a DNA profile for both of the parents is provided with any puppy supplied. When selling to the final owner, the holder of the pet shop licence shall provide copies of those profiles to the purchaser.
14. Traceability : Before any dog is sold the purchaser shall be given the contact details for the dog breeder, including contact name, address of the establishment, and where there is one, an e-mail address.
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TIMESCALE
15. The Neighbourhood Committee’s views will be presented for consideration by the Licensing Committee at its meeting on 13 October 2011.
16. Any additional conditions adopted at that meeting will be incorporated into any granted licence for a pet shop, whether granted on application for a new licence, or renewal of an existing licence.
FINANCIAL IMPLICATIONS
17. There is potentially a financial risk to the Council if conditions imposed are challenged in law and judged to be unjustifiable under the Pet Animals Act 1951.
ENVIRONMENTAL IMPLICATIONS
18. There are no environmental implications in relation to this report.
Background papers : held by David Kingstone, Team Leader – Environmental Control, 020 8547 5537, e-mail: [email protected]
• None
Author of report: David Kingstone, Team Leader – Environmental Control
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Annex 1 Existing Pet Shop Licence Conditions
Pet Shop Licence Conditions as at May 2011
1.0 Licence display 1.1 This licence, or a copy of this licence, should be displayed to the public in a prominent position
2.0 Accommodation 2.1 Animals must at all times be kept in accommodation and environment suitable to their species with respect to situation, size, temperature, lighting, ventilation and cleanliness and not exposed to draughts. All accommodation must be kept in good repair. 2.2 If animals are displayed outdoors, they must have protection appropriate to their species. 2.3 Housing must be constructed of non-porous materials or be appropriately treated. 2.4 In order to control the spread of disease and to prevent injury, animals must not be kept in housing in such a way that they can be disturbed by other animals or by the public. 2.5 All livestock for sale must be readily accessible and easy to inspect, with cages so that the floor of the cage is readily visible. 2.6 Accommodation must be cleaned as often as necessary to maintain good hygiene standards. 2.7 Where accommodation is on a tiered system, water, food or other droppings must not be allowed to enter the lower or adjoining housing. 2.8 All accessories provided in the accommodation must be suitable for the species.
3.0 Exercise facilities 3.1 Suitable and sufficient facilities must be available where appropriate. NB For puppies, where required, a covered area of at least 2.46 square metres (26 sq ft) should be provided. Exercise areas should have a minimum height of 1.8 metres (6 ft) to facilitate adequate access by staff for cleaning.
4.0 Register of animals 4.1 A livestock purchase register must be maintained for all livestock. A sales register must be maintained for: 4.1.1 puppies 4.1.2 kittens 4.1.3 psittacines 4.1.4 species contained in the Schedule to the Dangerous Wild Animals Act 1976 (as modified). The register must be provided on demand to an authorised officer.
5.0 Stocking numbers and densities 5.1 The maximum numbers of animals to be stocked on the premise will be governed by the accommodation available, as stated in the stocking density lists detailed in the schedules to these licence conditions. No animal other than those specified in the licence may be stocked without prior written approval from the licensing authority. These stocking densities are provided for guidance and recommendations only. See schedule below
6.0 Health, disease and acclimatisation B6
6.1 All stock for sale must be in good health and free from obvious parasitic infestation as far as can be reasonably determined without veterinary inspection. 6.2 Any sick or injured animal must receive appropriate care and treatment without delay. Inexperienced staff must not treat sick animals unless under appropriately experienced supervision. NB “care and treatment” may include euthanasia but under no circumstances may an animal be euthanized other than in a human and effective manner. In case of doubt, veterinary advice must be sought. 6.3 Facilities must be provided to isolate sick animals. NB for ornamental fish, in-line UV treatment or other sterilising devices effectively provide a means of isolating individual tanks in multiple tank systems. They must be of a proper size and maintained in accordance with the manufacturer’s recommendations. 6.4 Isolation facilities for new arrivals must be provided or alternatively all puppies must be subject to isolation if new puppies are introduced where there are already puppies on the premises. Isolation should last at least 3 days. 6.5 All animals must receive appropriate inoculations where required for the species, as advised by the veterinary surgeon. Veterinary advice must be sought whenever necessary. 6.6 Any animal with an obvious, significant abnormality which would materially affect its quality of life must not be offered for sale. When in doubt, veterinary advice should be sought. 6.7 All animals must be allowed a suitable acclimatisation period before sale. 6.8 All reasonable precautions must be taken to prevent the outbreak and spread of disease. No animal which is suffering from, or could reasonably be suspected of having come into contact with any other animal suffering from, any infectious or contagious disease, or which is infested with parasites, shall be brought into or kept on the premises unless effectively isolated. 6.9 Individual litters of puppies and kittens must be kept separate form other litters. 6.10 All necessary precautions must be taken to prevent harborage, or the introduction to the premises of rodents, insects and other pests.
7.0 Food and drink 7.1 Animals must be supplied with adequate amounts of food and drink, appropriate to their needs and at suitable intervals. 7.2 All food must be suitable for the species concerned. 7.3 Food and drink receptacles must be constructed and positioned to minimise faecal contamination and spillage 7.4 A suitable and sufficient number of receptacles must be provided and cleaned at regular intervals. 7.5 The storage facilities for veterinary products must be kept in a clean condition.
8.0 Food storage 8.1 All food, excluding live foods intended for feeding to livestock on the premises, must be stored in impervious closed containers. 8.2 The containers and equipment used for feeding must be kept in a clean and sound condition.
9.0 Observation 9.1 All livestock must be attended to at regular intervals, at least once daily, appropriate to the species. It is recommended that a system of recording observation is maintained. 9.2 The above includes weekends and bank holidays.
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10.0 Excreta and soiled bedding 10.1 All excreta and soiled bedding must be kept in a hygienic manner and stored in impervious containers with close-fitting lids – away from direct sunlight. 10.2 Excreta and soiled bedding must be removed from the premises on a regular basis, at least weekly disposed of to the satisfaction of the appropriate local authority and in accordance with current regulations and good waste management practice. 10.3 All containers must be kept in a clean condition.
11.0 Transportation 11.1 When animals are brought to or taken from the premises, the licensee must make every effort to ensure that it is transported in a suitable manner. It is recommended to record the registration number of vehicles transporting livestock. 11.2 Any livestock received or consigned shall be transported according t the regulations laid down in current legislation, such as the Welfare of Animals (Transport) Order 2006 and EU Regulation 1/2005 on the protection of animals during transport and related operations. NB for air transportation, the IATA live animals regulations must be followed, as a minimum legal standard. 11.3 Under EU Regulation 1/2005 no puppies or kittens under the age of 8 weeks maybe transported without their mother. NB for air transportation the International Air Transport Association (IATA) live animals regulations must be followed, as a minimum legal standard, as per EU Regulations 2005
12.0 Transportation containers 12.1 Livestock must be transported or handed to purchasers in suitable containers and of appropriate size so as to allow the animal freedom of movement inside the container.
13.0 Sale of livestock 13.1 No mammal shall be sold unweaned or, if weaned, at an age at which it should not have been weaned. 13.2 In the case of non-mammals, they must be capable of feeding themselves. 13.3 No animal or fish shall be sold to a child under the age of 16 years.
13.4 Names and addresses of puppy suppliers must be provided in writing to the Local Authority in January each year. Any amendments, additions etc. must be notified immediately.
13.5 Vaccinations: All dogs and puppies shall only be sold when accompanied by a vaccination certificate issued by a veterinary surgeon which demonstrates that the animal has received the relevant stage(s) of the canine parvovirus vaccination appropriate to its age. The vaccination certificate must include a description of the dog to which it applies, and must have been issued by a member of the Royal College of Veterinary Surgeons or equivalent body in another country.
13.6 Traceability: The country of origin where the puppy was bred, together with the date of the puppy’s delivery to the pet shop and the breeder’s name and address shall be included on paperwork provided with the puppy at sale. The licence holder shall maintain on a register held at the shop detailing this information for each puppy offered for sale.
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13.7 Disease control: Any puppy imported into the UK shall be quarantined for at least seven days prior to it being sold.
14.0 Dangerous wild animals 14.1 When dangerous wild animals are kept, the cages must be of a secure construction, appropriate to the species. A fine wire mesh, glass or plastic safety barrier must be incorporated into the cage system. 14.2 The local authority should be notified in the event that the pet shop wishes to offer for sale, for the first time, any animal on the Schedule to the Dangerous Wild Animals Act. Although it is acknowledged that there is an exemption contained within the Act in relation to pet shops, it is recommended that consideration should be given to complying with any special requirement(s) specified in the Act for the safe accommodation or care of the animal. 14.3 Licensees selling animals on the Schedule to the Dangerous Wild Animals Act should inspect the purchasers licence to keep such an animal and inform the issuing authority of the details of the purchase.
15.0 Pet care advice 15.1 Pet care leaflets or other similar written instructions must be made available to customers free of charge at the time of purchase, in addition to any offer to purchase pet care books or leaflets. 15.2 Purchasers must be given proper advice on the care of the animal and, where necessary, on the maintenance and use of any accessories. 15.3 Appropriate reference materials must always be available for use by staff.
16.0 Staff training and livestock knowledge 16.1 No animal should be stocked or sold unless the staff (or at least one member of the staff) is familiar with the care and welfare of the animals stocked and has a recognised qualification or suitable experience. 16.2 In respect of new applications (not renewals) at least one member of staff working at the licensed premises must hold the City and Guilds Pet Store Management Certificate, or some other appropriate qualification, or must be in the course of training and obtain the qualification within two years of the licence being granted.
16.3 The licensee must formulate a written training policy for all permanent staff and will be required to demonstrate that systematic training is carried out.
17.0 Fire and other emergency precautions 17.1 Suitable emergency precautions and written procedures must exist and be made known to all staff, including arrangements for evacuation of livestock. NB the general maxim of “people first” is good advice 17.2 Entrances and exists must be clear of obstructions at all times. 17.3 Suitable fire fighting equipment must be provided, maintained, regularly services and sited as advised by the local Fire Protection/Prevention Officer and in consultation with the local authority and staff must be aware of the location of equipment, and be able to use it. 17.4 The licensee, or a designated keyholder, must at all times be within reasonable distance of the premises and available to visit the premises in case of emergency. 17.5 A list of keyholders must be lodged with the local police and with the local authority. 17.6 In the interests of animal welfare, the following notice must be displayed at the front of the shop: “In case of an emergency, dial 999”. The number of the local police station should also be displayed. B9
17.7 When pet shops are sited within other premises, the licensee or keyholders must have access at all times to the premises containing the livestock. 17.8 All electrical installations and appliances must be maintained in a safe condition. NB it is strongly recommended that smoke and residual current detectors or other similar devices are installed
18.0 Inspections 18.1 Access for inspections at the licensed premises and animals or fish shall be granted at all reasonable times to a duly authorised officer of the local authority and other who may be called upon by officer for advice.
C1 APPENDIX C
MALDENS AND COOMBE NEIGHBOURHOOD COMMITTEE
15 JUNE 2011
CONSULTATION ON DRAFT POLICY ON THE LICENSING OF SEX ESTATBLISHMENTS
REPORT BY THE EXECUTIVE HEAD FOR ENVIRONMENT
SUMMARY
This report invites Members to comment upon a draft policy on the licensing of sex establishments following adoption of new legislation by the Council at its meeting on 1 March 2011. Member’s comments are also sought on the application and determination process for applications to hold sex establishment licences. The report outlines the consideration process for responses to the public consultation on the policy. The draft policy and application form have been circulated separately to members, and they can also be viewed with the agenda at www.kingston.gov.uk/committeeminutes
RECOMMENDATIONS
It is RECOMMENDED that the Committee:
1. provide initial comments upon the draft policy, application process and determination process;
2. agree to consider responses to the public consultation at the meeting of the Neighbourhood Committee in September in order to provide final comments to the Licensing Committee at their meeting in October.
REASON FOR RECOMMENDATIONS
To provide initial comments on the draft policies, and approve the future determination process.
BACKGROUND
1. The licensing of sex establishments has been undertaken by the Council since the adoption of Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 (hereafter the 1982 Act) in October of that year. The legislation at the time allowed the Council to licence Sex Establishments, defined as being Sex Shops and Sex Cinemas.
2. In April 2010, provisions contained with section 27 of the Policing and Crime Act 2009 came into force, and added a new category of sex establishment, namely Sex Entertainment Venues, to the list of licensable establishments contained within Schedule 3 of the 1982 Act. Sex Entertainment Venues is a wide definition covering a range of entertainments involving the performance or display of nudity including entertainments such as lap dancing, pole dancing, strip shows and similar.
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3. The Council, at its meeting on 1 March 2011 resolved to adopt the provisions of section 27 of the Policing and Crime Act 2009 as they relate to Schedule 3, and in doing so the Council resolved that: • responsibility for determining sex entertainment applications be delegated to Neighbourhood Committees; • responsibility for determining a sex entertainment licensing policy, and the application process, be delegated to the Licensing Committee, (for further delegation of such functions, via policy, as may be necessary to a subcommittee or to the Assistant Head of Environmental Health); and • no policy or application process be adopted until such time as each Neighbourhood Committee has been consulted.
4. At its meeting on 12 May 2011, the Licensing Committee agreed to refer a draft Policy on the Licensing of Sex Establishments (given at Annex 1 ) to Neighbourhoods for consultation, prior to its publication for public consultation.
PROPOSAL
5. The Neighbourhood Committee is invited to consider the draft Policy on the Licensing of Sex Establishments and provide initial comments for inclusion within the public consultation which is scheduled to run from 1 July to 30 September 2011.
6. In particular members are invited not only to provide comments on matters of general policy, but to give particular consideration to:
• THE STANDARD CONDITIONS TO BE APPLIED TO ANY GRANTED LICENCES
In this regard Members are invited to consider whether these conditions are appropriate or sufficient to provide adequate control of the activities offered by licensed establishments.
• THE APPLICATION PROCESS
Members’ attention is drawn to paragraphs 20 to 26 of the draft Policy, which set out certain matters that officers consider form an important part of an application for such a licence, and are largely all items required by the current process.
Members may wish to consider whether these items and any others would be of use when making decisions on these applications. A draft application form is given at Annex 2 .
• THE DETERMINATION PROCESS
A proposed scheme of delegation in relation to applications made in respect of this application is set out at Annex 1 to the Policy document, and Members are invited to consider whether any amendments to this scheme are necessary.
7. To assist deliberations, Members are advised that the Authority is obliged by the legislation to incorporate certain elements in any licensing regime for sex establishments. This includes a requirement for specified information to be provided C3
in an application form, and the need for contested applications to be heard before a committee.
TIMESCALE
8. The draft Policy on the Licensing of Sex Establishments will be published for consultation with relevant authorities, local businesses (particularly those affected) and the wider local community, from 1 July 2011 until the 30 September 2011.
9. The draft policy will be published on the Council’s website (www.kingston.gov.uk/licensing_policy_review ) and letters will be sent to a range of specific consultees, including the police, fire brigade, premises currently providing entertainment of this nature, Licensing Act 2003 licence holders and representatives of resident associations in order to make them aware of the consultation.
10. Given that the licensing of sex establishments is considered on a local basis, by a Neighbourhood committee or sub-committee, it is proposed that a further report is submitted to the Neighbourhood Committee at its September 2011 meeting with details of any responses received in the consultation period thus far.
11. At that time, Members will be invited to consider the responses and provide comments for consideration by the Licensing Committee at its 13 October meeting to agree the final policy and the application and determination processes.
12. In its resolution, the Council specified that the provisions of section 27 of the Policing and Crime Act 2009 as they relate to Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 be adopted to come into effect on 1 April 2012.
FINANCIAL IMPLICATIONS
13. The 1982 Act allows authorities to determine their own reasonable fees for the licensing of sex establishments. As such, it is anticipated that adoption of the new provisions relating to sex establishment licensing will attract a small income
ENVIRONMENTAL IMPLICATIONS
14. The Policy on the Licensing of Sex Establishments sets out the framework within which decisions are made that affect the character of the locality, the use to which any premises is put and the protection of children and young persons from exposure to inappropriate materials.
Background papers : held by David Kingstone, Team Leader – Environmental Control, 020 8547 5537, e-mail: [email protected]
• Sexual Entertainment Venues – Guidance for Local Authorities [Home Office, 03/10]
Author of report: David Kingstone, Team Leader – Environmental Control C4 Annex 1
ROYAL BOROUGH OF KINGSTON UPON THAMES
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LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982
POLICY ON THE LICENSING OF SEX ESTABLISHMENTS
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If you require this document in another language or an alternative format such as large print or audio-tape, please contact the council’s help line on: 020 8547 5757
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CONTENTS
Page GLOSSARY 3 PREFACE 4 PART 1 – INTRODUCTION 6 PURPOSE OF POLICY 7 SCOPE OF POLICY 7 EXEMPTIONS 7 PART 2 – ADMINISTRATION 8 ADVERTISEMNET AND NOTIFICATION OF APPLICATIONS 9 APPLICATION FEES 11 MAKING OBJECTIONS 11 PART 3 – DETERMINATION OF APPLICATIONS 12 THE GROUNDS FOR REFUSAL OF APPLICATIONS 12 MANDATORY GROUNDS 12 DISCRETIONARY GROUNDS 13 FURTHER INFORAMTION ON DISCRETIONARY GROUNDS 13 CONDTIONS 14 DURATION OF LICENCES 14 APPEALS 15 WAIVER 16 FAIR AND EQUITABLE TREATMENT 16 PROMOTION OF EQUALITY ADVICE 17 ANNEX 1 – DELEGATION OF LICENSING FUNCTIONS 18 ANNEX 2 – STANDARD CONDITIONS APPLICABLE TO LICENCES 19 A) GENERAL CONDITIONS APPLICABLE TO ALL PREMISES 19 B) ADDITIONAL CONDITIONS APPLICABLE TO SEX SHOPS 22 C) ADDITIONAL CONDITIONS APPLICABLE TO SEX ENTERTAINMENT 23 VENUES
D) ADDITIONALL CONDITIONS APPLICABLE TO SEX CINEMAS 24
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GLOSSARY
The Council The Royal Borough of Kingston upon Thames
The Appropriate The capacity in which the Council acts when performing its roles and duties Authority set out in the Local Government (Miscellaneous Provisions) Act 1982. This capacity is delegated to officers in certain situations and circumstances detailed in the Policy.
The 1982 Act Local Government (Miscellaneous Provisions) Act 1982
Sex For the purposes of this policy, a category of premises for which a licence is Establishment required under the Act, as set out in Schedule 3 of that Act: Category • Sex Shop • Sex Cinema • Sexual Entertainment Venue
Sex Shop Defined in the Act as any premises, vehicle, vessel or stall used for a business which consists to a significant degree of selling, hiring, exchanging, lending, displaying or demonstrating— (a) sex articles; or (b) other things intended for use in connection with, or for the purpose of stimulating or encouraging— (i) sexual activity; or (ii) acts of force or restraint which are associated with sexual activity.
Sex Cinema Defined in the Act as any premises, vehicle, vessel or stall used to a significant degree for the exhibition of moving pictures, by whatever means produced, which— (a) are concerned primarily with the portrayal of, or primarily deal with or relate to, or are intended to stimulate or encourage— (i) sexual activity; or (ii) acts of force or restraint which are associated with sexual activity; or (iii) are concerned primarily with the portrayal of, or primarily deal with or relate to, genital organs or urinary or excretory functions, but does not include a dwelling-house to which the public is not admitted.
Sexual Defined in the Act as any premises at which relevant entertainment is Entertainment provided before a live audience for the financial gain of the organiser or the Venue entertainer.
Relevant any live performance or any live display of nudity which is of such a nature Entertainment that, ignoring financial gain, it must reasonably be assumed to be provided solely or principally for the purpose of sexually stimulating any member of the audience (whether by verbal or other means).
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ROYAL BOROUGH OF KINGSTON UPON THAMES
LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982
POLICY ON THE LICENSING OF SEX ESTABLISHMENTS
PREFACE
The Royal Borough of Kingston upon Thames lies to the South West of London with a population of around 160,000. The Borough plays a major role as a commercial and employment centre serving a wider catchment of South West London and North East Surrey, in particular through Kingston Town Centre’s role as a major shopping hub and source of night time entertainment.
The Borough is bordered to the West by the River Thames and the County of Surrey to the South, and is neighbour to the London Boroughs of Richmond, Sutton, Merton and Wandsworth. The Borough has a long and rich history as a historic market town, benefitting from royal charters dating back to the 13 th Century. The Borough’s administrative boundary includes the suburban areas of Surbiton, New Malden, Old Malden, Coombe, Tolworth, Chessington and Worcester Park.
In addition to a substantial residential population, the Borough attracts an estimated quarter of a million shoppers every week. Kingston Town Centre provides a range of cultural and entertainment attractions including a cinema, ten pin bowling, theatre, health and fitness clubs, 3 large nightclubs plus smaller clubs, pubs and entertainment venues. The borough also houses a number of leisure centre’s, libraries, a museum, theme park and zoo, university halls of residence and numerous hotels.
The Borough is a significant higher and further education centre with Kingston University and Kingston College both located close to the town centre. The University employs some 1800 academic professional and support staff and has around 17,000 students.
The Council is justifiably proud of the development of the Borough as a whole and, in particular, the facilities that are provided in Kingston Town Centre. The development of the Town Centre has also included increased residential accommodation so as to encourage a mix of activity during the day and at night, and seen the completion of new housing developments fronting the River Thames.
The town centre has a vibrant evening and late night economy with a total capacity of over 15,000, and regularly attracts an average of 10,000 visitors a night, from a wide catchment area.
In exercising its powers under the Local Government (Miscellaneous Provisions) Act 1982 the Appropriate Authority will be particularly mindful of the character of the individual wards and Neighbourhoods that make up the Borough.
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The borough is divided up into four Neighbourhoods, each covering a different part of the Borough. All Councillors from the local area are members of their Neighbourhood Committee, which is usually chaired by a Councillor from the party with most members on the Committee. The Neighbourhoods are responsible for local issues and decisions are made by local Councillors who know the area, in meetings held in local venues, with the involvement of local people.
The Neighbourhood system allows the Council to address different priorities in different part of the Borough, and makes it easier for local people to influence the decisions that affect them. In recognising this, and in developing this policy, the Appropriate Authority has extensively consulted with the Neighbourhood Committees.
In 2010, Kingston town centre became one of the first areas in the country to be awarded a prestigious ‘Purple Flag’ in recognition of the efforts it has made in becoming a safer and more pleasant place to be after dark.
The Council expects and encourages those engaged in operating premises subject to licensing under the Local Government (Miscellaneous Provisions) Act 1982 in to carefully examine how they operate and how what they do may affect residents and businesses.
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PART 1 - INTRODUCTION
1. Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 established a licensing scheme for ‘sex shops’ and ‘sex cinemas’. The Royal Borough of Kingston upon Thames adopted Schedule 3 on 23 rd October 1982 in respect of Sex Shops.
2. The Policing and Crime Act 2009 came into effect in England on 6 th April 2010 and introduced an amendment to the 1982 Act, which had the effect introducing a new category of sex establishment, the ‘sexual entertainment venue’.
3. On 1st March 2011, the Royal Borough of Kingston upon Thames adopted the provisions of The Policing and Crime Act 2009 as they apply to Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982, with effect from 1st April 2012.
4. In doing so, the Council determined that the local authority should agree and publish a policy relating to the licensing of sex establishments.
5. As such, this policy has been approved by the Royal Borough of Kingston upon Thames in accordance with its responsibilities and powers as the Appropriate Authority under Section 3 of the Local Government (Miscellaneous Provisions) Act 1982 [hereafter referred to as “ the1982 Act ”].
6. This Statement of Licensing Policy sets out the arrangements the Appropriate Authority will normally apply and consider in carrying out its licensing functions under the 1982 Act, particularly when making decisions on relevant licence applications.
7. The policy also sets out the Authorities standard conditions that it would apply any granted licence.
8. In determining its policy for this three-year period, the Council has undertaken an extensive consultation process involving in particular its local Neighbourhood Committee’s, a range of relevant authorities and organisations together with the general public and representatives of resident associations. A general consultation period was held between 1st July 2011 and 30 th September 2011, and the Council consulted specifically with:
§ The Council’s Neighbourhood Committees § The Metropolitan Police § Kingston Crime and Disorder Reduction Partnership § London Fire and Emergency Planning Authority § Resident Associations § Current licence holders whose operation is likely to fall within the provisions of the legislation § Representatives of local businesses, Chambers of Commerce & Trade Associations § Kingston Town Centre Management Board § Kingston NHS Trust
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9. This policy will remain in force from 1st March 2012 until the 28 th February 2015. Within this period, the Policy will be subject to annual reviews. The Appropriate Authority will consult on its annual review with the organisations listed in paragraph 2 above, and take into consideration any comments they may have to make regarding the continued suitability of the Policy.
