DECLARATION OF INTEREST - CHECKLIST FOR ASSISTANCE OF MEMBERS – 2007 Name: Councillor Council: 15 December 2010 Item No: Item Title: Nature of Interest:
A Member with a personal interest in any business of the Council must disclose the existence and nature of that interest at commencement or when interest apparent except: x Where it relates to or is likely to affect a person described in 8(1)(a)(i) or 8(1)(a)(ii)(aa), you need only disclose the existence and nature when you address the meeting on that business. x Where it is a personal interest of the type mentioned in 8(1)(a)(viii), you need not disclose the nature or existence of that interest to the meeting if the interest was registered more than three years before the date of the meeting. x Where sensitive information relating to it is not registered in the register, you must indicate that you have a personal interest, but need not disclose the sensitive information. A Member with a prejudicial interest must withdraw, either immediately after making representations, answering questions or giving evidence where 4 below applies or when business is considered and must not exercise executive functions in relation to that business and must not seek to improperly influence a decision.
Please tick relevant boxes Notes General (not at overview & scrutiny) 1. I have a personal interest* but it is not prejudicial. You may speak and vote 2. I have a personal interest* but do not have a prejudicial interest in the business as it relates to the functions of my Council in respect of: (i) Housing where I am a tenant of the Council, and those You may speak and vote functions do not relate particularly to my tenancy or lease. (ii) school meals, or school transport and travelling expenses where I am a parent or guardian of a child in full time education, or are a parent governor of a school, and it does You may speak and vote not relate particularly to the school which the child attends. (iii) Statutory sick pay where I am in receipt or entitled to receipt You may speak and vote of such pay.
(iv) An allowance, payment or indemnity given to Members You may speak and vote
(v) Any ceremonial honour given to Members You may speak and vote
(vi) Setting Council tax or a precept under the LGFA 1992 You may speak and vote 3. I have a personal interest* and it is prejudicial because it affects my financial position or the financial position of a You cannot speak or vote person or body described in 8 overleaf and the interest is and must withdraw unless one which a member of the public with knowledge of the you have also ticked 4 or 5 relevant facts, would reasonably regard as so significant that below it is likely to prejudice my judgement of the public interest or it relates to the determining of any approval consent, licence, permission or registration in relation to me or any person or body described in 8 overleaf and the interest is You cannot speak or vote and must withdraw unless one which a member of the public with knowledge of the you have also ticked 4 or 5 relevant facts, would reasonably regard as so significant that below it is likely to prejudice my judgement of the public interest
- 527 - 4. I have a personal and prejudicial interest in the business but You may speak but must I can attend to make representations, answer questions or leave the room once you give evidence as the public are also allowed to attend the have finished and cannot meeting for the same purpose vote
5. A Standards Committee dispensation applies. See the terms of the dispensation
* “Personal Interest” in the business of the Council means either it relates to or is likely to affect:
8(1)(a)(i) any body of which you are a member or in a position of general control or management and to which you are appointed or nominated by your authority; (ii) any body - (aa) exercising functions of a public nature; (bb) directed to charitable purposes; or (cc) one of whose principal purposes includes the influence of public opinion or policy (including any political party or trade union), of which you are a member or in a position of general control or management; (iii) any employment or business carried on by you; (iv) any person or body who employs or has appointed you; (v) any person or body, other than a relevant authority, who has made a payment to you in respect of your election or any expenses incurred by you in carrying out your duties; (vi) any person or body who has a place of business or land in your authority’s area, and in whom you have a beneficial interest in a class of securities of that person or body that exceeds the nominal value of £25,000 or one hundredth of the total issued share capital (whichever is the lower); (vii) any contract for goods, services or works made between your authority and you or a firm in which you are a partner, a company of which you are a remunerated director, or a person or body of the description specified in paragraph (vi); (viii) the interests of any person from whom you have received a gift or hospitality with an estimated value of at least £25; (ix) any land in your authority’s area in which you have a beneficial interest; (x) any land where the landlord is your authority and you are, or a firm in which you are a partner, a company of which you are a remunerated director, or a person or body of the description specified in paragraph (vi) is, the tenant; (xi) any land in the authority’s area for which you have a licence (alone or jointly with others) to occupy for 28 days or longer. or A decision in relation to that business might reasonably be regarded as affecting your well-being or financial position or the well-being or financial position of a relevant person to a greater extent than the majority of other council tax payers, ratepayers or inhabitants of the ward, as the case may be, affected by the decision.
“a relevant person” means (a) a member of your family or any person with whom you have a close association, or (b) any person or body who employs or has appointed such persons, any firm in which they are a partner, or any company of which they are directors; (c) any person or body in whom such persons have a beneficial interest in a class of securities exceeding the nominal value of £25,000; or (d) any body of a type described in sub-paragraph 8(1)(a)(i) or (ii).
“body exercising functions of a public nature” means Regional and local development agencies, other government agencies, other Councils, public health bodies, council-owned companies exercising public functions, arms length management organisations carrying out housing functions on behalf of your authority, school governing bodies.
A Member with a personal interest who has made an executive decision in relation to that matter must ensure any written statement of that decision records the existence and nature of that interest.
NB Section 21(13)(b) of the LGA 2000 overrides any Code provisions to oblige an executive member to attend an overview and scrutiny meeting to answer questions.
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Councillors Baldock (Mayor)
Councillors Aldridge Kay Ashcroft Mrs Kean Mrs Atherley Lea Mrs. Blake Mawdsley Mrs Colling McKay Cotterill Mee Coyle Mrs Melling Cropper Moran Davis Nolan Delaney O’Toole Mrs Evans Owens Fillis R A Pendleton Forshaw Pollock Fowler Pope Furey Pratt Gagen Pryce-Roberts Gartside G M Roberts Gibson J A Roberts Grant W G Roberts Greenall Mrs Stephenson Grice Swiffen Hanlon West Hennessy Westley Mrs Hopley Jones
Officers Chief Executive (Mr W J Taylor) Present: Council Secretary & Solicitor (Mrs G L Rowe) Assistant Chief Executive (Ms K Webber) Executive Manager Housing and Property Maintenance Services (Mr R V Livermore) Executive Manager Community Services (Mr D Tilleray) Executive Manager Regeneration and Estates (Mrs J Traverse) Borough Treasurer (Mr M Taylor) Assistant Street Scene Manager (Mr I Silverwood) Member Services Manager (Mr G Martin)
40. PRAYERS
At the commencement of the meeting the Mayor’s Chaplain, Reverend Richard Jones led Members of the Council in prayer and in doing so remembered Councillor David Swiffen, following his death on 1 October 2010.
The Leader of the Council, Councillor Grant paid tribute to Councillor Swiffen’s service on the Council, particularly during periods of poor health and was joined in this tribute by Councillor Cotterill, Leader of the Opposition.
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41. APOLOGIES
Apologies for absence were submitted on behalf of the Deputy Mayor (Councillor Bailey) and Councillors Ainscough and M Pendleton.
The Mayor welcomed Councillors Fillis and Pryce-Roberts, who were attending their first Council meeting since being elected to the Council in September 2010.
42. DECLARATIONS OF INTEREST
1. Councillors Aldridge, Cropper, O’Toole and Westley declared personal interests in item 9 (Multi Area agreements etc) in view of their membership of Lancashire County Council. Similarly, they declared personal interests at item 6, when questions were asked concerning a Passenger Transport Authority and winter gritting arrangements etc.
2. Councillor Pratt declared a personal and prejudicial interest in item 15 (Motion re: Cuts to Housing Benefits) as he is in receipt of Housing Benefit and left the meeting during consideration of that item.
3. Councillor Lea declared a personal interest in item 15 (Motion re: Cuts to Housing Benefits) as he has tenants in receipt of Housing Benefit.
4. The following members declared personal interests in relation to items 8 (Affordable Housing) and 16 (Motion re One-stop shop for Housing management services), for the reasons indicated x Aldridge, Mee, R A Pendleton and W G Roberts (relative is a tenant of rented Council accommodation); x Aldridge and McKay (tenants of rented garage sites).
43. MINUTES
RESOLVED: That the minutes of the meeting of Council held on 21 July 2010 be received as a correct record and signed by the Mayor.
44. ANNOUNCEMENTS
The Mayor drew attention to forthcoming events to raise funds for the Mayoress’ Charities – a concert by the Aughton Male Voice Choir on 22 October and a “Black and White” Ball on 30 October.
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45. QUESTIONS UNDER THE PROVISIONS OF COUNCIL PROCEDURE RULE 10.2
The Mayor reported that notice of five questions had been given in accordance with the provisions of Council Procedure Rule 10.2, as follows:
1. Councillor Coyle asked:
“What progress has been made by the Borough Council in obtaining a report from the County Council on the potential for the establishment of a Passenger Transport Authority on or inclusive of the Lancashire county footprint ?”
The Leader responded that some progress had been made in discussions with Lancashire County Council and that he would advise Members once the County Council had given its formal view in this matter.
2. Councillor Cotterill asked: “When is a decision expected from ministers on the establishment of Local Enterprise Partnerships as they apply to West Lancashire, and what steps does the council expect to take if the decision of ministers is for approval of more than one Local Enterprise Partnership within Lancashire borders?”
The Leader responded by indicating that this matter was the subject of a report at item 9 on the agenda for the meeting, which he felt would provide Councillor Cotterill with the information he was seeking.
3. Councillor Cotterill asked: “What progress has been made by the Council on the creation of demand- responsive transport provision as recommended by the 2008 Integrated Transport Study, and the subject of a Local Strategic Partnership Second Homes grant in 2009?”
The Leader responded by indicating that this project would not be going forward following a report by the Council for Voluntary Service and that the funding had been returned to the Local Strategic Partnership. However, he was able to report on initial discussions aimed at introducing a taxi responsive service and that he hoped to have further details early in the New Year.
4. Councillor Furey asked: “Is the council confident that it has, in co-operation with other relevant bodies, taken all the necessary preparatory steps to avoid significant problems associated with severe wintry conditions, including but not limited to emergency planning measures and steps to ensure the gritting of roads and refilling of salt bins?”
The Leader responded that the problems arising from last year’s severe weather conditions had been exacerbated by the previous Government’s instructions to withhold supplies of grit salt. However, he felt confident that the both the Borough and County Councils were better placed than last year to deal with any repeat of the severe conditions and reminded members that, in this respect, the Borough Council had addressed the issues arising last year and had made funds available.
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5. Councillor Nolan asked: “Can members be assured and confident that this council, in co-operation with the emergency services, has exhausted all attempts to make residents aware of the health and safety issues surrounding the safe storage of refuse and recycling waste on their property in the light of recent wheelie bin fires around some parts of the district over the past six months, and in the context of the approach bonfire night?”
Upon the invitation of the Leader, Councillor Greenall (Portfolio Holder for Street Scene Management) undertook to respond to Councillor Nolan by letter and confirmed that he would provide a copy of his response for other members.
46. MINUTES OF COMMITTEES
Consideration was given to the minutes of the undermentioned meetings of the Committees shown.
RESOLVED That the minutes of the following meetings be approved and any recommendations contained therein be agreed: a. Planning Committee: held 22 July 2010; b. Planning Committee: held 2 September 2010; c. Audit and Governance Committee: held 29 September 2010: d. Planning Committee: held 7 October 2010; and e. Licensing and Appeals Committee: held 12 October 2010.
47. AFFORDABLE HOUSING
Consideration was given to the report of the Executive Manager Housing and Property Maintenance Services, as contained on pages 409 to 442 of the Book of Reports reminding members that the Cabinet had, at its meeting on 14 September 2010 considered a report setting out options for meeting housing need in the Borough and had agreed to approve two schemes (ie a “Transfer Incentive Scheme” and a “Cash to Leave Scheme”). The report noted that the Cabinet was also seeking to make funding available for the two schemes, gave details of the views expressed by the Executive Overview and Scrutiny Committee and advised that the Housing Portfolio Holder, Councillor Mrs Hopley, would be making recommendations at the meeting as to the scope of the “Cash to Leave” scheme.
At the meeting members were provided with details of the views expressed by the Tenants and Residents Forum when it considered the options at its meeting on 5 October, and of a motion to be moved by Councillor Mrs Hopley, as outlined above.
RESOLVED: A. That Minute 61 of Cabinet held on 14 September 2010, as detailed in paragraph 3 of the report, be endorsed.
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B. That Minute 28 of the Executive Overview and Scrutiny Committee held on 30 September 2010, detailed in paragraph 4 and the comments of the Tenants and Residents Forum as detailed in paragraph 5 and as circulated at the meeting, be noted.
C. That Section 9 (‘property location) of the “Cash to Leave Scheme” set out at Appendix B to the report be amended by the removal of any property location purchase restrictions, so that those tenants receiving payment under the Scheme would be able to purchase a property anywhere within the United Kingdom.
D. That a funding adjustment be made whereby the balance of the £140,000 on the affordable housing capital budget be swapped with the existing HRA revenue contribution to capital budget in order to enable the Transfer Incentive Scheme which is revenue in nature to proceed.
48. MID LANCASHIRE MULTI AREA AGREEMENT/LOCAL INVESTMENT PLANS/LOCAL ENTERPRISE PARTNERSHIPS
Consideration was given to the report of the Executive Manager Regeneration and Estates, as contained on pages 443 to 455 of the Book of Reports updating members on the Mid-Lancashire Multi Area Agreement (MAA) and on issues relating to the establishment of Local Enterprise Partnerships (LEPs) and Local Investment Partnerships (LIPs). In the report, which was an updated version of that considered by the Council on 14 September 2010, she: x Reminded members that the Mid Lancashire MAA had not been signed off before the General Election in May 2010; x Apprised members of arrangements in relation to the allocation of National Affordable Housing Programme (NAHP) funding; x Advised on Government proposals to replace Regional Development Agencies with LEPs charged with determining economic priorities.
The report went on to advise that whereas it was the view of both the Mid Lancashire MAA and Lancashire County Council that there should be only one LEP for Lancashire (and, hence, one LIP), this view was not held across the County Council’s area. Given the disparity of views across the County, the Executive Manager felt it unlikely that early approval would be forthcoming for an LEP covering West Lancashire.
The Executive Manager Regeneration and Estates circulated prior to the meeting the most recent information available in relation to the proposals for LEPs in Lancashire.
RESOLVED: A. That Members note the current position on the Mid Lancashire MAA and emerging Local Enterprise Partnerships, the progress made to date in respect of the Local Investment Plan process and work programme and policy announcements in respect of future external funding.
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B. That the Executive Manager Housing and Property Maintenance Services, in consultation with the Portfolio Holder for Housing, agree the mechanism for determining funding applications under the National Affordable Housing Programme.
C. That the Chief Executive, in consultation with the Leader, continue discussions with regard to Local Enterprise Partnership proposals for Lancashire, proceed with discussions and determine which LEP is in the best interest for West Lancashire.
D. That the Executive Manager Regeneration and Estates be authorised, in consultation with the Leader and Portfolio Holder for Regeneration and Estates, to agree the Local Investment Plan with regard to future external funding for economic development and regeneration purposes.
49. EXECUTIVE ARRANGEMENTS
Consideration was given to the report of the Council Secretary and Solicitor, as contained on pages 457 to 462 of the Book of Reports, reminding members that the Council was required under the Local Government and Public Involvement in Health Act 2007 to change its governance model and that, in this respect, the Council had previously indicated it would prefer to move to the “Leader and Cabinet (England)” model.
The report went on to advise the Council of the responses received as a result of a consultation exercise undertaken to secure views on the Council’s future governance arrangements. The Council Secretary and Solicitor circulated at the meeting a revised schedule of responses to reflect receipt of a response after publication of the report.
RESOLVED: A. That the consultation responses, and the comments thereon, as set out in Appendix A to the report, be noted.
B. That the “Leader and Cabinet Executive (England) model” be confirmed as the Council’s preferred governance model.
C. That the formal proposal attached as Appendix 2 to the report be approved, kept on deposit for a period of 4 weeks and published in accordance with paragraph 6.2(ii) of the report.
D. That a further report be submitted to Council at its meeting on 15 December 2010 to pass the appropriate resolution under Sections 29(1) and 33F of the Local Government Act 2000 and comply with the provisions of Section 29(2) of that Act.
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50. TREASURY MANAGEMENT AND PRUDENTIAL BORROWING INDICATORS
Consideration was given to the report of the Council Secretary and Solicitor, as contained on pages 463 to 468 of the Book of Reports in which she advised members of the Council’s Treasury Management performance and Prudential Indicators for 2010/11 to date.
RESOLVED: That the prudential indicators and Treasury management activity in the year to date be noted.
51. EQUALITY ACT 2010 - HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE
Consideration was given to the report of the Executive Manager Community Services, as contained on pages 469 to 477 of the Book of Reports, seeking approval to take action to secure compliance with the requirements of the Equality Act 2010 insofar as they relate to private hire and hackney carriage licensing matters. Members noted that the Licensing and Appeals Committee had endorsed the recommendations in the report after considering it on 12 October 2010.
RESOLVED: A. That the delegated authority given to the Executive Manager Community Services to take all appropriate action under section 37, 37A and 49 of the Disability Discrimination Act 1995 be revoked.
B. That the Executive Manager Community Services be given delegated authority to assess and grant applications for exemption under section 166 (Wheelchair Exemptions), section 169 (Assistance Dog Exemptions in Taxi’s) and section 171 (Assistance Dog Exemptions in Private Hire Vehicles) of the Equality Act 2010, it being noted that where he is mindful to refuse such applications, these will be referred to and determined by the Licensing and Appeals Committee.
C. That a list of vehicles be maintained as specified in Section 167 of the Equality Act 2010 and the list of designated vehicles contained in Appendix 1 to the report be approved.
D That the Council’s Hackney Carriage and Private Hire Policy be amended to include the provisions of Sections 160 to 173 of the Equality Act 2010 and the list of designated vehicles attached as Appendix 1 to the report (as and when enacted).
E. That the Executive Manager Community Services be given delegated authority to make minor/inconsequential amendments to the Council’s Hackney Carriage and Private Hire Policy.
F. That the Executive Manager Community Services be given delegated authority to issue formal cautions and to lay informations and complaints in Court in respect of offences under Sections 160 to 173 of the Equality Act 2010.
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G. That the terms of reference of the Licensing and Appeals Committee be extended to include all decisions under Sections 160 to 173 of the Equality Act 2010.
52. NOISE MANAGEMENT POLICY
Consideration was given to the report of the Executive Manager Community Services, as contained on pages 479 to 506 of the Book of Reports seeking approval for a revised Noise Management Policy. In relation to the revised Policy the report noted that the changes since the original policy was approved in 2007 were minor and related to such issues as the area gaining Borough status.
RESOLVED: A. That the revised Noise Management Policy be approved.
B. That the Executive Manager Community Services, in consultation with the relevant Portfolio Holder, be given delegated authority to approve minor changes to the policy that do not affect service delivery.
53. OVERVIEW AND SCRUTINY ANNUAL REPORT 2009/10
In a report contained on pages 507 to 525 of the Book of Reports, the Council Secretary and Solicitor provided members with a copy of the Overview and Scrutiny Annual report for 2009/10, giving details of the range of work undertaken by the Council’s three oc Committees.
RESOLVED: That the Overview and Scrutiny Annual report 2009/10, attached as Appendix A to the report be noted and the three Overview and Scrutiny Committees be thanked for their work.
54. CUTS TO HOUSING BENEFITS - MOTION INCLUDED ON THE AGENDA AT THE REQUEST OF COUNCILLOR FUREY ON BEHALF OF THE LABOUR GROUP:
Consideration was given to the motion included on the agenda at the request of Councillor Furey in the following terms:
"That West Lancashire Borough Council agrees cutting Housing Benefit will lead to financial difficulties for tenants across the Borough. That the Chief Executive writes to the relevant government department setting out the council's opposition to the governments proposals for changes to housing benefit, and thereby seeks to protect vulnerable tenants from increasing rent arrears, poverty and homelessness."
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During the debate on this item an amendment was moved and seconded in the following terms: "That West Lancashire Borough Council agrees that cutting Housing Benefit was a necessary part of the emergency Budget that started to address the Country's record debts and the massive Deficit inherited from the last Labour Government. The Council fully appreciates the overriding need for the Government to take difficult and decisive action to restore confidence in the Country's economy by demonstrating sound and prudential financial management thereby ensuring prosperity for all the people of Britain".
Upon the request of a member before the vote was taken, the voting was recorded as follows:
FOR THE AMENDMENT: Councillors Ashcroft, Mrs Atherley, Baldock, Mrs Blake, Mrs Colling, Cropper, Mrs Evans, Forshaw, Fowler, Gartside, Grant, Greenall, Grice, Mrs Hopley, Kay, Mrs Kean, Mee, Ms Melling, O’Toole, Owens, Mrs Pollock, Pope, G M Roberts, Mrs Stephenson, Westley, (TWENTY SIX) AGAINST THE AMENDMENT: Councillors Aldridge, Cotterill, Coyle, Davis, Delaney, Fillis, Furey, Gagen, Gibson, Hanlon, Hennessey, Jones, Mawdsley, McKay, Moran, Nolan, Pryce- Roberts, R A Pendleton, J A Roberts, W G Roberts, West (TWENTY ONE) ABSTENTIONS: (NIL)
The Mayor thereupon declared the amendment to be CARRIED.
Following a vote on the substantive motion, the Mayor declared it to be CARRIED.
RESOLVED: That West Lancashire Borough Council agrees that cutting Housing Benefit was a necessary part of the emergency Budget that started to address the Country's record debts and the massive Deficit inherited from the last Labour Government. The Council fully appreciates the overriding need for the Government to take difficult and decisive action to restore confidence in the Country's economy by demonstrating sound and prudential financial management thereby ensuring prosperity for all the people of Britain.
(Note: Councillors Lea and Pratt were absent from the Chamber during consideration of the above item, having declared interests.)
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55. ONE STOP SHOP FOR HOUSING MANAGEMENT SERVICES - MOTION INCLUDED ON THE AGENDA AT THE REQUEST OF COUNCILLOR FUREY:
Consideration was given to the following motion, included on the agenda at the request of Councillor Furey: "That, following the relocation of Housing Management Services to Sandy Lane Centre, Skelmersdale, Council considers improving the provision of housing management services for tenants and staff by creating a One Stop Shop at the Sandy Lane centre, allowing tenants direct access to services including Housing Management, Rent Pursuance, Money Advice, Allocations, Repairs and Tenant Participation."
Following a vote on the motion, the Mayor declared it to be LOST.
56. "KEEP THE POST PUBLIC" - MOTION INCLUDED ON THE AGENDA AT THE REQUEST OF COUNCILLOR COTTERILL:
Members noted that the motion included on the agenda in relation to this matter had been withdrawn by Councillor Cotterill.
………………………………….. - MAYOR -
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PRESENT: Pope (Chairman) Mrs. Stephenson (Vice Chairman)
Councillors: Ashcroft Lea Davis McKay Fowler Mawdsley Gartside Moran Gibson Owens Grant R.A. Pendleton Grice Mrs. Pollock Jones West Mrs. Kean Westley
Officers: Acting Executive Manager Planning (Mr. J. Harrison) Planning Control Team Leader (Mrs. C. Thomas) Principal Planning Officer (Mrs. A. Veevers) Senior Planning Officer (Miss. T. Maguire) Assistant Legal Services Manager (Mr. M. Jones) Member Services Officer (Mrs. J.A. Jones)
In attendance: Councillor Forshaw (Portfolio Holder Planning and Transportation) Councillor Kay
47. APOLOGIES
Apologies for absence were received on behalf of Councillor Pratt.
48. MEMBERSHIP OF THE COMMITTEE
In accordance with Council Procedure Rule 4, the Committee noted the termination of membership of Councillors Mrs. Colling and O’Toole and the appointment of Councillors Owens and Grant for this meeting only, thereby giving effect to the wishes of the political groups.
49. URGENT BUSINESS, IF ANY, INTRODUCED BY THE CHAIRMAN
There were no urgent items of business.
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50. DECLARATIONS OF INTEREST
1. Councillors Ashcroft, Fowler, Grant and Westley in respect of Agenda Item 9 Planning Applications Validation Checklist and Agenda Item 10 Article 4 Direction Ormskirk, Aughton and Westhead advised that as Cabinet Members they will be considering these reports at a forthcoming meeting of Cabinet and to avoid any appearance of having a pre-determined view on the items they would not take part in any discussions relating to these items and would leave the Chamber accordingly.
2. Councillor Owens declared a personal and prejudicial interest in respect of application no. 2010/1069/FUL relating to St. Bedes School, St. Annes Road, Ormskirk as his children attend the school and therefore left the Chamber during consideration of this item.
3. Councillor Owens declared a personal interest in respect of application no. 2010/1184/WL3 relating to Whitemoss Investment Centre, Maple View, Whitemoss Buisness Park, Skelmersdale in respect of his Cabinet role as Portfolio Holder for Regeneration and Estates.
4. Councillor Owens declared a personal and prejudicial interest in respect of application no. 2010/0808/FUL relating to 125 Crosshall Brow, Ormskirk as the applicant is a close associate of his and therefore left the Chamber during consideration of this item.
5. Councillor Lea declared a personal and prejudicial interest in respect of application no. 2010/0109/FUL relating to Mere House Nurseries, 69 Jacksmere Lane, Scarisbrick as the applicant rents property from him and therefore left the Chamber during consideration of this item.
6. Councillor Mrs. Stephenson declared a personal and prejudicial interest in respect of application no. 2010/0109/FUL relating to Mere House Nurseries, 69 Jacksmere Lane, Scarisbrick as her brother rents property to the applicant and therefore left the Chamber during consideration of this item.
7. Councillor Mrs. Stephenson declared a personal interest in respect of application no. 2010/0760/FUL relating to 33 North Moor Lane, Halsall as she is a member of Halsall Parish Council.
8. Councillor Westley declared a personal and prejudicial in respect of application no. 2010/0760/FUL relating to 33 North Moor Lane, Halsall as the applicant is a personal friend of his and therefore left the Chamber during consideration of this item.
9. Councillor Lea declared a personal and prejudicial interest in respect of Agenda item 10. as he owns property in Ormskirk that was used for multiple occupation and therefore left the Chamber during consideration of this item.
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10. Councillor Gibson declared a personal and prejudicial interest in respect of Agenda item 10. as she lives in an area of Ormskirk where there were several houses of multiple occupation and therefore left the Chamber during consideration of this item.
11. Councillor Lea declared a personal and prejudicial interest in respect of Enforcement Item E/10/0028/UAU relating to Fearns Farm, Liverpool Road, Tarleton as the enforcement item concerns land in which a relative of his owns an interest and therefore left the Chamber during consideration of this item.
51. DECLARATIONS OF PARTY WHIP
There were no declarations of Party Whip.
52. MINUTES
RESOLVED: That the minutes of the meeting held on the 7 October 2010 be approved as a correct record and signed by the Chairman.
53. PLANNING APPLICATIONS
The Acting Executive Manager Planning submitted a report containing the schedule of Planning Applications (all prefixed 2010 unless otherwise stated) as contained on pages 859 to 978 of the Book of Reports and also pages 1071 to 1076 giving details of late information and additional late information on pages 1077 to 1079, including amendments/additions to planning applications.
RESOLVED: A. That the under mentioned planning applications be approved subject to the conditions in the schedule and to any amendments/additional recommendations indicated in the late information and additional late information:-
0760/FUL; 0777/FUL; 1069/FUL; 1051/FUL 1184/WL3; 1058/COU; 1186/LBC
B. That under mentioned planning applications be refused for the reasons as stated in the schedule :-
0808/FUL; 0614/FUL 0943/COU;
C. That it be noted that application no. 0355/FUL had been withdrawn by Officers to allow for further information to be considered.
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D. That in respect of application no. 1042/FUL the decision to grant planning permission be delegated to the Acting Executive Manager Planning in consultation with the Chairman and Vice Chairman of the Planning Committee subject to a planning obligation under Section 106 of the Town and Country Planning Act 1990 being entered into requiring:-
- a commuted payment of £8,604.00 to be used towards the provision of new or enhancement of existing areas of public open space within the locality.
E. That it be noted that application no. 1045/FUL had been withdrawn by Officers to allow for revised plans to be considered.
F. That application no. 0981/FUL be refused for the following reason:-
The proposed development conflicts with Policy DS2 of the West Lancashire Replacement Local Plan and advice contained in PPG2 – Green Belts, in that, by reason of size, design and siting, it would detract from the visual amenity of the Green Belt.
G. That it be noted that application no. 2009/1414/COU had been withdrawn by Officers to consider further information.
H. That application no. 1133/FUL be deferred for an organised site visit to assess the impact of the extension on the hosting property.
I. That application no. 0834/FUL be deferred for an organised site visit to assess the impact of the floodlights on the surrounding area.
J. That in respect of application no. 0990/FUL the decision to grant planning permission be delegated to the Acting Executive Manager Planning) in consultation with the Chairman and Vice Chairman of the Planning Committee subject to there being no detrimental impact on the airfield at Warton (British Aerospace).
K. That application no. 0109/FUL be refused for the following reason:-
The proposed development conflicts with Policy DS2 of the West Lancashire Replacement Local Plan and advice given in Planning Policy Guidance Note. 2 Green Belts, in that the overall scale of the glasshouse development would be of detriment to the openness and visual amenity of the Green Belt.
Notes:- 1. In accordance with the procedure for public speaking on planning applications on this Committee:- (a) Members of the public spoke in connection with 0109/FUL and 1058/COU. (b) Parish Councillor Mrs. K. Banks (Scarisbrick Parish Council) spoke in connection with planning application No. 0109/FUL.
- 542 - PLANNING COMMITTEE HELD: 11 NOVEMBER 2010
2. In accordance with Regulatory Committee Procedure Rule 7(b) Councillor Kay spoke in connection with Application No. 1058/COU and left the Chamber after consideration of this item and was not present for the remainder of the meeting. 3. Councillors Owens left the Chamber during consideration of Application No. 0808/FUL. 4. Councillor Westley left the Chamber during consideration of Application No. 0760/FUL. 5. Councillor Owens left the Chamber during consideration of Application No. 1069/FUL. 6. Councillors Mrs. Stephenson and Lea left the Chamber during consideration of Application 0109/FUL. 7. Councillor McKay left the Chamber during consideration of Application No.1058/COU and therefore took no part in the debate or decision making process on this application.
54. ENFORCEMENT ITEMS
The Acting Executive Manager Planning submitted a report containing details of enforcement items (all prefixed E/10 unless otherwise stated) as contained on pages 979 to 987 of the Book of Reports and also pages 1071 to 1076 giving details of late information including amendments/additions.
RESOLVED: (A) That in relation to enforcement items:-
E/09/0168/UAU; E/09/0495/UF; 0275/UAU
(i) The Council Secretary and Solicitor be authorised to issue notices of the types and under the Sections of the Town and Country Planning Act 1990 as set out in the report.
(ii) That the Council Secretary and Solicitor be authorised to take proceedings in the event of non-compliance with any of the notices.
(iii) That the Council Secretary and Solicitor be authorised to withdraw, vary and re-issue notices if subsequent information indicates this to be necessary.
(B) That in relation to enforcement item E/10/0028/UAU:-
(i) The Council Secretary and Solicitor be authorised to issue notices of the types and under the Sections of the Town and Country Planning Act 1990 as set out in the report but that the compliance period be 3 months rather than 2 months as stated in the report.
- 543 - PLANNING COMMITTEE HELD: 11 NOVEMBER 2010
(ii) That the Council Secretary and Solicitor be authorised to take proceedings in the event of non-compliance with any of the notices.
(iii) That the Council Secretary and Solicitor be authorised to withdraw, vary and re-issue notices if subsequent information indicates this to be necessary.
(Note: 1. Councillor Ashcroft, Forshaw, Fowler, Grant and Westley left the Chamber during consideration of this item and were not present for the remainder of the meeting. 2. Councillor Lea left the Chamber during consideration of Enforcement Item E/10/0028/UAU).
55. PLANNING APPLICATION VALIDATION CHECKLIST
The Acting Executive Manager Planning introduced his report as contained on pages 989 to 1033 of the Book of Reports, the purpose of which was to inform Members of the new statutory national validation requirements and, in accordance with the Department of Communities and Local Government advice, to produce local validation requirements for applicants wishing to submit planning applications and other related types of applications.
RESOLVED: That the report and validation checklist set out in the Appendix to the report be noted with no additional comments.
(Note: Councillor Lea left the Chamber after consideration of this item and was not present for the remainder of the meeting).
56. ARTICLE 4 DIRECTION ORMSKIRK AND AUGHTON AND WESTHEAD
The Acting Executive Manager Planning introduced his report as contained on pages 1035 to 1044 and additional late information as contained on pages 1077 to 1079 of the Book of Reports, the purpose of which was to seek approval for the making of an Article 4 Direction to control the development of Houses in Multiple Occupation throughout Ormskirk, parts of Aughton and Westhead.
RESOLVED: That the report be noted with no additional comments.
------CHAIRMAN -
- 544 - AGENDA ITEM: 8
COUNCIL: 15 December 2010
______
Report of: Council Secretary and Solicitor
Contact for further information: Mrs G L Rowe/Mr G Martin (Extn. 5004/5065 ) (E-mail: [email protected] or : [email protected] ) ______
SUBJECT: CHANGES TO EXECUTIVE ARRANGEMENTS ______Borough wide interest
1.0 PURPOSE OF THE REPORT
1.1 To resolve to implement changes to the Council’s governance arrangements, as required by the Local Government and Public Involvement in Health Act 2007 (the 2007 Act).
2.0 RECOMMENDATIONS
2.1 That, in accordance with the provisions of 33F of the Local Government Act 2000, the Council adopts and operates the Leader and Cabinet Executive (England) governance model with effect from the third day after the ordinary election of Councillors in May 2011.
2.2 That as soon as practicable the Council Secretary and Solicitor take all necessary action to comply with the provisions of Section 29(2) of the Local Government Act 2000 in respect of the resolution, to ensure that the new arrangements can be implemented
2.3 That the Council Secretary and Solicitor be authorized to update the Constitution to reflect these changes in May 2011, including providing for the resolution referred to at 3.5 below.
3.0 BACKGROUND
3.1 Since 15 May 2002, the Council has operated “Leader and Cabinet” executive arrangements in accordance with provisions contained in part 2 of the Local Government Act 2000 (the 2000 Act).
3.2 The 2007 Act came into force on 30 December 2007 and one of its effects is to amend the provisions of the 2000 Act by compelling local authorities to adopt one of
- 545 - two new governance models - either a ‘new style’ Leader and Cabinet executive or a Mayor and Cabinet executive.
3.3 In terms of governance arrangements, ‘no change’ is not an option for the Council. Nor does Council, at this moment in time, have the option of reverting to a more traditional style “Committee” system. This option may appear in the Localism Bill but for the foreseeable future the current legislation stands. Whilst the ‘new style’ Leader and Cabinet executive is very similar to that currently in operation within West Lancashire, the Council must pass a resolution to move to one of the two models referred to. The decision on which of the two models to adopt must be taken prior to 31 December 2010. The new model is to come into effect on the third day after the ordinary election of councillors in May 2011. 3.4 I last reported to Council on this matter on 20 October, with details of the responses received as a result of the consultation exercise authorised at the meeting on 21 July 2010. The Council noted the consultation responses, confirmed that its preferred governance model was the “Leader and Cabinet Executive (England) model” and approved the formal proposal attached as an appendix to that report. Following the meeting on 20 October 2010 I took steps to keep the formal proposal on deposit for a period of 4 weeks and to publish it, as required by the Act.
3.5 The 2007 Act provides for the Council to appoint a Leader, who would then remain in office for four years or for the remainder of his/her term of office as a Councillor. However, the 2007 Act also provides for the Constitution to be amended to enable the Council to pass a resolution to agree that a Leader ceases his/her term of office before this statutory period has come to an end. This provision would be applicable in circumstances such as a Leader wishing to retire or step down, political change, or a Council wishing to remove a Leader from office.
3.6 Under the 2007 Act the Leader (rather than as at present, the Council) would appoint his/her own Cabinet of two or more Members (up to a maximum of ten - including the Leader). He would also be responsible for allocating Cabinet Members’ Portfolios and decision-making powers and removing and replacing Cabinet Members. At present, these functions are the responsibility of the Council itself (although in practice, of course, these decisions are put forward by, and are likely to be in accordance with the wishes of, the Leader).
4.0 THE NEXT STEPS
4.1. The final stage in the process is for the Council to pass the appropriate resolution to change its governance arrangements. There is be no need for transitional arrangements to be introduced, as the changes required in switching to the new system will be minimal.
4.2 Section 29(2) of the Local Government Act 2000 specifies the action to be taken as soon as practicable after the Council passes the resolution, namely: a. make available for public inspection a copy of a document setting out the provisions of the new governance arrangements; b. publish a notice in a local newspaper stating that the Council has passed the resolution to change the governance arrangements and giving details of when the document referred to above is available for inspection etc.
- 546 - A copy of the document to be made available is attached as Appendix 1 to this report and a copy of the notice is attached as Appendix 2.
4.3 It will be necessary to appropriately amend the Constitution to reflect the changes arising from the introduction and operation of the new arrangements.
7.0 SUSTAINABILITY IMPLICATIONS/COMMUNITY STRATEGY
7.1 There are no significant sustainability implications arising from this exercise.
8.0 FINANCIAL AND RESOURCE IMPLICATIONS
8.1 The costs of changing to the Strong Leader model will be minimal and will be met from existing resources.
9.0 RISK ASSESSMENT
9.1 The Council must ensure that it has an appropriate governance framework in place to comply with legal requirements.
Background Documents There are no background documents (as defined in Section 100D(5) of the Local Government Act 1972) to this Report.
Equality Impact Assessment There is no evidence from an initial assessment of an adverse impact on equality in relation to the equality target groups.
Appendices: Appendix 1 – Provisions of the Executive arrangements Appendix 2 – notice required by Local Government Act 2000
- 547 - Appendix 1
WEST LANCASHIRE BOROUGH COUNCIL PROVISIONS OF GOVERNANCE ARRANGEMENTS
Under the Local Government and Public Involvement in Health Act 2007, the Council is required to change its governance arrangements in accordance with the models specified in Section 62 of the Act.