Purpose of the policy
10. The policy sets out:
§ the process under which applications for sex establishment licences can be made and determined § to inform licence applicants, and interested parties, of the parameters under which the Authority will make licence decisions, § outline the conditions to be applied to any granted licence
Scope of the policy
11. The policy relates to all applications for a new licence, to renew an existing licence, to transfers a licence and any application to vary a licence in respect of defined categories of sex establishment.
12. The defined categories of sex establishment to which this policy relates are: § Sex Shop § Sex Cinema § Sexual Entertainment Venue
13. Definitions of each of these categories can be found in Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982, and are summarised in the glossary at the front of this policy.
Exemptions
14. It should be noted that any premises may provide sexual entertainment on eleven occasions within a period of 12 months without a sexual entertainment licence, provided that: § The sexual entertainment does not last for more than 24 hours; and § Sexual entertainment has not been provided at that premises within a period of one month preceding the date of the current entertainment.
15. Premises opting to provide infrequent relevant entertainment under this exemption are reminded that the provisions of the Licensing Act 2003 still apply, and as such premises must ensure that they have obtained the appropriate authorisations under that Act.
16. This exemption does not apply to sex shops or sex cinemas.
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PART 2 - ADMINISTRATION
17. This part of the policy outlines the process by which applications may be made, the ability and right of individuals to comment upon the application and the decision making process.
18. In determining applications the Appropriate Authority may decide to depart from this policy if the individual circumstances of any case merit such a decision. Where this is the case, full reasons for the departure from the policy will be given.
19. While this statement sets out the council’s general approach to the making of licensing decisions, nothing in this statement overrides the right of any person to make an application or make objections to an application. Each application will be considered on its own merits and according to the statutory requirements of the 1982 Act.
APPLICATIONS
20. The following applications are the only permitted applications in respect of Sex Entertainment Licences: § The grant of a new licence; § The renewal of an existing licence § The variation of an existing licence, and § The transfer of a licence
21. Applications will only be accepted if made on the forms supplied by the Council for this purpose, and where appropriate, are accompanied by the full fee and the submission of any supplementary documentation required by the Council’s process. The Authority accepts applications made online using the portal provided for this purpose on the Councils website.
22. Forms must be completed in full or may otherwise be deemed invalid. Forms and details of current fees are available from the Council’s website or by contacting the licensing team (see paragraph 81 for contact details).
23. Where it is the case that the Appropriate Authority requires the submission of information supplementary to the completion of an application form, it does so in order so that it, and the authorities it has designated for this purpose, may determine whether the applicant is fit and proper to hold a licence; that the premises meets requirements of the policy with regard to layout and operation, to ensure relevant health and safety requirements can be met; and to identify whether the premises may impact upon crime and / or disorder.
24. Application requirements for the grant of a new licence
§ Completion of the application form provided by the Council for this purpose
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§ Payment of the current fee § Submission of a plan (at scale of 1:50, 1:100 or 1:250) showing: § the layout of the premises § the location of areas where activities carried out under the licence will be provided (i.e. any shelving, tables, booths, stages, poles etc) § the location of all entrances and exits from the premises, showing clearly those intended for use only as emergency exits § The nature and location of fire safety equipment § A map showing the location of the premises at scale 1:1250 § Drawings showing the proposed elevation, including sign-writing and advertisements, of any external elevation visible to members of the public (slate to be such that drawings are clearly visible on A3 paper). § Proof of public liability insurance and, where appropriate, employers liability insurance.
25. Application requirements for the renewal of a licence
§ Completion of the application form provided by the Council for this purpose § Payment of the current fee § Submission of a plan (at scale of 1:50, 1:100 or 1:250) showing: § the layout of the premises § the location of areas where activities carried out under the licence will be provided (i.e. any shelving, tables, booths, stages, poles etc) § the location of all entrances and exits from the premises, showing clearly those intended for use only as emergency exits § The nature and location of fire safety equipment § Proof of public liability insurance and, where appropriate, employers liability insurance.
26. Application requirements for the variation of a licence
§ Completion of the application form provided by the Council for this purpose § Payment of the current fee § Where the variation relates to changes in the layout or external appearance of the premises, submission of a plan or drawings in the format specified in the requirements of applications for a new licence
ADVERTISEMENT AND NOTIFICATION OF APPLICATIONS
27. With exception of applications for the transfer of a licence, applicants are required to:
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§ Publish a notice, in the format specified by the Council for this purpose, in a local newspaper circulating in the Authorities area no later than 7 days after the date of the application § Display a notice at the premises for which the licence is required for 21 days beginning with the day on which the application is made. Where this is not possible due to the nature or location of the premises, and by agreement with the Licensing Team, a notice may be displayed in a location close to the premises where it can be conveniently read by members of the public.
28. Notices must be displayed in such a manner that they can be clearly read by members of the Public, and for this purpose, must not be displayed behind frosted glass or be obscured by railings, bars or other such matters.
29. Licensing Officers will undertake regular checks on the display of notices, and in situations where these requirements are not met, shall instruct the applicant / licence holder to readvertise their application in the correct manner for a further period of 21 days.
30. Applicants are required to serve a copy of their application on the Chief Officer of Police no later than 7 days after the date the application is made to the Council. The relevant address for the service of a copy of the application on the Police is:
The Licensing Unit Kingston Police Station High Street Kingston upon Thames KT1 1LB
31. Failure by the applicant to comply with any of the consultation arrangements set out above will invalidate the application.
32. Aside from the requirement of the Act for applicants to advertise their application, the Council has determined to undertake further notification of applications received.
33. Properties falling within a 50 metre radius of the boundary of the application premises will be notified in writing of any application for a new, renewal or variation of a licence. Where an applicant’s premises does not front directly onto a public road or footway (i.e. accessed via a private driveway), properties within 50 metres of where the entrance point of the access road meets the public highway will also be notified of the application
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34. The Appropriate Authority will also consult directly with a range of relevant professional bodies, comprising: § The London fire and emergency planning authority; § Trading standards; § Planning; § Health and Safety enforcing authority § Pollution control officers
APPLICATION FEES
35. The current fees applicable to applications made under the 1982 Act are available on the Council’s web site or from the Council’s licensing team.
36. In setting the levels of fee chargeable upon application this council has had regard to requirements of the EU Services Directive, and as such are non- discriminatory, justified, proportionate, and transparent.
37. F ee calculations have been in consideration of the work involved in administering and enforcing the licensing regime. ,
MAKING OBJECTIONS
38. Any person is entitled to object to any application for a new, renewal or variation of a licence. Only the police may object to applications for the transfer of a licence, and may only do so on the basis of the Mandatory Grounds outlined at paragraph 47, or discretionary grounds (a) and (b) given at paragraph 49 below.
39. Objections must be made in writing (including email and via the Council online portal), within 28 days from the date the application is made to the Appropriate Authority. Objections must state the name and full address of the person making the objection.
40. Objections will only be accepted on the basis that they relate to one or more of the grounds set out in paragraph 47 or 49 below, those being the grounds on which a licence may be refused.
41. Where an objection is made by a representative body, the objection must be accompanied by evidence that the objection has been formally authorised by the body concerned. (i.e. the minutes of a meeting at which the objection was agreed).
42. Where petitions are submitted, the name and full contact details of the person organising the petition (“lead petitioner”) must be provided. This person will be considered responsible for notifying all signatories of the progress of the application, and the details of any sub-committee hearing. Lead petitioners are reminded that each page of the petition must be headed with the purpose and grounds of the petition and the date the petition was collected, and that each
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signatory must provide their name and address, or will otherwise be disregarded.
43. Objectors should note that, without their prior written consent, p ersonal details, other than their name (and if appropriate the body they represent), will not be revealed to the applicant. Personal details will however be made available to members of the committee formed to determine the application.
PART 3 – DETERMINATION OF APPLICATIONS
44. Applications will be determined by the Neighbourhood Committee (or Sub- committee) for the area in which the premises is situated, and / or officers in accordance with the Schedule of Delegations outlined at Annex 1.
45. In the event that relevant objections are received in respect of an application, a public hearing of the Neighbourhood Committee (or a sub-committee thereof) within which the premises is located will be held in order to determine the application. The procedure followed at the hearing is available from the licensing team.
THE GROUNDS FOR REFUSAL OF AN APPLICATION
46. The 1982 Act provides the grounds under which an application can be refused. These grounds are divided into those that are mandatory, and those that are discretionary.
MANDATORY GROUNDS
47. The Appropriate Authority must refuse to grant or transfer a licence to:
(a) A person under the age of 18; (b) A person who is for the time being disqualified from holding a licence; (c) A person who is not resident in the United Kingdom or was not so resident throughout the period of 6 months immediately preceding the date upon which the application was made; (d) A body corporate which is not incorporated in the United Kingdom; (e) A person who has, within the period of 12 months immediately preceding the date upon which the application was made, been refused the grant or renewal of a licence for the premises, vehicle, vessel or stall in respect of which the application is made, unless the refusal has been reversed on appeal.
48. All applications made will be tested against these criteria on receipt, will be automatically rejected if it is identified that one or more of the tests are failed.
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DISCRETIONARY GROUNDS
49. The following grounds, which are outlined in the 1982 Act, are those upon which the Council will base decisions to refuse an application for the grant, renewal or transfer of a licence :
(a) That the applicant is unsuitable the licence by reason of having been convicted of an offence or for any other reason; (b) That if the licence were to be granted or renewed, the business to which it relates would be managed by or carried on for the benefit of a person, other than the applicant, who would be refused the grant, renewal or transfer of such a licence if he made the application himself; (c) That the number of sex establishments in the relevant locality that the application is made is equal to or exceeds the number which the council considers is appropriate for that locality; and (d) That the grant or renewal of the licence would be inappropriate having regard to: - i) The character of the relevant locality; ii) The use to which any premises in the vicinity are put; or iii) The layout, character or condition of the premises, vehicle, vessel or stall in respect of which the application is made.
FURTHER INFORAMTION ON DISCRETIONARY GROUNDS
GROUND (a)
50. Where the applicant is not a body corporate, the Appropriate Authority will rely upon evidence from the Police on the suitability that applicant to hold a sex establishment licence
GROUND (b)
51. Applicants will be required in their application to declare the name of the manager of the premises and whether any part of the profits of the business to which the premises are owned / managed are shared with other parties, be they bodies corporate, incorporate or individuals.
52. In doing so, and in where such parties are individuals, the application form will request the provision of sufficient information to enable a criminal record check be undertaken by the police. Applicants are advised to provide additional information in support of their application in order to satisfy the Authority that their application should not be rejected on the basis of this ground.
GROUND (c)
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53. The Appropriate Authority has not determined the number of sex establishments which it considers is appropriate in any given locality, preferring instead to make a determination on a case by case basis and in consideration of any objections.
54. The Appropriate Authority considers that locality should not be a predefined area, but be subject to consideration in respect of each case. In doing so, the authority will primarily, but not exclusively, consider the locality to be the area which, it could reasonably be said, will be or is or likely to be affected by the presence of a sex establishment within it.
55. Furthermore, in making this consideration, the category of sex establishment it is proposed to be provided may also be taken into conclusion, together with other such matters as may be considered appropriate in response to objections, or otherwise by the determining committee.
GROUND (d)
56. The Appropriate Authority does not propose to determine specific policy in relation to what may be considered inappropriate, and therefore form reason to refuse a licence under this ground, applicants will wish to be aware that:
57. The definition of the terms ‘close’ and ‘near’ are purposefully not defined in this policy and will be subject to determination on a case by case basis, having regard to any objections received.
CONDITIONS
58. The Appropriate Authority has adopted a set of standard conditions relating to sex entertainment premises, together with specific conditions relating to certain categories of establishment.
59. A copy of these conditions is given at Annex 2 to this policy.
60. The authority welcomes commitments made by applicants to accept additional conditions in the event that licence was granted, and encourages applicants to consider this option prior to the submission of their application.
DURATION OF LICENCES
61. Where licences for sex establishments are granted, they will be valid for a period of one calendar year. Applications for the renewal of licence will only be accepted if made within the last two calendar months of the present licences period of validity.
62. The Appropriate Authority is empowered by the 1982 Act to revoke a licence at any time during the licence period. Revocation will be considered in the event
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that the Authority becomes aware that there may be grounds under which any new or renewal application for the same premises would be refused in respect of the mandatory or discretionary grounds.
63. Whilst the Authority is able to consider revocation without request from another party, it will also consider whether revocation of a licence may be necessary following receipt of a written request by any party, where that request provides relevant reasons as to why it should be so considered.
64. A decision to revoke will be made at a public hearing of the Neighbourhood Committee (or Sub-committee), and only after the licence holder has been given opportunity to make representation.
APPEALS
65. The right of appeal is restricted in the case of applications made under the 1982 Act.
66. There is no right of appeal to the magistrates’ court in respect of decisions to refuse an application where the decision is made: § in respect of mandatory grounds (unless an applicant can prove the appropriate ground of refusal does not apply to them) § in respect of discretionary grounds (c) and (d), set out in paragraph 49 above .
67. In these circumstances, the only remedy available to the applicant is that of Judicial Review.
68. There are however grounds of appeal against any decision to refuse that is based upon discretionary grounds (a) or (b), or against the imposition of any conditions applied to a licence.
69. Any appeal must be made to the Magistrates Court within 21 days from the date on which the person is notified of the decision or became aware of the condition.
70. Where an appeal is lodged against refusal to renew or for revocation, the licence remains in force until such time as the appeal is determined. Where an appeal is lodged against conditions applied to a licence, the conditions are deemed not to apply until the determination or abandonment of the appeal.
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WAIVER
71. The Appropriate Authority can issue a waiver notice, negating the requirement for a licence under the Act, where it considers it to be unreasonable or inappropriate to require such a licence.
72. The type of reasons for which premises that may be granted a waiver will depend on the individual circumstances relating to each application, and will be determined by Neighbourhood Committee (or Sub-committee thereof).
73. Applications for a waiver must be made in writing, and must state the reasons why the applicant feels the granting of a sex establishment licence would be unreasonable or inappropriate.
74. The Authority will not grant waivers in order to accommodate late applicants where an application for a licence could have been made in advance.
FAIR AND EQUITABLE TREATMENT
75. Nothing in this statement of policy will:
§ Undermine the rights of any person to have his/her application considered on its individual merits and in accordance with the rules of natural justice and the European Convention on Human Rights.
§ Negate the right of any person to make an objection in respect of any application, or to seek the revocation of any licence, and for those objections to be properly considered in accordance with the rules of natural justice and the European Convention on Human Rights.
PROMOTION OF EQUALITY
76. The Council recognises its obligation under equality legislation covering race, disability, gender, age, sexual orientation and religion or beliefs. The Authority therefore ensures that its functions under the Local Government (Miscellaneous Provisions) Act 1982 are therefore operated accordingly.
77. The Authority considers that access to licensed sex establishments should not be denied to anyone who may be disabled. The Authority expects all proprietors of licensed premises to give due consideration to the needs and requirements of access to licensed premises by disabled or less mobile customers, and to make adequate arrangements to ensure their operations are inclusive.
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ROYAL BOROUGH OF KINGSTON UPON THAMES 16 POLICY ON THE LICENSING OF SEX ESTABLISHMENTS C20
ADVICE
78. Officers from the Licensing Team are available to give advice to any person on technical matters of the legislation, including the procedures for making objections and making applications.
79. It should however be noted that the Licensing Team must at all times remain impartial in the advice it provides, and as such officers will be unable to advise on the likely success or otherwise of any application or objection.
80. Anyone requiring advice on the licensing process, should contact:
The Licensing Team, Environmental Health & Trading Standards Service Royal Borough of Kingston upon Thames Guildhall 2 Kingston upon Thames KTI 1EU
Telephone: 020 8547 5079 or 020 8547 5078 Fax: 020 8547 5515 E-mail: [email protected] Website: www.kingston.gov.uk/licensing
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ROYAL BOROUGH OF KINGSTON UPON THAMES 17 POLICY ON THE LICENSING OF SEX ESTABLISHMENTS C21
ANNEX 1 DELEGATION OF LICENSING DECISIONS
Neighbourhood Licensing Committee (or Officers Matter to be dealt with Committee sub-committee) In all cases & ADOPTION OF A POLICY only after ON THE LICENSING OF consultation with SEX ESTABLISHMENTS Neighbourhoods
APPLICATION FOR GRANT If objections are If no objections are OF A SEX received received ESTABLISHMENT LICENCE
APPLICATION FOR If objections are If no objections are RENEWAL OF A SEX received received ESTABLISHMENT LICENCE
APPLICATION FOR If objections are If no objections are VARIATION OF A SEX received received ESTABLISHMENT LICENCE
APPLICATION FOR If objections are If no objections are TRANSFER OF A SEX received received ESTABLISHMENT LICENCE
APPLICATION FOR A In all cases WAIVER
TO REFUSE TO GRANT A LICENCE WHEN In all cases MANDATORY GROUNDS APPLY
TO REVOKE A LICENCE In all cases
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ROYAL BOROUGH OF KINGSTON UPON THAMES 18 POLICY ON THE LICENSING OF SEX ESTABLISHMENTS C22
ANNEX 2
STANDARD CONDITIONS APPLICABLE TO LICENCES
A) GENERAL CONDITIONS APPLICABLE TO ALL PREMISES
Hours of opening
1. Except with advance written consent of the Appropriate Authority, the premises shall not be open on Sundays, any Bank holidays or any public holidays.
Conduct and Management of Sex Establishment
2. Where the licence holder is a body corporate, or an unincorporated body, any change of director, company secretary or other person responsible for the management of the body is to be notified in writing to the Appropriate Authority within 14 days of such change. The licence holder shall furnish the Appropriate Authority with such details as the Council may require in respect of any new director, secretary or manager within 14 days of a request made in writing by the Authority.
3. The name of the person responsible for the management of the sex establishment, being someone previously notified to the Appropriate Authority in writing, shall be prominently displayed within the premises throughout the period during which he is responsible for the conduct of the premises.
4. The licence holder shall maintain register in which he shall record the name and addresses of any person employed in the premises, together with details of the dates of their employment and dates worked. The register is to held on the premises and be available for inspection by the police and authorised officers of the Council on request.
5. The licence holder shall retain control over all portions of the premises and shall not let, licence or part with possession of any part of the premises.
6. The licence holder shall take such steps are necessary to maintain good order in the premises.
7. No person under the age of 18 shall be admitted to the premises or shall be employed in the business of the establishment.
8. The licence holder shall ensure that the public are not admitted to any part or parts of the premises other than to those which have been approved by the Council, and are so marked on a plan of the layout of the premises appended to this licence.
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ROYAL BOROUGH OF KINGSTON UPON THAMES 19 POLICY ON THE LICENSING OF SEX ESTABLISHMENTS C23
9. The licence holder shall ensure that no employee or other person shall seek to obtain custom for the sex establishment by means of personal solicitation outside or in the vicinity of the premises.
External appearance
10. No display advertisement or any matter or writing shall be exhibited so as to be visible from outside the premises expect: -
11. Any notice required to be displayed by law, by these Regulations or by any condition of any licence granted by the Council.
12. Such display advertisement matter or writing as shall have been approved by the Council.
13. The windows and openings to the premises, shall be of a material or covered with a material which will render the interior of the premises invisible to passersby.
State, condition and layout of premises
14. The premises shall be maintained in good repair and condition.
15. Lighting in all parts of the premises as approved by the Council shall be in operation continuously during the whole of the time that the premises are open to the public.
16. The number, size and position of all doors or openings provided for the purposes’ of the ingress and egress of the public shall be approved by the Council and shall comply with the following requirements: -
17. All such doors or openings approved by the Council shall be clearly indicated on the inside by the word ‘exit’.
18. Doors and openings other than exits which lead to parts of the premises to which the public are not permitted to have access shall have notices placed over them marked ‘private’
19. No access shall be permitted through the premises to any other premises adjoining to adjacent expect in the case of emergency.
20. The external doors to the premises shall be fitted with a device to provide for their automatic closure, and such devices shall be maintained in a good working order.
21. The licence holder shall make provision in the means of access both to and within the premises for the needs of members of the public visiting the premises are disabled.
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ROYAL BOROUGH OF KINGSTON UPON THAMES 20 POLICY ON THE LICENSING OF SEX ESTABLISHMENTS C24
22. All parts of the premises shall be kept in a clean and wholesome condition to the satisfaction of the Council.
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ROYAL BOROUGH OF KINGSTON UPON THAMES 21 POLICY ON THE LICENSING OF SEX ESTABLISHMENTS C25
Safety
23. The licence holder shall take all reasonable precautions for the safety of the public and employees.
24. The licence holder shall comply with any fire prevention and safety measures that may be required of him by the Council or the London Fire Brigade.
25. The premises shall be provided with such fire appliances as are identified as being required by a fire risk assessment.
B) ADDITIONAL CONDITIONS APPLICABLE TO SEX SHOPS
26. The sex shop shall be conducted primarily for the purpose of the sale of goods by retail.
27. No change of use of any portion of the premises from that approved by the Council shall be made until the consent of the Council has been obtained thereto.
Goods available
28. All sex articles and other things displayed within the premises shall be clearly marked to show to persons who are inside the premises the respective prices being charges.
29. All printed matter offered for sale, hire, exchange or loan shall be available for inspection prior to purchase and a notice to this effect is to be prominently displayed within the premises.
30. On an external facing surface of an inner door there shall be displayed a notice in accordance with the requirements of the Indecent Displays (Control) Act 1981 “WARNING Persons passing beyond this notice will find material or activities on display which they may consider indecent. No admittance to persons under 18 years of age”.
31. The Licence holder shall ensure that the public are not admitted to any part or parts of the Premises other than those which have been approved by the Council;
32. No moving picture or display of recorded sound of any description or however provided shall be permitted on the licensed premises except for a period of not more than five minutes for the sole purpose of demonstrating to a prospective purchaser or hirer of the condition of the article in question. Any such display shall be in a booth to which there shall only be permitted the prospective purchaser or hirer and any one person employed by the Licensee to sell or hire such articles.
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ROYAL BOROUGH OF KINGSTON UPON THAMES 22 POLICY ON THE LICENSING OF SEX ESTABLISHMENTS C26
33. The Licensee shall not make any charge or permit any charge to be made for such a display;
34. The Licensee shall make such provision for the reception of goods and articles for sale, hire, exchange, loan, demonstration or display on the premises so that they are received directly into the premises and not subject to storage, for any period of time, on any pavement, footpath, forecourt, garden or yard.
35. A record shall be kept of all mail order transactions (if any) in such form as agreed by the Council;
36. The Licensee shall forthwith notify the Council of his ceasing to carry on the business;
C) CONDITIONS APPLICABLE TO SEXUAL ENTERTAINMENT PRMEISES
37. On days where entertainment is by way of striptease, only persons employed directly by the licence holder, or employed through an agency with whom the licence holder holds a contract for the provision of dancers, shall be permitted to perform striptease.
38. All striptease performers shall be provided with a copy of the premises ‘house rules’ and / or performers code of conduct prior to the commencement of their first performance on any day.
39. Striptease shall only be performed in the area of the club as marked on the plan of the layout of the premises appended to the licence.
40. There shall be no physical contact between customer(s) and the striptease performer except for the placing of money, or items of money’s worth, either § in a garter belt affixed to the performers thigh, § or from the customer's hand to the hand of the performer at the beginning or at the conclusion of the performance.
41. A notice, of at least A4 in size, stating that there shall be no physical contact between customers and the striptease performer shall be clearly displayed at each customer's table, on any podium / stage (positioned so as to be facing the customer) and at the entrance to the premises.
42. On any day when striptease performances are taking place, no performer shall dance with or towards any other performer, and shall make no physical contact with another performer.
43. Striptease performers shall to remain standing during a performance of striptease
44. Striptease performers shall re-clothe at the conclusion of a performance and are to remain clothed whilst acting in the capacity of host or hostess. For the purposes of this condition the dressing in underwear alone is considered to be clothing.