The Council resolved at its meeting on 15 December 2010 that the ”Leader and Cabinet Executive (England)“ model should be adopted and operated with effect from the third day after the date of the local government elections to be held n May 2011.
The “Leader and Cabinet Executive (England) model” is very similar to the Council’s current arrangements in that the Leader is appointed by the remaining Councillors at a full Council meeting. However, under the Act, this appointment will now be for a four-year term of office or for the reminder of the Leader’s term of office as a councillor (at present the appointment is for one year only). The 2007 Act also provides for the Constitution to be amended to enable the Council to pass a resolution to agree that a Leader ceases his/her term of office before this statutory period has come to an end. This provision would be applicable in circumstances such as a Leader wishing to retire or step down, political change, or a Council wishing to remove a Leader from office.
Under the 2007 Act the Leader (rather than as at present, the Council) would appoint his/her own Cabinet of two or more Members (up to a maximum of ten - including the Leader). He/she would also be responsible for allocating Cabinet Members’ Portfolios and decision-making powers and removing and replacing Cabinet Members. At present, these functions are the responsibility of the Council itself (although in practice, of course, these decisions are put forward by, and are likely to be in accordance with the wishes of, the Leader).
15 December 2010
Gillian L Rowe LL.B (Hons) Council Secretary and Solicitor
- 548 - Appendix 2
WEST LANCASHIRE BOROUGH COUNCIL CHANGES TO GOVERNANCE ARRANGEMENTS
NOTICE IS HEREBY GIVEN that West Lancashire Borough Council has, at its meeting on 15 December 2010, resolved to operate new executive arrangements as required by the prrovisions of the Local Government and Public Involvement in Health Act 2007. The new arrangements will come into effect on the third day after the ordinary election of Councillors in 2011.
The new arrangements are very similar to the Council’s current arrangements in that the Leader is appointed by the remaining Councillors at a full Council meeting. The main changes are that the Leader will be appointed for a four-year term or until his or her term of office as a councillor expires and that the Leader will appoint his/her own Cabinet and decide the Cabinet Members’ areas of responsibility, a task which is currently determined by the full Council.
A document setting out the provisions of the new arrangements ls available for inspection at the Council’s principal office at 52 Derby Street, Ormskirk and at the Council’s Customer Service Point at The Concourse, Skelmersdale. The hours of inspection will be between 9.00am and 5.00pm Monday to Thursday and between 9am and 4.45pm on Fridays. More details are available on the Council’s website (www.westlancs.gov.uk ).
For further information, please contact Gary Martin (Member Services Manager) at the Council Offices, 52 Derby Street, Ormskirk, L39 2DF, telephone (01695) 585065, or e-mail: [email protected] .
Dated: December 2010
Gillian L Rowe, LLB, Solicitor Council Secretary and Solicitor
- 549 - - 550 - AGENDA ITEM: 9
COUNCIL: 15 December 2010
Report of: Council Secretary and Solicitor
Contact for further information: Mr G Martin (Extn. 5065) (E-mail: [email protected] )
SUBJECT: REVIEW OF POLLING DISTRICTS AND POLLING PLACES
Borough wide interest
1.0 PURPOSE OF THE REPORT
1.1 To enable the Council to comply with its duty under the Electoral Administration Act 2006 to review all parliamentary polling districts and polling places by the end of 2011 and to review the local government polling districts and polling places at the same time.
2.0 RECOMMENDATIONS
2.1 That the outline timetable for the Review Process as set out in Appendix 1 of this report be noted.
2.2 That the Council Secretary and Solicitor be authorised to administer the Review Process for both parliamentary and local government polling districts and polling places and it be noted that the Conservative group lead for this work is Councillor Ashcroft and the Labour Group lead will be Councillor ##############.
2. That the Returning Officer be consulted on the Review Process and report on all existing polling stations and any new polling stations.
3.0 BACKGROUND
3.1 The Electoral Administration Act 2006 (EAA 2006) introduced a duty on all councils to review their UK parliamentary for all Parliamentary polling districts and polling at least once every 4 years. The Electoral Commission advises that a review of Polling districts and places for local government elections should be undertaken at the same time. The last review was undertaken and completed by December 2007, so it is now appropriate that consideration be given to commencing the next review, for completion by the end of December 2011.
- 551 - 3.2 In addition, in the Electoral Commission interim report on the problems experienced at some polling stations at the close of poll at the 6 May 2010 elections, they recommended taking immediate steps to begin the process of conducting reviews of polling districts and polling places reflecting on the problems identified. In West Lancashire this was not a specific issue.
3.3 Definition of terms
x Parliamentary constituency: an area having separate representation in the House of Commons - these cannot be changed by the review. The division of these constituencies into polling districts and places is the subject of the review. x Polling district: a geographical area created by the sub-division of a constituency, ward or division into smaller parts. Each parish is to be a separate polling district (unless there are special circumstances) – this means that a parish must not be in a polling district which either has part in another parish or in an unparished area; x Polling place: the building or area in which the Returning Officer will select polling stations. x Polling station: Chosen by the Returning Officer for the election, a polling station is the room or building within the polling place where the poll takes place.
3.4 Local authorities are required to divide every constituency into polling districts for UK parliamentary elections and to designate a polling place for each polling district. Polling places should be within the polling district unless special circumstances make it desirable to designate an area outside the district. These must be reviewed every four years. In conducting the statutory review of polling places and polling districts, local authorities must follow rules set out in legislation, as follows: x The Council must publish notice of the review at the Council’s office, on its website and in at least one conspicuous place within the area. The notice should also be sent to other interested groups such as councillors and disability groups etc; x The Council must consult the Returning Officer; x The Returning Officer must make representations to the Council, including information as to the location of polling stations within polling places; x The Council must publish the Returning Officer’s representations – within 30 days of receiving them; x The Council must seek representations from those who it considers have “particular expertise in relation to access to facilities or premises for persons who have different forms of disability”, including the opportunity to make representations/comment on the Returning Officer’s representations; x Any elector in a constituency wholly or partly in the Council’s area may make representations; x Any representations made may include proposals for specified alternative polling places; x On completion of the review the Council must give reasons for its decisions in the review and publish other information as is prescribed.
- 552 - The Electoral Commission recommends that a review of local government polling arrangements is conducted simultaneously.
3.5 Authorities must: x seek to ensure that all the electors have such reasonable facilities for voting as are practicable in the circumstances; x seek to ensure that so far as is reasonable and practicable polling places are accessible to those who are disabled; and x when considering or reviewing the designation of a polling place, have regard to the accessibility needs of disabled persons.
3.6 The Electoral Commission advise that the Review of Polling Districts and Places is a function of the Council and not the Electoral Registration Officer or Returning Officer, so funding should be made available from the Council for the review. The location of polling stations are the responsibility of the Returning Officer.
4.0 STAGE 1 – NOTIFICATION OF THE REVIEW
4.1 The formal commencement of the review requires the local authority to give notice of the holding of a review. The notice must be published using the following methods: x notice to be displayed at the council’s office and in at least one conspicuous place within the authority; x on the Council’s website
4.2 Additionally, the Council could publish the notice in a council newsletter and display copies in other public buildings. 4.3 The Electoral Commission recommends that the notice should state: x that the Council is conducting a review of polling districts and polling places; x that the Returning Officer will make a comment on proposed polling stations; x that electors in the Council’s are or within a UK Parliamentary constituency which has any part in the authority may make a representation; x that the Council would welcome any person or body with expertise in access for persons with any type of disability to make a representation or to comment on the authority’s proposals, (Acting) Returning Officer’s representation or any other matter; x that persons or bodies making representations should, if possible, give alternative places that may be used as polling places; x the postal address, e-mail address and website address at which documents can be inspected and representations made; x an indication of the timetable of the review and a deadline for representations
4.4 The Electoral Commission also suggests that the Council should send a copy of the notice to interested parties such as councillors, disability groups and other stakeholders. Officers will prepare a press release drawing attention to the review and the process as well as posting details on the Council’s website.
5.0 STAGE 2 – ADMINSTERING THE REVIEW
- 553 - 5.1 The Council should undertake a preliminary review of the current polling districts and polling places with a view to establishing their suitability. There is no requirement to change any of these districts and polling places, but any ‘no change’ decision must be fully justified as part of the overall proposals.
5.2 The review process should be transparent, structured and conducted formally with supporting documentation – to ensure a complete “audit trail” for all the decisions arising from it, including justification for each decision, even if this is for “no change”.
5.3 The legislation suggests an approach starting with polling districts, followed by choosing polling places and then considering polling stations. In practice, however, it is important that good quality polling places are identified first, which can then be used as part of the process of defining suitable polling district arrangements that comply with the requirements set out in the legislation. The Electoral Commission guidance contains template checklists to assist with the evaluation of current/proposed polling places and stations.
5.4 The following should be considered as part of the assessment of the suitability of polling district boundaries: Boundaries: Are they well defined? For example, do they follow the natural boundaries of the area? If not, is it clear which properties belong in the polling district? Location: Are there suitable transport links within the polling district, and how do they relate to the areas of the district that are most highly populated? Are there any obstacles to voters crossing the current polling district and reaching the polling place e.g., railway lines, rivers?
5.5 There are a number of factors that must be considered when reviewing existing polling places or when assessing new polling places, including: Location: Is it reasonably accessible within the polling district? Does it avoid barriers for the voter such as steep hills, major roads, rivers, etc.? Are there any convenient transport links? Size: Can it accommodate more than one polling station if required? If multiple polling stations are required, is the polling place ample enough to accommodate all voters going into and out of the polling stations, even where there is a high turnout? Suitability: Is the building readily available in the event of any unscheduled elections? Is there any possibility that the building may be demolished as part of a new development? Is the building accessible to all those entitled to attend the polling place?
5.6 Ideally, there would be the choice of a range of fully accessible buildings, conveniently located for electors in the area within which to establish polling stations. In practice, however, the choice of polling places will often be a balance between the quality of a building (access, facilities, etc.) and the proximity of the building to the electors. When making a decision, all factors will need to be considered and the Council will need to be able to demonstrate the reasoning behind the decision.
- 554 - 5.7 Where, because of local circumstances, a polling place has been selected that is not fully accessible, then reasonable adjustments must be undertaken to provide access for all electors. Alternatively, the local authority should consider whether it would be appropriate to designate a polling place that falls wholly or partly outside the polling district. 5.8 It should be noted that for the purpose of taking the poll in England and Wales, the Returning Officer is entitled to use free of charge schools maintained or assisted by a local authority as well as those schools that receive grants made out of moneys provided by Parliament.
5.9 Part of the decision-making process involves assessing if the polling place is capable of accommodating more than one polling station together with the necessary staff and equipment, particularly in circumstances where the number of electors allocated to a polling place is high.
5.10 The suitability of a room or area for use as a polling station, will reflect whether the size and layout allows for the most effective throughput of voters, including those where there is a high number of electors in the polling station at any one time on polling day. Each polling station should be designed to provide suitable conditions for the elector to vote in private, for staff to conduct elections in an efficient and effective manner and for those entitled to observe the voting process to do so without compromising the secrecy of the ballot.
6.0 STAGE 3 - CONSULTATION
6.1 The consultation stage is for representations and comments on proposals for polling districts and places to be considered. There are two parts to this: x a compulsory submission from the Returning Officer of the parliamentary constituency – this must be published (see below); and x submissions from other persons and bodies, including those with expertise in relation to access for disabled people.
6.2 The Returning Officer must comment on existing and proposed polling stations and must contain information on where polling stations will be placed within a polling place. The Returning Officer’s submission must be published within 30 days of receipt, in a conspicuous place at the council offices and in at least one place within each parliamentary constituency. It should also be published on the council website. It is also suggested that the response could be made available in other council offices, libraries, community centres or other places where residents may visit.
6.3 The Council must consult widely on the review and seek out the views of interested groups or bodies including electors, candidates and agents, political parties and members of the council. Consultees should be asked for comment both in general and if appropriate about the particular buildings within the Council’s district.
6.4 It will be particularly important to consult with those who have experience of assessing access for persons with different disabilities. These could include local disability groups and also national groups such as charities who have guides on access.
- 555 - 6.5 Each of the bodies consulted and any elector for a parliamentary constituency either within or partly within the Council’s area may comment on any of the recommendations within the whole area. Any person or body making a comment has the right (and, indeed should be encouraged) to suggest an alternative polling place/station and to give a reason for the alternative proposal so that it may be given appropriate consideration.
7.0 STAGE 4 - CONCLUDING THE REVIEW
7.1 After considering the representations the Council must decide on the most appropriate polling districts and polling places. The final proposals must be made after taking into consideration all of the representations made. The Council must agree on the proposals for polling districts and places.
7.2 If the review results in the alteration of polling districts, the Electoral Registration Officer must make the necessary alterations to the electoral register. Any alteration is effective on the date on which the Electoral Registration Officer publishes a notice stating that the alterations have been made. If the review is concluded before publication of the annual revised register, the changes can be incorporated in the revised register to be published by 1 December. Otherwise, alterations can be made by the publication of another revised register or on a notice of alteration.
7.3 Where the Electoral Registration Officer has decided to republish to incorporate the changes, they will need to publish a notice fourteen calendar days before the publication of the revised version of the register in a local newspaper, at his or her office and at some other conspicuous place or places in the area.
8.0 PUBLISHING THE CONCLUSIONS OF THE REVIEW
8.1 Once the Council has agreed on the proposals, the new polling districts and polling places must be made available to the public. These should also be made available at the Council offices, in at least one place in each constituency and on the council’s website. The reasons for the choice of every polling district and polling place must be given.
8.2 Along with the reasons for the final decision of the review, there is a range of other details that must also be published, including all correspondence and representations received, details of the designation of polling districts and places as a result of the review and details of where the results of the review have been published.
9. THE APPEALS PROCESS
9.1 The Commission must set out in writing its conclusions and the reasons for its decision. The Commission’s decision will be issued to the person(s) who made the representation, the Council and the Returning Officer. The decision and related
- 556 - documents will also be published on the Commission’s website. Councils are advised to publish the outcome of the appeal in the same way as the results of the review are published.
9.2 The Commission may direct the Council to consider any alterations to the polling places that the Commission deems necessary under the review. After two months, if the Council has failed to make the alterations, the Commission can itself make the alterations as if the Council had implemented them.
10.0 TIMETABLE
10.1 An outline timetable for West Lancashire scheduling the work to be carried out in order to undertake the review is attached as Appendix A. This involves giving notice of the review, seeking comments on the existing arrangements, preparing initial proposals, publishing the initial proposals and the Returning Officer’s comments on polling stations, consulting on these, the Council determining final proposals, publishing these and altering the Register.
11.0 SUSTAINABILITY IMPLICATIONS/COMMUNITY STRATEGY
11.1 Improving voting arrangements for Parliamentary and local elections will benefit voters using the facilities and will aid the democratic process in encouraging electors to vote.
12.0 FINANCIAL AND RESOURCE IMPLICATIONS
12.1 It is difficult at this stage to say how much the review will cost but as much as of the work as possible will be undertaken in-house. If external assistance is required, for example in inspecting all the polling stations and preparing the relevant reports, it is suggested that funding be taken from contingencies. Subject to this however, it is envisaged that the costs of the review will be met from within existing resources.
13.0 RISK ASSESSMENT
13.1 There will be a breach of statutory duty if the authority does not conduct a review of Parliamentary polling districts and polling places.
Background Documents The following background documents (as defined in Section 100D (5) of the Local Government Act 1972) have been relied on to a material extent in preparing this Report.
Date Document File Ref 30 July 2010 Electoral Commission Circular EC 19/2010
- 557 - Equality Impact Assessment There is no evidence from an initial assessment of an adverse impact on equality in relation to the equality target groups.
Appendix Appendix 1 – Polling District/Place Review 2011
- 558 - Appendix 1
Outline Timetable for Polling District/Place Review 2011 (subject to change)
Stage 1 31 May 2011 Complete preparation of relevant reference documents
1 June 2011 xNotice of the Review – website, 7 Days, Newspaper, notice board at main offices/CSP xCopy of the Notice to interested parties
30 June 2011 Closing date for comments
1 – 28 July Consider each Ward and related polling districts/places/stations. 2011 Complete information sheet for each polling station. Work up draft scheme for new polling districts/places and any suggestions for polling stations.
Stage 2 1 August Consult Political Groups to agree proposals for submission to the 2011 Returning Officer
26 August Returning Officer’s report commenting on all existing polling stations 2011 and suggesting any new polling stations that would probably be chosen if the Council accepts the new Proposals.
Stage 3 1 September Council publish Returning Officer’s comments 2011 16 September Closing date for consultation on Initial Proposals and on 2011 recommendations proposed by the Returning Officer
Stage 4 Early October Prepare report to Council re: final proposals for new polling districts 2011 and places taking into account representations received
Mid-October Council decision (date of meeting not yet fixed) 2011
Publishing the conclusions of the review By 31 Make new polling districts and places available to the public – offices, October 2011 constituency, website
Note the amended Register of Electors will be published by 1 December 2011
- 559 - - 560 - AGENDA ITEM: 10
CABINET: 16 November 2010
EXECUTIVE OVERVIEW & SCRUTINY COMMITTEE: 2 December 2010
COUNCIL: 15 December 2010
Report of: Council Secretary and Solicitor
Relevant Portfolio Holder: Councillor D Westley
Contact for further information: Mrs K Samosa (Ext. 5038) (E-mail: [email protected])
SUBJECT: REVISED CAPITAL PROGRAMME AND MID YEAR REVIEW 2010/2011
Wards Affected: Borough wide
1.0 PURPOSE OF THE REPORT
1.1 To agree the Revised Capital Programme 2010/2011 and provide Members with an overview on the progress against it at the mid-year point.
2.0 RECOMMENDATIONS TO CABINET
2.1 That the Revised Capital Programme, including the virements contained within it, be approved for consideration by Council.
2.2 That the progress against the Revised Capital Programme at the mid-year point be noted.
2.3 That call in is not appropriate for this item as it is being referred to Executive Overview and Scrutiny Committee and Council.
3.0 RECOMMENDATIONS TO EXECUTIVE OVERVIEW AND SCRUTINY COMMITTEE
3.1 That the Revised Capital Programme and progress against it at the mid-year point be noted.
4.0 RECOMMENDATIONS TO COUNCIL
4.1 That the Revised Capital Programme, including the virements contained within it, be agreed.
4.2 That progress against the Revised Capital Programme at the mid-year point be noted.
- 561 - 5.0 BACKGROUND
5.1 The Capital Programme is set on a three-year rolling basis and the Programmes for 2010/2011, 2011/2012 and 2012/2013 were approved by Council in February, 2010.
5.2 In accordance with the Capital Strategy, the Capital Programme is subject to revision at the mid-year point to ensure that it is based on the latest available information and to make monitoring of the Programme more meaningful. It enables Managers to review their schemes with the most up to date information and to review the resources available. It also provides a base upon which to build future Capital Programmes.
5.3 Members are kept informed of the financial position of the Capital Programme through regular monitoring reports. The last such report was presented to Cabinet and Executive Overview and Scrutiny in September 2010 and reported on a Capital Programme of £11.859m for 2010/2011.
6.0 REVISED CAPITAL PROGRAMME
6.1 Divisional Managers have reviewed their respective schemes and have made changes as a result of more up to date information that has become available. The reviews incorporated a number of considerations including: x re-profiling the phasing of schemes x changes to external funding availability x levels of anticipated funding required x anticipated levels of demand
6.2 Divisional Managers have also made budget virements to enable the Programme to progress and to re-align schemes to reflect spending profiles.
6.3 Members were advised in the previous monitoring report of additional Regional Housing Allocation funding of £0.05m that was made available to the Council after the budget was set. This funding has been used in the DFG Programme to facilitate a funding switch and has resulted in £0.05m of capital receipts being freed up. The use of these receipts, along with £0.310m identified in other schemes (detailed in Appendix A) will be considered during the Budget process for the 2011/2012 Programme. This process will also include a review of schemes that have slipped from previous Programmes and will be considered by Members in due course.
6.4 Members were also advised in the previous monitoring report of Council’s decision not to proceed with the Abbotsford Regeneration scheme. Alternative costed schemes for the refurbishment of 52 Derby Street will be put to Members for approval in due course. This review is progressing and has not been included in the Revised Capital Programme.
- 562 - 6.5 Plans are being finalised with the Environment Agency for Flood Alleviation schemes and spending will commence once formal approval has been obtained. This could be in 2010/2011 or 2011/2012 and has been excluded from the Revised Programme. The timing of the CCTV upgrades is also uncertain but as funding for this has been allocated (see separate report elsewhere on this agenda), this has been included in the Revised Programme
6.6 All changes made to the 2010/2011 Programme are analysed in Appendix A and show an overall reduction of £0.846m which comprises: x a reduction of £1.342m from approvals reprofiled into future programmes x an increase of £0.806m to non-capital receipt funded schemes: Transfers to/from the HRA to reflect the nature of the expenditure and to fund expanded Housing Programmes LSP funded CCTV scheme New Outdoor Gym equipment part funded from the PCT. x a reduction of £0.310m from capital receipt savings identified.
6.7 The Revised Capital Programme totals £11.013m for 2010/2011. This is analysed by Division in Appendix B along with a summary of the revised capital resources available.
7.0 CAPITAL EXPENDITURE
7.1 Generally, capital schemes are profiled with relatively low spending compared to budget in the early part of the financial year with increased spending as the year progresses. This reflects the fact that many new schemes have considerable lead in times, for example, because of the need to undertake the tendering process and award contracts at the start of the scheme. Other schemes are dependant on external partner funding and schemes can only begin once their funding details have been finalised. Other schemes include contract retentions or contingencies that will only be spent some time after completion of the contract. Most schemes then progress and spend in line with their approval by the year-end.
7.2 This pattern has been repeated in the current year with £2.673m (24%) of expenditure having been incurred by the mid-year. This is higher than the £2.398m (19%) at the same point in 2009/2010 and compares to £3.448m (29%) in 2008/2009 and £3.678m (29%) in 2007/2008.
7.3 There is also currently around £0.793m of committed expenditure due to take place over the coming months. Taking this into account shows an increase in the percentage spend against the Revised Programme to 31%.
7.4 Appendix C provides the Divisional Managers’ comments on the progress of schemes against the Revised Programme. Housing Public and Private Sector schemes represent 78% of the overall programme. Consequently, progress in these areas will largely determine the overall spending position at the year end.
8.0 CAPITAL RESOURCES
- 563 - 8.1 There are sufficient resources identified to fund the 2010/2011 Revised Capital Programme as shown in Appendix A. 8.2 The main area of the capital resources budget that is subject to variation is in relation to capital receipts. These are the useable proceeds from the sale of Council assets (mainly houses under Right to Buy legislation) that are available to fund capital expenditure. These receipts can vary significantly depending on the number and value of assets sold.
8.3 Members are aware that in recent years, receipts from this source have fallen dramatically. The budget for usable capital receipts to be generated from Council House sales in the year is £0.1m from 10 sales. At the beginning of October, however, 9 sales had been completed. Consequently, it looks likely that this budget target will be exceeded.
8.4 In addition to receipts from council house sales, the Council has now sold 2 plots of land that have generated £0.091m of capital receipts.
8.5 In accordance with Council’s resolution in February, a full review of expenditure plans and funding availability for future years is progressing. This is taking account of receipts from council house sales and land sale receipts that have not been utilised in the Programme. It will be considered as part of the Budget process with a view to reducing the Programme and will be managed over a medium term timescale.
9.0 SUSTAINABILITY IMPLICATIONS/COMMUNITY STRATEGY
9.1 The Capital Programme includes schemes that the Council plans to implement to enhance service delivery and assets. Individual project plans address sustainability and Community Strategy issues and links to Corporate Priorities. The Capital Programme also achieves the objectives of the Prudential Code for Capital Finance in Local Authorities by ensuring capital investment plans are affordable, prudent, and sustainable. This report provides an updated position on project plans and shows progress against them.
10.0 RISK ASSESSMENT
10.1 Capital assets shape the way services are delivered for the long term and, as a result, create financial commitments. The formal reporting of performance against the Capital Programme is part of the overall budgetary management and control framework that is designed to minimise the financial risks facing the Council. Schemes within the Programme that are reliant on external contributions and/or decisions are not started until funding is secured and other resources that are subject to fluctuation are monitored closely to ensure availability. The capital receipts position is scrutinized on a regular basis and managed over the medium term to mitigate the risk of unfunded capital expenditure.
11.0 CONCLUSIONS
- 564 - 11.1 The Capital Programme is subject to revision around the mid-year point to ensure that it is based on the latest information available and to make monitoring of the Programme more meaningful. It provides the opportunity of reviewing available resources and a basis upon which to build future Programmes. 11.2 The Capital Programme has been revised to £11.013m for 2010/2011. Members are asked to consider and approve the Revised Capital Programme, including the virements contained within it, as a new basis against which Capital Schemes can be monitored.
11.3 Expenditure against the Revised Capital Programme at the mid-year point is £2.673m. This represents 24% of the Programme for the year which is an increase on last year’s position at the same point.
11.4 It is expected that sufficient capital resources will be available to fund the current year’s programme. The level of capital receipts being generated from Council House sales is being monitored closely and a full review of expenditure plans and funding availability is in progress.
Background Documents: There are no background documents (as defined in Section 100D(5) of the Local Government Act 1972) to this Report.
Equality Impact Assessment There is no evidence from an initial assessment of an adverse impact on equality in relation to the equality target groups.
Appendices: A Summary of Changes to 2010/2011 Capital Programme B 2010/2011 Revised Capital Programme Expenditure and Resource Budgets and Mid Year Performance C Divisional Manager Comments at Mid-Year
- 565 - - 566 - APPENDIX A 2010/2011 REVISED CAPITAL PROGRAMME SUMMARY OF CHANGES
Changes to Reprofile to Capital Receipt Non-Capital Total SCHEME Subsequent Savings Virement Receipt Adjustment Identified Programmes Funding £'000 £'000 £'000 £'000 £'000 Parish Capital Schemes -35 -30 -65 Coronation Park -15 -15 Playground Improvements -80 7 -73 Outdoor Gym Equipment 47 47 Town Centre Management - -16 -16 Christmas Lights CCTV (Relocation) 4 4 CCTV (Camera Upgrade) 220 220 Conservation Area -30 -13 -43 Enhancement General Skem Town Centre Project -30 -30 Corporate Property Investment -50 -73 -123 Programme Office Accommodation -4 -4 Housing Renewal Grants/Loans -825 -194 -1,019 Financial Assistance Affordable Housing -140 -140 Heating System Upgrades -189 -189 Sheltered Housing -201 1 -200 Upgrades/Cat 11 Replacement UPVC Windows -37 -37 Kitchen & Bathrooms Renewals -150 -150 Electrical Upgrades/ReWiring 100 60 160 Re-roofing Works 3 3 Adaptations for the Disabled -60 157 101 198 Energy Efficiency Works -58 -58 Structural Works to Properties 225 113 338 Professional Fees 29 20 49 Communal Areas 150 23 173 Voids Contingency 10 150 160 Housing Contingency -36 -36
-1,342 -310 806 0 -846
- 567 - - 568 - APPENDIX B 2010/2011 REVISED CAPITAL PROGRAMME EXPENDITURE AND RESOURCES BUDGET AND MID YEAR PERFORMANCE
Budget Actual Approval
£'000 £'000 %
Divisional Expenditure
Parish Capital Schemes 50 12 24%
Assistant Chief Executive 254 16 6%
Property Management 744 98 13%
Street Scene 273 267 98%
Planning 32 5 16%
Regeneration and Estates 62 42 68%
Community Services 990 267 27%
Private Sector Housing 1,528 406 27%
Public Sector Housing 7,080 1,560 22%
Expenditure Total 11,013 2,673 24%
Financed by:
Capital Receipts 2,200
Specific Capital Grants 1,696
Housing Allocation 757
Major Repairs Allowance 3,546
Internal Contributions
Housing Revenue Account 1,105
General Revenue Account 835
Internal Borrowing 874
Resources Total 11,013
- 569 - - 570 - APPENDIX C
REVISED CAPITAL PROGRAMME 2010/2011 DIVISIONAL MANAGER COMMENTS AT MID YEAR POINT
Parish Capital Schemes
Savings of £30,000 have been made on Parish Capital schemes and £35,000 has been reprofiled into future programmes. This has partially been achieved through Parishes delivering projects below the costs originally anticipated. It also reflects funding being withdrawn from a number of projects that were approved some years ago but which have not been able to proceed. The progress made on delivering schemes efficiently rests with individual Parish Councils.
Assistant Chief Executive
Orders have been placed on ICT Infrastructure which is funding used to keep the Council’s ICT equipment up to date and to maintain its speed, integrity, and security. Works are progressing in relation to the integration of M3PP with front office on the EDM scheme.
Orders have been raised for hardware and software for the Server Visualisation and other major projects and other schemes are progressing.
Street Scene
The new wheelie bins have been purchased and have been distributed. The Vehicle Tracking Scheme will be completed towards the end of the year.
Regeneration and Estates
The Council is currently working on two separate phases of the Skelmersdale Town Centre Regeneration Project with a development partner but the economic conditions remain challenging. Consultants have now been identified and the Council is sharing these costs with the HCA.
The Investing in Business Regeneration Programmes (IiB) and Council managed IiB funded projects are complete as are the Inspire Projects.
- 571 - APPENDIX C
REVISED CAPITAL PROGRAMME 2010/2011 DIVISIONAL MANAGER COMMENTS AT MID YEAR POINT
Planning
Savings of £13,000 have been identified on demand led Conservation Grant schemes and £30,000 has been reprofiled into future programmes when it is anticipated that demand will improve. It is expected that the remaining programme will be delivered within the new timeframe.
Community Services
Contaminated Land schemes are progressing and are at various stages of completion. It is anticipated that the Environmental Health System will now be completed following the OR Project.
Consultants have been employed on the implementation of the new CCTV suite and the LSP has approved PRG funding for CCTV upgrades throughout the Borough. The timing of this scheme, however, is uncertain and the budget may be moved into 2011/2012 during the budget process. Additional funding has also been secured with the PCT for the acquisition and installation of new Outdoor Gym Equipment.
Works on the various parks are progressing and an anticipated £8,000 overspend on Richmond Park will be funded from the anticipated underspend on Coronation Park. £15,000 has been reprofiled for Coronation Park for access improvements and £80,000 has been reprofiled for Tanfields Park where work will commence following consultation. A further £7,000 Play Builder funding has been secured for Manor Road Park.
New Christmas lighting equipment has been identified for 2011/2012 and this funding has been reprofiled. Minor works on Aughton Street should be complete by the end of the financial year.
The final invoice for works on Nye Bevan Roof repair is awaited and expenditure on the Leisure Trust contract continues. Funding is committed on Allotments and Chapel Gallery and WiFi provision are complete.
- 572 - APPENDIX C
REVISED CAPITAL PROGRAMME 2010/2011 DIVISIONAL MANAGER COMMENTS AT MID YEAR POINT
Housing Private Sector
Take up on the Housing Loans scheme has been slower than anticipated and funding has been returned to the Capital Pot. The remaining funding has been profiled over the remaining life of the existing contract. A funding switch in the Disabled Facility Grant Programme to utilise the Regional Housing Allocation has enabled a further £50,000 of capital receipts to be returned to the Pot as the current Programme fulfils current demand.
The Clearance Programme is subject to the completion of legal procedures and plans have been prepared for expenditure on both Affordable Housing and the Empty Homes Initiative.
Housing Public Sector
The Housing Public Sector Programme has been thoroughly reviewed to take account of new contracts awarded for the financial year. Original budgets have been moved between schemes to facilitate the implementation of the new contracts and budgets for Sheltered Accommodation and Disabled Adaptations have been reprofiled into subsequent programmes. Expenditure of a capital nature has been transferred from the HRA which has also funded expansions to several Housing Programmes. All of the adjustments are detailed in Appendix B to this report.
Expenditure on the Bin Store scheme is linked to the rollout of the Council’s new wheelie bin programme and contingencies have been included for Decent Homes and Voids. The remaining programme, including the Housing ICT System, will be delivered within the new budgets allowing for some retention at the end of the year.
Corporate Property
A number of projects are currently in progress and the spend on Health and Safety works is ongoing. Following a review of the programme, £72,500 has been identified as surplus to requirements and has, therefore, been offered up as a saving.
The vast majority of work on the Office Move and Refurbishment has been completed and utilisation of the remaining resources has yet to be finalised.
- 573 - - 574 - AGENDA ITEM: 11
COUNCIL: 15 December 2010
Report of: Executive Manager Housing and Property Maintenance Services
Relevant Portfolio Holders: Councillor A Owens
Contact for further information: Phil Holland (Ext:5226) e-mail: [email protected]
SUBJECT: REFURBISHMENT OF 52 DERBY STREET OFFICE COMPLEX
RH/BC/AC 24 November 2010
Borough wide interest
1.0 PURPOSE OF THE REPORT
1.1 The purpose of this report is to identify scope of works and costs to enable the Council to function from the site for a minimum of a further 5-year period from April 2011 - 2016.
2.0 RECOMMENDATIONS
2.1 That the Council indicates which of the two options described in the report is to be taken forward.
2.2 That in the event of Option 2 being the Council’s preferred Option, the Executive Manager Housing and Property Maintenance Services be authorised to arrange for the installation of Photo Voltaic solar panels on the pitched roof, in consultation with the Portfolio Holder for Regeneration and Estates, subject to the feasibility and costs being acceptable
2.3 That the investment of up to £20,000 for the upgrading of the heating distribution arrangements within the building, which has proved necessary be approved and in this respect Contract Procedure Rule No. 6 be waived to allow specialist heating contractors to undertake the works.
2.4 That the Executive Manager Housing and Property Maintenance Services be authorised to tender and proceed with works needed to meet the Council’s
- 575 - preference for refurbishment of 52 Derby Street, including the works described at 2.1 above, if appropriate.
2.5 That the Executive Manager Housing and Property Maintenance Services be authorised to enter into an agreement with Lancashire C.C. for the relocation of the Registrar’s service to 52 Derby Street, subject to agreement on terms and costs which are advantageous to the Council.
2.6 That capital receipt funding of up to £30,000 be approved to provide an additional staffing resource to manage the workload issues created by this project.
3.0 BACKGROUND
3.1 The Council decided not to proceed with a new build office development and instead asked for options to refurbish 52 Derby Street to be brought back for consideration.
3.2 The Wigan Road Site Cabinet Working Group met in September 2010 and had a site inspection walk around the complex to familiarise themselves with the key findings of a building stock condition report undertaken by consultants in June 2010.
3.3 At this meeting Members requested further detailed options for the refurbishment including costs and taking account of the condition of the structure, the use of space within the building, arrangements for handling asbestos, the electrical installations and mechanical installation condition.
3.4 During September and October the following specialist surveys were commissioned:
x Structural survey of the building x Mechanical and electrical services report x Full dimensional survey of premises x Computer Aided Design (CAD) plans and elevations x Spatial use survey
3.5 During November the heating system to part of the complex developed a major pressure drop that required the system to be shut down and investigations commissioned.
4.0 CURRENT POSITION
4.1 The building stock condition report identified the following key defects:
x Flat roof covering to the majority of the complex is very poor condition requiring urgent attention x No insulation exists to the roof x Most windows are deteriorated and in need of repair or replacement x Timber shiplap cladding is severely deteriorated requiring replacement
- 576 - x Pitch roofs require patch repair and lead flashings require replacement x Internal condition is in need of some localised replacement of carpet tiles, suspended ceiling tiles and painting of walls and woodwork. x Gutter repairs x Brickwork/lintel repairs x Replacement metal gates x External painting of woodwork
4.2 The Structural engineers report did not find any substantial issues other than a possible settlement issue on the front left hand corner of the old part of the building, which may require underpinning.
4.3 The Mechanical and Electrical Engineer’s report stated the current state of the engineering systems is such that they can be operated with routine maintenance in their current condition for a further 5 years, without having to replace major components.* However, thereafter there will be component failures, which will require considerable investment over the period covering year 6 to 10 (2017- 2021).
* This excludes the heating failure in items 2.3 & 3.5 of this report.
4.4 The report considered the following component systems:
x Domestic water services x Gas services x Heat source x Heating distribution * x Ventilation x Air conditioning x Main electrical switch gear x Electrical sub main cables x Electrical distribution boards x Lighting ** x Emergency lighting*** x Power x Fire alarms x Communications x Internal door access system
* There are some caveats in that the engineer was unable to access the ducting shafts, which run underneath the complex due to asbestos contamination. ** Whilst the lighting is deemed in acceptable condition it is not to current Lux levels in certain parts of the building and will require upgrading with low emissivity lighting. *** There is a need to upgrade some of the emergency lighting provision.
4.5 The CAD survey has identified the total floor area (excluding the basement storage area) as 3370m².
- 577 - 4.6 The spacial survey examined the staffing levels and available space. The current staff occupying the space is 209. The intention is to relocate 14 IT staff from Westec House into the refurbished 52 Derby Street complex, making a total staff accommodation level of 223.
4.7 The existing complex is not well used in terms of maximising floor space to individual staff. There is also more meeting room space than is required. An examination of the booking diary for the various meeting rooms, committee rooms and chamber confirmed they are not used to maximum effect in that there is more meeting room space than is actually required. It is therefore proposed to lose committee room 1 and offer this as usable office space.
4.8 The actual usable office space is derived by omitting the space occupied by the following:
x Council chamber 143m² x Committee room 2/3 68m² x Reception area 87m² x Meeting rooms/interview rooms 36m² x Cabinet office 19m² x Members area 50m² x Civic reception 53m² x Labour group office 13m² x Leader office area 48m²
TOTAL 517m²
The resulting usable office space is 2853m².
If 10% is deducted for WC’s and corridors we have an office footprint of 2568m².
Using industry benchmark figures of 10m² per member of staff this area will accommodate 257 staff.
4.9 The running costs of the existing complex including cleaning, caretaking, repairs and maintenance, Council tax and all utilities bills amounts to £257,140.