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ROYAL BOROUGH OF KINGSTON UPON THAMES 23 POLICY ON THE LICENSING OF SEX ESTABLISHMENTS C27
45. Striptease performers are to remain a minimum distance on one metre from customers whilst performing striptease.
46. A minimum of
47. All door supervisors shall be provided with a copy of the premises ‘house rules’ and / or performers code of conduct at the commencement of their shift, and shall be empowered to ensure that the house rules are complied with.
48. The licence holder is to ensure that prior to employment, all performers provide documents proving that they are over 18 years of age and that they are legally entitled to work in the U.K. A copy of all such documents shall be retained securely on the premises until 6 months after the performer ceases employment. This applies to all performers, including those provided by an agency. All records are to be made available to the authorised officers of the council, police or other enforcement organisation upon request
49. The whole of the venue, excluding performers changing areas and toilets, is to be monitored by CCTV. This system to be installed maintained and operated as agreed with a Police crime prevention officer. The recordings are to be retained for a period of 31 days and recordings are to be made available to authorised officers upon request.
D) CONDITIONS APPLICABLE TO SEX CINEMAS
50. No Sex Articles nor other items intended for use in connection with, or the purpose of stimulating or encouraging sexual activity shall be displayed, sold, hired, exchanged, loaned or demonstrated in a Sex Cinema;
51. The Licence Holder shall not supply or permit to be supplied to any person, other than a person employed to work on the premises, any article of food or drink whether for consumption on or off the premises;
52. No fastenings of any description shall be fitted upon any booth or cubicle within the Sex Establishment, nor shall more than one person (including any employee) be present in any such booth or cubicle at any time;
53. No film or video film shall be exhibited, sold or supplied unless it has been passed by the British Board of Film Classification and bears a certificate to that effect, and is a reproduction authorised by the owner of the copyright of the film or video film so certified. Any such film or video film shall comply with the Video Recordings Act 1984;
54. The Licence Holder shall make such provision for the reception of goods and articles for sale, hire or display on the premises so that they are received directly into the premises and not subject to storage for any period of time on any pavement, footpath, forecourt or yard;
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ROYAL BOROUGH OF KINGSTON UPON THAMES 24 POLICY ON THE LICENSING OF SEX ESTABLISHMENTS C28
55. The wording “ADULT CINEMA” but no other indication as to the nature of the business carried on at the licensed premises shall be displayed outside the premises.
56. The Licence Holder shall ensure that the public are not admitted to any part or parts of the Premises other than those which have been approved by the Council and are shown on the plan of the layout of the premises appended to this licence.
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ROYAL BOROUGH OF KINGSTON UPON THAMES 25 POLICY ON THE LICENSING OF SEX ESTABLISHMENTS C29 LONDON LOCAL AUTHORITES ACT 1991 & 2000
APPLICATION FOR A SEX ESTABLISHMENT LICENCE
SECTION A: DETAILS OF PREMISES TO BE LICENSED
1. Trading Name and address of premises to be licensed:
2. Managers name :
3. Application applied for: LICENCE TYPE Sex Shop Sex Cinema Sexual Entertainment Venue APPLICATION TYPE Existing licence number NEW RENEWAL (if applicable) SECTION B: APPLICANT DETAILS 4. Title & full name of applicant / Limited Company name:
5. Under what name are (or will) the premises be known?
6. If a company, please provide a named point of contact for this application:
7. Telephone Number:
8. Email address
SECTION B1 – FOR APPLICATIONS BY INDIVIDUALS Applicant date of birth: Place of birth: SECTION B2 – FOR APPLICATIONS BY CORPORATE BODIES OR BY AN UNINCORPORATED COMPANY 9. Country in which company incorporated 10. Company / Registered Number:
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C30 11. Please complete details of the company secretary, the Directors and / or any person involved in the management of the company: POSITION NAME (including any former names) HOME ADDRESS
SECTION C: OPERATION OF THE PREMISES
12. If the application is for a licence for a sex shop, state whether any part of the premises is to be used for the purposes of displaying films, video recordings or other moving pictures. If “yes” state whether cubicles are to be used for viewing and if so how many? 13. Describe the means taken to prevent the interior of the premises being visible to passers-by? 14. Proposed opening times: FROM TO MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY SUNDAY
SEASONAL VARIANCES
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DECLARATION C31
§ I enclose 2 copies of a plan of the premises (at scale of 1:50, 1:100 or 1:250) showing: § the layout of the premises § the location of areas where activities carried out under the licence will be provided (i.e. any shelving, tables, booths, stages, poles etc) § the location of all entrances and exits from the premises, showing clearly those intended for use only as emergency exits § The nature and location of fire safety equipment
§ I enclose drawings showing the proposed elevation, including sign-writing and advertisements, of any external elevation visible to members of the public [scale to be such that drawings are clearly visible on A3 paper].
§ I enclose a map showing the location of the premises at scale 1:1250
§ I enclose a current copy of my [Employers liability insurance] and [Public liability insurance] *delete as applicable
§ I understand that I must now advertise my application on the window of the premises using the form provided by the Council, for a period of 21 days beginning with the day after submission of my application to the Council.
§ I understand that I must also publish a notice, in the format specified by the Council for this purpose, in a local newspaper circulating in the Authorities area no later than 7 days after the date of the application
§ I enclose the fee of: £
§ I understand that if I do not comply with all of the above requirements, my application will be rejected
§ I confirm the information given above is true and complete in every respect, and I understand any statement made by me which I know to be false in any material respect could result in my application being refused.
Name:______Designation: ______
Signature:______Date: ______
Address for the submission of completed application forms:
The Licensing Team Environmental Health & Trading Standards Guildhall 2 High Street Kingston upon Thames KT1 1EU
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D1 APPENDIX D
MALDENS AND COOMBE NEIGHBOURHOOD COMMITTEE
15 JUNE 2011
REVIEW OF THE PLANNING OBLIGATIONS SPD
REPORT BY THE INTERIM HEAD OF PLANNING
SUMMARY
In March 2010, the Executive adopted the Planning Obligations Supplementary Planning Document (SPD) which sets out the Council’s Strategy on Planning Obligations (S106). This document has been reviewed for the following reasons: revised regulations have been introduced governing planning obligations, the replacement London Plan is nearing adoption and further work has been completed on the Local Development Framework (LDF) Core Strategy, its evidence base and supporting Borough Infrastructure Plan, which underpin the Planning Obligations Strategy. The revised SPD document will be circulated separately to members, and with the agenda on the website at www.kingston.gov.uk/committeeminutes .
RECOMMENDATION
It is RECOMMENDED that the Committee provide comments on the draft revised Planning Obligations SPD so that they can be taken into account in finalising the SPD for adoption by the Place and Sustainability Committee in September 2011.
REASON FOR THE RECOMMENDATION
To give members the opportunity to comment on the draft revised SPD as part of the consultation process.
BACKGROUND
1. Local planning authorities can grant planning permission subject to conditions and, where appropriate, planning obligations, which are legal agreements made pursuant to Section 106 of the Town and Country Planning Act 1990.
2. Planning obligations are a means of securing measures to make a development proposal acceptable in planning terms and accord with local, regional and national planning policies. They are used to mitigate the impact of development proposals that cannot be secured by planning conditions, for example outside the boundary of the planning application site. They can prescribe the nature of development to comply with planning policy (e.g. by requiring that a given proportion of housing is affordable); secure financial contributions or works to mitigate a development’s impact (e.g. transport improvements or the provision of additional school places), require commitments (e.g. to travel plans or car park management plans) or land transfers (e.g. for highway/access improvements).
3. In March 2010, following public and stakeholder consultation, the Executive adopted the Planning Obligations Supplementary Planning Document (SPD) that set out the Council’s strategy on Planning Obligations. This SPD has been reviewed D2
and revised for the following reasons: revised regulations governing Planning Obligations were introduced in the 2010 and 2011 Community Infrastructure Levy (CIL) Regulations and place restrictions on the use of planning obligations, the replacement London Plan and its supporting policies are nearing adoption and work has been completed on the Local Development Framework (LDF) Core Strategy, its evidence base and supporting Infrastructure Delivery Plan for the borough.
PROPOSAL
4. Population and housing growth place significant additional demands on a range of infrastructure provision including schools, open spaces, transport, community and healthcare facilities and utilities. New development is expected to contribute towards these additional demands for community infrastructure through this revised Planning Obligations SPD, in line with revised legislation, supported by development plan policies, their evidence base and the Infrastructure Delivery Plan.
5. The revised draft SPD sets out details of the kinds of planning applications that will require planning obligations in the form of financial contributions towards infrastructure, their policy justification, evidence base, qualifying thresholds, proposed level of contributions and in broad terms how monies will be spent within local areas. Where possible, standard charges are set to provide clarity and help ensure that obligations are related in scale and kind to the proposed development.
6. The revised SPD sets out the policy context for planning obligations and splits community infrastructure into four categories covering: 1. Affordable Housing 2. Sustainable Place: Community • Education facilities/school places • Health and social care facilities • Leisure/culture/community facilities • Community safety and visitor management • Employment development, training and business support 3. Sustainable Travel • Highway and access improvements • Sustainable travel measures/travel awareness • Travel Plans, Delivery and Servicing Plans and Monitoring 4. Sustainable Environment • Public open space, play facilities, biodiversity and public realm • Sustainable construction/climate change mitigation • District Heating Network The SPD at Annexes 1 and 2 provides schedules summarising the proposed planning contributions. The final section of the SPD sets out procedures for managing and monitoring planning obligations.
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7. Consultation on this draft revised Planning Obligations SPD will take place for six weeks from 6 June to 16 July 2011 and includes the Neighbourhood and the Development Control Committees. The consultation responses will be reported to the Place and Sustainability Strategic Committee on 8 September, with the finalised Planning Obligations SPD for adoption.
COMMUNITY INFRASTRUCTURE LEVY
8. From 2014 onwards, the CIL Regulations further restrict the use of planning obligations and limit their use to affordable housing provision and on-site works. Contributions for off-site infrastructure will have to be made through a Community Infrastructure Levy, which will be a charge per square metre on new development.
9. Preparatory work on the introduction of a Community Infrastructure Levy (CIL) in RBK is planned to commence in September 2011, after this revised SPD is adopted. The formal process to introduce CIL takes about a year including two rounds of consultation and an Examination in Public by an Inspector. This will start in Spring 2012 after the Core Strategy is adopted, with CIL programmed to be introduced in RBK in Autumn 2013.
MAYORAL COMMUNITY INFRASTRUCTURE LEVY
10. The Mayor of London commenced the formal process to introduce a Mayoral Community Infrastructure Levy (MCIL) in January 2011 to raise £300 million by 2019 towards Crossrail. The proposed level of MCIL for RBK as set out in the Mayor’s preliminary Charging Schedule is £35 per square metre. This would be levied on most new development comprising more than 100 square metres and all new dwellings irrespective of their size. The Council has objected to this level of MCIL for RBK. The next stage is publication of the draft MCIL Charging Schedule and an Examination in Public later this year. Subject to due process the MCIL could be introduced from April 2012 and would be administered and collected by the London boroughs and then handed over to the Mayor of London.
FINANCIAL IMPLICATIONS
11. The SPD aims to increase financial contributions from new development towards community infrastructure.
ENVIRONMENTAL IMPLICATIONS
12. New development can have significant environmental implications. Planning obligations are a means of securing measures that can help mitigate adverse impacts of developments on local areas. The revised SPD includes a section on Sustainable Place: Environment that sets out requirements for the provision of open space, play, biodiversity, public realm improvements and sustainable design and construction to help mitigate the impact of climate change.
NETWORK IMPLICATIONS
13. This report has no direct network implications. However, the SPD recognizes that new development can have significant impact on the Borough’s highway and/or transportation networks and that a legitimate use of planning obligations is to secure measures, through contributions or works, to mitigate such adverse impacts. D4
Background papers : held by Pat Loxton (author of the report) – 020 8547 5420, e-mail: [email protected]
Circular 05/2005 Planning Obligations; Community Infrastructure Regulations 2010 and 2011; Planning Obligations SPD March 2010. D5
Royal Borough of Kingston upon Thames
Local Development Framework
Planning Obligations Strategy
Draft Revised Supplementary Planning Document for consultation
June 2011
Place and Regeneration: Planning
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Background and Consultation
In March 2010, following public and stakeholder consultation, the Executive adopted the Planning Obligations Supplementary Planning Document (SPD). This document has been reviewed and revised for the following reasons: revised regulations governing Planning Obligations were introduced in the April 2010 and 2011 Community Infrastructure Levy Regulations, further work has been completed on the Local Development Framework (LDF) Core Strategy, its supporting evidence base and the Infrastructure Delivery Plan.
Consultation on this draft revised Planning Obligations SPD will take place for six weeks from 6 June to 18 July 2011. The Council’s Neighbourhood and the Development Control Committees will be consulted as part of the consultation. The consultation responses will be reported to the Place and Sustainability Strategic Committee on 8 th September, together with the finalised Planning Obligations SPD for adoption.
Preparatory work on the introduction of a Community Infrastructure Levy (CIL) in RBK to help fund new infrastructure will commence in Autumn 2011. From April 2014, CIL will replace planning obligations as a means of funding all off site community infrastructure, including additional school places, transport and environmental improvements required in connection with new development and consequent population growth. Planning obligations will be restricted under the CIL Regulations to affordable housing and on-site works. The formal process to introduce CIL is planned to start after the Core Strategy is adopted in Spring 2012. It involves two rounds of consultation and an Examination in Public by an Inspector and will take about a year. On this basis CIL could be introduced in RBK in Autumn 2013.
The Mayor of London commenced the formal process to introduce a Mayoral Community Infrastructure Levy (MCIL) in January 2011 to raise £300 million by 2019 towards Crossrail. The proposed level of MCIL for RBK as set out in the Mayor’s preliminary Charging Schedule is £35 per square metre. This would be levied on most development comprising more than 100 square metres and all new dwellings irrespective of their size. The next stage is publication of the draft MCIL Charging Schedule and an Examination in Public later this year. Subject to due process the MCIL could be introduced from April 2012. It would be administered and collected by the London boroughs and then handed over to the Mayor of London.
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Contents
Page No.
1. Introduction 4
2. Policy Context 5 • National • London Plan • Local RBK
3. Use of Planning Obligations for Community Infrastructure 7 • Affordable Housing Provision 9 • Sustainable Place: Community 11 o Education facilities/school places 11 o Health and social care facilities 14 o Leisure/culture/community facilities 16 o Community safety and visitor management 17 o Employment development, training and business support 19 • Sustainable Place: Travel 20 o Highways, sustainable travel measures/travel awareness 20 o Travel Plans, Delivery and Servicing Plans and Monitoring 22 • Sustainable Place: Environment 23 o Public open space, play facilities, biodiversity and public realm 23 o Sustainable construction/climate change mitigation or adaptation 26 o District Heating Network 28
4. Procedures including Management and Monitoring Fees 30
Appendices Appendix 1: Summary Planning Obligations Matrix Appendix 2: Summary Schedule of Planning Obligations Appendix 3: Healthcare facilities Figure 22 from the LDF Core Strategy Appendix 4: LIP2 Neighbourhood Delivery Plan Actions Plans and Schedules, plan of car club bays and Rights of Way Improvement Plan Appendix 5: Open space deficiencies Appendix 6: District Heating Networks Plans for Kingston and Tolworth Appendix 7: Worked examples Appendix 8: Standard Forms of Unilateral Undertaking / Planning Agreement
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1. INTRODUCTION – What are Planning Obligations?
1.1 Local planning authorities (LPA) can grant planning permission subject to conditions and, where appropriate, a planning obligation which is a legal document made pursuant to Section 106 of the Town and Country Planning Act 1990. They can take the form of an agreement between the LPA) and the developer/applicant or a unilateral undertaking by the developer to the LPA.
1.2 Planning obligations are a means of securing measures to make a development proposal acceptable in planning terms and accord with local, regional or national planning policies. They can be used to mitigate the impact of new development and accommodate it through off site measures that cannot be secured by planning conditions. They can: • Restrict the development or use of the land in a specified way • Require specified works or activities to be carried out on the land or close to it e.g. highway works or access improvements • Prescribe the nature of the development e.g. provide a specific proportion of affordable housing • Require the land to be used in a specified way • Require the transfer of land for e.g. for highway or access improvements • Require a specific commitment from the development e.g. to travel plans, car park management, area management or conservation • Secure financial contributions to mitigate the impact of the development e.g. towards the provision of additional school places or transport provision or to compensate for loss or damage e.g. loss of open space
1.3 Planning obligations run with the land and are enforceable against the original covenanter and anyone subsequently acquiring an interest in the land.
Purpose of this SPD Guidance on Planning Obligations
1.4 This draft Revised Supplementary Planning Document sets out the Council’s approach to Planning Obligations and explains how the Council proposes to apply the provisions to development within the Borough, as part of the Development Management process. It takes account of national and London Plan policies and forms part of the Local Development Framework.
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2. POLICY CONTEXT
National Section 106 of the Town and Country Planning Act 1990 The Planning and Compensation Act 2004 Circular 05/2005 Planning Obligations April 2010 and April 2011 Community Infrastructure Regulations (CIL) Regional: The Mayor of London’s replacement London Plan 2011 Policy 8.2 Planning Obligations and CIL The Mayor’s Transport Strategy Providing for Children and Young People’s Play and Informal Recreation SPD 2008 Local: RBK Unitary Development Plan (UDP) (2005 as amended) Policies: • RES2 Planning Conditions and Agreements • RES6 Provision of Adequate Infrastructure • RES8 Community Benefit • NM1, SUR1 and TOL1 District Centre Priorities Kingston town centre Area Action Plan 2008 Policies: • K22 Town Centre Infrastructure • K23 Section 106 Planning Obligations and Developer Contributions LDF Core Strategy (Publication Version 2011) Policy IMP3 The Kingston Plan 2009 prepared by the Kingston Strategic Partnership RBK Infrastructure Delivery Plan 2011
2.1 Circular 05/2005 advocates a ‘joined-up’ approach’ with policies on education, health, transport etc. unified in one document to enable a broad range of social, economic and environmental objectives to be properly addressed.
2.2 The 2010 CIL Regulations introduced limitations on the use of planning obligations. They made the tests statutory so that planning obligations must be: • necessary to make a development acceptable in planning terms • directly related to the development • fairly and reasonably related in scale and kind to a development They make it clear that any benefits that planning obligations provide cannot be used as a reason for granting planning permission and they limit the pooling of S106 financial contributions, so that no more than four permissions/obligations can be pooled for a single project.
2.3 Replacement London Plan 2011 Policy 8.2 indicates that: • strategic priorities are affordable housing and transport, including Crossrail
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• other important priority uses for S106 funding are measures to mitigate and adapt to climate change, the improvement of learning and skills, improved healthcare, child care facilities and small shops • the existence and content of planning obligations will be relevant in the consideration of planning applications of strategic importance • development proposals should reflect strategic as well as local priorities • boroughs should use DPDs to set out a clear framework for negotiations on planning obligations.
Local: Royal Borough of Kingston upon Thames (RBK)
2.4 The development plan for the borough comprises the Mayor of London’s London Plan, the RBK Unitary Development Plan (until the LDF Core Strategy is adopted) and for Kingston town centre the LDF K+20 Area Action Plan 2008. On adoption, the LDF Core Strategy will replace the Unitary Development Plan, supported by the Infrastructure Delivery Plan (a study of local infrastructure capacity), which assesses the capacity of existing infrastructure and future requirements to cater for forecast growth in the borough.
2.5 Policies refer to the expectation that new development where appropriate will contribute towards the costs of delivering public infrastructure, including improvements to facilities and the environment and provide affordable housing through planning obligations in accordance with relevant legislation and policies.
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3. COMMUNITY INFRASTRUCTURE
3.1 Community infrastructure covers the physical and social facilities required to support a community on a daily and long term basis.
3.2 The population of Kingston rose from 147,300 in 2001 Census to an estimated 156,000 in 2006 and 157,200 in 2011. It is forecast to rise further by over 11,000 to 168,400 by 2026, a 7% increase. The increase in population is due to factors such as new housing, a significant rise in the birth rate and economic factors. The number of households has also risen and this is forecast to continue. The borough’s London Plan target for housing growth is 375 new units per year amounting to 5,625 units by 2026/27.
3.3 Population and housing growth place significant additional demands on a range of infrastructure provision including schools, open spaces, transport, community and healthcare facilities and utilities. New development is expected to contribute towards these additional demands through this Planning Obligations SPD, in line with relevant legislation, supported by development plan policies, the evidence base and the Infrastructure Delivery Plan. From 2014, development will need to contribute towards infrastructure through a Community Infrastructure Levy.
3.4 Circ. 05/2005 and the CIL Regulations provide the guidance that enables local planning authorities to improve infrastructure to accommodate new development. A key role of planning obligations is to ensure that the impact of development on essential services and infrastructure for the local community is properly assessed and provided for, so that development is sustainable. Planning obligations can be used to mitigate the adverse impacts of new development on community infrastructure where these can be overcome by a financial contribution, the undertaking of works or the provision of an ‘in kind’ benefit.
3.5 This section sets out details of the kinds of planning applications that will require planning obligations in the form of financial contributions towards infrastructure, their policy justification and evidence base, qualifying thresholds, standard charges and in broad terms how the monies will be spent. The contributions are summarised in the matrix set out in Appendices 1 and 2. Some worked examples are set out in Appendix 7 to this SPD.
3.6 Community infrastructure is split into four categories in this SPD covering: 1. Affordable Housing 2. Sustainable Place: Community • Education facilities/school places • Health and social care facilities
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• Leisure/culture/community facilities • Community safety and visitor management • Employment development, training and business support 3. Sustainable Travel • Highway and access improvements • Sustainable travel measures/travel awareness • Travel Plans, Delivery and Servicing Plans and Monitoring 4. Sustainable Environment • Public open space, play facilities, biodiversity and public realm • Sustainable construction/climate change mitigation • District Heating Network
3.7 The Council, as local planning authority, may wish to negotiate other forms of planning obligations (financial and non-financial) depending upon the site and development specific circumstances, in order to secure sustainable development that meets development management and development plan objectives and policies. For some key development sites, development briefs may be prepared which will identify planning obligation and infrastructure requirements. In all cases, the LPA recognises the need to ensure that development schemes remain viable. The Council’s approach, where appropriate, is based on standard unit charges to ensure that contributions are fairly related in scale and kind to the proposed development. Planning contributions may be pooled towards individual projects, taking account of the limit set out in the CIL Regulations.
3.8 Where appropriate, the Council will use ‘Grampian’ conditions to link on-site development to actions that will deliver off-site infrastructure e.g. to restrict the occupation of a development until necessary off-site highway works have been completed. This can assist in speeding up the decision making process.
3.9 This SPD will be updated as new data becomes available e.g. 2011 Census data, or to take account of inflation.
3.10 Major development as referred to in this SPD is defined as: schemes of 10 or more dwellings, schemes on sites of 1hectare or more or schemes providing 1,000sqm or more additional gross floors area.
3.11 Developers will need to fund and where appropriate carry out essential works e.g. highway works that are crucial to accommodate new development. Overall, this SPD prioritises affordable housing, which is a Core Strategy and London Plan priority. On key sites priorities may vary with individual circumstances and impact. For example, public realm improvements or new public spaces may be the priority, where they are key to area regeneration.
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1. AFFORDABLE HOUSING
Policy Basis PPS3 Housing Replacement London Plan 2011 Policies 3.11-3.14 Affordable Housing Kingston Plan Objective 6 Increase the supply of housing and its affordability. RBK UDP Policy H9 Low Cost and Affordable Housing RBK Affordable Housing SPD 2006 (to be revised in 2012) RBK Kingston town centre AAP 2008 Policy K7 Housing LDF Core Strategy (PV 2011) Policy DM15 Affordable Housing Evidence Base RBK Strategic Housing Market Assessment 2009 RBK Affordable Housing Viability Study 2011
3.12 Affordable housing includes social rented and intermediate housing (shared ownership) provided to specified eligible households whose incomes are insufficient for their needs to be met by the market. This SPD should be read in conjunction with the above documents and policies. National housing policy set out in PPS3 supports the provision of affordable housing through the use of planning obligations. Affordable housing is a London Plan and a local priority due to high house prices, which has created a particularly pressing need to increase the amount of affordable housing in the borough.