4.10 The refurbishment will reduce repairs and maintenance costs and will include roof insulation and some double-glazing, which will reduce the heating costs. Also the introduction of low energy lighting will reduce the lighting costs and increase the Lux levels. We anticipate an overall saving of about £10,000/year at current prices.
4.11 The heating failure has been attributed to a major pressure drop on the pipe distribution network, which is buried below ground and not accessible nor traceable. This will require part of the system to have pipe work re-routed above ground and in ceiling voids and the work commenced on 4 December 2010. We have also taken the opportunity to install new thermostatic radiator valves on radiators.
4.12 In late November the County Council advised that they would be interested in relocating the Registrar’s Service into 52 Derby Street. Initial discussions have
- 578 - taken place and there is definitely a strong preference for this to occur which supports the locality agenda.
4.13 However, at this stage negotiations continue and I would ask Council if they are happy with the principle to delegate this to officers to agree the detail subject to the Council receiving capital and/or revenue contribution, which is satisfactory.
4.14 There are a number of possible changes which will take place over the months and years ahead this includes:
x Reduce Government Grant support for Local Authorities x Management restructuring x Shared services x Locality working
Because of this I have not prepared a masterplan on office relocation but rather will provide sufficient space to each division to operate in the short term and will make changes as necessary in the future.
5.0 PROPOSALS
5.1 The building requires the work identified in para 4.1 to be undertaken to make wind and weather tight and internal finishes have been specified to match those at Sandy Lane and Robert Hodge Centre – recently refurbished. Two variable options are presented to members to consider – install a new flat roofing system or install a pitched roofing system.
In addition we have taken the opportunity to upgrade the microphone and loop system to the Council Chamber and install air conditioning whilst the major works on are onsite.
IT costs have been factored in to allow the movement of the IT hardware and backup systems from Westec House to 52 Derby Street.
5.2 Option 1 – Flat roof
This option will necessitate the decanting of staff from the 1st floor on a phased basis to allow works to commence. The works will require the complex to be scaffolded, the roof decking and coverings removed, new insulated decking and membrane installed and also the removal and disposal of approx 25 air conditioning condensers off the roof and subsequent new ones installed.
The phasing will begin with the older front part of the building with staff decanted to Westec House. This part of the building does not require re-roofing but does require windows and internal improvements. Once done, staff from the flat roof section of the building can be relocated to the second floor of the old building as a permanent move. The phase 2 of the works (South end flat roof) can be completed; staff can be either relocated from the phase 3 area (North end flat roof) or staff moved back from Westec House and so on.
- 579 - Each time a member of staff moves there is a cost of approx £125 per staff per move; so the least moves the cheaper. A move to Westec will require a subsequent move back to 52 Derby Street so double the costs.
We have identified that to undertake this option we will have incurred 199 staff movements at a cost of £25K. There is also the considerable disruption and non- productive time needs to be taken into account.
The flat roofing costs, building defect works and all other associated costs total £644,700.
5.3 Option 2 – Pitched roof
This option proposes a lightweight pitched steel frame system clad in profiled metal sheets that replicate a traditional style tiling system.
This option will require planning permission. Also the existing 25 air conditioning units will have to be removed and disposed and new ones provided and either relocated on the rear elevation wall (west elevation) or on a bespoke platform area within the roof layout. Either way there will be a noise consideration issue for Planning.
This option will not require the wholesale top floor decanting as required on option 1. However it will be a noisy environment and in some local areas staff will have to move to facilitate works.
This option also allows us to explore incorporating a Photo Voltaic Solar System to the roof either during construction or at a later date. This technology would allow us to contribute to the electrical running costs of the complex and if we generate surplus energy this can be sold back to the energy grid via a feed-in- tariff arrangement.
The pitch roofing costs, building defect works and all other associated costs total £712,950
5.4 Advantages/disadvantages of the two options
Option 1 (flat roof) advantages
x £68,250 cheaper x No planning requirements x Insulated to current standards x No light reductions through existing windows ( mainly around chamber well) x Quieter construction operation x Quicker construction option; although to be done in phases x Utilise existing drainage outlets
Option 1 (flat roof) disadvantages
x Still a flat roof with maintenance liabilities; 20 year lifespan x Staff movements necessary
- 580 - x More staff disruption x Higher risk both during construction and during lifespan x More complex staff movements/construction phasing. x Invisible improvement (not obvious where the money went)
Option 2 (pitched roof) advantages
x Less maintenance liabilities x Staff movements minimal x Visually more appealing aesthetically x Longer life expectancy 30 year lifespan x Insulated to current standards x Lower risk during construction and during lifespan x Obvious re-design feature ( a lot of roof for the money) x Opportunity to include a Photo Voltaic solar system reducing electric costs
Option 2 (pitched roof) disadvantages
x £68,250 more expensive x Planning requirements x Complete re-siting of Air con units/gas lines required (costed above) x Light reduction through existing windows (mainly around chamber well) x Drainage modifications required x Nosier construction operation x Longer construction period x Obvious re-design feature (public perception spending money on Council buildings)
5.3 Health & Safety considerations
x The scheme will be a notifiable project to the HSE and will require full CDM compliance in accordance with standard practices. x The building will still be operational as a Council office with staff and members of the public entering and leaving the complex whilst the works are undertaken. Protective measures and signage will be an essential pre- requisite of the risk assessments undertaken. x Contractors will be required to provide method statements that identify appropriate methods of working that form part of their undertakings. x An asbestos management survey was undertaken in the summer 2010 and will be made available to all contractors working on the complex. However a more detailed intrusive demolition/refurbishment asbestos survey will be required which will incur additional cost (provisional figure included).
6.0 SUSTAINABILITY IMPLICATIONS/COMMUNITY STRATEGY
The proposed works will prolong the life of the existing Council Main office complex. Full consideration will be given to the environmental impacts of the work. We will also improve the energy efficiency of the building by introducing roof insulation, introducing low energy lighting and installing some double glazed window systems.
- 581 - 7.0 FINANCIAL AND RESOURCE IMPLICATIONS
x The cost of the works amounts to either £644,700 or £712,950 depending, which option is chosen, and this can be funded from the capital receipts previously allocated to the Abbotsford Regeneration project.
x There is also a staff resource implication in tendering and managing the contract, which has not been included as a specific fee. Whilst this can be managed with existing staff resources familiar with the scheme there will be a need to appoint additional staff to assist in other areas for the duration of the Contract and this it is proposed to allow up to £30,000 for this resource.
x There will be a reduction in revenue costs of approximately £10,000 per annum.
8.0 RISK ASSESSMENT
There is significant risk to the Councils ability to function and maintain suitable and sufficient services to residents of West Lancashire if the works are not undertaken.
9.0 APPENDICES
There will be four schematic projections handed out at the meeting, two will detail the existing complex viewed from the South and North and two will detail the complex with a pitched roof option superimposed viewed from the South and North.
- 582 - AGENDA ITEM: 12
COUNCIL: 15 December 2010
Report of: Acting Executive Manager Planning
Contact for further information: Mr I. Gill (Extn. 5192) (E-mail: [email protected] )
SUBJECT: INTEGRATED TRANSPORT AUTHORITY
Wards affected: Borough wide
1.0 PURPOSE OF THE REPORT
1.1 To update Members on the response from Lancashire County Council regarding options for an Integrated Transport Authority (ITA) covering West Lancashire.
2.0 RECOMMENDATIONS
2.1 That Council note the response from Lancashire County Council.
2.2 That the Acting Executive Manager Planning continues to monitor the adequacy of the current working arrangements.
3.0 BACKGROUND
3.1 A motion was put to Council at its meeting on 15th July 2009, which called on Lancashire County Council to instigate a Passenger Transport Executive on the Lancashire boundaries. After some debate the following amendment was moved and carried:
"That Lancashire County Council be requested to prepare a report setting out the advantages and disadvantages, including any cost implications, of either creating an Integrated Transport Authority or West Lancashire being included in one of the adjoining ITAs for Merseyside or Greater Manchester."
3.2 A letter was duly sent to Lancashire County Council on 20th July 2009, and an acknowledgement received on 29 July stating that this matter was receiving attention.
3.3 A letter, dated 28 September 2009, was then received from Lancashire County Council stating that current work being undertaken by WS Atkins would help with
- 583 - the consideration of transport governance arrangements, and that this was to be presented to district partners on 9 November 2009. It was also stated that this would influence the development of LTP3 (the third Local Transport Plan), and that delivery models for transport would be addressed as part of this process. At that point, therefore, no decision about the benefits of an ITA had not been made.
3.4 A further letter was sent to Lancashire County Council in December 2009 setting out our concerns that this matter had not yet been fully explored and Lancashire County Council replied by offering a meeting after which a report would be prepared setting out the costs and benefits of an ITA as requested.
3.5 The Council's Interim Head of Planning Policy and Environment met with County Council officers on 15 July 2010. A copy of the Atkins Technical paper on Transport Governance was passed to the Council.
3.6 It was agreed that Lancashire County Council would now write and respond to the Council's original request.
4.0 PRESENT POSITION
4.1 A letter was received from the County Council in August 2010. This is attached as Appendix 1 to this report. The letter refers to the WS Atkins report and that as a result of this work that the County Council now consider that voluntary partnership working offers the most suitable way of dealing with transport issues in Lancashire. It is considered the most straightforward option as it requires limited change to existing practice and does not require the transfer of powers or any secondary legislation under the Local Transport Act.
4.2 The County Council recognise in their letter the need to develop enhanced and stronger relationships with neighbouring authorities, particularly Merseyside. This is reflected in work being undertaken on the Skelmersdale Rail Study.
4.3 Officers followed up the letter and asked if anything further could be added to the response, given our original request for a report on this matter. Eventually the County Council responded to say that nothing further could be added to their letter.
5.0 VIEWS OF THE ACTING EXECUTIVE MANAGER
5.1 In terms of an ITA for Lancashire, the Atkins Report considers the case for an ITA for Lancashire and demonstrates that there are strengths and weaknesses of the ITA approach. It makes it clear that the situation should be monitored and that if working arrangements are proving to be inadequate then a formal Governance Review should be initiated to explore the potential for further structural reforms on a statutory basis. As far as I am aware this report was only considered at an officer level at Lancashire County Council.
- 584 - 5.2 We are increasingly working more closely with the Merseyside authorities on a number of areas of planning related work, which involves elements of transport. This has raised awareness across the sub-region of the need to improve links between Lancashire and Merseyside. The Council is now involved in a joint study with Merseytravel and Lancashire County Council in relation to linking Skelmersdale with the Merseyrail system. Officers also attend a Transport Group established by the Greater Manchester authorities.
5.3 It is clear that without the support of Lancashire County Council there is little point in pursuing further an ITA for either Lancashire or for West Lancashire to be included within arrangements for Merseyside or Greater Manchester. However, the current working arrangements should continue to be monitored. If arrangements prove to be inadequate then this Council could request a Governance Review as suggested by the Atkins Study.
5.4 In the meantime this Council should continue in its joint working arrangements with other authorities and to urge the close involvement of Lancashire County Council with the LTP work being undertaken in Greater Manchester and Merseyside.
6.0 SUSTAINABILITY IMPLICATIONS/COMMUNITY STRATEGY
6.1 There are no direct sustainability implications arising from this report. The Borough Council will continue to work on transport schemes with Lancashire County Council which will improve the transport options available to people.
7.0 FINANCIAL AND RESOURCE IMPLICATIONS
7.1 There are no financial or resource implications arising from this report.
8.0 RISK ASSESSMENT
8.1 There are no identified risks arising from this report.
Background Documents The following background documents (as defined in Section 100D (5) of the Local Government Act 1972) have been relied on to a material extent in preparing this Report.
Date Document File Ref Sept 2009 Sub Regional Transport Framework for Lancashire Held by Interim Head Technical Paper – Transport Governance Planning Policy & Env.
Equality Impact Assessment There is no evidence from an initial assessment of an adverse impact on equality in relation to the equality target groups.
- 585 - Appendices Appendix 1 – Letter from Lancashire County Council – 13 August 2010
- 586 - - 587 - - 588 - AGENDA ITEM: 13
SPECIAL CABINET: 15 December 2010
COUNCIL : 15 December 2010
Report of : Assistant Chief Executive
Relevant Portfolio Holder : Councillor D Westley
Contact for further information : Ms. Kim Webber (Extn. 5005) (e-mail: [email protected]) Mr. Peter Blakey (Extn. 5054) (e-mail: [email protected])
SUBJECT: CONCESSIONARY TRAVEL
Borough-wide interest
1.0 PURPOSE OF THE REPORT
1.1 To update Members on the implications of the transfer of statutory responsibility for concessionary travel from the lower to upper tier Authority i.e. WLBC to LCC from 1 April 2011 and to seek approval in relation to consultation on options for the future in relation to discretionary concessions.
2.0 RECOMMENDATIONS TO CABINET AND COUNCIL
2.1 That Members note the current position as outlined in the report.
2.2 That Officers continue to liaise with Lancashire County Council colleagues in relation to their proposals for any future scheme of concessionary travel within the Borough and their proposals for the operation of this.
2.3 That Members agree the proposals for consultation as set out in paragraph 7 of the report in relation to the options identified at paragraph 6.1 of the report.
2.4 That the Assistant Chief Executive report back to Council in February with the results of the consultation and proposals for discretionary concessionary travel within the Borough from 1 April 2011, together with an equality impact assessment.
- 589 - 3.0 BACKGROUND
3.1 The Council as a Concessionary Travel Authority (CTA) is currently statutorily responsible for the provision of the English National Concessionary Travel Bus Pass (ENCT) to eligible elderly and disabled customers within the Council's boundaries.
3.2 The statutory minimum English National Concessionary Travel Scheme entitles eligible pass-holders to travel free of charge anywhere in England on standard off-peak bus journeys i.e. Monday to Friday post 9.30 a.m. to pre 11 p.m. and anytime at weekends and Bank Holidays.
3.3 In partnership with other Lancashire Authorities including Lancashire County Council, eligible elderly and disabled pass-holders can receive the above concession which is enhanced with additional discretions i.e. they can travel pre 9.30 a.m. and post 11 p.m. Monday to Friday for 50p flat fare for journeys starting or ending in West Lancashire, off-peak travel on Blackpool trams and the Knot End ferry. WLBC pass-holders can also use their bus passes to travel on local Dial-a-Ride and County Car scheme services.
3.4 The Council offers the above additional bus pass concessions in partnership with Lancashire County Council who produce the passes, maintain a database of users, liaise/negotiate with bus operators and administer the travel cost recharges with bus operators and CTA's.
3.5 As an alternative to the above bus concession, the Council also offers eligible elderly applicants the following discretionary travel concessions:
x Free senior rail cards allowing one-third off most standard rail journeys, or x £28 national travel tokens which can be used on most local taxi, rail or bus services.
N.B. Any eligible applicant who opts for either the above bus pass or travel tokens can also purchase a discounted senior rail card for £21 (the price if bought from the rail companies is £26).
4.0 CURRENT POSITION
4.1 The statutory responsibility for concessionary travel (ENCT) transfers to Lancashire County Council (LCC) on 1 April 2011. The Council and LCC are currently in discussions about the impact on transfer of funding, staff and operational processes.
4.2 At the time of writing, due to the lack of detail available from Central Government about future funding for the Scheme, LCC were still considering their position in relation to discretionary travel concessions and how they would envisage operating the statutory scheme once transferred. Officers at WLBC are in regular dialogue with their counterparts at LCC in order to establish LCC’s intentions at the earliest opportunity.
- 590 - 5.0 ISSUES
5.1 There are a number of issues arising out of, and related to, the current position as identified above:
x Initial indications are that the Government may transfer at least the level of funding currently expended by the Borough Council in providing the statutory and discretionary concessionary travel elements described above to the County Council on transfer of responsibilities. Nationally, concerns have been raised about the proposed approach on behalf of District Councils, and the final position is not yet known and is unlikely to be known until at least December 2010. x There is a requirement to give bus operators a minimum of four months notice of any changes to the existing Lancashire Joint Concessionary Travel Scheme, i.e. notice was required of any changes by 1 December 2010 and in this respect notice was given on behalf of participating Authorities by Lancashire County Council as the lead body that there maybe changes to the Scheme as from 1st April, 2011. x The Council normally orders senior rail cards and travel tokens from suppliers by mid-December for the next year. Officers have negotiated an extension into February 2011 in this regard. x There are potentially TUPE/redeployment/redundancy implications for the three FTE members of staff involved in the administration of the current scheme and this will require appropriate consultative lead-in times. x It would be advisable to ensure that the Council fulfils its responsibilities by ensuring that it takes account of views of relevant stakeholders who maybe affected by decisions that affect the Community i.e. undertake consultation in relation to any possible changes to policy and practice affecting this high profile scheme in order to be able to undertake a suitable and sufficient equality impact assessment prior to any decision being made by the Council. x There are legal powers (wellbeing powers) that could be used should the Council wish to offer a discretionary enhancement to the statutory scheme following transfer of responsibility on 1 April 2011. However, under this legislation the Council would have to have regard to a number of considerations. Furthermore, under this power the Council would not be able to ask applicants to waive their rights to a statutory concession thereby potentially increasing the costs of any concessionary enhancement, and bearing in mind the extremely challenging financial future the Council is facing it is likely that whatever the outcome of the above consultation continued provision of discretionary travel concessions in the current form would be unaffordable.
6.0 OPTIONS
6.1 In terms of the future concessionary travel scheme within the Borough in the light of the national changes described above the following main options have been identified:
- 591 - (a) Lancashire County Council may choose to offer the same service as now encompassing the statutory and discretionary elements identified above.
(b) Lancashire County Council may choose to offer a statutory only service or some additional enhancement but not at the level currently provided within the Borough.
(c) In the event of (a) or (b) above this Council could consider working in partnership with LCC to provide additional concessions.
(d) In the event of (a) of the above this Council could consider ceasing the provision of any concessions additional to those provided by the LCC scheme.
7.0 PROPOSALS FOR CONSULTATION
7.1 The Council has a statutory duty to involve representatives of local persons in the exercise of their functions when the Council consider it is appropriate to do so. The duty specifies three ways in involving that need to be covered in this consideration, i.e. providing information, consulting, or involving in another way. There is also a common law requirement for fair consultation which requires Councils to contentiously take account of the representations of consultees. In addition, the Council has statutory responsibilities in relation to the undertaking of Equality Impact Assessments. In the light of this it would be advisable, given the nature of the scheme and possible implications, that the Council undertake consultation in relation to the options identified at paragraph 6 above. The purpose of this consultation would be to ascertain the views of key stakeholders including:
x LCC x Parish Councils x Groups representing elderly and disabled people x Other residents and tenants groups x Residents generally.
7.2 In this regard it is suggested that the Council undertake a written consultation, writing both directly to a number of key stakeholders and making available over the website a questionnaire for completion with a view to seeking views on any potential impact that stakeholders feel there may be in relation to the options identified above, and how any such negative impacts might be ameliorated. It is suggested that this consultation be carried out between mid-December and late January in order to enable officers to report this consultation, together with any proposals for the future, to Council at its meeting on 23rd February 2011. Three quotations have been sought in relation to the consultation process exercise, and the lowest quotation has been selected (the LCC in house team) who will deliver the consultation in liaison with Officers subject to Council`s decision.
8.0 FINANCIAL AND RESOURCE IMPLICATIONS
8.1 The cost to the Council of the discretionary elements of the existing Concessionary Travel Scheme is £330,000 per annum. These costs are currently
- 592 - funded by Central Government grant however it is expected that this funding will be lost as part of the transfer of concessionary travel responsibilities to upper tier authorities next year. Consequently if the County Council does not continue to provide these concessions, and the Borough Council wishes to maintain them, then it will need to replace the government grant that will be lost with mainstream Council funding. 8.2 It should be noted that the potential cost of continuing to offer local discretions post 1 April, 2011 could be significantly higher than the current level due to the factors outlined in paragraphs 5.1 bullet point 6 above. For example if all 26,000 elderly West Lancashire residents applied for the discretionary option of Travel Tokens, this could result in costs of £728,000 compared to the current budget of £114,000. 8.3 The above implications need to be seen in the context of the latest announcements in Government that Councils are likely to face 28% reductions in grant allocation over the next four years and in this regard Members will need to consider carefully the implications of both offering or not offering a continued discretion, together with the impact of any such decision on other services that the Council currently offers. 8.4 The cost of the consultation is estimated at approximately £4,000 plus some Officer time, which can be funded from existing budgets. 9.0 RISK ASSESSMENT 9.1 There is a risk associated with the fact that LCC's intentions in relation to the future operation of the concessionary travel scheme within the Borough have not yet been finalised, albeit for understandable reasons. Risks here relate to the requirement to provide four months notice to travel operators of any change, the requirement to consult appropriately with staff and effect appropriate TUPE/redeployment/redundancy processes in relation to any changes, and the need to consult appropriately at a time when the full range of options are not clear. LCC officers have advised of their awareness of this issue, and have issued a precautionary notice to operations. 9.2 There are financial risks associated with the options identified within the report given the likely grant settlement that will be made to Borough Councils. Any decision in relation to the continuation of a discretionary travel concession scheme is likely to have an impact on the delivery of other statutory/discretionary services by the Council. 9.3 Subject to negotiations with suppliers of travel tokens and rail cards, there was a risk associated with the fact that normally rail cards and travel tokens are ordered in December for issue the following financial year. Negotiations have secured a later order date in order to limit the Council's financial exposure in this regard given that it will not be possible to make a decision finally as to whether or not to offer a discretionary concessionary scheme within West Lancashire until February 2011 at the earliest.
10.0 SUSTAINABILITY IMPLICATIONS/COMMUNITY STRATEGY
10.1 Transport difficulties and sustainable transport are identified as key issues within the sustainable community strategy and the options identified within this report
- 593 - pay due regard to the importance placed on this issue within the sustainable community strategy
Background Documents There are no background documents (as defined in Section 100D(5) of the Local Government Act 1972) to this Report.
Equality Impact Assessment There is some evidence from an initial assessment that there could potentially be an adverse impact, in relation to a number of the options identified within the Report. It is therefore proposed to present a formal equality impact assessment, when the Assistant Chief Executive reports back to Council in February 2011.
Appendices: none
- 594 - AGENDA ITEM: 14
COUNCIL: 15 DECEMBER 2010
Report of: Executive Manager Housing and Property Maintenance Services
Relevant Portfolio Holder: Councillor Mrs Val Hopley
Contact for further information: R V Livermore (Extn. 5200) (E-mail: [email protected])
SUBJECT: INSPECTION OF LANDLORD SERVICES
RVL/BC/EH2.945coun 7 December 2010
All Wards where Council Houses exist
1.0 PURPOSE OF THE REPORT
1.1 The purpose of this report is to agree a Self Improvement Action Plan for the Housing Service following an Audit Commission Inspection in March 2010 and taking into account some issues raised by the Tenant Services Authority (TSA) in their letter attached at Appendix A.
2.0 RECOMMENDATIONS
2.1 That the Self Improvement Action Plan at Appendix B (copy to follow on 14 December 2010) be approved.
2.2 That the Executive Manager Housing and Property Maintenance Services be authorised to implement the Self Improvement Action Plan within the costs identified in paragraph 7.2 of this report.
2.3 That progress on implementing the Self Improvement Action Plan be monitored and that progress against this be reported to the Tenant and Resident Forum and Corporate Overview and Scrutiny Committee.
2.4 That Members note the results of the BMG Customer Satisfaction Survey.
- 595 - 3.0 BACKGROUND
3.1 The Audit Commission inspected the Housing Service in March 2010.
3.2 Feedback on the findings of the Audit Commission was presented to staff, Members and Tenants on 10 November 2010. A full copy of the report is available on the Audit Commission website.
3.3 At the meeting on 10 November 2010 Members also received a presentation from BMG Research who carried out a satisfaction survey of tenants which highlighted some very positive feedback from the Council’s Tenants which would appear to contradict the findings of the Audit Commission, which is being disbanded by the Government. A full copy of the BMG Research survey is available on the Council’s website.
3.4 The Audit Commission Inspection is conducted regardless of whether the landlord is an RSL, ALMO or Local Authority retained landlord. It should be noted that over the last 3 years of landlord inspections 96% have only been able to achieve a poor or fair rating.
4.0 CURRENT POSITION
4.1 The expectation from the Audit Commission and the TSA (Tenant Services Authority) is that the Council should agree to an Improvement Action Plan which recognises the improvement suggested by the Audit Commission. Additionally, the TSA would welcome the Improvement Action Plan, including work required by the regulator, particularly around meeting the standards which come into effect from 1 April 2011 and the scrutiny arrangements that will need to be put in place to monitor these.
5.0 IMPROVEMENT ACTION PLAN
5.1 The Self Improvement Action Plan is attached at Appendix A and will deliver the improvements that have been identified by the Audit Commission and address the areas identified by the TSA at a recent meeting.
5.2 The monitoring of progress in meeting these improvements is vital. I believe that Tenants should monitor this through the Tenant and Resident Forum initially. Any areas of concern by the Forum can be reported to Cabinet for attention.
6.0 SUSTAINABILITY IMPLICATIONS/COMMUNITY STRATEGY
6.1 The Self Improvement Plan will make the service more sustainable as good quality services at reasonable charges and generally welcomed by service users.
6.2 The Community Strategy looks to provide good quality, well managed homes and the Improvement Plan supports these principles.
- 596 - 7.0 FINANCIAL AND RESOURCE IMPLICATIONS
7.1 To date approximately £500,000 has been committed from existing budgets to support the work already undertaken to meet the Improvement Plan, including procurement of the new housing computer system.
7.2 I estimate that a further £220,000 will need to be invested in delivering the Improvement Plan and sustaining the level of improvements required by the TSA regulatory regime.
8.0 RISK ASSESSMENT
8.1 It is critical to the Council that the Improvement Plan is delivered in full on a timely basis.
8.2 I therefore propose that residents monitor progress and that any concerns be reported back to Cabinet if necessary.
Background Papers The following background documents (as defined in Section 100D (5) of the Local Government Act 1972) have been relied on to a material extent in preparing this Report:
1. Audit Commission Report published 11 November 2010
2. Letter from Tenant Services Authority dated 8 November 2010
Appendices Appendix A – TSA letter dated 8 November 2010
Appendix B - (work in progress) – to follow
- 597 - - 598 - Fourth Floor Mr William Taylor One Piccadilly Gardens Chief Executive Manchester West Lancashire Borough Council M1 1RG PO Box 16 Tel: 07795121516 52 Derby Street Ormskirk Fax: 0161 242 2001 Lancashire Email address: L39 2DF [email protected] Ref: CLB/WLBC letter 1 8th November 2010
Dear William,
Compliance with the Regulatory Framework for Social Housing
Following our recent regulatory engagement with West Lancashire Borough Council, I am writing to outline concerns we have regarding your current compliance with the standards set out in the Regulatory Framework for Social Housing. This framework sets out how we will regulate social housing in England, and applies to all social housing providers, including local authorities, from the 1st April 2010. It includes our approach to co-regulation and the regulation of local authority social housing.
One of the core principles of the co-regulatory approach is that we support sector led improvement. We want providers to take ownership for the improvement of their services and performance against the standards. Where we identify problems, we will offer providers the opportunity to put things right and demonstrate a stepped change through self improvement. The purpose of this letter is to make you aware of the concerns we have and to provide you with the opportunity to respond to these concerns in line with our co- regulatory approach.
Thank you for agreeing to meet with me on Tuesday 9th November at 11am. The purpose of this meeting is to discuss the content of this letter with you, discuss any emerging issues and to gain an understanding of how the council is working to bring about the required improvements to ensure compliance with the TSA standards and improved services for tenants.
Sources of Information In reaching our view on your current compliance with the standards we have analysed information and intelligence from a number of sources including: o the West Lancashire Borough Council [WLBC] Annual Report to Tenants published October 2010; o the TSA regulatory engagement meeting with WLBC on 21st September 2010; o a review of content of your website; o a review of a number of WLBC documents submitted to the TSA following the meeting on 21st September 2010, including the latest performance reports for councillors and tenants and copies of your current improvement plans; and o the outcome of the AC inspection carried out in March 2010, due for publication later this month. This resulted in an overall assessment of WLBC’s landlord service as ‘poor with uncertain prospects for improvement’.
- 599 - Regulatory Concerns It is important that we set out what our current concerns about your performance and service delivery are. This will form the basis of our regulatory engagement with you.
Our concerns relate to the following areas of the TSA Standards: o Tenant Involvement & Empowerment:
o providing tenants with a range of opportunities to influence how providers meet all the TSA's standards.
o There are indications of non compliance in this area. Whilst we recognise that some work is planned to address this, we have concerns that the proposed future methods of involvement have not been shaped by tenants or developed in direct response to their needs/priorities. There are also concerns about your ability to deliver this improvement in a timely way, given the length of time it has taken to dismantle the existing structure, and the limited resources available. There are currently gaps in involving tenants in developing plans to improve services, and there are no clear actions within the existing service plans which will address this gap. This is critical to delivering services in a co-regulatory way.
o providing tenants with a range of opportunities to scrutinise their performance against all standards and in the development of the annual report.
o There are indications of non compliance in this area. There are currently no formal tenant scrutiny arrangements in place and it is not clear what level of tenant involvement there was in scrutinising the content of the annual report. Whilst some work is planned to address this, we have concerns about the timeliness of this work, and the fact that changes which could be easily made to the existing arrangements are not being pursued.
o consulting with their tenants and acting reasonably in providing them with opportunities to agree local offers for service delivery
o There is indication of non compliance in this area and a lack of clarity over the plans for how you intend to agree and monitor local offers with tenants.
o Understanding and responding to the diverse needs of tenants: Registered providers shall treat all tenants with fairness and respect and demonstrate that they understand the different needs of their tenants, including in relation to the seven equality strands and tenants with additional support needs.
o There are indications of non compliance in this area. We do not have assurance that WLBC understand the diverse needs of its tenants and in the absence of this intelligence, no examples of how services have been tailored to ensure the needs of tenants are being met. Some plans are in place to address, but, as far as we are aware, there are no resources or systems in place to enable collection of the information and / or meet this regulatory requirement.
- 600 - o Registered providers shall provide tenants with accessible, relevant and timely information about: how tenants can access services; the standards of housing services their tenants can expect; and how they are performing against those standards.
o There are indications of non compliance in this area. We have concerns that WLBC is not as open and transparent with its tenants as it could be in terms of providing assurance you are meeting the standards. Relevant and timely performance is not being shared with tenants in a way that is easy to interpret. There has been little action taken to address these weaknesses within the annual report (despite being raised as part of the mock inspection and the AC inspection) and it is not clear how you are intending to address this in the future.
o Registered providers shall provide choices, information and communication that is appropriate to the diverse needs of their tenants in the delivery of all standards.
o We have limited assurance that the diverse needs of tenants are being met, and that an appropriate level of general information is available for tenants regarding the services available. o Home Standard
o provide a cost-effective repairs and maintenance service to homes and communal areas that responds to the needs of, and offers choices to, tenants and has the objective of completing repairs and improvements 'right first time'
o We have concerns about the lack of tenant involvement in shaping the repairs service, and a no assurance that the service is provided in a way which responds to and focuses on the needs of tenants, or that offers choices to tenants.
o meet all applicable statutory requirements that provide for the health and safety of the occupants in their homes
o we have concerns with regards to gas servicing and whether all properties with gas installations which need servicing and safety checks have been identified, and are included in the overall performance figures for this area. o Neighbourhood & Community Standard
o Registered providers shall keep the neighbourhood and communal areas associated with the homes that they own clean and safe. They shall work in partnership with their tenants and other providers and public bodies where it is effective to do so.
o We have concerns about how tenant focused the service provided is, and how it has been developed to take account of tenants needs. For example, tenants are not involved in determining how the budget should be spent in this area. o Value for Money
- 601 - o In meeting all TSA standards, including their local offers, registered providers shall have a comprehensive approach to managing their resources to provide cost-effective, efficient, quality services and homes to meet tenants’ and potential tenants’ needs.
o We do not have assurance that VFM is being delivered, particularly with the lack of understanding of costs, and how they compare, and no evidence of a comprehensive approach which considers the quality of services, and meeting tenants’ needs. o Tenancy Standard
o Registered providers shall let their homes in a fair, transparent and efficient way. They shall take into account the housing needs and aspirations of tenants and potential tenants. They shall demonstrate how they make the best use of available housing.
o We have concerns at the length of time properties remain empty, with a lack of assurance that action is being taken to minimise the time empty between each letting. We also have concerns about the level of tenant involvement in influencing the approach to empty properties and allocations.
As I mentioned at the start, we want providers to take ownership for the improvement of their services and performance against the standards and to do this in a co-regulatory way with its tenants.
This was one of the areas I discussed with Bob Livermore at our meeting on the 21st September 2010. Following the meeting I was provided with copies of the Divisional Service Improvement Plan and Housing Sectional Improvement Plan for 2010/11. These plans did not give us an appropriate level of assurance that WLBC is committed to improving to meet the standards.
Next Steps
In the first instance, we will give the Council an opportunity to demonstrate that you can address our concerns by way of a detailed self improvement action plan. The plan should respond to the above points as well as those in the inspection report, setting out how and when you intend to deliver the desired outcomes. This should include some supporting information on how the Council’s governing body and tenants are overseeing delivery of actions in these priority areas.
Please provide us with this information and assurances by 13 December 2010.
In addition to this, we would also ask that you: o Provide us with any assurance or monitoring information you have available in relation to the areas outlined above; o provide us with a copy of your tenant Involvement Strategy and current tenant involvement structures which are in place; and
- 602 - o ensure that this letter and the inspection report will be reported appropriately through your corporate governance structure to members and that both members and tenants will receive regular updates on progress. Please provide us with copies of the relevant committee reports (or similar)/tenant panel reports (or similar) when these are available.
We hope that this approach will support you to deliver improved outcomes to your tenants.
However, if at any time we have concerns about your willingness or capacity to deliver improvements and we do not obtain sufficient assurance from you that the situation can be resolved, we may consider using one or more of our other regulatory or enforcement powers to assist with delivering the necessary changes.
I look forward to meeting with you on the 9th November 2010 and thank you for agreeing to meet with us at short notice.
Yours sincerely
Lesley Barnard Tenant Standards Manager (North)
Cc Councillor Hopley, Portfolio Holder for Housing, WLBC Bob Livermore, Executive Manager Housing and Property Services, WLBC John Ghader, Senior Risk and Assurance Manager, TSA Lisa Pickard, Assistant Director of Tenant Standards, TSA
- 603 - - 604 - AGENDA ITEM: 15
LICENSING & GAMBLING COMMITTEE: 7 DECEMBER 2010
COUNCIL: 15 DECEMBER 2010
______Report of: Executive Manager Community Services
Contact for further information: Paul Charlson (ext. 5246) (email: [email protected] ) ______
SUBJECT: APPROVAL OF REVISED STATEMENT OF LICENSING POLICY REQUIRED BY THE LICENSING ACT 2003 ______Wards affected: Borough wide
1.0 PURPOSE OF REPORT
1.1 To request that the necessary action is taken in order to approve and publish the revised Statement of Licensing Policy (the Policy) as required by the Licensing Act 2003 (the Act).
2.0 RECOMMENDATIONS TO LICENSING AND GAMBLING COMMITTEE
2.1 That the revised Statement of Licensing Policy attached as Appendix 1 to this report be noted and endorsed.
RECOMMENDATIONS TO COUNCIL 2.2 That the revised Statement of Licensing Policy attached as Appendix 1 to this report be approved.
2.3 That the Executive Manager Community Services be authorised to publish the revised Statement of Licensing Policy attached as Appendix 1 to this report prior to the statutory deadline of 7 January 2011.
3.0 BACKGROUND
3.1 Members will be aware that the Act became law on 24th November 2005 and since that time the Council, like all local authorities in England and Wales, has taken the role of ‘Licensing Authority’ and undertook these responsibilities.
3.2 The Act requires Licensing Authorities to produce a statement of Licensing Policy to provide all stakeholders with guidance on the approach that it will take under the Act. The Act also requires Licensing Authorities to review their Policy
- 605 - Statements at least every 3 years and further stipulates that Policies should be published at least one month before they take effect. The current version of the Policy was published on the 7th January 2008 and took effect on the 7th February 2008. Accordingly, the revised Policy attached as Appendix 1 to this report must be published on, or prior to, the 7th January 2011 to allow it to come into force on the 7th February 2011.
3.3 In preparation, Members approved a draft revised Policy to replace the 2008 version and granted the Executive Manager Community Services delegated authority to undertake a period of statutory public consultation. Based upon the comments received, the Policy would be amended and the final version returned to the Licensing and Gambling Committee and Full Council for approval.
4.0 CURRENT POSITION
4.1 The Statutory Guidance (the Guidance) issued under Section 182 of the Act, as well as the Act itself, dictates the minimum parameters for consultation on draft statements of Licensing Policy.
4.2 The duration of the consultation period was just over the recommended 12 weeks, running from the 1st August 2010 until the 31st October 2010. An explanatory letter was sent to each stakeholder providing details of the draft revised Policy and requested their comments. So that stakeholders could easily see the differences between the 2008 and 2011 versions of the Policy, all changes were highlighted in bold type. Respondents were able to provide their comments by post, fax, email and online. The full list of stakeholders is provided as Appendix 2 to this report.
4.3 In addition, the following activities were undertaken to ensure an increased local awareness of the draft revised Policy and provide the means by which comments could be received:
x Regular press updates drawing attention to the draft revised Policy and the need for contributions; x ‘Have your say’ leaflets distributed to Council offices, police stations and libraries in the Borough, giving details of the draft revised Policy and where and how comments could be made; x Draft revised Policy posted on the Council’s website, with specific online forms to receive comments; x Use of a dedicated email address to receive comments on the draft revised Policy and other licensing queries; x Use of the Multi Agency Licensing Team (MALT) meetings with all Responsible Authorities to promote the draft revised Policy.
5.0 ISSUES
5.1 The revised Policy attached as Appendix 1 to this report aims to provide a more accurate, succinct and practical document that builds upon the experience of Officers, Members, Responsible Authorities and Interested Parties since the last revision of the Policy, and it is therefore hoped that it will be of greater use to stakeholders for the next 3 years.