3.13 London Plan affordable housing policies (3.11-3.14) seek: • to maximise affordable housing provision and provide an average of at least 13,200 affordable homes over the term of the London Plan 2011 • a 60:40 split between social rented and intermediate housing within affordable housing provision, with priority accorded to affordable family housing • the maximum reasonable amount of affordable housing when negotiating on individual private residential and mixed use schemes, having regard to: current and future requirements for affordable housing at local and regional levels; affordable housing targets; the need to encourage rather than restrain residential development; the need to promote mixed and balanced communities; the size and type of affordable housing needed in particular locations and the specific circumstances of individual sites, including development viability, the availability of public subsidy, the implications of phased development and other scheme requirements • the provision of development appraisals by developers to demonstrate that each scheme maximises affordable housing provision • on-site affordable housing provision, only in exceptional circumstances should provision be off-site or through a cash in lieu affordable housing contribution
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• affordable housing provision on sites with capacity to provide 10 or more homes, applying the London Plan density guidance (Policy 3.4) • a lower threshold (sites with capacity for less than 10 homes) through the LDF process where boroughs can justify this, including circumstances where this will enable proposals for larger dwellings, as small sites make an important contribution to housing provision and must continue to help meet London’s need for affordable as well as market housing • a reasonable and flexible approach from boroughs to securing affordable housing on a site by site basis.
3.14 RBK LDF Core Strategy Policy DM15 seeks: • to provide 2,000 new affordable homes by 2026/27 • 50% affordable housing provision on sites with capacity for 10 or more dwellings • scaled provision of between one and four affordable units on sites with capacity for between five and nine dwellings • a 70:30 split between social rented and intermediate housing within affordable housing provision • financial appraisals to justify a lower level of provision • on-site affordable housing provision unless exceptional circumstances demonstrate that this would not be viable or practical. In such circumstances provision on an alternative site or a financial contribution for affordable housing may be acceptable.
3.15 Analysis of affordable housing provision and available sites during the preparation of the LDF Core Strategy has concluded that in order to achieve the step change in affordable housing provision that is required to meet local needs, the thresholds for the provision of affordable housing need to be lowered from sites with capacity for 10 dwellings to site with capacity for 5 dwellings, as set out in Core Strategy Policy DM15.
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2. SUSTAINABLE PLACE - COMMUNITY
2a. EDUCATION FACILITIES/ SCHOOL PLACES
Policy Basis Replacement London Plan 2011 Policy 3.19 Education LDF Core Strategy (PV 2011) Policies : • CS15 Future Needs Schools • DM23 Schools Evidence Base 2001 Census data for RBK Department for Education Building cost multipliers GLA population forecasts for RBK RBK Schools Capital Programme and reports to the Council’s Executive 2008-11 RBK housing forecasts
3.16 Up to 2008 the supply and demand for school places was broadly in balance. Since 2008 there has been a significant increase in demand (28%) for primary school places due to: a significant rise in the birth rate in the borough (30%) between 2001 and 2009, new housing development and economic factors.
3.17 The Council has a statutory duty to provide sufficient school places for all borough children who need a school place. The increase in the number of school age children is forecast to continue as part of a long term trend requiring a permanent increase in the number of primary and secondary school places and associated accommodation through the expansion of existing schools and the provision of new schools.
3.18 Latest (2011) forecasts indicate that up to 15 additional forms of entry are required compared with the 2008 level of permanent capacity which was 52.5 forms of entry. Phase 1 permanent expansion of existing schools is due for completion in September 2011 and will provide 6.5 additional forms of entry. The new primary school on the Surbiton Hospital site due for completion in 2012 will provide an additional two forms of entry. Their cost exceeds £46 million and further temporary and permanent primary accommodation will be required.
3.19 In 2015, the increase in primary aged children will be at an age when they need to transfer to secondary schools which will require additional secondary school places from 2014/15 onwards through the expansion of the borough’s eight community secondary schools and the provision of a new secondary school to serve the Kingston area (planned on the North Kingston Centre site). The demand for places for pupils with special educational needs will also increase with new housing provision and as the population increases. 11
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3.20 New housing developments over the plan period will result in additional children and further increase demand for school places, requiring additional school places and accommodation in existing schools and the provision of new schools.
3.21 Whilst central Government issues a basic needs assessment to local authorities (to borrow funds) in order to meet rising school rolls, these approvals are contingent on Local Authorities using their best endeavours to secure planning obligations as enabling funding.
When will education contributions be sought?
3.22 The Council will seek financial contributions towards the provision of additional school places/accommodation from all residential development proposals that would result in additional children and where it would create or exacerbate a shortage of school places. Currently there is a shortage of school places throughout the borough. Education contributions will be sought from all housing developments of one or more dwellings (including new development, conversions and changes of use) that result in the provision of an additional dwelling (rather than a replacement dwelling) and comprise flats or houses with more than one bedroom. One bedroom dwellings, specialist housing for the elderly, managed student accommodation and housing in multiple occupation (HMO) for single persons are exempt from education contributions.
3.23 Where new residential development replaces existing residential e.g. a change from 2 bedrooms to 3 bedrooms, the charge will be based on the difference between relevant figures for existing and proposed development.
3.24 Contributions will not be sought on the affordable housing component of developments that comprise more than 50% affordable housing where the Council has 100% nomination rights in perpetuity.
The level of education contributions and the method of calculation
3.25 The level of charges that will apply towards the provision of additional primary and secondary school places and associated accommodation is set out below (rounded to the nearest £100):
Table 1: Education contributions by size of dwelling Size of dwelling Education contribution 2 bedrooms £3900 3 bedrooms £6500 4 or more bedrooms £9100
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3.26 The basis and method of calculating the above contributions is set out below.
Table 2: Child occupancy and Dept for Education multipliers Primary Secondary Number of children in RBK* 12,087 11,641 Number of habitable rooms in RBK * 313,273 313,273 excludes bathrooms, halls, kitchens ≤ 13sqm) Average number of children per 0.03858 0.0372 habitable room (child occupancy) Dept for Education building cost £13,728 £20,685 multiplier for RBK 2010/11 (*source: 2001 Census data for RBK)
Primary school contribution = Number of habitable rooms x 0.03858 x £13,728. Secondary school contribution = Number of habitable rooms x 0.0372 x £20,685.
Table 3: Education contributions for Primary and Secondary School Places Size of Average Child Primary Child Secondary dwelling: no. of occupancy contribution occupancy contribution no. of habitable Primary £ Secondary £ bedrooms rooms 2 3 0.1157 £1589 0.1116 £2308 3 5 0.1929 £2648 0.1860 £3847 4+ 7 0.2700 £3707 0.2604 £5386
Use of Education Contributions
3.27 Contributions will be put towards the capital costs of funding the provision of additional school places and associated accommodation. For primary school places/accommodation, this will be on a Neighbourhood basis in line with school places planning. For secondary and special needs places, this will be on a borough wide basis, as this is how the provision of those places is planned.
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2b. HEALTH AND SOCIAL CARE FACILITIES
Policy Basis Replacement London Plan 2011 Policy 3.18 Health LDF Core Strategy (PV 2011) Policies : • CS13 Community Health Services • DM21New Health Facilities Kingston Plan 2009 Objectives 8: improve overall health and reduce health Inequalities and 9: support people to be independent Evidence Base 2001 Census data and GLA population forecasts for RBK NHS Healthy Urban Development Unit (HUDU) model NHS Kingston PCT Strategic Commissioning Plan RBK Joint Strategic Needs Assessment http://www.kingston.gov.uk/rbk_jsna_summary.pdf RBK Community Care Commissioning Strategy 2008-13
3.28 Health and social care facilities include acute and primary care premises which are key to all communities. Meeting the needs of an increasing population resulting in part from new housing development has a significant impact on local health and social care services. Mitigating these impacts, where there are gaps in infrastructure provision is a legitimate use of planning obligations.
3.29 NHS Kingston Primary Care Trust is currently responsible for the health and well- being of the local community. Its overall vision is: "To improve the health of the people of Kingston by improving the quality of services, reducing health inequalities and preventing ill health”.
3.30 The Joint Strategic Needs Assessment (JSNA) informs requirements for health services and highlights key health issues that need to be tackled. It recommends the need to improve the quality of healthcare premises and where possible co- locate new healthcare provision with social care and other local services.
3.31 There are areas of healthcare under-provision across the borough (see Appendix 3 for LDF Core Strategy PV 2011 Figure 22 ‘Healthcare Facilities’). The RBK Infrastructure Delivery Plan 2011 identifies the following priority needs and locations where existing provision is poor, at capacity or needs upgrading: • GP surgeries in Coombe Hill; Old Malden; Chessington North; Tolworth, Norbiton; Grove; Canbury; Berrylands and Surbiton. • Upgrading of Tolworth Hospital to meet mental health needs • Community based mental health facilities across the borough • Dentistry: deficiencies in Berrylands, Canbury, Tolworth and Coombe Hill • ‘Extra Care’ sheltered housing for older people to replace existing facilities
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• Provision for people with learning and physical disabilities • Respite care facilities
When will a health and social care contribution be sought?
3.32 Health and social care contributions will be sought from all new Use Class C3 residential developments providing one or more dwellings, from Use Class C2 Residential Institutions including care homes and student accommodation but excluding hospitals and from C4 Houses in Multiple Occupation, taking account of existing provision within the local area and health and social care needs.
The level of health and social care contributions and method of calculation
3.33 The level of contributions is based on the NHS Healthy Urban Development Unit (HUDU) “Planning contribution model for London” which can be downloaded from the NHS HUDU website. The Council/NHS Kingston reserves the right to carry out a full modelling of the healthcare impact of major development.
Table 4: Health and social care contributions by size of dwelling Size of C3 dwelling Health/ social care contribution Studio £400 1bedroom £700 2 bedroom £1,100 3 bedroom £1,500 4 or more bedrooms £2,000 Use Class C2: student accommodation £200 per single occupancy and C4 (HMOs) bedroom
3.34 Where new development replaces existing residential, the charge will be based on the difference between figures for existing and proposed development.
3.35 In limited circumstances, where robust evidence demonstrates the absence of mainstream funding, a commuted sum may be sought for maintenance.
Use of Health and Social Care Contributions
3.36 Contributions will be put towards the costs of expanding and improving health and social care facilities within the local neighbourhood, to meet required standards and increasing population needs including: health centres, GP surgeries, primary care premises; NHS dentists, opticians and pharmacies, care for older people and those with learning and physical disabilities. Increasingly, some services are being developed and run in partnership, co-located in shared premises. The exception will be for facilities that meet a borough wide need.
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2c. LEISURE, CULTURE, COMMUNITY FACILITIES
Policy Basis Replacement London Plan 2011 Policies 3.17 Social infrastructure, 3.19 Sports facilities and 4.6 Support for arts, culture, entertainment RBK LDF Core Strategy (PV 2011) Policies: • CS16 Community Facilities • DM24 Protection and Provision of Community Facilities RBK Kingston town centre AAP Policy K6 Culture, leisure, community facilities Kingston Plan 2009 Objective 10: encourage people to take an active part in the social and cultural life of the community Evidence Base Museum, Libraries and Archives Council (MLA) ‘Public Libraries, Archives and New Development: A Standard Charge Approach’, May 2010 and Arts Council England (ACE) RBK Infrastructure Delivery Plan
3.37 Meeting halls, libraries, leisure centres, sports halls, community and youth centres play an important role in the local community. In areas of new housing or areas in need of regeneration, existing facilities may need to be upgraded and/or expanded to meet local needs and support population growth.
When will a leisure, culture, community facilities contribution be sought, how will it be calculated and how will it be used?
3.38 A leisure/culture/community facilities contribution will be sought from major residential developments, where new development would result in additional demand and exacerbate local deficiencies. The level of contributions will be negotiated but will take account of 2010 MLA guidance: A Standard Charge Approach, from which a standard charge of £250 per person will be applied.
Table 5: Leisure, culture, community facilities contributions Size of dwelling Ave. Occupancy* Contribution 1 bedroom 1.3 persons £325 2 bedrooms 1.8 £450 3 bedrooms 2.6 £650 4 or more bedrooms 3.2 £800 *source: Survey of English Housing ODPM 2004
3.39 Contributions would be put towards the cost of new or upgraded facilities for the arts, culture, libraries, museums, leisure, sports halls, community meeting space or other community facilities within the local area of the proposed development.
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2d. COMMUNITY SAFETY AND VISITOR MANAGEMENT
Policy Basis Circular 5/94 Planning out Crime. Secured by Design, Designing out Crime, Safer Places Replacement London Plan 2011 Policies 2.15 Town centres and 4.5 Visitors RBK UDP CS4 Customer Facilities and Conveniences RBK Kingston town centre AAP 2008 Policy K21 Managing the Town Centre LDF Core Strategy (PV 2011) Policies : • CS14 Safer Communities • DM22 Design for Safety Kingston Plan 2009 Objective 7: Make communities safer Evidence Base RBK After Dark Strategy 2007 and Annual Implementation Plans Safer Kingston Partnership Plan 2008-11 and Crime, Disorder and Substance Misuse Strategy Metropolitan Police Asset Management Plan
3.40 The vision of the Safer Kingston Partnership Plan 2008-11 is that everyone who lives in, or comes to, our borough should be safe and feel safe. The borough is categorised as the ‘safest London borough’, although this masks higher crime figures in Grove Ward which covers Kingston town centre with its vibrant night time economy and one of the largest night clubs in London.
3.41 In 2007, the Council adopted an After Dark Strategy (ADS) to better manage Kingston town centre at night with a range of partner organisations including the Police, Kingston First, transport operators, local businesses and the voluntary sector. Annual Implementation Plans help to deliver the After Dark Strategy, whose principles of community safety also apply across the Borough.
3.42 Section 106 community safety contributions for CCTV and other initiatives to manage Kingston town centre have assisted in delivering crime reduction objectives and maintaining the Purple Flag standard accreditation, which is a measure of success in the night time management of town centres.
3.43 New development can also impact on policing. Police services are near capacity in some parts of the borough and some police facilities are outdated, poorly located, or do not meet current requirements.
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When will a contribution for community safety and visitor management be sought and how will it be calculated?
3.44 Community safety and visitor management contributions may be sought from the types of development set out below, depending upon their nature, scale, location and individual circumstances: • all types of major development • A3 restaurants, A4 pubs and bars and A5 takeaways over 100sqm • nightclubs • other visitor attractions This will apply to new development, changes of use, extensions, applications for use of forecourts and extensions to opening hours.
3.45 Contributions will be negotiated having regard to the location and type of development proposed, the likely number of visitors/residents, the level of sensitivity in the local area and risk of crime or disorder, existing CCTV provision and deficiencies. Contributions may be linked to local initiatives and crime reduction strategies. Some indicative costs are £25,000 for a CCTV camera including links to the control room, management and maintenance and around £25,000 for ‘pop up’ toilets plus £6,000 installation costs.
Use of community safety and visitor management contributions
3.46 Contributions will be put towards the following facilities within the local area of the proposed development: • CCTV - supplementing or improving existing provision, including maintenance • lighting and public realm improvements that assist in ‘designing out crime’ • late night transport improvements and travel information • visitor facilities including toilets • town centre management • anti graffiti treatment • later opening and manning of public car parks at night • clearer signing of routes for visitors • more conveniently located, secure cycle parking • police facilities • initiatives that promote community safety e.g. Best Bar None and Pubwatch • policing facilities, including ‘police’ front counters and Safer Neighbourhood Team bases
3.47 Operating plans may be sought in conjunction with certain development proposals for e.g. to control the use of outside eating/drinking areas and minimise noise and disturbance from visitors arriving/leaving premises late at night.
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2e. EMPLOYMENT DEVELOPMENT, TRAINING AND BUSINESS SUPPORT
Policy Basis Government document ‘Sustainable Communities in London’ Replacement London Plan 2011 Policy 4.12 Improving opportunities for all RBK Kingston town centre AAP Policy K4 Employment Development LDF Core Strategy (PV 2011) Policies CS16 and DM24 Community Facilities Kingston Plan 2009 Objectives 4: Sustain and share economic prosperity and 5: Raise education standards and close gaps in attainment Evidence Base South London Partnership Economic Study
3.48 A range of policies and strategies aim to raise education and skills levels and increase local employment through initiatives that remove barriers to employment and progression and tackle low participation in the labour market. Strategic development proposals can assist in supporting local employment, skills development and training opportunities.
3.49 Whilst Kingston has high levels of employment, it has pockets of deprivation in Norbiton ward, focused on the Cambridge Estate, parts of Beverley ward in New Malden and Grove ward in Kingston. It also has a significant imbalance between the types of jobs available and the skills base of residents, despite having roughly equal numbers of jobs and residents. This results in highly skilled residents commuting out of the borough to work and in-commuting for service jobs.
3.50 Small and medium sized enterprises (SMEs) provide a significant proportion of jobs in the borough and are an important source of employment growth, especially in the knowledge based and creative industry sectors. As new development can create demand for skilled employees and SMEs can be a source of employment for new residents, it may be appropriate to seek planning obligations relating to employment development, training and business support. This can benefit residents, employees and the local economy, help improve the skills base, health and well being, reduce in-commuting and social exclusion.
When will an employment development, training and business support contribution be sought, how will it be calculated and how will it be used?
3.51 The Council will seek to promote local business development and maximise training and employment in conjunction with new development and may seek planning obligations and contributions from significant major developments for employment development, training to improve skills and business support to encourage new and sustainable business growth and enterprise and SMEs. Contributions will be negotiated on as case by case basis.
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3. SUSTAINABLE TRAVEL
Policy Basis PPG13 Transport 1994 Replacement London Plan 2011 Policies: 6.5, 6.6, 6.9, 6.10, 6.14 Transport The Mayor’s Transport Strategy and Better Streets document RBK UDP Policy T22 Transport Contributions RBK LDF Kingston town centre AAP Policies: • K15-K20 Transport and Access RBK LDF Core Strategy (PV 2011) Policies CS5-7 and DM8-9 Sustainable Travel RBK Local Implementation Plan (LIP2) 2011 Kingston Plan 2009 Objective 2: Ensure sustainable development of our borough and the promotion of sustainable transport Evidence Base DfT good practice guidance Delivering Travel Plans through the Planning Process 2009 and DfT Manual for Streets TfL Travel planning for new development in London 2011 RBK LIP 2 Neighbourhood Delivery Plan Action Plans and Schedules RBK Rights of Way Improvement Plan 2010
3a. SUSTAINABLE TRAVEL MEASURES
3.52 Planning Policy Guidance 13 on Transport states that “planning obligations may be used to achieve improvements to public transport, walking and cycling, where such measures would be likely to influence travel patterns to the site involved, either on their own or as part of a package of measures.”
3.53 All new development will create trips and have some impact on local transport networks including highways, footpaths, public transport, pedestrian and cycle routes. It may create a need for off-site highway or access improvements to maintain highway safety and help reduce car use and congestion, such as links to the existing road network; improvements to junctions, footways, cycle routes, cycle parking, public transport and accessibility/DDA; provision of car clubs/car club bays or car park management schemes.
3.54 The Council as highway and planning authority will use planning obligations to secure: • financial contributions to promote highway safety and sustainable transport measures/schemes or to implement schemes identified in the Local Implementation Plan (LIP2) 2011 (see Appendix 4 to this SPD). • works to mitigate transport impact under Section 278 of the Highways Act • the dedication of land required for highway/transport works
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• the provision of on-site car club bays or off-site provision • travel plans, including delivery and servicing plans and a commitment to their development and monitoring • improvements to Rights of Way (Appendix 4) • appropriate car park management arrangements • and to restrict eligibility for parking permits in Controlled Parking Zones The priority will be to secure funding or the undertaking of works that are crucial to reduce car use and mitigate the impact of development related traffic on the local highway network.
When will a sustainable transport contribution be sought?
3.55 Contributions will be sought from: • C3 residential development providing one or more additional dwellings • C1 (hotels), C2 Residential Institutions including student accommodation • non-residential development (Use classes A1-A5, B1-B8, D1-D2 and Sui Generis uses) that provide 100sqm or more floorspace and generate trips.
The level of sustainable transport contributions and method of calculation
3.56 The scale of contribution will depend on the size and type of proposed development and the transport investment needed to accommodate/mitigate the predicted level of trips and associated transport needs. For major development, Transport Assessments/Statements will be required to assess transport impact.
3.57 The level of contributions for residential development will be guided by the standard unit charges set out below, which are derived from average occupancy rates and a unit rate of £500 per person, based on car club costs and other sustainable transport improvements.
Table 6: Sustainable travel contributions by size of dwelling Size of dwelling Ave. Occupancy* Transport contribution 1 bedroom 1.3 persons £650 2 bedrooms 1.8 £900 3 bedrooms 2.6 £1300 4 or more bedrooms 3.2 £1600 *source: Survey of English Housing ODPM 2004
3.58 For major developments with 40 or more dwellings, (the level at which a car club becomes viable), on-site car club provision will be required, plus funding of £200 per unit to provide each unit with free car club membership for two years from first occupation (currently £55 per year = £110), 10 hours car use for the first year (currently £5 per hour = £50) and a Council administration fee of £40 for
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managing the free memberships. These costs will be taken into account and deducted from the charge that would be due based on Table 6.
3.59 For C1 hotels and non-residential development, a combined contribution of £20,000 per 100sqm of development will be sought for sustainable travel and environmental improvements, which relates to employment densities and trip rates and £500 per bedroom for student accommodation.
Use of sustainable transport contributions
3.60 Contributions will be put towards the following measures and improvements within the local area of the proposed development: • Highway improvements, highway safety and traffic management measures • Walking and cycling improvements • Footpath/rights of way improvements (see Appendix 4) • Environmental and safety improvements to encourage walking and cycling • Car clubs and provision of car club bays • Accessibility/DDA provision/community transport/ shopmobility • Electric vehicle charging points where provision is not practical on site • Travel awareness information and sustainable travel initiatives • Travel plan networks in Kingston town centre, Tolworth, Surbiton and New Malden District Centres, and major employment sites e.g. in Chessington.
3b. TRAVEL PLANS AND TRAVEL PLAN MONITORING FEES
3.61 All development that reaches Travel Plan thresholds will be required to provide Travel Plans plus a monitoring fee (based on staff time/costs), as set out below. This is in addition to a Sustainable travel contribution set out under 3a.Together these measures mitigate transport impacts of new development. For C1, C2 and non-residential development, the monitoring period will normally be 5 years.
3.62 Where outline Travel Plans are submitted with development proposals, a commitment to developing, submitting and monitoring Full Travel Plans will be required through a planning obligation. TfL Travel Planning guidance sets out details of what Travel Plans and Travel Plan Statements should cover. Table 7: Travel Plan Monitoring Fees Development Threshold Requirement Monitoring Fee C3 Residential 10-39 dwellings Travel Plan Statement £500 C3 Residential 40 or more dwellings Full Travel Plan £1,000 C1/C2, non resid. 20-49 staff / visitors Travel Plan Statement £1,000 C1/C2, non resid. 50+ staff/ visitors Full Travel Plan £3,500 Education uses All schools, colleges, Full Travel Plan £3,500 student accom’odation
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4. SUSTAINABLE PLACE: ENVIRONMENT
4a. PUBLIC OPEN SPACE, PLAY, BIODIVERSITY AND PUBLIC REALM
Policy Basis PPG17 Open Space, Sport and Recreation GLA Providing for Children and Young People’s Play and Informal Recreation SPD 2008 Replacement London Plan 2011 Policies 2.18, 7.5, 7.18, 7.19 and 7.24 RBK UDP Policies: • OL10 New Public Open Space Provision • RL7 Children’s Play Provision RBK LDF Kingston town centre AAP Policies: • K10 Public Realm • K13 Riverside Strategy • K14 The Hogsmill River LDF Core Strategy (PV 2011) Policies CS 3, CS4, DM5, DM6, DM7 Kingston Plan 2009 Objective 3: Protect and improve the quality of our local environment RBK Green Spaces Strategy 2008 and Annual Implementation Plans Evidence Base Kingston Open Space Assessment, Atkins 2006 RBK Open Spaces Developer Contributions Working Paper, Atkins 2006
3.63 PPG17 sets out Government policy on open space, sport and recreation in conjunction with new development. It states ‘... Local authorities should ensure that provision is made for local sports and recreation facilities (either through an increase in the number of facilities or improvements to existing facilities) where planning permission is granted for new development (especially housing). Planning obligations should be used, where appropriate, to seek increased provision of open spaces and local sports and recreation facilities, and the enhancement of existing facilities’ (para.23). The guidance also states that ‘... Planning obligations should be used to remedy local deficiencies in the quantity or quality of open space, sports and recreation provision. Local authorities will be justified in seeking planning obligations where the quantity or quality of provision is inadequate or under threat, or where new development increases local needs’ (para.33).