- 606 - 5.2 The revised Policy also takes account of the views expressed during the consultation period. Appendix 3 to this report details the responses to the consultation and the corresponding impact upon the revised Policy. The views received have led to several changes within the revised Policy. However, this is often to simply reemphasise and/or clarify the Authority’s requirements, rather than to make a substantial change.
5.3 So that Members can easily see which sections of the revised Policy have been amended as a result of the consultation, all changes are highlighted in bold type. Members’ attention is specifically drawn to Sections 6.0 (integration strategies), 17.0 (underage drinking and proxy sales) and 20.0 (cumulative impact) where the most amendments have been made.
6.0 PROPOSALS
6.1 In order to meet the requirements of Section 5 of the Licensing Act 2003, the revised Statement of Licensing Policy attached as Appendix 1 to this report be approved.
6.2 In order to meet the requirements of Section 5 of the Licensing Act 2003, the Executive Manager Community Services be granted delegated authority to publish the revised Statement of Licensing Policy attached as Appendix 1 to this report prior to the statutory deadline of 7th January 2011.
7.0 SUSTAINABILITY IMPLICATIONS/COMMUNITY STRATEGY
7.1 This Act has the potential to impact upon many areas within the Community, particularly upon the leisure time of the public of West Lancashire. The Licensing Objectives, contained in the Act therefore, fit closely with many aspects of the Community Strategy. The proposal has the following links with the Community Strategy: Community Safety (issues A, C and E); Economy and Employment (issue D); Health and Social Care (issue A).
8.0 FINANCIAL AND RESOURCE IMPLICATIONS
8.1 The contents of this report can be delivered within existing resources.
9.0 RISK ASSESSMENT
9.1 The Council has a legal duty to carry out the functions of the Act; therefore failure to approve the recommendations contained in this report is a breach under the Act. Accordingly, there is significant involvement from, and impact upon, statutory bodies, the licensed trade, the public and other interested parties associated with this legislation and its administration. The operation of the Act links closely with the Corporate Priority Action Plan, as one of the four Licensing Objectives (under the Act) is the ‘prevention of crime and disorder’, and therefore will be influential to ‘combat crime and the fear of crime’.
10.0 CONCLUSIONS
- 607 - 10.1 The revised Statement of Licensing Policy will continue to have far reaching implications and aims to reflect the issues that have arisen in the Borough since the Act came into force. It therefore aims to provide improved guidance for both Officers and elected Members to ensure that decisions are made in a fair and consistent manner, as well as being an invaluable tool for applicants, residents and other occupiers of property and investors, to enable them to make plans to move or invest in the Borough with confidence.
Background Documents The following background documents (as defined in Section 100D (5) of the Local Government Act 1972) have been relied on to a material extent in preparing this Report.
Guidance issued under section 182 of the Licensing Act 2003 - Consolidated version published 28 January 2010
Equality Impact Assessment There is no evidence from an initial assessment of an adverse impact on equality in relation to the equality target groups.
Appendices Appendix 1: West Lancashire Borough Council: Licensing Act 2003 Statement of Licensing Policy 2011 Appendix 2: List of stakeholders consulted Appendix 3: Consultation response analysis
- 608 - Appendix 1: West Lancashire Borough Council Licensing Act 2003 Statement of Licensing Policy 2011
West Lancashire Borough Council
Licensing Act 2003 Statement of Licensing Policy
January 2011
- 609 - Introduction to this revised Policy Statement
The Licensing Act 2003 (the Act) became law on 24th November 2005. Since that time West Lancashire Borough Council, like all local authorities in England and Wales, has taken the role of ‘Licensing Authority’ and overseen these controls.
As part of these responsibilities, the Act requires Licensing Authorities to produce a statement of Licensing Policy to provide all stakeholders with guidance on the approach that it will take under the Act. The Act also requires Licensing Authorities to review their Policy Statements at least every 3 years. This revised Policy Statement replaces the 2008 version and was agreed by full Council on the 15th December 2010, was published on the 7th January 2011 and came into force on the 7th February 2011.
The review process required the Council to undertake a minimum 12-week consultation exercise, which aimed to take account of the opinions of all who could be affected by the Act. Our consultation period lasted a little over 12 weeks, from the 1st August 2010 until the 31st October 2010. During this time, all the comments we received have helped to shape this current version of our Policy Statement.
The key amendments to this revised Policy Statement have mainly resulted from changes in the legislative regime and available guidance. For example, this document details a new ‘red/yellow card’ approach to review applications, as well as taking account of the new mandatory conditions, the minor variations process and the ‘dis-application’ of the requirement for a designated premises supervisor in community premises. However, details of the Council’s Multi Agency Licensing Team (MALT) as well as its Red / Amber / Green (RAG) approach to enforcement have also been included.
The Policy Statement will continue to have far reaching implications and aims to reflect the issues that have arisen in the Borough since the Act came into force. It therefore provides improved guidance for both Officers and elected Members to ensure that decisions are made in a fair and consistent manner, as well as being an invaluable tool for applicants, residents and other occupiers of property and investors, to enable them to make plans to move or invest in the Borough with confidence.
Councillor James Kay Chair of the Licensing and Gambling Committee
West Lancashire Borough Council – Statement of Licensing Policy 2011 1
- 610 - Contents 1.0 Legal Background and Rationale...... 3 2.0 Scope...... 4 3.0 Licensing Objectives...... 5 4.0 The Borough of West Lancashire ...... 6 5.0 Development Process / Consultation ...... 8 6.0 Integration Strategies...... 9 General...... 9 Crime and Disorder ...... 10 Planning and Building Control ...... 11 The EU Services Directive...... 12 7.0 Administration, Exercise and Delegation of Functions...... 14 Table 7.8a - delegations ...... 15 8.0 Hearings ...... 16 General...... 16 Site visits ...... 17 Representations ...... 18 9.0 Reviews ...... 19 General...... 19 Red/Yellow Card Scheme...... 19 10.0 Appeals...... 22 11.0 Enforcement...... 23 General...... 23 Multi Agency Licensing Team (MALT)...... 23 12.0 Personal Licences...... 25 13.0 Premises Licences & Club Premises Certificates ...... 26 Mandatory Conditions...... 26 Minor Variations...... 30 ‘Dis-application’ of DPS in Community Premises ...... 31 14.0 Crime and Disorder ...... 32 15.0 Public Safety / Safety of Premises...... 34 16.0 Public Nuisance...... 36 17.0 Children...... 39 Underage drinking and proxy purchases...... 42 18.0 Entertainment / Services of an Adult or Sexual Nature...... 43 Sexual Entertainment Venues ...... 43 19.0 Licensed Operating Hours...... 45 20.0 Cumulative Impact...... 46 General...... 46 Current situation ...... 47 21.0 Provisional Statements...... 48 22.0 Interim Authorities...... 50 23.0 Temporary Event Notices ...... 51
Appendix 1: Key locations in the Borough of West Lancashire...... 52 Appendix 2: Glossary of terminology...... 53 Appendix 3: Crime and disorder statistics...... 59 Appendix 4: Useful contacts ...... 60
West Lancashire Borough Council – Statement of Licensing Policy 2011 2
- 611 - 1.0 Legal Background and Rationale
1.1 West Lancashire Borough Council (the Council) is designated as the Licensing Authority (the Authority) under the Licensing Act 2003 (the Act), and is responsible for granting all authorisations designated under the Act in respect of the sale and/or supply of alcohol, the provision of regulated entertainment and late night refreshment within its boundaries.
1.2 This Policy Statement sets out the manner in which the Authority will generally promote the Licensing Objectives when considering, and making decisions on, applications made under the Act. This Policy Statement has been prepared under Section 5 of the Act and in accordance with the current version of the Secretary of State’s Guidance issued under Section 182 of the Act (the Guidance). The Authority is therefore constrained by the provisions of the Act, the Guidance and the Regulations made under the Act. However, the Authority may depart from the Guidance if it has reason to do so, but will give full justification for such departure.
1.3 Nothing in this Policy Statement will undermine the rights of any person to apply for a variety of authorisations under the Act and have the application considered on its individual merits. However the Authority will expect all applications to, where necessary, specify the methods, precisely and clearly, by which they will promote the four Licensing Objectives (Section 3.0).
1.4 Nothing in this Policy Statement will override the right of any person to make relevant representations on any application or seek a Review of a Premises Licence or Club Premises Certificate where they are permitted to do so under the Act. However, this will not include representations that are frivolous, vexatious, repetitious or irrelevant (Section 8.0).
1.5 This Policy Statement shall be effective from the 7th February 2011 and shall remain in effect for three years; therefore this Policy Statement will be reviewed by the 7th February 2014. Following this full review of its Policy Statement, and prior to its publication, the Authority will consult fully those groups and individuals consulted on this version.
1.6 This Policy Statement will also be kept under review during this three year period. The Executive Manager Community Services will maintain an Issues Log in which all issues pertaining to this Policy Statement will be recorded. Therefore the Authority will make revisions to the Policy Statement at such times as it considers appropriate, for example where relevant issues have arisen, or where matters recorded in the Issues Log indicate that that such a review is required. No issues were recorded in the log during the previous three-year period.
West Lancashire Borough Council – Statement of Licensing Policy 2011 3
- 612 - 2.0 Scope
2.1 This Policy Statement covers the following authorisations:
x Personal Licences – to sell or supply alcohol and/or authorise the sale / supply; x Premises Licences – to use a premises for licensable activities; x Club Premises Certificates – to allow a qualifying club to engage in qualifying club activities as set out in Section 1 of the Act; x Temporary Event Notices – to carry out licensable activities at a temporary event.
2.2 In this regard, this Policy Statement covers all permissions/notifications provided for by the Act in relation to the authorisations detailed in Paragraph 2.1, including new applications, transfers, variations, provisional statements, interim authorities and (where required) renewals of the authorisations detailed in Paragraph 2.1. This Policy Statement also includes the review (where required) of these authorisations, which could lead to a range of sanctions available to the Authority including, where circumstances require, the revocation of the authorisation.
2.3 A glossary of the key terms used in this Policy Statement is detailed in Appendix 2. All relevant application forms and guidance can be obtained from the Licensing Service, as well as from the Department for Culture Media and Sport / Home Office. (Appendix 4 – useful contacts).
West Lancashire Borough Council – Statement of Licensing Policy 2011 4
- 613 - 3.0 Licensing Objectives
3.1 In carrying out its functions under the Act, the Authority will promote the Licensing Objectives, namely:
x The prevention of crime and disorder; x Public safety; x The prevention of public nuisance; x The protection of children from harm.
3.2 Each of the Licensing Objectives is considered of equal importance for the purposes of this Policy Statement.
3.3 In accordance with the Guidance, this Authority will avoid duplication with other regulatory regimes (for example, the Health and Safety at Work etc Act 1974) when considering applications and conditions attached to Premises Licences or Club Premises Certificates.
3.4 The Authority will also avoid the use of standard conditions and will tailor conditions to the size, style, characteristics and activities taking place at the premises concerned. This approach is essential to avoid the imposition of disproportionate and burdensome conditions on premises where there is no need for such conditions. The Authority will, however, draw from a ‘pool’ of conditions if deemed relevant to individual premises and/or the Licensing Objectives. This pool of conditions is maintained separately from this Policy Statement and is available from the Licensing Service using the contact details in Appendix 4, or on the Licensing Service homepage www.westlancs.gov.uk/licensing
3.5 The purpose of the Authority’s licensing duties is the control of licensed premises and events defined under the Act. Where relevant representations are made, conditions may be attached to the specific authorisation that will focus on matters that are within the control of the individual licensee and others granted relevant permissions. These matters will centre on the premises and places being used for licensable activities and the vicinity of those premises and places. Whether or not incidents can be regarded as being “in the vicinity” or “related to” licensed premises is ultimately a matter of fact to be decided by the Courts in cases of dispute.
3.6 The Authority will, however, primarily focus on the direct impact of the activities taking place at the licensed premises on the public living, working and engaged in normal activity in the area concerned.
3.7 The Act is not a mechanism for the general control of antisocial behaviour by individuals once they are beyond the direct control of the licensee. Notwithstanding the previous sentence, to the extent that such matters are within their control, licensees are expected to take reasonable steps to prevent the occurrence of crime and disorder and public nuisance immediately outside their premises, for example on the pavement, in a beer garden or in a smoking shelter.
West Lancashire Borough Council – Statement of Licensing Policy 2011 5
- 614 - 4.0 The Borough of West Lancashire
4.1 West Lancashire is the most southerly of the Local Authorities within Lancashire. It has a population of 108,500 (National Census 2001) and covers an area of over 34,000 hectares, a large proportion of which is good and versatile agricultural land. The Borough has two market towns: Ormskirk and Burscough, with mainly rural parishes and villages to the north, (there are 19 Parish Councils and one Parish Meeting), and the former New Town of Skelmersdale to the east. A map of the Borough is given as Appendix 1.
4.2 West Lancashire is an attractive area and has a good road and rail network. The Borough benefits from social, retail and leisure links with the nearby urban areas of Liverpool, Southport, Preston and Wigan. These factors have led to Ormskirk and other parts of the Borough becoming popular areas to live for commuters.
4.3 The high quality of farmland, and its landscape and the substantial Green Belt designation, mean that the Borough is generally an area of development constraint and the main opportunities for development remain in Skelmersdale, which is consistent with strategic and regional guidance.
4.4 There are approximately 350 premises that hold either a Premises Licence and/or Club Premises Certificate within the Borough. These premises mainly comprise of public houses, members only clubs, late bars/nightclubs, off licences and restaurants. In addition, there are approximately 100 hot food takeaways throughout the Borough.
4.5 The Council’s Community Services Division receives approximately 600 complaints about noise per year, with approximately 100 complaints relating to commercial premises, or their customers. The Authority will consider conditions with regard to noise control in areas, which have denser residential accommodation, but opening hours will not be limited without regard to the individual merits of any application.
4.6 The Authority will not seek to introduce ‘zones’ i.e. the setting of fixed trading hours within a designated area. Zoning also assumes that residents in one particular area would be treated less well than another, simply because residential housing is less dense than in other areas. It also undermines one of the principles on which the Act is based i.e. the avoidance of fixed and artificially early closing times which produce peaks of disorder and disturbance at times when a majority of customers emerge simultaneously.
4.7 The Authority seeks to maintain a balance between the businesses operating in its area, the residents living within its area and cultural, entertainment and tourist interests. Full consideration has been given to all these issues in formulating this Policy Statement.
West Lancashire Borough Council – Statement of Licensing Policy 2011 6
- 615 - 4.8 Accordingly, the Authority is seeking to provide an attractive Borough. By engaging and consulting with the community, the Authority is seeking to:
x Improve the quality of life for all in the Borough; x Reduce the levels of crime and disorder in the Borough; x Promote a strong and sustainable economy; x Aim to reduce levels of poverty and social exclusion in the Borough by developing a more inclusive community; x Help to improve the health and well being of the Borough’s residents.
West Lancashire Borough Council – Statement of Licensing Policy 2011 7
- 616 - 5.0 Development Process / Consultation
5.1 This is the third revision of this Policy Statement and, as dictated by the Act, this Policy Statement has been developed after proper consultation with statutory consultees and other interested parties. A period of public consultation operated from the 1st August 2010 until the 31st October 2010 and the Authority has given due regard to the responses from this consultation process when formulating this Policy Statement. The list of consultees is maintained separately from this Policy Statement and is available from the Licensing Service using the contact details in Appendix 4, or on the Licensing Service homepage www.westlancs.gov.uk/licensing
5.2 In determining this Policy Statement, the Authority has given regard to the Guidance and given proper weight to the views of those it has consulted. The Authority may, if it considers appropriate, deviate from the Guidance, and if such a deviation is taken, the Authority will provide the applicant with full substantiated and justified reasons as why that decision was taken.
5.3 This Policy Statement has not been developed in isolation. It has been developed in conjunction with other Lancashire Authorities and takes account of the position in adjoining Authorities, whilst being tailored specifically to the needs of the West Lancashire area.
West Lancashire Borough Council – Statement of Licensing Policy 2011 8
- 617 - 6.0 Integration Strategies
General 6.1 There are a large number of stakeholders affected by the Act, covering a wide range of disciplines. Many are involved, directly or indirectly, in the promotion of the Licensing Objectives, particularly those relating to the prevention of crime and disorder and public nuisance.
6.2 The Authority recognises that under Article 8 of the European Convention on Human Rights everyone has the right to respect for his/her private and family life. The Authority also acknowledges the rights of businesses in its area to operate, but this must be balanced against the rights of residents not to be disturbed by unreasonable nuisance caused by licensed premises.
6.3 However, the Authority recognises that as part of implementing local authority cultural strategies, proper account should be taken of the need to encourage and promote live music, dance, theatre etc. for the wider cultural benefit of the community. In determining what conditions should be attached to Premises Licences and Club Premises Certificates as a matter of necessity for the promotion of the Licensing Objectives, the Authority is aware of the need to avoid measures which deter live music, dancing and theatre by imposing indirect costs of a disproportionate nature.
6.4 The Authority will endeavour to monitor the impact of its decisions on live music, dancing, theatre etc. to ensure that this principle is being upheld. To this end, the Council has already taken the decision to hold Premises Licences for several public spaces in the Borough in an effort to support live music, dancing and theatre in the community.
6.5 The Authority will ensure that, in accordance with the Guidance, the Licensing and Gambling Committee, and any Sub-Committees thereof, will receive regular reports on the following matters to ensure these are taken into account, without prejudice, when making their decisions:
x The needs of the local tourist economy and cultural strategy for the Borough; and x The employment situation in the Borough and any need for investment and employment where appropriate.
6.6 As detailed in Paragraph 3.3, the Authority recognises the need to avoid duplication with other regulatory regimes. However, these general duties may not adequately address the unique circumstances that arise on a given premises in connection with, for example, certain types of entertainment. Therefore where relevant representations have been received, the Authority will consider attaching conditions to authorisations where these are necessary and proportionate for the promotion of the Licensing Objectives and are not already provided for in any other legislation.
West Lancashire Borough Council – Statement of Licensing Policy 2011 9
- 618 - 6.7 Therefore, whilst many of the issues arising from licensable activities will be under the remit of one or more of the Responsible Authorities, the Authority will use the Multi Agency Licensing Team (MALT) (Section 11.0) to ensure that appropriate liaison arrangements are in place to ensure proper integration of local crime prevention, planning, local transport (including taxis, buses and rail), tourism, economic and cultural strategies.
6.8 Furthermore, whilst the issue of public health is not a requirement of the Act, the Authority acknowledges and understands the potential health implications arising from the operations it licences. The MALT will consider health implications as part of its work, but this does not convey any additional requirement on any applicant and/or licensee that is not contained in the Act.
The Health Act 2006 – workplace smoking ban 6.9 The ban on smoking in all enclosed workplaces and public spaces came into force on 1 July 2007. The ban includes smoking in pubs, restaurants and members’ clubs where bar or other staff are employed.