3.64 Whilst the borough has large areas of open space, the largest components are private golf courses and playing fields. The amount of public open space in terms of local parks and playing fields is limited relative to neighbouring boroughs and there is an uneven distribution across the borough. The 2006 Open Space Assessment of the borough identified significant quantitative and qualitative
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deficiencies in open space provision and children’s play space/facilities (see Appendix 5). These factors informed the development of the RBK Green Spaces Strategy 2008 and its associated Annual Implementation Plans and Park Improvement Plans. They identify areas where improvements are needed to existing facilities to meet the needs of existing and new residents.
3.65 The Open Space Assessment sets out the following open space standards, which will apply to new development.
Table 8: Open Space Standards Type of Standard of provision Standard of provision space (hectares per 1000 people) (square metres per person)
Public parks 1.11 2.11 ha per 1000 people 11.10 21.1sqm per person for Natural/semi- 1.00 for public parks and 10.0 public parks and natural green natural/ semi-natural natural/semi-natural green spaces, of which spaces green spaces, of which 0.8ha per 1000 population should be 8sqm per person should play space be play space Allotments 0.35 3.5 Total 2.46 24.6
3.66 New residential development places increased pressure on open space, sport, recreation and play provision within the borough. For residential schemes comprising 50 or more dwellings in areas of open space deficiency, on-site open space provision will be required based on the standards set out above and the occupancy rates set out in Table 9.
When will a contribution towards open space, play, biodiversity and the public realm be sought?
3.67 Where on site open space provision to the above standards is not provided and for smaller residential schemes comprising 1-49 dwellings, planning contributions will be sought to improve the quality and /or quantity of open space, play provision, the riverside (Thames and Hogsmill where appropriate), biodiversity and public realm improvements (to the quality of environment of the public highway and streetscene in a local area (in addition to private amenity space provided as part of the development). In the case of commercial development a combined contribution will be sought for enhancements to sustainable travel, biodiversity, the riverside and the public realm.
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The level of open space, play, biodiversity and the public realm contributions and the method of calculation
3.68 The following contributions will be sought, which are based on the average costs of providing open space to the standards set out, which amount to £1000 per person (Developer Contributions Paper 2005 prices updated to 2010 using the retail price index) multiplied by average occupancy rates.
Table 9: Open space, play, biodiversity, public realm contributions Size of dwelling Average Occupancy* Contribution 1 bedroom 1.3 persons £1300 2 bedrooms 1.8 £1800 3 bedrooms 2.6 £2600 4 or more bedrooms 3.2 £3200 *source: Survey of English Housing ODPM 2004
3.69 For non-residential commercial schemes providing 100 square metres or more, a combined sustainable travel and environmental contribution will be sought at the rate of £20,000 per 100sqm (see para.3.59).
3.70 Where new open space or play provision is to be adopted and managed by the Council, a commuted sum will be required to cover ten years of maintenance. This will be negotiated based on the scale and nature of the new facility.
Use of open space, play, biodiversity and the public realm contributions
3.71 Contributions will be used within the local area of the proposed development for: • Improvements to the quality and /or quantity of public open spaces, playing pitches and outdoor recreation • play provision • the riverside (Thames and Hogsmill) • biodiversity enhancements • public realm improvements including: routes, landscaping, tree planting, lighting, surfacing, and public art
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4c. SUSTAINABLE CONTRUCTION / CLIMATE CHANGE
Policy Basis PPS1 and its supplement Planning and Climate Change PPS22 Renewable Energy and Planning For Renewable Energy 2004 The Climate Change Act 2008 Building Regulations 2010 Code for Sustainable Homes and BREEAM standards and reports Replacement London Plan 2011 Policies: 5.1-5.7 LDF Core Strategy (PV 2011) Policies CS 1, CS2, DM1, DM2 and DM3 Kingston Plan 2009 Objective 1: Tackle climate change, reduce our ecological footprint and ‘reduce, reuse and recycle’ RBK Energy Strategy 2009 and Annual Implementation Plans (latest 2010) Evidence Base RBK Planning Obligations for Sustainability 2011 Bioregional Consulting
3.72 The Climate Change Act 2008 sets out the government’s long term commitment to mitigating the impact of the UK on the changing climate. It requires an 80%
reduction in CO 2 emissions from the 1990 level by 2050. This ambitious target
requires all sectors to contribute to reducing their CO 2 emissions, including the built environment. To ensure that new development has a reduced impact on climate change, increasing levels of carbon reduction and sustainability are required.
3.73 PPS1 requires new developments to consider sustainability throughout its design and sets out key principles including reducing energy use and emissions, promoting the use of renewable resources and taking account of the potential impacts of climate change in the location and design of development. The supplement to PPS1 Planning and Climate Change prescribes more specific measures including district heating networks and requiring nationally recognised sustainability standards within locally defined planning policy. PPS22 supports renewable energy technologies within new developments and seeks to ensure that the planning process supports such projects.
3.74 Replacement London Plan policies reiterate the commitment for London to
reduce its total CO 2 emissions, going beyond the national requirements
committing to a 60% reduction in CO 2 emissions by 2025.
3.75 To deliver these targets the LDF Core Strategy includes policies (DM1-DM4) to deliver increasing levels of carbon reduction and sustainability standards, including incorporation of green and blue infrastructure, flooding attenuation and increased biodiversity. Measures to adapt to the effects of climate change should be incorporated within the design of all developments. LDF Core Strategy PV
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2011 Policy DM1 Sustainable Design and Construction Standards sets out increasing standards of the Code for Sustainable Homes (CSH) for residential developments and BREEAM for non-residential developments.
When will a climate change mitigation contribution be sought, what level of contribution will be required and the method of calculation?
3.76 In cases of development where it is demonstrated that the required CSH/ BREEAM standard is not technically feasible, a planning contribution will be sought. This will be based on the difference between the standard achieved and the standard required as set out in Tables 10 and 11.These figures derive from the DCLG document ‘A Cost Analysis of the Code for Sustainable Homes’ 2008 and for BREEAM on the BRE Trust documents ‘Putting a price on sustainable schools’ 2008 and ‘Putting a price on sustainability’ 2005, as set out in the document ‘Planning Obligations for Sustainability’ 2011 prepared for RBK by Bioregional Consulting.
Table 10: Residential development up to 2016 Standard required Major development until 2016: from 2013: CfSH level 4 CfSH level 5 Standard achieved £ per sqm £ per sqm Building Regs. 2010 59 208 CfSH level 1 58 207 CfSH level 2 53 201 CfSh level 3 42 191 CfSH level 4 - 149
Table 11: Non-Residential development Standard required up Standard required to end of 2012 from 2013 BREEAM Excellent BREEAM Outstanding Standard achieved £ per sqm £ per sqm Building Regs. 2010 138 412 BREEAM Very Good 15 288 BREEAM Excellent - 274
Use of Climate Change Mitigation Contributions
3.77 Contributions will be used for both climate change mitigation and adaptation projects as outlined in the Council’s Energy Strategy Annual Implementation Plan. Due to the global impact of greenhouse gas emissions associated with development, measures to mitigate this impact are not affected by their location.
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Where possible, contributions will be used in projects within the local neighbourhood of the development, but otherwise in borough wide projects to offset impacts not addressed within the development.
3.78 Contributions will be used for climate change mitigation and adaptation projects providing: • renewable energy technologies such as photovoltaics on public buildings e.g. schools and libraries • financial incentives for domestic energy efficiency measures e.g. loft insulation • green and blue infrastructure such as green roofs, tree planting and landscaping and water features in the public realm and with public buildings • flood attenuation measures for e.g. permeable surfacing in public areas
4c. DISTRICT HEATING NETWORK
3.79 The supplement to PPS1 Planning and Climate Change includes the expectation that new development will connect to existing district heating networks or be designed to ensure connection to a future network.
3.80 Core Strategy PV 2011 Policy DM2 sets out the Council’s policy on District Heating Networks. In order to develop the provision of district heating networks within the borough, where appropriate, contributions will be sought from significant major developments within three areas identified as being suitable for the establishment of a decentralised energy network. These are Kingston town centre, the Hogsmill Valley and Tolworth (see plans in Appendix 6). A number of technologies have been identified to serve the potential network with varying cost. Initial feasibility studies indicate a cost of around £20 million per network. Further feasibility work is required to refine the specific technological option.
3.81 The level of contribution will be negotiated but will have regard to the document ‘Planning obligations for sustainability 2011’ prepared by Bioregional Consulting. This identifies a contribution of £25 per square metre of development based on a network serving the two areas.
3.82 Contributions will be put towards the costs of providing and connecting to district heating networks including feasibility and development work.
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4. MANAGEMENT AND MONITORING PROCEDURES
3.83 This SPD will be used to inform discussions/negotiations on likely planning obligation requirements and associated documentation, which will be required in association with development proposals/planning applications. Applicants are encourages to use the Council’s pre-application advice service to help clarify what planning obligations/ contributions are required at an early stage. The objective is to ensure that: • applications can be determined within the target periods for decisions set by government including completed planning obligation agreements/unilaterals • applicants provide information at the date of submission of the application, to enable the Council and consultees to respond properly to applications • the nature of proposed planning obligations and planning contributions is scoped and agreed before applications are submitted for determination.
3.84 The nature and content of a planning obligation in terms of measures to accommodate and mitigate the impact of new development will be a material consideration in the determination of planning applications. Any recommendation to grant a planning permission where a planning obligation is necessary will be subject to the satisfactory completion of that obligation and this together with the heads of terms including the scale of any contributions will be set out in the report and recommendation. Where the application is submitted with a unilateral undertaking then any recommendation to approve can be processed immediately and this procedure is preferred for simpler and smaller development proposals.
3.85 Failure to supply a relevant draft planning obligation meeting local validation requirements at the application submission stage may result in a planning application not being registered as valid.
3.86 The Council’s Standard Forms of Unilateral Undertaking and Planning Agreements are included as Appendix 8. A model agreement relating specifically to provision of affordable housing is provided as an Annex to the Supplementary Planning Document- Affordable Housing.
Triggers for Planning Obligations
3.87 The trigger for planning obligations to become operative is commencement of development i.e. the date on which works to begin the development start, as defined by the carrying out of a material operation (section 56 of the 1990 Town and Country Planning Act).
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Timing of Planning Contribution Payments
3.88 The timescale for payment of planning contributions will be set out in the agreement. This will normally be due on commencement of development, but maybe prior to completion or first occupation. In the case of significant major development, payments may be phased to ensure development viability.
Index Linking
3.89 Agreements will set out arrangements for the index linking of planning contributions, normally from the date of the resolution to grant planning permission to the month preceding the date when payment is due (using an appropriate index – currently the Retail Price Index).
Late Interest Payments
3.90 Interest will be charged on late payment of planning obligations at the rate of 1% above UK Bank Base Rate until the contribution(s) have been paid in full.
Management and Monitoring Fees and Legal Fees
3.91 A management and monitoring fee of £150 per planning obligation clause (including financial and other obligations) will apply. In addition, applicants will be expected to cover the Council’s legal charges in drafting planning obligation agreements/unilateral undertakings.
Monitoring Reports
3.92 Planning obligations are the subject of twice yearly reports to the Council’s Place and Sustainability Strategic Committee (which are publically available). These include an annual report on income and spend during the previous financial year.
Use of Planning Contributions
3.93 Planning contributions will be used for the purposes specified in this SPD. In most cases (excepting contributions for secondary school places) spend will be in the Neighbourhood or local area in which the proposed development is located.
Local Land Charges
3.94 Planning obligations have to be registered as local land charges. Applicants will therefore need to produce title to the site and third parties, such as mortgagees, may have to be party to agreements.
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ATTACHMENT 1: Contributions Matrix June 2011
Category For Eligible Use Minimum Amount of Classes Threshold Contribution 1. Housing Affordable Housing C3 Residential 5/10 units On-site AH provision 2. Sustainable 2a. Education C3 Residential 1 additional 2 bedrooms £3900 Place facilities/ school unit or diff. bt 3 bedrooms £6500 places existing and 4+ bedrooms £9100 proposed 2b. Health/social C3/C4 1 additional 1 bedroom £700 care facilities Residential unit or diff. bt 2 bedrooms £1100 existing and 3 bedrooms £1500 proposed 4+ bedrooms £1900 Student accom. £200 per bedroom 2c. Leisure/culture/ C3 Residential Major 1 bedroom £325 community development 2 bedrooms £450 10+ units 3 bedrooms £650 4+ bedrooms £800 2d. Community All Major Negotiated, taking safety and visitor development account of 3a and 4a management 2e. Employment and C1 and non- Major Negotiated training residential development 3. Sustainable 3a. Sustainable All C3/C4: Site specific and/or Travel travel: 1 additional based on any TS/TA • Highway safety unit or diff. bt C3/C4 residential: • Traffic Managm’t existing and 1 bedroom £650 • Car clubs proposed 2 bedrooms £900 • Elect Vehicle CP 3 bedrooms £1300 • Public transport 4+ bedrooms £1600 • Walking/cycling • Travel C1, C2, non- Negotiated – guideline awareness residential for combined 3a/4a: +100sqm £20,000 per 100sqm • Travel networks £500/student bedroom 3b.Travel Plans, C3 Residential TPS: C3 monitoring fee: including Delivery 10-39 units; £1000 for FTP and Servicing Plans: FTP: 40+ £500 for TPS • Full Travel Plan units FTP C1, C2, non- TPS:20-49 5 year monitoring fee • Travel Plan residential staff/visitors for C1, C2, non- Statement TPS All schools and FTP: 50+ residential: colleges staff/visitors £3500 for FTP £1000 for TPS 4. Sustainable 4a. Public open All C3/C4: C3 residential: Environment space, public realm, 1 addit. unit 1 bedroom £1300 trees, art, lighting, 2 bedrooms £1800 riverside, play, 3 bedrooms £2600 outdoor recreation, C1, C2, 4+ bedrooms £3200 biodiversity non-resid. Others: combined +100sqm 3a/4a contribution 4b. Climate Change All See tables 4d. District Heating All within Significant Negotiated Network defined area Majors
ATTACHMENT 2: Summary schedule of proposed contributions
TYPE OF OBLIGATION /CONTRIBUTION 1 bedroom 2 bedrooms 3 bedrooms 4+ bedrooms Non-residential ave. size (61-83sqm) (74-102sqm) (90-113sqm) 50sqm ave 72sqm ave 88sqm ave 102sqm 1. Affordable Housing provision Yes Yes Yes Yes None 2. Sustainable Place: Community 2a. Education None £3900 £6500 £9100 None 2b. Health and social care £700 £1100 £1500 £1900 None 2c. Leisure/culture/community facilities (major dev) £325 £450 £650 £800 None 2d. Community Safety/ Visitor Management Negotiated Negotiated Negotiated Negotiated Negotiated for major for major for major for major for major development development development development development
2e. Employment development, training, business None None None None Negotiated for support major development 3. Sustainable Travel D36 3a. Sustainable travel measures (£500/person) £650 £900 £1300 £1600 100sqm or more £200/ sqm for combined 3a + 4a £500 per student 3b. Travel Plan monitoring fees per development bedroom • Full Travel Plan £1000 £1000 £1000 £1000 £3500 • Travel Plan Statement £500 £500 £500 £500 £1000 4. Sustainable Place/Environment Over 100sqm 4a.Public open space, children’s play, outdoor £1300 £1800 £2600 £3200 Negotiated: recreation, biodiversity , public realm, guideline £200/sqm riverside(£1000/person) for combined 3a+4a 4b. Climate Change Mitigation As per 4c tables As per 4c tables As per 4c tables As per 4c tables As per 4c tables 4c. District Heating Network (defined area within KT/M&C Neighbourhoods) Major Development Negotiated Negotiated Negotiated Negotiated Negotiated 5. Management/ Monitoring Fee £150/ clause RBK s106 total for standard charges £2975 £8150 £12550 £16600 RBK s106 £/sqm for standard charges £60 £113 £143 £163 Proposed Mayoral CIL (£35/sqm) £1750 £2520 £3080 £3570 Overall Total s106 + Mayoral CIL £4725 £10670 £15630 £20170
E1 APPENDIX E
MALDENS AND COOMBE NEIGHBOURHOOD COMMITTEE
15 JUNE 2011
MALDENS AND COOMBE – ELECTRIC VEHICLE CHARGING BAYS
REPORT BY THE DIRECTOR OF PLACE AND REGENERATION
SUMMARY
The Council is committed to reducing the environmental impact of the boroughs road transport in terms of air quality, noise and the wider climate as set out in the Kingston Plan and Local Transport Implementation Plan (LIP2). One of the key methods for doing this is to provide the necessary infrastructure and incentives for alternatively fuelled vehicles in particular electric vehicles.
Whilst there are relatively few electric vehicles in current use it is vital that the council provides the necessary infrastructure, that is, electric vehicle charging points (EVCPs), to re-assure residents that owning an electric vehicle in Kingston is possible and attractive.
This report proposes the first network of on-street electric vehicle charging bays to be established in Maldens and Coombe as part of a network of charge points in all the key district centres within the borough.
RECOMMENDATION
It is RECOMMENDED that a network of on-street electric vehicle charging points be established in Maldens and Coombe;
REASON FOR THE RECOMMENDATION
To facilitate the development of an on-street network of electric vehicle charge points ensuring the necessary infrastructure is in place to ensure the council meets the future demands of Kingston’s motorists.
BACKGROUND
1. Electric vehicles have been in use for many years; however it is only in recent years that they have become accessible to the everyday motorist. Advances in battery technology in particular have allowed electric vehicles to have ranges in excess of 100 miles on a full battery charge. All the major car manufacturers are investing in electric or hybrid vehicles with many new electric vehicles coming to the market this year.
2. The borough has been designated an Air Quality Management Area. The primary cause of poor air quality in the borough is due to road vehicles tailpipe emissions. It should be a priority to try to reduce the number of vehicles using our roads however cars will always be a key method of transport in the borough for the foreseeable future. Our next priority therefore should be to limit the impact of the vehicles that are on the road. Electric vehicles have no tailpipe emissions therefore have no impact on air quality in the borough. The limited range and positive effect on air quality make electric vehicles perfect for city driving. E2
3. Electric vehicles produce fewer CO 2 emissions than traditional petrol/diesel vehicles. They are not zero carbon as often stated because the electricity is sourced from the national grid. However due to the efficiency of electric motors (~90%) compared to internal combustion engines (~30%) the total emissions including sourcing the primary energy, that is, coal, gas and other materials for power plants are approximately half that of conventional petrol/diesel cars ( King Review, 2007) . Battery disposal has been historically difficult, however manufacturers have put massive effort in reducing this problem, for example the Nissan Leaf has a battery that is over 95% recyclable ( Nissan) .
4. At present there are very few owners of electric vehicles in the borough or London as a whole. Research shows that one of the biggest barriers to people wanting to buy an electric car is range anxiety. This is a concern that if you take your car out there will be nowhere to charge it up if you need to. It is therefore essential to provide charging points across the borough so that people will be confident that if they need to they can charge their car when, for example, out shopping in Kingston.
5. The council has signed up to Source London, a pan-London agreement between London boroughs which allows members of the scheme to use any charge point across the boroughs. The scheme costs £100/year and is due to be launched in summer 2011. The scheme is administered by Transport for London (TfL). All charge points in the scheme will be branded so they can be easily recognised (Image 1 of Annex 1 ).
6. In order to incentivise the use of electric vehicles to improve air quality and reduce CO 2 emissions using a charge point is free if you are a member of Source London. Parking charges are set by individual boroughs, Kingston currently offers three hours free parking in our off-street charging bays. Electric vehicles are exempt from the congestion charge and vehicle excise duty. The government also offers a grant up to £5,000 towards the cost of an electric car. Once the number of electric car users reaches a certain level pay-as-you go charging will be introduced to the Source London scheme.
7. The Mayor of London has a target of 25,000 electric vehicle charge points in the capital by 2015. 1,300 of these would publicly accessible like the proposed points with the vast majority expected to be installed by businesses. The council has installed seven charge points in four car parks in Kingston town centre and New Malden. There are 12 other charge points in five car parks installed privately in Kingston town car parks (map of existing charge points Image 2 of Annex 1 ). There are currently no on-street charge points. On-street charge points provide a visible presence that demonstrates Kingston is a borough you can use an electric car in. They also clearly promote Kingston as a borough that is actively encouraging alternative vehicle technologies to improve its air quality and wider environmental impact.
8. By making our district centres accessible to electric vehicle owners there is an opportunity to make our shopping areas the destination of choice for electric vehicle owners, who would typically earn well above the average income. This opportunity has been recognised by some of the private car parks; in particular NCP who have installed charge points in St. James’ Road, Kingston and Fairfield, Kingston multi- storey car parks.
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PROPOSAL
9. This proposal is to establish a network of on-street electric vehicle charging point (EVCPs) in all district centres across the borough (Kingston town, Surbiton, New Malden, Tolworth and Chessington). This network will provide the necessary infrastructure to meet the changing demands of motorists in Kingston and the rest of London; providing the necessary incentive to promote the use of electric vehicles in the borough.
10. There are currently three off-street electric charge points in New Malden, all located in Blagdon Road multi storey car park. Due to the restraints on on-street parking in New Malden district centre no locations have been identified for on-street electric vehicle only bays as yet. This will be reviewed annually.
11. Any future proposals for additional car club bays within Kingston and Maldens and Coombe Neighbourhoods will be brought to this Committee. In addition, there may be future opportunities to require developers to introduce EVCPs as part of large new developments.
TIMESCALE
12. The principal of an on-street network of EVCPs will be in place immediately following Committee approval. The provision of on-street charging point infrastructure will be reviewed annually.
ENVIRONMENTAL IMPLICATIONS
13. The aim of introducing electric vehicle charging infrastructure is to incentivise the use of electric vehicles in the borough. Any switch from conventional petrol/diesel vehicles to electric vehicles will have a positive impact on the air quality and wider climatic emissions of the borough.
FINANCIAL IMPLICATIONS
14. The electric vehicle charging infrastructure is to be 50% funded by TfL and 50% by Plugged-in Places, a grant from national government won by a consortium of London boroughs and private companies.
15. All ongoing administration and maintenance costs will be reimbursed by TfL as Kingston is a member of the Source London scheme. All electricity costs from the charging points will be met by the borough. This cost will be minimal while the number of electric vehicle users is growing. It is expected that Source London will switch to a pay-as-you go system when the number of electric vehicle users is at a certain level.
NETWORK IMPLICATIONS
16. Research suggests that electric vehicle owners typically buy an electric car to replace an existing car; therefore no significant impact on the road network is expected as a result of encouraging electric car usage.
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Background Papers: held by Oliver Sutton (author of report), Climate Change Officer – 020 8547 5765, e-mail: [email protected]
• The King Review of low carbon cars: Part 1, October 2007. • Source London, https://www.sourcelondon.net/ • Nissan Leaf battery, http://www.nissan.co.uk/vehicles/electric-vehicles/electric-leaf/leaf • Investigation into the scope for the transport sector to switch to electric vehicles and plug-in hybrid vehicles, DBERR / DfT, October 2008. E5
Annex 1 Figure 1 – Image of branded Source London charge points
Figure 2 – Map of existing off-street charge points in Kingston and New Malden
F1 APPENDIX F
MALDENS AND COOMBE NEIGHBOURHOOD COMMITTEE
15 JUNE 2011
NEIGHBOURHOOD RANGERS
REPORT BY THE EXECUTIVE HEAD OF ENVIRONMENT
SUMMARY
Due to retirement the 0.5 FTE Neighbourhood Ranger post became vacant in November 2010 and due to recruitment restraint has been hel d vacant due to Council-wide recruitment restraint . Depending on year-end 2010/11 finances, recruitment restraint may be eased and this post recruited to.
In addition the van used by the ranger is nearing the end of its useful life and if the part time Ranger was appointed it would be prudent to lease a second vehicle.
The costs of the part t ime Ranger is £12,000 in salary costs with £3,000 for a leased van and this can be met within the current Neighbourhood Ranger budget .
Subject to the Committee’s views on whether it is appropriate to fill this post at present, the post would be offered on a fixed term one year contract with a view to the contract period being extended where finances allow.
A decision to appoint will be subject to confirmation that the final year -end figures for 2010/11 are within the expected range, as recruitment restraint remains in place until this time. Final year -end figures will be confirmed at the end of June 2011
RECOMMENDATION
1. It is RECOMMENDED that the recruitment of a second (0.5 FTE) Neighbourhood Ranger on a fixed term contract basis for an initial period of one year and leasing of an associated vehicle be approved.
REASON FOR RECOMMENDATION
To decide whether to begin recruitment to the vacant Maldens and Coombe Ranger post .
BACKGROUND
1. The Rangers are managed by the two Senior Street Scene Inspectors and work closely alongside Street Scene Inspectors and Compliance Officers, although the budget for the provision of the Rangers has remained within the Neighbourhood Budgets. The Rangers are seen to be a vital asset by the Neighbourhood Committees.
2. Since April 2008, Maldens and Coombe Neighbourhood has held sufficient salary provision for 1.5 x FTE Neighbourhood Rangers, along with minimal provision for transport and supplies/services costs.
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BUDGET ISSUES
3. The 0.5FTE Ranger has been held vacant since November 2010 giving a £11.5k saving in this Committee’s Rangers salary budget.
4. The 2011/12 Maldens and Coombe Neighbourhood Budget for the provision of the Rangers Service totals £50.4k. The breakdown is: a. Salary £43.2k b. Transport £ 3.0k c. Supplies £ 4.2k
5. Current salary costs for the Ranger in post are estimated at £24.7k. The addition of a second (0.5FTE) Ranger would cost an estimated additional £12k per year, totalling £36.7k for salaries, leaving £13.7k budget remaining.
6. The Renault Kangoo Van used by the Maldens and Coombe Neighbourhood Ranger is around nine years old and is reaching the end of its useful life. The vehicles budget also contains a quarter share of the lease costs of the large Tipper Van used by all four Neighbourhoods to supplement the Ranger Service. Current shared use of the Tipper Van costs £2.1k per year.
7. Should a second Ranger be appointed, in order to maximise the efficiency of the Rangers service it would be prudent to lease a second vehicle. The estimated cost is £3k per annum which can be met by the current service budget. If the current vehicle does not require replacement in 2011/12, ongoing maintenance costs would be around £2k. which can also be accommodated within the existing budget. Consideration should be given to the associated current and future vehicle costs for the service provision along with equipment and other associated costs
8. Currently, the Neighbourhood Budget underspends for 2010/11 will go to address Council-wide budget pressures. At the end of 2011/12, however, any underspend in this budget may be available to off-set Neighbourhood budgetary pressures elsewhere, dependent upon guidance from the Policy and Resources Committee.
TIMESCALE
9. Any recruitment process will not be able to begin until the year-end figures are known at the end of June. It would then be normal to expect a period of two-three months before the post was filled, depending on the notice period required of the successful applicant. It would therefore be realistic to expect that the successful applicant could be in post by early October.
ENVIRONMENTAL IMPLICATIONS
10. The additional vehicle would potentially increase the Council’s Carbon Footprint. A second Maldens and Coombe Ranger will potentially make a general improvement to the public environment, although difficult to quantify.
Background papers : held by Matthew Jezzard – Service Manager Street Scene (Report Author) – 020 8547 5895, e-mail: [email protected] Rangers Review Conclusions - July 2008 OCP1 Customer First BPRE Final Recommendations – April 2010 G1 APPENDIX G
MALDENS AND COOMBE NEIGHBOURHOOD COMMITTEE
15 JUNE 2011
SHORT FRONTAGE DESIGNATIONS 77 QUEENS ROAD, NEW MALDEN, 81 KINGS AVENUE, NEW MALDEN
REPORT BY THE EXECUTIVE HEAD OF ENVIRONMENT
SUMMARY The Council’s policy for the provision of off-street parking, and the subsequent construction of vehicle crossings, was reviewed and adopted by the Executive on the 4 November 2008. Part of the policy dealt with the situation where the depth of the proposed off-street parking space did not meet the accepted standard of 4.57m, this being known as a “Short Frontage”.
The policy states that an application to construct a vehicle crossing which serves a short frontage is to be rejected. However, the Executive allowed for the appropriate Neighbourhood Committee to consider the history and relevant circumstances of a particular case and, should they so wish, to designate an individual property, a row of properties or a whole street as being suitable for short frontage parking. Once designated, the application for a property would proceed in the normal way subject to a ‘short frontage agreement’ and other provisions of the policy.
Requests have been received from the owners of 77 Queens Road and 81 Kings Avenue for their cases to be considered by the Committee and the properties designated to allow ‘short frontage parking’.
RECOMMENDATIONS
It is RECOMMENDED that:
1 Nos. 54-74 and 57-95 Queens Road are designated to permit ‘short frontage parking’
2 the application by 81 Kings Avenue be refused due to the access restraints caused by the street tree and having a ‘short frontage’.
REASON FOR RECOMMENDATIONS
To enable these and future applicants requesting the construction of a vehicle crossing to receive an appropriate response to their application and circumstances.
Photographs illustrating the application are circulated to Committee Members as Annex 1 and are also available with the agenda on the website.
BACKGROUND
1. Following a review of the provision of off-street parking, and the subsequent construction of vehicle crossings, the Executive adopted a revised policy on 4 November 2008. Part of the policy dealt with the situation where the depth of the G2
proposed off-street parking space did not meet the accepted standard of 4.57m, this being known as a “Short Frontage”.
2. The Council’s policy states –
17. As the general Borough policy, an application to construct a vehicle crossing for a property that has a parking area smaller than 4.57m long by 2.4m wide (measured at right angles to the highway) shall be rejected.
3. However, the Executive were mindful that the previous policies had allowed short frontage parking, subject to a “short frontage agreement”, for a considerable number of years. There could, therefore, be instances where history and/or local circumstances were such that short frontage parking is of general benefit to the community as a whole as well as the resident. In order to address these instances, the Council’s policy enables the Neighbourhood Committees to consider and designate properties and/or streets as allowing short frontage parking.
4. It is also a requirement for the applicant to enter into a ‘short frontage agreement’, which is registered with Local Land Charges, in order to regulate the size of vehicle being parked. The Council’s short frontage agreement has recently been reviewed by Legal Services and amendments made to assist in any necessary actions should the applicant, or their successor, fail to comply with its conditions.
PROPOSALS
Queens Road
5. Queens Road was originally laid out and partially developed (northern half) in the early 1900s. These houses (Nos. 1-55 and 2-52) have an extremely small depth of front garden which is not sufficient for off-street parking. Further housing development (southern half) took place between 1913 and 1932. The houses were set further back from the road (Nos. 54-90 and 57-95) and have bay windows. It has a substantial width of carriageway for a residential street (7.5m at this location). However, commonly for this period, the properties have ‘short’ front gardens and often bay windows. On-street parking is common and occurs on both sides of the road. There are no formal parking restrictions. Queens Road is now a “no through road” accessed from Burlington Road, having had its junction with the A3 closed. There are some 17 recorded vehicle crossings already constructed for off-street parking in the southern half of the road. Nos. 76-90 were considered by the Committee at its meeting of 23 June 2004 and consequently designated to allow ‘short frontage parking’.
The Application
6. An application to construct a vehicle crossing has been received from No. 77 and in compliance with the Council’s policy, was initially refused due to the available depth of parking area being less than 4.57m (in this case 4.0m). However, the resident has made representations to the Council and, on this occasion, it is felt appropriate that the Committee consider designating it for ‘short frontage’ parking.
7. The type of properties in the southern half of Queens Road are all of a similar type, that is, blocks of terraced houses running parallel with the road. Front garden
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layouts are also of consistent size and depth from the back of footway to the building. As over 50 per cent of the properties already have vehicle crossing, it is likely that further applications will be made in the future. The Committee is therefore asked to consider designating Nos. 54-74 and 57-95, so that future applications can be dealt with immediately, without the need to repeatedly report to the Committee on an individual property basis.
Kings Avenue
8. Kings Avenue was originally laid out and partially developed along its whole length in the early 1900s. Further housing in-fill development took place between 1913 and 1932. The house types are varied with some terraced, some semi-detached and some detached. It has quite a generous width of carriageway for a residential street (7.2m at this location). This was obviously more than suitable width, at that time they were built, but commonly for this period the properties have ‘short’ front gardens and often bay windows. On street parking is common and occurs on both sides of the road. There are no formal parking restrictions. Kings Avenue is near to New Malden Station and therefore could suffer a degree of commuter parking. There are some 41 recorded vehicle crossings already constructed for off-street parking in the road. Nos. 12-70 and 13-69 have already been considered by the Committee and were designated to allow ‘short frontage parking’ at their meeting of the 23 June 2004. Nos. 75-85 were not included at that time.
The Application
9. An application to construct a vehicle crossing has been received from No. 81 and in compliance with the Council’s policy, was initially refused due to the available depth of parking area being less than 4.57m (in this case only 3.5m). There is also a maturing street tree in front of the property. However, the resident has made representations to the Council, via one of the Ward Councillors and thus it is felt appropriate that the Committee consider the application to consider the ‘short frontage parking’ and restraints caused by the position of the street tree. 10. Although most of Kings Avenue has already been designated by Committee to allow “short frontage” parking, Nos. 75 to 89 were not included. However, previous colleagues, who had been responsible for the service, incorrectly gave permission and constructed crossing for Nos. 79, 83 and 87 in 2007/08. This was contrary to the Policy. It is, therefore, understandable why the applicant would have concluded there should not have been a problem. Saying that, the guidance information given to the applicant does say that the application will initially be refused pending, if the officer feels it appropriate, “Short Frontage” designation. For all intents and purposes, this would be straightforward if the gardens were larger but they are very short, i.e. approx 3.5m (11’ 6”) and the reason they were not designated when the rest of the road was.
11. There is also a street tree immediately outside the property that is restricting access. To maintain a 600mm “safety zone” for tree root growth (this is less than the desired 1m) and provide the usual splay to enable the dropped kerbs to be installed, the opening in the boundary would only be 1.8m wide, instead of the usual 2.4m. It is therefore felt that the tree would need to be removed for a standard crossing to be constructed. The Council’s Arboriculturalist is concerned about removing the tree for two main reasons - firstly, as the tree is a good specimen, is healthy and of amenity value and is likely to have been a replacement tree itself,
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secondly, he is not confident that suitable alternative locations could be found in Kings Ave, should Committee decide the tree can be removed. It is already the case that some areas along the road have seen the permanent removed of trees for vehicle crossings, so the net outcome is that there are less street trees along the road and the original character of a tree lined avenue is being compromised.
TIMESCALE
12. Should the Committee be minded to designate the properties to permit short frontage parking, the resident will be informed immediately and the vehicle crossing will be constructed within eight weeks of receipt of payment of the appropriate costs.
FINANCIAL IMPLICATIONS
13. There are no financial implications on the Neighbourhood Committee’s budgets. The applicant bears the costs of the works and administration.
ENVIRONMENTAL IMPLICATIONS
14. There will be no significant implications to the environment. New planning regulations are now in place to promote the installation of sustainable drainage for hard standing to reduce surface water run-off and sewer surcharging. Queens Road - In this particular case the boundary was opened up and hard standing laid down prior to these regulations. No street trees will be removed or affected. Kings Avenue - The construction of the vehicle crossing, so close to a maturing street tree, is not considered to be desirable for the health of the street tree and could lead to the crossing suffering future damaged due to tree root growth
NETWORK IMPLICATIONS
15. There will be no significant implications to the network as a whole. There will be less obstruction/conflict for vehicles at this location due to the proposed crossing position and extent of current parking restrictions.
Background papers : held by David White, Service Manager (Highway Assets), Author of the report – 0208 547 5909, [email protected]
• Off-street parking and vehicle crossing policies – previous and current
G5 Annex 1
No. 81 Kings Avenue
No. 81 Kings Avenue
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No. 81 Kings Avenue
Looking east along the street (near No. 81)
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Looking west along the street (near No. 81)
No. 87 Kings Avenue
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No. 83 Kings Avenue
G9 Annex 1
Nos. 77 Queens Road
Looking south along the street (near No. 77)
G10
Looking north along the street (near No. 77)
No. 63 to 67 Queens Road
G11
Nos. 84 and 86 Queens Road
Queens Road looking south from Burlington Road
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Queens Road look north towards Burlington Road
H1 APPENDIX H
MALDENS AND COOMBE NEIGHBOURHOOD COMMITTEE
15 JUNE 2011
COOMBE ESTATE – REVIEW OF ROAD MAINTENANCE APPORTIONMENTS FOR SCHEDULED PREMISES
REPORT BY THE EXECUTIVE HEAD OF ENVIRONMENT
SUMMARY
As a consequence of the Maldens & Coombe Urban District Council Act of 1933 (the 1933 Act) the then Council purchased the Estate roads listed in Schedule 1 of the Act. The maintenance of the roads and the method of apportioning the annual roads maintenance charge are set out in Section 11 of the 1933 Act. In 1933 the overwhelming majority of the charge was levied against properties that fronted the Scheduled Roads, in proportion to the length of their frontage. In 1933 there were only two Scheduled Premises. Subsequent to the 1933 Act, the Estate saw the start of a continuing trend of redevelopment and construction of New Roads. Properties served by these New Roads were defined in the 1933 Act as being Scheduled Premises and therefore the “rules” governing the way the charges were to be apportioned needed to be determined. These were set out in Council resolutions of 1955. Since then the Estate has seen considerable diversity in the type and density of property development and, as a result, these rules have become increasingly difficult to apply in a consistent and equitable way. It is therefore considered necessary and appropriate to undertake a review of how the charges should be apportioned for Schedule Premises.
RECOMMENDATIONS
It is RECOMMENDED that
1. Each property/premise on the Estate shall be designated as either a Scheduled Premise or Frontage Property. 2. Any Scheduled Premise with a direct frontage on to any of the Scheduled Roads shall not be charged for that frontage. 3. The overall proportion of the annual charge assigned to the Schedule Premises shall be equal to that of the total current proportion. 4. The total current proportion assigned to Scheduled Premises shall be divided by the current number of Scheduled Premises to determine an “assumed frontage” for each and all Scheduled Premises. 5. The “assumed frontage” will be assigned to any new Scheduled Premises.
REASON FOR RECOMMENDATIONS
So that the annual roads maintenance charge can be apportioned to the Scheduled Premises in a manner that better reflects the similar benefits they enjoy from using the Estate’s Scheduled Roads.
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BACKGROUND
1. The 1933 Act allows for the cost of maintaining the Coombe Estate Scheduled Roads to be charged “in such proportions as the Council may from time to time consider reasonable on the scheduled premises and as to the remainder on the premises fronting or abutting on any of the said roads in proportion to the frontage of the respective premises.”
2. “The said roads” were listed in the First Schedule as being: • Warren Road • Warren Cutting • Golf Club Drive from Coombe Hill Road to a point at or near the northern extremity of the property known as Castlecombe • Road commencing in Warren Road at a point 70 yards to the north of George Road and proceeding in a north-easterly direction to Golf Club Drive • George Road from a point 35 yards to the east of the intersection of the centre lines of Renfrew Road and George Road to Warren Road • Renfrew Road • Stoke Road • New road commencing at the northern extremity of Stoke Road and proceeding in a westerly direction for a distance of 100 yards • Brook Gardens.
3. The scheduled premises were listed in the Second Schedule as being: • Cambridge Cottage, Warren Road • A piece of land at the rear of Four Acres and Coombe Neville George Road.
4. Section 11 (6) states “If any new road is made which communicates with one or more of the scheduled roads the premises fronting or abutting on such new road shall for the purposes of this section be deemed to be scheduled premises.”
5. In 1955 Ballard Close was constructed and the properties designated as scheduled premises. The then Council resolved a method of apportioning the maintenance costs to the properties fronting the new road and any future New Road:
“RESOLVED to recommend (a) that the following method be adopted with regard to the apportionment of the charge in respect of Ballard Close:-
(i) that the total length of the frontage of Ballard Close on both sides from its junction with Warren Road be measured; (ii) that the total frontage of the Coombe Estate Roads be added to that figure and divided into the estimate of cost of maintenance of the Scheduled Roads in order to arrive at a unit rate per foot; (iii) that the total frontage of Ballard Close be multiplied by the unit rate in order to determine the charge to be made against the respective Scheduled Premises; and (iv) that the apportionment of the charge amongst the respective premises in Ballard Close be obtained by dividing the number of Scheduled Properties into the amount of the charge;
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and (b) that the principles outlined in (a) above be applied in respect of any further new roads affected by the provisions of the Act.”
6. One property, Dingle Cottage, although being part of the development (Plot 12) was not served by Ballard Close and did not front George Road from which access to the property was gained. The Council considered Dingle Cottage as a scheduled premise and resolved a specific method of apportionment, known as an “assumed frontage”:
“RESOLVED to recommend that for the purposes of The Maldens and Coombe Urban District Act 1933, (a) the premises in process of erection on plot 12, George Road, be treated as Scheduled Premises; and (b) that the apportionment of the maintenance charge be assessed on an assumed frontage of the width of the plot.”
7. In 1935 there were some 62 properties on the Estate of which two (3.2%) were Scheduled Premises. There are now 283 properties of which 166 (58.7%) are considered to be Scheduled Premises. Since 1955 numerous developments, re- developments and conversions have taken place on the estate creating new roads, “back developments” and apartments. As the apportionment for these new Scheduled Premises has been made based upon the above resolutions and principles, the proportion of the charge levied is more dependent upon property size or road length rather than by the level of use. There are also certain ambiguities in the phrasing of the 1933 Act that has led to some properties contributing both as Frontage Property and Scheduled Premises, which again bears no relationship to the level of use but property size and/or location.
CONSIDERATIONS
8. The main aim of this review is to produce a set of rules that better relates the proportion of the annual charge paid by a property, to the level of use that property makes of the Scheduled Roads. However, there are a number of constraints that will inevitably lead to a degree of compromise and/or possible conflict, namely:
• The primary rules for apportioning the annual charge are contained in the 1933 Act. The Council does not have the discretion to change these. • The 1933 Act does allow the Council to determine the proportion of the annual charge levied against Scheduled Premises but not for Frontage Properties. • The 1933 Act does not take into account the nature/purpose of the properties. All properties are considered to have the same status, whether they are for commercial use or domestic use. • Previous apportionments may not have accurately reflected the apportionment rules in the 1933 Act and/or the 1955 Council resolutions. • Is it ‘correct’ that a property can or should have a dual status, namely Frontage Property and Schedule Premise?
9. As the apportionment rules differ for Frontage Properties and Schedule Premises, it is important to first determine what defines a Scheduled Premise as against a Frontage Property.
Scheduled Premises
10. Section 11(6) (see para. 4 above) states one principle that determines a scheduled premise but it does not define the criteria for a New Road. This continues to be the H4
subject of challenge from residents who contend their access road, whether shared or not, is a private drive and not a new road. Looking at the original designation of the two scheduled premises named in the 1933 Act neither had a direct frontage on to the scheduled roads (other than their access) and both were served by their own individual “access”. Again, in 1955 when Plot 12 (Dingle Cottage) was considered similar principles were used. It could therefore be argued that only those properties that still exist intact from 1933 are Frontage Properties and all others are Scheduled Premises, as they all have “new” accesses/roads. However, due to the history of previous designations and apportionments, this ‘argument’ will not be pursued.
11. There is another type of “premise” that the Act does not prescribe but is still required to “fit” the current rules. These are apartments or flats, whether purpose built, conversions of an existing property or as a separate entity within another property.
12. It is proposed to define Schedule Premises as: • premises whose primary access is not from a Scheduled Road • premises that do not have a direct frontage on to a Scheduled Road, other than their access (back development) • apartments and flats forming separate and independent dwellings • premises/properties with a shared access
Dual Status
13. Consideration needs to be given to the question as to whether it is reasonable for a property to have dual status, i.e. Scheduled Premise and Frontage Property. The Act was worded in such a way as to reflect the circumstances at that time namely the original Scheduled Premises did not front/abut the Scheduled Roads. The Act however states “as to the remainder on the premises fronting or abutting on any of the said roads” . Some Scheduled Premises, as part of a New Road development, also front/abut a Scheduled Road. Dual status does not seem to have been envisaged when the 1933 Act was drafted.
14. The Act provides for and defines only two property types and two ways of charging. It is now considered appropriate to define the properties on the Estate as either a Frontage Property or a Scheduled Premise but not both.
Brook Gardens/Golf Club Drive
15. A number of residents, who use the above roads to access their properties, have expressed a belief that they should pay a reduced proportion of the annual charge because these roads do not form part of the “main estate”. The 1933 Act, however, does not differentiate between any of the Schedules Roads, both in terms of the “right of using” and/or the methodology of apportioning the charge. All relevant persons on the Estate “shall for the purposes of going to and departing from such premises have the right of using with or without vehicles such of the said roads as may be convenient for that purpose” . With regard to the annual charge, the 1933 Act states, “as to the remainder on the premises fronting and abutting any of the said roads in proportion to the frontage of the respective premises” . It is therefore not within the Council’s discretion to withdraw either the right of using the Scheduled Roads or to treat the Frontage Properties of these roads any differently when calculating the annual charge apportionment. The Council do have the discretion to reflect the expressed view when considering the Schedule Premises, H5
served by these roads, but it is difficult to see any justification to do so, given the ‘equal’ manner in which the Frontage Properties have to be dealt with.
Footpath between Edgecombe Close and Warren Cutting
16. Due to a number of historical reasons, the footpath between Edgecombe Close and Warren Cutting has arguably become an anomaly. It originally existed in the late 1800s as a woodland track in the Coombe Wood. By 1913 a large part of Coombe Wood had given way to the Coombe Hill Golf Club, with the woodland track still in existence within woodland. By 1933 the woodland area to the north of the Club House had been developed. At this time Warren Cutting was laid out and the first section of the woodland track (approximately 110 yards) was improved/widened to give access to what was then Little Coombe. The remainder of the woodland road became the footpath. From the schedule of roads in the 1933 Act both the first 110 yards of improved road and the footpath were included, i.e. “Road commencing in Warren Road at a point 70 yards to the north of George Road and proceeding in a north-easterly direction to Golf Club Drive” .
17. At some time in the past, the footpath was not considered to be “relevant” for the purpose of measuring property frontages and this continues to be the case at present. However, this is at odds with the manner in which the 1933 Act prescribes the apportionment, namely. “ on the premises fronting or abutting on any of the said roads in proportion to the frontage of the respective premises.” Regrettably, by applying the correct apportionments three Frontage Properties - 5 Edgecombe Close, Little Coombe and Sandy Holt - will see a substantial increase in the contributions.
Commercial Properties
18. Although, whether perceived or actual, the commercial properties generate greater traffic volumes in proportion to their contribution to the annual charge than the domestic properties, the rules of the 1933 Act must still apply. The Council is not in a legal position to alter this and to impose a higher level of charge. It would require voluntary agreements with the commercial properties to alter the proportions they pay.
PROPOSAL
19. Having considered the above, the following conclusions have been made:
• To improve the parity of contributions, the apportionment of the annual charge should be based, where possible, on the number of properties using the roads and not on property size and/or location.
• There should be no ‘dual status” of a Scheduled Premise and Frontage Property. A property is either one or the other.
• Each property is defined and recorded as either a Frontage Property or Scheduled Premise and this to be the case for any future development.
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• The contributions of the Frontage Properties will continue to be based upon the provisions of the 1933 Act, namely “ in proportion to the frontage of the respective premises.”
20. There would appear to be a number of possible ways in which the apportionment of the annual charge for Scheduled Premises could be calculated:-
1) By simply using the number of properties - apportioning 41.3% (117) of the charge to the Frontage Properties and 58.7% (166) to the Scheduled Premises divided equally between them.
This would result in the Schedule Premises as a whole paying a greater proportion than at present.
2) By calculating the average Frontage Property frontage and assigning this as an “assumed frontage” to all the Scheduled Premises.
This would result in an “assumed frontage” of 49.4 metres and again result in a greater proportion of the annual charge being paid by the Scheduled Premises than at present.
3) By ignoring the ten largest and ten smallest frontages and then calculating the average Frontage Property frontage and assigning this as an “assumed frontage” to all the Scheduled Premises.
This would result in an “assumed frontage” of 32.8 metres and again result in a greater proportion of the annual charge being paid by the Scheduled Premises than at present.
4) By calculating the average current Schedule Premise frontage (assumed or actual) and assigning this as an “assumed frontage” to all the Scheduled Premises.
This would result in an “assumed frontage” of 28.7 metres with no change for the Frontage Properties and the Schedule Premises paying the same overall proportion but individual premises paying more or less than at present. The benefit is that there is a greater parity for the Scheduled Premises reflecting a similar level of use. Any new Scheduled Premise will be assigned this “assumed frontage”, regardless of property characteristics, to the benefit of all Estate properties.
21. To ensure that neither the Frontage Properties nor Scheduled Premises gained any advantage and/or disadvantage as a result of the “rule” changes, option 4) would seem the most appropriate approach.
22. Preliminary consultation has taken place with a number of stakeholders, including:
• The Borough’s Legal Services and Counsel • The Malden and Coombe Residents’ Association and • Ward Councillors. H7
All the Estate properties have been sent a letter and report to inform them of the proposed rule changes and the resultant apportionment change to their property. The letter also confirms whether the property is considered as a “Frontager” or a “Scheduled Premise”
TIMESCALE
23. If the proposed changes to the apportionment rules are agreed, then the new rules will be used to apportion and calculate last year’s (2010/11) roads maintenance charges. Invoices for these charges would normally be issued in June but these will be subject to a short delay pending the Committee decision process.
FINANCIAL IMPLICATIONS
24. There are no direct financial implications on either the Council or Neighbourhood Committee. The Coombe Estate Charges are managed on a rechargeable basis to all relevant properties and thus has a zero budget.
ENVIRONMENTAL IMPLICATIONS
25. There are no environmental implications.
EQUALITY IMPLICATIONS
26. There are no equalities implications.
Background papers : held by the author of the report, David White, Service Manager (Highway Assets) – tel 0208 547 5909 , e-mail: [email protected]
• Maldens & Coombe Urban District Council Act 1933 • Maldens & Coombe Urban District Council committee resolutions of 1955 • Briefing paper and letters sent to all properties I1 APPENDIX I
MALDENS AND COOMBE NEIGHBOURHOOD COMMITTEE
15 JUNE 2011
2012 -13 LOCAL IMPLEMENTATION PLAN (LIP) FUNDING APPLICATION
REPORT BY THE DIRECTOR OF PLACE AND REGENERATION
SUMMARY
The Council is required to make a LIP funding application to Transport for London (TfL) by 7 October 2011, in order to secure funding for local transport initiatives in 2012/13.
The Council has been awarded £2,083,000 for the 2012/13 financial year, based on the TfL needs-based formula: Neighbourhoods & Corridors and Smarter Travel – £1,544,000 Local Transport Funding – £100,000 Principal Road Maintenance - £439,000 [The LIP Major Scheme allocations and Maintenance allocations for bridges will be made known to the Borough later in the year.]
The report sets out which schemes officers recommend should be implemented during 2012/13, along with indicative funding requirements for continued funding for these schemes in 2013/14. The methodology for how schemes were prioritised is set out in this report. A list of reserve schemes is also presented, in accordance with the TfL guidance.
Neighbourhood Committees are invited to express their views on which local transport initiatives should be included on the proposed 2012/13 prioritised list. Members should consider 2012/13 schemes only (Year 1 & 3 of LIP2 are shown for completeness).
The full Borough-wide prioritised listing will be considered by the Place and Sustainability Committee on 8 September 2011, as will any views expressed by the Neighbourhood Committees, and the Policy and Resources Committee on 29 September 2011.
RECOMMENDATIONS
It is RECOMMENDED that the prioritised scheme lists included in ANNEX 1 be supported and any comments of the Committee be reported to the Place and Sustainability Committee on 8 September 2011 and Policy and Resources Committee on 29 September 2011.
REASON FOR RECOMMENDATIONS
To agree the scheme priorities for consideration by Place and Sustainability Committee on 8 September 2011 and Policy and Resources Committee on 29 September 2011.
BACKGROUND
1. In RBK’s Second Local Implementation Plan (known as LIP2), the Borough determined a number of transport programmes in the Programme of Investment to provide the framework for delivery of LIP funded transport schemes from 2011/12 to I2
2013/14. These RBK programmes were thought to best address the local transport problems and issues in the borough. These are:
i. Strategic Transport Programme ii. Neighbourhoods Programme iii. Smarter Travel Programme iv. Maintenance Programme v. Major Schemes Programme
2. TfL announced an indicative three-year LIP funding settlement for the Borough during 2010 (for 2011/12 to 2013/14), including some adjustments following the Government’s Comprehensive Spending Review 1. The Borough-agreed budget ceilings for the above programmes are within the context of these funding levels.
3. For 2012/13, which represents the second year of LIP2, TfL has so far ring-fenced £2,083,000 for the Borough, based on a new ‘needs-based’ formula allocation applied to their overall London-wide funding pot. Broken down as follows: (N.B these are TfL budget heading -not to be confused with RBK’s programme headings): a. Corridors and Neighbourhoods and Supporting Measures - £1,544,000 b. Local Transport Funding Programme – £100,000 c. Principal Roads Maintenance - £439,000
4. The Council is now required to submit a list of transport initiatives for 2012/13, including associated costs, by 7 October 2011 within the above financial frameworks. A list of reserve schemes is also required.
5. TfL will then assess the initiatives submitted. TfL will only query or reject initiatives if they do not comply with the Mayor of London’s Transport Strategy.
6. These allocations will be supplemented later in the year with further LIP funding announcements from TfL under the budget headings of Bridge Strengthening and Major Schemes. The Committee will be informed of these in due course.
7. Funding for Principal Road Maintenance and Bridge Strengthening schemes will continue to be allocated by TfL on the result of condition surveys.
8. RBK will be seeking ongoing funds for Major Schemes, with Tolworth Broadway being the priority. RBK will also seek Major Scheme funding going forward for Kingston Ancient Market Place, Surbiton Project, and Kingston Station.
PROPOSAL
9. Officers have prepared a long list of transport initiatives within the above framework for 2012/13. This long-list represents a value greater than the indicative funding the Borough has been allocated. With the responsibility for prioritising the long list now within the Borough and not TfL, a systematic and logical methodology was developed to prioritise these schemes. This will ensure that lower priority schemes
1 For the first year of LIP2 (2011/12) Committee has already endorsed a programme of schemes. These are schemes currently being delivered.
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are phased in for later years, and schemes which do not meet the Mayor of London’s transport Goals and Outcomes are ruled out altogether.
10. Officers have prioritised the long-list of schemes along the following basis (grounded in guidance from the Department for Transport):
a. Priority schemes will be those that have already been programmed to continue into 2012/13. For example they could be schemes which will complete detailed design in 2011/12 and then require implementation in 2012/13, or could be schemes which require additional funding to complete implementation.
b. Consideration has been given to the Mayor of London’s transport Goals and transport Outcomes, as well as our own LIP Objectives, given that this will be where TfL make the assessment.
c. Consideration has been given to the value for money these schemes represent (i.e. the balance between the number of people the scheme will benefit against the cost, as well as the severity of the issue that needs to be addressed).
d. Consideration has also been given to the key delivery risks (practical, financial, political, public acceptance).
RECOMMENDED 2012/13 PROGRAMME
11. The recommended priorities together with a list of reserve schemes are shown in ANNEX 1. Annex 1 also shows future funding requirements of the 2012/13 schemes, however not any new schemes for 2013/14.
12. Members are asked to consider 2012/13 schemes only at this stage. The funding for 2011/12 has been summarised for completeness – these have already been endorsed by Committee and are currently being delivered, Indicative requirements for 2013/14 are also shown but Members should note that they will be able to determine the 2013/14 Programme around June 2012.
13. The Principal Road Maintenance Schemes being delivered in 2012/13 will be confirmed later this year.
TIMESCALE
14. Maldens and Coombe and Surbiton are the first in the cycle of Neighbourhood Committees to consider this report on 15 June 2011. The report goes to Kingston Town and South of the Borough Neighbourhood on 28 June 2011. The views expressed by the four Neighbourhood Committees will be reported to the Place and Sustainability Committee on 8 September 2011 and the Policy and Resources Committee on 29 September 2011.
15. The timetable for the 2012/13 LIP funding application is set out in Figure 1 below. The key action will be to submit a scheme list by 7 October 2011.
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Figure 1: Kingston 2012/13 LIP Funding Submission Timetable June 2011 to April 2012
Date Action Required
15 & 28 June 2011 Neighbourhood Committee sign-off of 2012/13 schemes
8 September 2011 Place and Sustainability Committee sign-off of 2011/12 schemes and make a recommendation to submit the bid to TfL
29 September 2011 Policy and Resources Committee approve the submission of the bid to TfL 7 October 2011 TfL Submission Deadline October to TfL review submission and discuss any issues arising from December 2011 this review process December 2011 (tbc) TfL will confirm plans for schemes/intervention delivery to enable RBK to commence planning
February 2012 Neighbourhood committee advised of 2012/13 Programme 20 March 2012 Place and Sustainability Committee advised of 2012/13 Programme 27 March 2012 Policy and Resources Committee advised of 2012/13 Programme April 2012 2012/13 LIP Programme commences (Year 2 of the 3 year LIP2 Programme of Investment)
FINANCIAL IMPLICATIONS
16. TfL is still reviewing LIP funding, so further announcements are possible. The Committee will be advised of any significant changes.
17. If a scheme cannot be delivered then reserve scheme(s) will be used in its place.
18. As one of the Mayor of London’s Biking Boroughs, RBK has also been allocated additional funding to implement cycling schemes. The Borough has been indicatively awarded a total of £450k over 3 years (£100k in 2011/12, £210k in 2012/13 and £140k in 2013/14). The significant portion of this funding is proposed be spent on improving cycle infrastructure in Kingston Town Centre, which has been identified as the Borough’s cycling “hub” and detailed reports will be submitted to Kingston Town Neighbourhood for approval in due course. Additional funding in 2012/13 will be spent on additional supporting measures such as cycle training and promotion of cycling, particularly in connection with the Olympic Cycling Events that will take place in Kingston in 2012.
ENVIRONMENTAL IMPLICATIONS
19. The schemes are framed around programme headings set out in LIP2, which has been subject to a Strategic Environmental Assessment.
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20. Environmental impacts will nevertheless be investigated during the scheme planning and design stage.
21. The environmental implications of each scheme will be reported when reports on individual schemes are submitted to the Committee.
NETWORK IMPLICATIONS
22. The network implications of each scheme will be reported when reports on individual schemes are submitted to the Committee
EQUALITY IMPACT ASSESSMENT
23. The schemes are framed around programme headings set out in LIP2 where a full Equality Impact Assessment (EqIA) was undertaken.
24. Nevertheless any EqIA issues will be considered and addressed on a scheme by scheme basis.
Background papers : held by John Bolland – 020 8547 4691, e-mail: [email protected]
• LIP Funding Guidance (Transport for London) – May 2011 • LIP2 Public Consultation Draft Link: http://www.kingston.gov.uk/browse/transport_and_streets/local_implementation_plans/l ip2_public_consultation.htm
Other contributors: Chris Harte 020 8547 5962, email [email protected]
KINGSTON ANNUAL SPENDING SUBMISSION 2012/13 ANNEX 1 Funding Required (£,000s) TfL Budget
RBK Overarching RBK Overarching Heading Programme Ref. Scheme Scheme Name and Description Neighbourhood/Borough-wide LIP YEAR 1 (2011/12) LIP YEAR 2 (2012/13) LIP YEAR 3 (2013/14) Year Three Total Cor, and Neigh Sup. M TransportLocal Fund (£100k) Principal Road Maintenance A2043 & BURLINGTON ROAD - The funding would be used to 120 120 0 240 ü continue with the implementation of measures identified in 2010/11 for 8-9 junctions along the A2043 (with special consideration to the Fountain Roundabout area, where a majority of collisions occurred). Measures will include Pedestrian refuges; Signage improvements; Road condition Maldens and Coombe / Kingston
1 I6 improvements; Road marking and traffic lane marking Town improvements; and Relocation / reconfiguration of signals. There is a potential linkage of this proposal with a new major scheme in the area. Opportunity will be taken to revisit the provision of a second pedestrian refuge near to St John's Road including relocation of bus stop. 50 250 250 550 ü STRATEGIC ROUTE 5 (A240) EWELL ROAD CORRIDOR PACKAGE - This corridor forms part of the A240, which
STRATEGIC TRANPORT PROGRAMME TRANPORT STRATEGIC provides the main link between the A3 at Tolworth and Kingston town centre passing through a number of shopping areas including Tolworth Broadway. The route is used by bus routes 281 (24 hour), 406, 418, K1(part) and K2 (part). 2 Surbiton / South of Borough Funding will be used to implement a comprehensive package of measures to improve the corridor. The review of bus priority measures will pick up all the issues associated with the uses of the street including the operation of the bus lanes, parking, pedestrian crossings; and public realm improvement at the shopping parades. KINGSTON ANNUAL SPENDING SUBMISSION 2012/13 ANNEX 1 Funding Required (£,000s) TfL Budget
RBK Overarching RBK Overarching Heading Programme Ref. Scheme Scheme Name and Description Neighbourhood/Borough-wide LIP YEAR 1 (2011/12) LIP YEAR 2 (2012/13) LIP YEAR 3 (2013/14) Year Three Total Cor, and Neigh Sup. M TransportLocal Fund (£100k) Principal Road Maintenance 125 20 0 145 ü SMOOTHING TRAFFIC FLOW ON NEW MALDEN HIGH STREET (STRATEGIC ROUTE 7) - New Malden High Street is a busy road, with many well frequented shops. It also serves the 213 and K1 bus routes. At busy periods traffic using the High Street can experience long delays in both directions due I7 to problems with the A3 or at the Fountain Roundabout. The original scheme funded by TfL which included removal of bus lay-bys has led to congestion problems. Funding will therefore be used to implement measures to smooth traffic flow on the 3 Maldens and Coombe New Malden High Street corridor, such as the realignment of kerbs and road space (including reintroducing recessed bus bays and signals). An additional £20k is included for 2012/13 to ensure sufficient funds exist to complete works that are
STRATEGIC TRANPORT PROGRAMME TRANPORT STRATEGIC unlikely to start until after Christmas and which will continue in to the new financial year. Please note this level of funding will NOT allow for the full reconstruction of the carriageway. Instead the full reconstruction will form part of an application for RBK Capital funding during LIP2
40 0 0 40 ü N/A BRIDGE ROAD - to be completed in 2011/12 South of the Borough 80 30 TBC- 110 ü HOLLYFIELD SCHOOL / KING CHARLES ROAD CYCLING - pending Funding will be used to implement a scheme to improve the Biking 4 Surbiton cycling and walking route between the school and King Charles Borough Road to deal with the barrier created by the narrow rail bridge. funding announc KINGSTON ANNUAL SPENDING SUBMISSION 2012/13 ANNEX 1 Funding Required (£,000s) TfL Budget
RBK Overarching RBK Overarching Heading Programme Ref. Scheme Scheme Name and Description Neighbourhood/Borough-wide LIP YEAR 1 (2011/12) LIP YEAR 2 (2012/13) LIP YEAR 3 (2013/14) Year Three Total announc Cor, and Neigh Sup. M TransportLocal Fund (£100k) Principal Road Maintenance 0 0 ements 0 ü WOOD STREET J/W SKERNE ROAD CYCLING (LINK 122) - The scheme will provide an alternative east to west link along the northern section of the relief road joining Kingston Bridge to Kingston Station. Much initial work has been undertaken 5 already, however there are still signalling arrangement which Kingston Town need to be agreed and implemented. Additional Scheme I8 funded has been provided by Biking Borough in 2012/13 which will provide an earlier start and confidence that sufficient funds exist to implement scheme.
ü ST JOSEPH'S CYCLE LINKS - Funding will be used for the 0 35 35 provision of a segregated pedestrian and cycle routes on the 6 Kingston Town path adjacent to St Joseph's school to link Fairfield Rd with Fairfield South STRATEGIC TRANPORT PROGRAMME TRANPORT STRATEGIC 0 10 ü QUEEN ELIZABETH ROAD CONTRAFLOW - Funding will be 10 7 used to provide shared use cycling facilities. This is a highly Kingston Town important 'missing' north-south link ü FAIRFIELD CYCLE IMPROVEMENTS - Funding will be 0 0 0 8 utilised to implement a segregated cycle lane through Fairfield Kingston Town Recreation Ground 0 10 10 ü WHEATFIELD WAY to A2043 CAMBRIDGE ROAD - Funding will be used to implement a series of small changes to promote 9 Kingston Town this lightly trafficked route. Measures will include improved right- turn facilities at Cambridge Rd / Hampden Rd junction . KINGSTON ANNUAL SPENDING SUBMISSION 2012/13 ANNEX 1 Funding Required (£,000s) TfL Budget
RBK Overarching RBK Overarching Heading Programme Ref. Scheme Scheme Name and Description Neighbourhood/Borough-wide LIP YEAR 1 (2011/12) LIP YEAR 2 (2012/13) LIP YEAR 3 (2013/14) Year Three Total Cor, and Neigh Sup. M TransportLocal Fund (£100k) Principal Road Maintenance COOMBE ROAD CAMBRIDGE AVENUE CYCLING - There is 0 60 60 ü currently a zebra crossing that offers some assistance for cyclists where routes 31 and 74 cross the busy Coombe Rd. The proposal will provide alterations to assist this movement 10 including possible kerb realignments and alterations to the Maldens and Coombe zebra crossing. Oppportunity will also be taken to ease the right turn movements into Cambridge Avenue from Coombe I9 Road.. A signalled crossing facility is not being considered at this time. BIKING BOROUGH* / STRATEGIC CYCLE ROUTES 1-6 55 46 101 ü FEASIBILITY (ROUTE 1 KINGSTON TO WORCESTER PARK, ROUTE 2 KINGSTON TO TOLWORTH, ROUTE 3 KINGSTON TO NEW MALDEN, ROUTE 4 NEW MALDEN TO 11 Borough-wide CHESSINGTON VIA TOLWORTH) LIP2 identified strategic cycle routes across the borough and this scheme will identify STRATEGIC TRANPORT PROGRAMME TRANPORT STRATEGIC and implement small scale improvements for cyclists on these routes 110 40 0 150 ü UNION STREET - Much work has already been done to improve this very busy pedestrian link between Clarence Street and Kingston College and University, with St James's Rd completed in 2011/12 and the eastern footway due to be 12 Kingston Town improved as part of Sect 278 works related to a commercial development. This funding is to complete the western footway to the same high standard by removing crossovers and providing improved pedestrian crossing points. KINGSTON ANNUAL SPENDING SUBMISSION 2012/13 ANNEX 1 Funding Required (£,000s) TfL Budget
RBK Overarching RBK Overarching Heading Programme Ref. Scheme Scheme Name and Description Neighbourhood/Borough-wide LIP YEAR 1 (2011/12) LIP YEAR 2 (2012/13) LIP YEAR 3 (2013/14) Year Three Total Cor, and Neigh Sup. M TransportLocal Fund (£100k) Principal Road Maintenance 0 41 60 101 ü IMPLEMENTATION OF STRATEGIC WALKING SCHEMES. LIP 2 identified a number of strategic walking routes in Kingston including Surbiton to Kingston, Kingston hospital and Kingston Hill. Funding will be used to develop and deliver such 13 schemes utilising PERS to identify where improvements are Borough-wide required and introducing small changes that will make these I10 routes more attractive in advance of more major changes that may occur in the future when more significant 'whole route' improvements are undertaken. .
120 110 100 330 ü FUTURE & RESERVE SCHEME DEVELOPMENT & MONITORING - Funding will be used to undertake feasibility studies which may encompass topographic surveys; traffic
STRATEGIC TRANPORT PROGRAMME TRANPORT STRATEGIC surveys; and pedestrian surveys, as well as the undertaking of walking audits and DDA accessibility audits. This will put the Borough in a better position to implement schemes in future 14 years. Funding will also allow for the development of reserve Borough-wide schemes presented below, should they be required to be implemented (this is particularly necessary if reserve schemes need to be implemented close to the year end). The funding will also enable for post implementation reviews & monitoring (such as safety audits and scheme modifications post implementation) KINGSTON ANNUAL SPENDING SUBMISSION 2012/13 ANNEX 1 Funding Required (£,000s) TfL Budget
RBK Overarching RBK Overarching Heading Programme Ref. Scheme Scheme Name and Description Neighbourhood/Borough-wide LIP YEAR 1 (2011/12) LIP YEAR 2 (2012/13) LIP YEAR 3 (2013/14) Year Three Total Cor, and Neigh Sup. M TransportLocal Fund (£100k) Principal Road Maintenance 30 60 41 131 ü BUS STOP ACCESSIBILITY PROGRAMME - Funding will be used to continue with the rolling-programme of bus stop accessibility works, and the provision of Countdown facilities. This programme will ensure that there is compatibility of bus stops in the borough with the Disability Discrimination Act (DDA) of 1995. As a part of the exercise, the works broadly I11 include the following 15 • Raising kerb levels to standard 140mm; Borough-wide • Resurfacing of footways; • Improvements to road markings including bus box etc; and • Improvements to road surfacing. By the end of 2010/11 there will be around a dozen bus stops which are currently non-compliant. These will be addressed in the 2011/12 financial year and also in future years for more STRATEGIC TRANPORT PROGRAMME TRANPORT STRATEGIC complex stops
K1 & K2 BUS CORRIDOR STUDY - Funding will be used to 10 10 10 30 ü undertake a study of the K1 and K2 bus corridors, with the principle aim of identifying measures which will enhance bus 16 Borough-wide flows through these largely residential areas. Currently buses can be obstructed and the study will attempt to identify solutions to address this. KINGSTON ANNUAL SPENDING SUBMISSION 2012/13 ANNEX 1 Funding Required (£,000s) TfL Budget
RBK Overarching RBK Overarching Heading Programme Ref. Scheme Scheme Name and Description Neighbourhood/Borough-wide LIP YEAR 1 (2011/12) LIP YEAR 2 (2012/13) LIP YEAR 3 (2013/14) Year Three Total Cor, and Neigh Sup. M TransportLocal Fund (£100k) Principal Road Maintenance 0 15 11 26 ü OTHER BUS SCHEMES K4 K5 his programme will identify and subsequently implement measures which will enhance bus flows through these largely residential areas. Currently buses can be obstructed and the programme will attempt to identify 17 Borough-wide solutions to address this. Routes will include K1, K2, K4, K5, 467. The S3 and the other K routes would be looked at in the I12 more long term (High frequency routes will be dealt with under the Strategic Routes 1-13 programmes above)
50 50 35 135 ü SURBITON PROJECT - Until Major Scheme funding or RBK capital funding can be sourced for the strategic Surbiton Project, £50k of LIP funding will be utilised to maintain momentum with the scheme, through the continuation of the
STRATEGIC TRANPORT PROGRAMME TRANPORT STRATEGIC design of the scheme. The Surbiton Project includes improvements to bus reliability, improvements to road and 18 Surbiton pedestrian safety and provision of servicing facilities in Victoria Road, Brighton Road, Claremont Road and St. Mark’s Hill. The project includes reconstruction of the carriageway of Victoria Road funded by RBK. A longer term aim is to enhance the station forecourt by providing alternative arrangements for taxis and pick up/drop off KINGSTON ANNUAL SPENDING SUBMISSION 2012/13 ANNEX 1 Funding Required (£,000s) TfL Budget
RBK Overarching RBK Overarching Heading Programme Ref. Scheme Scheme Name and Description Neighbourhood/Borough-wide LIP YEAR 1 (2011/12) LIP YEAR 2 (2012/13) LIP YEAR 3 (2013/14) Year Three Total Cor, and Neigh Sup. M TransportLocal Fund (£100k) Principal Road Maintenance ü CYCLE PARKING - Funding will be used to support the 20 20 21 61 installation of cycle parking in a range of locations where it is crucial to support the take up of cycling. This will include; the provision of cycle parking at shopping parades and other key public destinations as identified in LIP2; funding for the 19 Borough-wide provision of secure cycle parking at train stations including New I13 Malden, Kingston, and Tolworth (in partnership with SW Trains); and support for the installation of cycle parking at workplaces and residential developments (including council estates). 20 15 13 48 ü SUSTAINABLE FREIGHT PROGRAMME - Funding will be used to implement measures to minimise the impact of freight movements in the Borough. Projects will include improved 20 Borough-wide signage into & within key industrial estates and centres for all STRATEGIC TRANPORT PROGRAMME TRANPORT STRATEGIC modes, as well as the development of freight servicing plans for key centres. ü CAR CLUB AND ELECTRIC VEHICLE INFRASTRUCTURE - 30 30 21 81 Funding will be utilised to support the development and 21 promotion of Car Club and Electric Vehicle Infrastructure in the Borough-wide Borough, to help achieve the Mayor of London's goals for London-wide networks. ü RESEARCH & MONITORING EQUIPMENT - Funding will be 30 30 30 90 used to install traffic and cycle counters as well as air quality monitoring equipment to enable effective monitoring of the LIP 22 programme. Funding will also be used to undertake travel Borough-wide surveys of residents in areas of poor public transport accessibility, to better establish how their transport needs can be improved. KINGSTON ANNUAL SPENDING SUBMISSION 2012/13 ANNEX 1 Funding Required (£,000s) TfL Budget
RBK Overarching RBK Overarching Heading Programme Ref. Scheme Scheme Name and Description Neighbourhood/Borough-wide LIP YEAR 1 (2011/12) LIP YEAR 2 (2012/13) LIP YEAR 3 (2013/14) Year Three Total Cor, and Neigh Sup. M TransportLocal Fund (£100k) Principal Road Maintenance 0 30 21 51 ü ü REVIEW OF ROADS WITH 20MPH SPEED LIMIT to ensure compliance with regulation in view of Police's changing attitude to enforcement. Scheme likely to include change from zonal 23 Borough-wide signing to signing as 20mph speed limits. May also include some additional traffic calming in roads where recorded speeds
in excess of guidelines for low speed roads I14
STRATEGIC TRANSPORT PROGRAMME sub-total 890 1,032 613 2,535 429 0 0 429 ü NEIGHBOURHOOD ACCESSIBILITY SCHEMES COMPLETED IN 2011/12 - Funding was used to implement a N/A Borough-wide raft of schemes across the four Neighbourhoods with the purpose of improving accessibility for local communities. STRATEGIC TRANPORT PROGRAMME TRANPORT STRATEGIC 50 50 0 100 ü CLAYTON ROAD This classified (C) road forms a link between A243 Hook Road and Claygate. Following Resident’s Working Group Meetings and a public consultation in 2010, a package of improvement measures was approved at the July 2010 South of the Borough Neighbourhood Committee for implementation in phases. In 2010/11 raised tables were built 24 South of the Borough NEIGHBOURHOODS PROGRAMME NEIGHBOURHOODS and changes made to waiting restrictions. In 2011/12 it is planned to install side road entry treatments to the roads off Clayton Road that do not already have them. The 2012/13 funding will be used to continue with and complete all the side road entry treatments in Somerset Avenue, Devon Way, Cricketers Close, Bramham Gardens and Whitehall Crescent . KINGSTON ANNUAL SPENDING SUBMISSION 2012/13 ANNEX 1 Funding Required (£,000s) TfL Budget
RBK Overarching RBK Overarching Heading Programme Ref. Scheme Scheme Name and Description Neighbourhood/Borough-wide LIP YEAR 1 (2011/12) LIP YEAR 2 (2012/13) LIP YEAR 3 (2013/14) Year Three Total Cor, and Neigh Sup. M TransportLocal Fund (£100k) Principal Road Maintenance ü SURBITON ROAD/ BEAUFORT ROAD/ MAPLE ROAD 0 75 0 75 25 CORRIDOR - Funding will be used to Improve this walking Surbiton / Kingston Town route, including a new pedestrian crossing point. 0 50 0 50 ü THORNHILL ROAD - Funding will be used to improve this pedestrian corridor that links a large residential area to the bus 26 Surbiton / South of the Borough I15 routes in Hook Road. Measures would include side entry treatments. 29 20 0 49 ü ELLINGHAM PRIMARY ACCESS AND SAFETY IMPROVEMENTS - As part of the schools expansion programme, Ellingham Primary School is being redeveloped to facilitate an increase in pupil numbers from 210 to 420. Measures have been identified to improve pedestrian links to
STRATEGIC TRANPORT PROGRAMME TRANPORT STRATEGIC 27 the school, (including changes to traffic signals at the South of the Borough Leatherhead Road/Merritt Gardens junction), and to mitigate on- street parking problems associated with parents driving their children to school. Implementation will commence in 2011/12 and the 2012/13 continuation funding will be used to complete these measures.
0 40 0 40 ü FERNHILL PRIMARY ACCESS AND SAFETY IMPROVEMENTS Much work has already been undertaken to assist the many parents and pupil that walk along this busy 28 principle road through the construction of entry treatments. Kingston Town This funding is to complete the last two remaining junctions that would benefit from such facilities. The changes will also benefit pupils from the adjacent Tiffin Girls school. KINGSTON ANNUAL SPENDING SUBMISSION 2012/13 ANNEX 1 Funding Required (£,000s) TfL Budget
RBK Overarching RBK Overarching Heading Programme Ref. Scheme Scheme Name and Description Neighbourhood/Borough-wide LIP YEAR 1 (2011/12) LIP YEAR 2 (2012/13) LIP YEAR 3 (2013/14) Year Three Total Cor, and Neigh Sup. M TransportLocal Fund (£100k) Principal Road Maintenance 0 40 0 40 ü MALDEN MANOR PRIMARY ACCESS AND SAFETY IMPROVEMENTS This infant and junior school is very close to Richard Challoner secondary school so the proposed changes 29 to assist and encourage walking in the surrounding roads will Maldens and Coombe benefits students from both. These are likely to be centred
upon minor changes in Sheephouse Way, Manor Drive North, I16 Gainsborough Road and Lawrence Avenue .
0 25 0 25 ü ST MATTHEWS PRIMARY ACCESS AND SAFETY IMPROVEMENTS Funding will be used to investigate options 30 to improve pedestrian crossing facilities and manage vehicle Surbiton speeds in and around the school's main entrance in Kingsdowne Road.
STRATEGIC TRANPORT PROGRAMME TRANPORT STRATEGIC 508 300 0 808 Neighbourhood Programme Sub total
CYCLE TRAINING - Funding will be used for the training of 117 117 100 334 ü cyclists of all ages and abilities. This will include delivery of basic cycle training ("bikeability levels 1& 2") to children at all primary schools and increasing take up of advance cycle 31 training for secondary school children. Funding will also be Borough-wide used for cycle training and activities for adults, particularly focused around increasing cycling to work. SMARTER TRAVELPROGRAMME KINGSTON ANNUAL SPENDING SUBMISSION 2012/13 ANNEX 1 Funding Required (£,000s) TfL Budget
RBK Overarching RBK Overarching Heading Programme Ref. Scheme Scheme Name and Description Neighbourhood/Borough-wide LIP YEAR 1 (2011/12) LIP YEAR 2 (2012/13) LIP YEAR 3 (2013/14) Year Three Total Cor, and Neigh Sup. M TransportLocal Fund (£100k) Principal Road Maintenance 65 65 63 193 ü TRAVEL AWARENESS AND INFORMATION - Funding will be used to increase the awareness of sustainable travel options through campaigns and information targeted at Schools,
SMARTER TRAVEL PROGRAMME Workplaces and Residents. The main focus of activity will be 32 on providing practical travel information on travel options, cycle Borough-wide
routes, walking routes, public transport options and smarter I17 driving (car clubs, electric vehicles etc). This will also include personalised travel planning and site specific travel advice for residents in large council estates.
60 60 59 179 ü WORKPLACE SUSTAINABLE TRANSPORT - Funding will be used to promote and support the development of voluntary Workplace Travel Plans by businesses within the Borough.
STRATEGIC TRANPORT PROGRAMME TRANPORT STRATEGIC This will focus activity on supporting existing travel plans for large businesses and travel plan networks in Kingston Town 33 Borough-wide Centre, Chessington Industrial Area and Surbiton. Activity will provide support to businesses to implement measures to encourage sustainable travel such as cycle parking, showers, cycle training, walking promotion, provision of travel information, car sharing websites etc.
SCHOOLS SUSTAINABLE TRANSPORT - Funding will be 70 70 68 208 ü used to promote and support the ongoing development and implementation of School Travel Plans to ensure they are effective in achieving maximum modal shift. Activity will be 34 focussed into giving greater support to those schools that Borough-wide experience the most significant transport problems and have the greatest potential for modal shift
Smarter Travel Programme Sub total 312 312 290 914 KINGSTON ANNUAL SPENDING SUBMISSION 2012/13 ANNEX 1 Funding Required (£,000s) TfL Budget
RBK Overarching RBK Overarching Heading Programme Ref. Scheme Scheme Name and Description Neighbourhood/Borough-wide LIP YEAR 1 (2011/12) LIP YEAR 2 (2012/13) LIP YEAR 3 (2013/14) Year Three Total Cor, and Neigh Sup. M TransportLocal Fund (£100k) Principal Road Maintenance PRINCIPAL ROAD MAINTENANCE - Funding will be used to DW 439 tbc 439 ü maintain Principal Roads in greatest need of repair, as 35 determined by TfL commissioned condition surveys. Borough-wide
DW 439 tbc 439
Maintenance Sub total I18 MAINTENANCE PROGRAMME
TOTAL LIP BUDGET (as per TfL allocation letter) 1,710 2,083 TBC TOTAL PROJECTED BID (cross-check) N/A 2,083 N/A
R1 MAPLE ROAD MEASURES Surbiton N/A 50 0 50 ü TOLWORTH GIRLS SCHOOL South of the Borough N/A 50 0 50 ü STRATEGIC TRANPORT PROGRAMME TRANPORT STRATEGIC
RESERVE R2 SCHEMES
NB 1 Members are asked for views on 2012/13 Financial Year only 2 2011/12 and 2013/14 are being shown for completeness; 3 2011/12 shows current year budget already agreed by Members 4 2013/14 shows provisional funding requests, but will be confirmed in May 2012 * Scheme to be supplemented with TfL Biking Borough funding J1 APPENDIX J
MALDENS AND COOMBE NEIGHBOURHOOD COMMITTEE
15 JUNE 2011
NEIGHBOURHOOD GRANTS
REPORT BY THE EXECUTIVE HEAD OF ORGANISATIONAL DEVELOPMENT AND STRATEGIC BUSINESS
SUMMARY
The Neighbourhood Committees can award grants of up to £750 towards the costs of projects or activities run by voluntary organisations in their area. Subject to certain criteria, the Committee can decide to award grant aid where an activity is of direct benefit to the residents of the Neighbourhood in terms of social welfare, sports, art, play and leisure activities, youth provision or environmental improvement.
RECOMMENDATION
It is RECOMMENDED that the allocation of grants be approved as follows:
1. Connaught Opera £600
2. Kingston Synagogues Holocaust Education Day Committee £750
3. Malden Fortnight £750
4. Theatre for All £750
REASON FOR THE RECOMMENDATION
To assist the voluntary organisations to carry out their activities in the Neighbourhood.
BACKGROUND
1. The total budget allocated for grant making to Neighbourhood Committees in 2010/11 is £19,500.
2. The Maldens and Coombe Neighbourhood Committee has a Neighbourhood Grants budget of £6,700 for 2011/12.
3. The resources allocated for Neighbourhood Grants should be used solely for the purposes of grant making.
CRITERIA
4. The criteria for Neighbourhood grants are as follows: J2 2
i. The proposed project or activity aims to provide services for the direct benefit of residents of the Neighbourhood area, in social welfare, housing, sports, art, play and leisure activities, youth provision or environmental improvement. ii. Proposals for new initiatives must be able to demonstrate that the project meets particular local needs and priorities. iii. The proposal should not duplicate work already undertaken by other voluntary organisations in the same locality. iv. The voluntary organisation making the application must have a constitution and a system for accounting for income and expenditure.
5. New groups will be particularly welcomed, as will groups which have raised some funds by their own efforts. Applications for grant aid can be made for rent or room hire, administration costs, volunteers’ expenses, training, one-off events/activities, transport etc. Items of equipment and small scale repair works will also be considered. The maximum grant for each group or organisation is £750.
APPLICATION FOR GRANTS
Connaught Opera Grant request £600
6. Connaught Opera was formed in 2003 as a non-profit organisation that provides concerts for elderly people who are in care. They became a registered charity in 2009. They put on concerts in day centres, residential homes, hospitals and hospices throughout Greater London. They are based in London and work closely with local care homes, Age Concern and Primary Care Trusts.
7. Connaught Opera has a Vulnerable Adults Policy. All persons appointed to provide a service on behalf of Connaught Opera will work within the framework of this policy.
8. A grant of £600 is requested to pay for the cost of two concerts in the Neighbourhood; one at Hobkirk House and the other at Galsworthy House with an anticipated audience of 35 users at each venue. The concerts will take place later in 2011 subject to funding. The budget for each concert consists of £480 for the fees of the artists which includes at least two singers and a piano player and £120 for travel, administration and other expenses.
9. Accounts for the year ending April 2010 show income of £35,645 against expenditure of £31,550 resulting in a surplus of £4,095. Year-end reserves were £14,493 all of which were restricted for concert performances. All their income came from grants and donations. Their expenditure was mainly on artists’ fees (£25,280) and associated concert costs and expenses.
10. The last grant awarded to this group by the Maldens and Coombe Neighbourhood Committee was £570 in 2010/11 for two concerts in the same locations as this application. They have also been awarded a Small Grant from the RBK annual grants programme for 2011/12 of £750 towards a concert at Hampton Court and they are currently approaching the other Neighbourhood Committees for funding towards concerts in their neighbourhoods.
Officer’s Report J3 3
11. Connaught Opera has lots of experience in putting on concerts tailored especially for elderly people in local care homes and day centres. They have performed in both Hobkirk House and the Galsworthy House before and have always been very well received. Their concerts reach an audience that would not normally be able to see this sort of music performed live and officers support the request in full because the places at which they perform are not able to contribute towards costs as they have negligible budgets for entertainment. A grant of £600 is recommended. However, we would also encourage the group to explore alternative and more sustainable sources of funding in future.
RECOMMENDATION: A grant of £600
Kingston Synagogues Holocaust Education Day Committee Grant request £750
12. This committee was formed in 2006 and is an independently constituted organisation that is affiliated to Kingston, Surbiton & District Synagogue and Kingston Liberal Synagogue. Its aim is to raise awareness about the holocaust and world genocide, particularly to local secondary school children.
13. A grant of £750 is requested towards the cost of seminars and workshops to help raise awareness about the holocaust and modern day genocide within local schools. Approximately 140 pupils from Richard Challoner School, 210 pupils from Coombe Girls and 40 pupils from Coombe Boys will take part. The event will take place during Holocaust Week which is at the end of January 2012. It is anticipated that the workshops will run over four or five days delivering a total of 8/10 sessions.
14. Costs mainly relate to the training of facilitators (carried out by the Imperial War Museum), educational materials and refreshments for the children. The total cost of the workshops is expected to be approximately £2,000 with the remaining income expected from other donations and the organisation’s own reserves.
15. Accounts 2010/11 show income of £2,712.39 which comes almost completely from donations and grants. Expenditure was £1,558.17 and related to the cost of training, educational materials and refreshments. This leaves a balance of £1,154.22. The group aims to maintain a running reserve of £1,000 to cover costs for the running of this project in future years.
16. In 2009/10 Maldens and Coombe Neighbourhood Committee awarded a grant of £600 towards the cost of workshops at Richard Challoner School educating about the Holocaust and genocide.
Officer’s Report
17. Kingston Synagogues and Holocaust Education Day Committee has been organising workshops and seminars educating young people about the holocaust and modern day genocide since 2006. The programme continues to grow each year and is amended as necessary. Feedback from the schools involved show that the workshops are always well received and they invariably want them to come back each year.
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18. The Kingston Synagogues Holocaust Education Day Committee is currently approaching one of the other Neighbourhoods to seek a grant for the same project. The £750 request in this report only relates to costs linked to schools from the Maldens and Coombe area. A grant of £750 is recommended; this is higher than the grant awarded in 2009/10 due to the fact that more pupils (approximately 140 more) will be participating in the workshops in January 2012. However, we would encourage the group to explore alternative and more sustainable funding sources in future.
RECOMMENDATION: A grant of £750
Malden Fortnight Committee Grant request: £750
19. The Malden Fortnight Committee was formed around 1980 and organises the Malden Fortnight that takes place in the summer each year as well as the Christmas Lights in New Malden. Surpluses from events organised are distributed to local charities.
20. A grant of £750 is requested towards the costs of publicity and events in relation to the Malden Fortnight in July 2011 and the switching- on of the Christmas lights in November. The total budget for the year is approximately £2,020 including volunteer expenses (£320), concert costs (£1,500) and publicity (£200). They hope to raise some income from concerts.
21. The Balance Sheet for 2010 shows income of £4,934 against expenditure of £3,994 leaving a surplus £940. Reserves were £2,222. Income mainly came from sponsorship (£500), craft fair (£2,250) and concerts (£1,259). Expenditure mainly related to a parade (£933), insurance (£450) and concerts (£1,490).
22. The last grant awarded was £750 in 2010 towards the cost of publicity and entertainment relating to the Malden Fortnight and the switching-on of the Christmas lights.
Officer’s Report
23. The Malden Fortnight has been a local community event for over 25 years and the committee now also helps with organising entertainment for the switching on of the Christmas lights, making this more of a family event. It is good that the committee attempts to raise funds for their activities, mainly through concerts for which they need to pay costs up front. They hope to attract sponsors, as they have done in previous years but are finding this particularly difficult given the current economic climate. The group has modest levels of reserves (albeit higher than last year) and a grant is recommended to help the group with up-front costs related to both the Malden Fortnight and the switching- on of the Christmas lights. However, we would encourage the group to explore alternative and more sustainable sources of funding in future.
RECOMMENDATION: a grant of £750
J5 5
Theatre for All Grant request £750
24. Theatre for All is a registered charity formed in 2007. They are a theatre company that promotes community arts and community cohesion through cultural diversity. Activities include organising the annual New Malden Arts Festival, quarterly charity concerts at Hobkirk House and providing educational arts workshops. A lot of their work involves Korean artists and they work closely with the Korean Cultural Centre, Korean Artists Association and the Seoul Institute of the Arts. Their work mainly takes place in New Malden, in the high street and in local schools. They have nine members, with 90% of their beneficiaries coming from Maldens and Coombe Neighbourhood. They have a child protection policy.
25. A grant of £750 is requested to contribute to the running costs for the Fifth New Malden Arts Festival, especially for the outdoor concert, Summer Breeze, which will be held on 2 July. These costs include stage and sound equipment, performers’ fees and transport fees. The whole festival will run from 2 to 24 July 2011.
26. The total budget for the Summer Breeze concert is £4,650, mainly for equipment purchase/hire. Income is expected from fundraising (£1,000), sponsorship (£500) and in-kind donations (£500). Theatre for All has also been awarded a small grant, from the main grants programme, of £750 towards the costs of a photography exhibition, Why cameras? Not Bread? This is aimed at Kingston children and will show photographs taken by children in Zambia of their daily experiences, which will be displayed between 1 – 24 July 2011.
27. Accounts for the 2010 fourth New Malden Arts Festival show income of £56,609 with expenditure of £56,609, with the shortfall of £25,967 being met by a loan from the founder.
Officer’s report
28. Theatre for All has continued to grow each year, putting on ever more ambitious cultural events. The New Malden Arts Festival is now well established and the activities last year were very popular (with 5,000 people attending), but the costs resulted in a substantial financial loss, which is being covered by the founder. Whilst the ambition of these events is to be commended, it may also be important to be realistic about the costs involved, if the activities are to be sustainable.
29. The Summer Breeze concert provides a way of engaging local people, whatever their age or background. The concert will include various kinds of music performed by both amateur and professional artists and there will be a family event going on at the same time where families are encouraged to learn to play Korean traditional folk games, providing an opportunity to experience a different culture through fun.
30. The Kingston Arts Manager is supportive of Theatre for All’s activities and a grant of £750 is recommended. However, we would also encourage the group to seek alternative and more sustainable funding sources in future.
RECOMMENDATION: a grant of £750
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STATUTORY POWERS FOR GRANTMAKING
31. The Head of Legal Services advises that a local authority is able to act only if empowered to do so by statute. This includes, in specific circumstances, the making of grants to voluntary groups. The statutory power under which a particular grant may be awarded will vary according to the type of activity which the grant will support. It is a requirement for every Council that grants made under Social Services legislation be exercised either by the statutory committee responsible for Social Services functions or by the Director. Therefore, any grants deemed to be in this category will be considered by the Neighbourhood Committee and passed to the Director of Community Services so that the Director’s delegated powers can be exercised.
32. Applications 1, 3 and 4 may be authorised under Section 145 of the Local Government Act 1972, relating to the provision of entertainment, which gives local authorities the power to contribute towards the expenses of anything necessary or expedient for the provision of entertainment of any nature, and for the development and improvement of the Council’s understanding and practice of the arts.
33. Application 2 may be authorised under Section 137 of the Local Government Act 1972, which gives local authorities the power to incur expenditure in the interests of their area which is not otherwise authorised, including contributing to the funds of charitable bodies in furtherance of their work in the UK, or to bodies providing any public service in the UK other than for the purposes of gain.
TIMESCALE
34. The grants awarded will be confirmed and paid to the voluntary organisations once the call-in period has expired. Grants are expected to be used within one year of the award. Once the grant has been spent a monitoring form must be returned confirming how the money was used.
FINANCIAL IMPLICATIONS
35. There is currently £6,700 in the Committee’s Neighbourhood Grants budget. If the recommendations in this report are supported there will then be £3,850 remaining.
ENVIRONMENTAL IMPLICATIONS
36. There are no significant environmental implications from the proposed activities.
Background papers : held by the author of the report, Jill Darling – 020 8547 5124, e-mail: jill.darling @rbk.kingston.gov.uk
• Applications and supporting documents from the individual organisations.
K1 APPENDIX K
MALDENS AND COOMBE NEIGHBOURHOOD COMMITTEE
15 JUNE 2011
INFORMATION SECTION
1. AMENDMENT TO CLOSING TIME OF BLAGDON ROAD MULTI-STOREY CAR PARK (MSCP) It is planned to close the MSCP at Blagdon Road at 8:00pm. Recent surveys show minimal usage after 7pm, which could easily be accommodated within the surface car park. The surface car park is not locked overnight and has 83 spaces. Notices seeking comments on the change in hours were posted in the car park from 6 - 20 May
Four responses were received from customers, all of which thought that the proposal was to close the car park completely rather than simply reduce the hours. No follow up responses were received once the proposals were explained in more detail.
2. DIMMING STREET LIGHTS TO REDUCE ENERGY USE
Dimming Street Lights has the potential to achieve a 120k reduction in energy costings over 10 years and ongoing. This will contribute to a range of Council policies and objectives on the reduction of energy consumption (and costs) and carbon emissions.
From 2012 the Council will have to pay for every tonne of CO2 it emits. Currently this is £12 per tonne and there is a potential for this to increase to at least £30 per tonne by 2020. Currently the carbon emissions for street lighting use is calculated at 2,273 tonnes
Market Intelligence projections are that energy costs could increase up to 60% by 2015. Since the present partnership arrangements with Cartledge in 2006, the service has achieved a 15% reduction in energy usage (6.252 kWh to 5,031 kWh) and needs to continue to seek ways of continuing this reduction.
A recent technical development now allows electronic control ballasts to be installed that will enable street lighting lamps to be dimmed between preset times. To evaluate the new ballasts and determine any adverse reactions from implementing the practice of dimming (between 12:00 midnight and 05:00 hrs). One distributor road and one residential through road were chosen for a trial and have been in operation for the past eighteen months. As yet, no technical problems have been encountered and there has been no adverse reaction from residents and/or the travelling public.
There are currently three opportunities to expand the practice of dimming and thus further reduce energy consumption:
K2
1. To install retrospectively some 800 dimmable ballasts on the Boroughs’ classified road network and other roads that have 150 watt lighting – SALIX financing 2. To install dimmable ballast as part of the Street Lighting Improvement Programme (replacement of “at risk” concrete columns) 3. To install dimmable ballasts as and when the scheduled replacement of existing ballasts is required
The option adopted is 3 – the installation, as standard practice of, dimmable ballasts as and when the opportunity arises and dimming between 12:00 midnight and 05:00 hrs. , This will result in some 1650 units being installed in 2011/12, this alone has a projected cost reduction, over 10 years, of potentially £120k after the payback of installation costs
Where dimming is not considered suitable and/or it initially receives a negative reaction from stakeholders, it will not be implemented.
3. WORK PROGRAMME
Planning Sub - 13 July
Neighbourhood Committee and Planning Sub - 7 Sept 2011
Beverley Road/Dukes Avenue Traffic Management
Performance of ‘Street Services’ Presentation
Budget Monitoring
Cultural Olympiad - Information item
Neighbourhood - 19 Oct 2011
Planning Sub - 9 November
Neighbourhood - 30 November 2011 Cambridge Road area through traffic issues
Planning Sub - 11 January
Neighbourhood - 8 February 2012 Contact Centre Performance Presentation