6.10 This Policy Statement also recognises the Race Relations Act 1976, as amended by the Race Relations (Amendment) Act 2000, which places a legal obligation on public authorities to have due regard to the need to eliminate unlawful discrimination and to promote equality of opportunity and good relations between persons of different racial groups. When determining applications, the Authority will have regard to this legislation so as to avoid any possible indirect discriminatory impact on particular ethnic groups. Accordingly, the Council has produced a race equality scheme, which includes the Licensing Service, which assessed the likely impact of all Council services on race equality so as to avoid any adverse impact on the promotion of race equality.
6.11 This Policy Statement also recognises the Equality Act 2010; however no condition will be attached to a Premises Licence or Club Premises Certificate that conflicts or duplicates this requirement.
Crime and Disorder 6.12 The Council has a responsibility under Section 17 of the Crime and Disorder Act 1998 to do all it reasonably can to reduce crime and disorder in its area by working closely with other key statutory partners.
6.13 The Police and Justice Act 2006 amended the Crime and Disorder Act 1998 to widen the statutory responsibilities under Section 17 to include anti-social behaviour and other behaviour adversely affecting the local environment and the misuse of drugs, alcohol and other substances.
6.14 “Safe. Sensible. Social. The next steps in National Alcohol Strategy” was published in 2007 and outlined further national and local action to achieve long-term reductions in alcohol-related ill health and crime. Of particular importance is that all Community Safety Partnerships (CSPs) are required by law to have a strategy to tackle crime, disorder and substance misuse (including alcohol-related disorder and misuse) in their area. West Lancashire Borough Council – Statement of Licensing Policy 2011 10
- 619 - 6.15 Accordingly, it is recognised that prevention of crime and disorder is a vital element of ensuring the quality of life in a community and an important aspect of a successful and vibrant economy. The link between alcohol and disorder is well recognised and the Authority is committed to working with its partners and the community to address this. The Authority will use the MALT meetings for this purpose for its duties under the Act (Section 11.0).
6.16 The Authority has given regard to the Government’s National Alcohol Strategy and to the results of police records of general crime and disorder, when formulating this Policy Statement. Appendix 3 provides data outlining the number of incidents handled by Lancashire Constabulary with regard to crime and disorder within the West Lancashire Borough.
6.17 The Clean Neighbourhoods and Environment Act 2005 This legislation provides the Council with an additional power to issue a Fixed Penalty Notice to any licensed premises emitting noise that exceeds the permitted level between the hours of 11pm and 7am. Where such Notices have been served this will be communicated through the MALT and may impact upon the level of further action taken against such premises (Section 11.0).
6.18 The Policing and Crime Act 2009 This legislation introduced a number of measures which are relevant, or made changes, to the Act including: x A mandatory code of practice for alcohol retailers; x Elected members of licensing authorities included as interested parties; x Reclassification of lap dancing clubs so they require a Sex Establishment Licence (Section 18.0).
Planning and Building Control 6.19 Planning, building control and licensing regimes will be properly separated to avoid duplication and inefficiency. The ‘need’ for licensed premises concerns commercial demand and therefore is a matter for the Council’s Planning Committee and the market, not the Authority or this Policy Statement.
6.20 Planning and licensing regimes involve consideration of different (albeit related) matters, for example the Authority will consider public nuisance whereas the Council’s Planning function considers amenity. Accordingly, the Authority will ensure that the licensing and planning regimes are kept separate and that applications made under the Act should not be a re-run of the planning process, and vice versa.
6.21 Applications for Premises Licences and/or Club Premises Certificates for permanent commercial premises should normally be from businesses with planning consent for the property concerned. The Authority will therefore not normally process an application for permanent commercial premises unless it can be demonstrated that the premises either have an appropriate (in relation to the proposed activities and the hours sought) planning consent or an appropriate certificate of lawful use or West Lancashire Borough Council – Statement of Licensing Policy 2011 11
- 620 - development. Nevertheless, the Act does not prevent an application being submitted before any relevant planning permission has been sought or granted. Therefore, prospective applicants must be aware of potential breaches of legislation arising from the decision process of both regimes. For example, if a closing time has been set for the use of premises for commercial purposes, which is different from the time set through the licensing regime, the applicant must observe the earlier closing time. Similarly, where the variation of an authorisation involves a material alteration to a building, this does not relieve the applicant of the need to apply for the relevant planning or building control permissions.
6.22 To preserve these arrangements, Officers involved in the planning regime will be kept regularly appraised of licensed premises within the Borough through the MALT meetings (Section 11.0).
The EU Services Directive 6.23 The EU Services Directive (the Directive) intends to develop the single market for services by breaking down barriers to cross border trade within the EU and making it easier for service providers to set up business or offer their services in other EU countries. The Directive requires that all relevant notices and authorisations are able to be completed electronically and available via a ‘point of single contact’. The Directive was implemented in the UK on 28th December 2010 and the point of single contact for the UK can be accessed via ‘Businesslink’ www.businesslink.gov.uk
6.24 Although only regulated entertainment is a ‘service’ as defined under the Directive, the Government extended the electronic application process to all licensable activities under the Act and to all authorisations and notices with the exception of applications for, and renewals of, Personal Licences, reviews and representations.
6.25 The Authority uses the Businesslink website to administer its applications. This system will send a notification to the Authority when a completed application form is available for download from the ‘Electronic Licensing Management System’ (ELMS). This is the day that the application is taken to be ‘given’ to the Authority and the application must be advertised from the day after that day (as for a written application).
6.26 The process and timescales of an electronic application is no different from a written application apart from the Authority must copy electronic applications to Responsible Authorities no later than the first working day after the application is given. However, if an applicant submits any part of their application in writing, the applicant will remain responsible for copying it to Responsible Authorities.
6.27 As is the protocol for written applications, the Authority will not return electronic applications if they contain obvious and minor errors such as typing mistakes, or small errors that can be rectified with information already in the Authority’s possession. However, if this is not the case and required information is missing or incorrect, the Authority may ‘hold’ the application until the applicant has supplied all the required information. West Lancashire Borough Council – Statement of Licensing Policy 2011 12
- 621 - This effectively resets the 28 day period for determining an application and may be done any number of times until the application form is complete. The Authority will notify the applicant as quickly as possible of any missing (or incorrect) information, and explain how this will affect the statutory timescale and advertising requirements.
6.28 If an applicant persistently fails to supply the required information, the Authority may refuse the application and the applicant must submit a new application.
6.29 The Authority may also ‘defer’ electronic applications once if the application is particularly complicated. For example, if representations are received and a hearing is required. This allows the Authority to extend the statutory time period for the determination of the application by such time as is necessary, including, if necessary, arranging and holding a hearing. The Authority will ensure that applicants are informed as quickly as possible of a decision to defer and the reasons for the deferral.
6.30 Plans, for written and electronic applications, will not be required to be submitted in any particular scale, but they must be in a format which is ‘clear and legible in all material respects’, i.e. they must be accessible and provide sufficient detail for the Authority to be able to determine the application, including the relative size of any features relevant to the application. There is no requirement for plans to be professionally drawn as long as they clearly show all the prescribed information.
West Lancashire Borough Council – Statement of Licensing Policy 2011 13
- 622 - 7.0 Administration, Exercise and Delegation of Functions
7.1 The Authority is involved in a wide range of licensing decisions and functions and the Licensing and Gambling Committee will administer this responsibility, where required by the Act. This Committee consists of 15 elected Members and has 1 chairman and 1 vice chairman. The Committee is further divided into Sub-Committee(s) of 3 elected Members.
7.2 A meeting of the full Licensing and Gambling Committee will be held when it is considered necessary to review the contents of this Policy Statement, to comply with any requirements of the Act or to determine any other matter of relevance to the Authority.
7.3 A Sub-Committee will sit to hear applications for authorisations as required in the Act. In practice this will mean those applications that have attracted relevant representations from an ‘Interested Party’ and/or ‘Responsible Authority’ or a Review of an existing authorisation.
7.4 Applications that do not attract relevant representations are determined under delegation to the Executive Manager Community Services. Table 7.8a summaries this delegation procedure. Accordingly, the Licensing and Gambling Committee will receive regular reports on the decisions made by Officers to ensure that Members maintain an overview of the general situation.
7.5 Decisions on whether a representation, or grounds for Review of an existing authorisation, is relevant, repetitious, frivolous or vexatious are delegated to the Executive Manager Community Services. Accordingly, where a representation is considered to be irrelevant, repetitious, frivolous or vexatious, the Executive Manager Community Services will inform the author of the representation in writing and give reasons for this decision. The Executive Manager Community Services will also inform the applicant and/or licensee when such a decision is taken.
7.6 In exceptional circumstances it may be necessary for the Licensing Sub- Committee to refer any matter that it is unable to deal with because of the number of its Members who are unable to take part in the consideration or discussion of any matter on any question with respect to it, to the Licensing and Gambling Committee.
7.7 In exceptional circumstances it may be necessary for the Licensing and Gambling Committee to refer any matter that it is unable to deal with because of the number of its Members who are unable to take part in the consideration or discussion of any matter on any question with respect to it, to the Licensing Authority, which in normal circumstances will mean Full Council.
7.8 All decisions made by either the Licensing and Gambling Committee, a Sub-Committee thereof or the Executive Manager Community Services will be confirmed in writing to the applicant and any person who has made a relevant representation forthwith.
- 623 - Table 7.8a - delegations
Matter to be dealt with Delegated authority to: Committee / Sub- Executive Manager Committee Community Services Application for Personal If a Police objection If no objection is made Licence is made Application for Personal All cases - Licence, with unspent convictions Application for Premises Licence/ If a relevant If no relevant Club Premises representation is made representation is made Certificate Application for Provisional If a relevant If no relevant Statement representation is made representation is made
Application to vary Premises If a relevant If no representation Licence / Club Premises representation is made Is made Certificate Application to vary Designated If a Police objection is All other cases Premises Supervisor made Request to be removed as - All cases Designated Premises Supervisor Application for transfer of If a Police objection All other cases Premises Licence is made Application for Interim If a Police objection All other cases Authorities is made Application to Review Premises All cases - Licence / Club Premises certificate Decision on whether a complaint - All cases is irrelevant, frivolous, vexatious, etc. Decision to object when local All cases - authority is a consultee and not the relevant authority considering the application Determination of a police All cases - objection to a Temporary Event Notice Application for minor variation - All cases Application from a Community If a Police objection All other cases Premises to remove the is made requirement for Designated Premises Supervisor
West Lancashire Borough Council – Statement of Licensing Policy 2011 15
- 624 - 8.0 Hearings
General 8.1 A Hearing will be arranged to deal with any applications that have attracted representations and which cannot be dealt with under delegated powers or resolved by agreement between applicants and Interested Parties and/or Responsible Authorities. The details of the specific Hearing will be provided in the format of a report to the Licensing Sub-Committee (or Licensing and Gambling Committee) which will contain all the relevant information to the case. Copies of this report will be provided to all parties to the Hearing.
8.2 Each case will be determined on its individual merits and the Authority will give appropriate weight to:
x The steps necessary to promote the Licensing Objectives; x The information provided by all parties to the Hearing; x The Guidance; x This Policy Statement.
8.3 Hearings will be held at the earliest possible date having regard to the Regulations published under the Act and the laws of natural justice. The Licensing Sub-Committee (or Licensing and Gambling Committee) will conduct a quasi-judicial consideration of the application and relevant representations. Members of the Licensing Sub-Committee (or Licensing and Gambling Committee) will carefully consider their position should they be requested to hear a matter which occurs in their own ward.
8.4 A legal advisor, advocate or a friend may represent any party to the Hearing, where such individuals choose not to represent themselves. Accordingly, in an effort to assist all parties when preparing for and participating in a Hearing, the Authority has prepared a Hearing procedure. This procedure will be adhered to in all Hearings, a copy of which will be provided to all parties in advance of the Hearing. This Hearing procedure is maintained separately from this Policy Statement and is available from the Licensing Service using the contact details in Appendix 4, or on the Licensing Service homepage www.westlancs.gov.uk/licensing
8.5 Whilst the Licensing Sub-Committee (or Licensing and Gambling Committee) will usually meet in public, they do have the power to hear certain applications in private. Where this is required all parties to the Hearing shall be informed.
8.6 A public announcement of the decision will be made at the end of the Hearing and a written copy of the decision will be provided to all parties to the Hearing. The decision determined by the Licensing Sub-Committee (or Licensing and Gambling Committee) will be accompanied with clear reasons for the decision, having regard to the Human Rights Act 1998, the Licensing Objectives and all other relevant legislation.
8.7 The decision of the Licensing Sub Committee (or Licensing and Gambling Committee) may involve the imposition of conditions on authorisations.
West Lancashire Borough Council – Statement of Licensing Policy 2011 16
- 625 - Any such condition(s) will be necessary and proportionate for the promotion of one or more of the Licensing Objectives and will be tailored to the needs of the specific application. Conditions will not relate to matters, which are the subject of other legislation. A pool of conditions will be maintained and published separate to this Policy Statement. Any condition may be drawn from the pool, be based upon such a condition or may be devised having regard to the particular circumstances of the application. This pool of conditions is maintained separately from this Policy Statement and is available from the Licensing Service using the contact details in Appendix 4, or on the Licensing Service homepage www.westlancs.gov.uk/licensing
Site visits 8.8 Site visits will normally be made to the premises concerned (and any relevant locations) where the following applications have been submitted:
x New application for a Premises Licence and/or Club Premises Certificate; x Application to Review a Premises Licence and/or Club Premises Certificate.
8.9 Site visits will not normally be conducted for any other application or authorisation. However, notwithstanding the previous sentence, any contested application or authorisation that presents one or more of the following may also attract a site visit:
x A substantial number of representations have been made in relation to the application or authorisation; x The nature of the application or authorisation is sufficiently complex; x It is reasonably foreseeable that the nature of the application or authorisation could present a significant impact on the Licensing Objectives.
8.10 The Members of the Licensing and Gambling Committee (or Sub- Committee thereof) that will hear the application will conduct the site visit. The visit is conducted to ensure Members have a full understanding of the application, the premises and the locality. To preserve the integrity of the Hearing process, any such visit will be carried out in accordance with a strict protocol. This protocol is maintained separately from this Policy Statement and is available from the Licensing Service using the contact details in Appendix 4, or on the Licensing Service homepage www.westlancs.gov.uk/licensing
West Lancashire Borough Council – Statement of Licensing Policy 2011 17
- 626 - Representations 8.11 It is open to any Responsible Authority or Interested Party to make a representation against any relevant application during the consultation period for that application. A representation should relate to the likely effect of the grant of the authorisation on the promotion of at least one of the Licensing Objectives. Any representation that fails to provide to do this will be considered as ‘irrelevant’ for the purposes of the Act.
8.12 Representations will be determined on their own merits as to whether they are considered to be relevant, frivolous, vexatious or repetitious.
8.13 Representations must be received in writing at the Licensing Service office (Appendix 4 – useful contacts). Representations must provide the following information as a minimum:
x The name and address of the person (or body) making the representation; x The grounds of the representation, including supporting evidence; x The signature of the person (or representative of the body) making the representation; x The date the representation was made.
8.14 Representations may be made by email as long as the email contains the name and address of the person (or body) making the representation. Upon receipt of the email representation, the Licensing Service will date stamp the email.
8.15 The content of each representation will form part of a report to the Licensing Sub Committee (or Licensing and Gambling Committee). Responsible Authorities and/or Interested Parties must note that such reports are public documents and therefore subject to public scrutiny. Any matters of a confidential nature should be considered carefully. The Authority will remove any personal information from its reports; however the specific details of all representations must be given to the applicant, including the name and address of each representation.
West Lancashire Borough Council – Statement of Licensing Policy 2011 18
- 627 - 9.0 Reviews
General 9.1 Following the grant of a Premises Licence or Club Premises Certificate, a Responsible Authority or an Interested Party (or member in the case of a qualifying club) may request the Authority to review the Premises Licence/Club Premises Certificate where problems associated with any of the Licensing Objectives are, or have, occurred. The Authority does not have the power to instigate its own review; however, Council Officers who are designated as Responsible Authorities may request a review of the Premises Licence/Club Premises Certificate in the same manner.
9.2 In all cases, the application for review must relate to a particular premises for which a Premises Licence/Club Premises Certificate is in force and must be relevant to the promotion of one or more of the Licensing Objectives.
9.3 The Authority will seek to prevent attempts to review Premises Licences/Club Premises Certificates which are merely a ‘second bite of the cherry’ following the failure of representations on previous occasions, and will therefore examine each application in the context of previous applications and decisions.
9.4 Requests for reviews will be rejected where, in the view of the Authority, the request is not relevant (to the Licensing Objectives), or in the case of requests from Interested Parties, it is frivolous, vexatious or repetitious.
9.5 The Authority recognises that the promotion of the Licensing Objectives requires a partnership approach. The Authority considers that Interested Parties and Responsible Authorities will give Premises Licence/Club Premises Certificate holders sufficient warning of their concerns regarding any problems identified at the premises and the need for improvement. Where such warnings have been issued by any Responsible Authority, these will normally be discussed at the MALT meetings (Section 11.0) to ensure that the Authority, as well as the other Responsible Authorities, are aware the issues. The Authority therefore expects Premises Licence/Club Premises Certificate holders to respond to such warnings and implement the necessary remedial action. Any failure to respond to such warning may lead to a Responsible Authority or Interested Party requesting a review of the Premises Licence/Club Premises Certificate. However, where the matter is sufficiently serious for a Responsible Authority to take immediate action, this must be carried out under their lawful powers, and notification of such action communicated to the Authority at the earliest possible time.
Red/Yellow Card Scheme 9.6 At a review Hearing where it is found that the premises has failed to promote one or more of the Licensing Objectives, the Authority may issue either a yellow or red card. This approach provides the Premises Licence/Club Premises Certificate holder a formal opportunity to reform, as a ‘yellow card’ would involve the imposition of tough conditions (if proportionate to the identified problems) together with the warning that if a further review is necessary and matters are found to have not improved,
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- 628 - the Premises Licence/Club Premises Certificate would be revoked – a ‘red card’. However, if the issues raised at the review Hearing are of such a serious nature, the Authority may be forced to consider revocation without the issue of a yellow card.
9.7 The aim of this approach is to further emphasise the punitive nature of the review process by sending a clear message to Premises Licence/Club Premises Certificate holders, and the public, that the Authority will take action against those who act contrary to the Licensing Objectives and the law.
9.8 However, the Authority is more than aware that the revocation of a Premises Licence/Club Premises Certificate can often effectively kill the business, particularly if it is focused on retailing alcohol. This means that not only does the business suffer, but most people working at the premises will lose their livelihoods, many of whom would be entirely innocent of any wrongdoing. There is also on impact on those who indirectly rely on income from the premises, such as food suppliers and cleaning contractors. Furthermore, the closure of a premises could deprive some sections of the community of their local shop and/or restrict local consumer choice. The Authority is acutely aware of this impact and will not take action unless it is necessary and proportionate to do so.
9.9 The Authority is aware that the significant impact of revocation could lead to a reticence for Responsible Authorities to review a Premises Licence/Club Premises Certificate. However, the Authority will not expect Responsible Authorities to negotiate additional voluntary conditions with problem premises against the threat of review. Whilst this may be a reasonable approach in the short term, it can lead to the risk that some premises may not be dealt with as firmly as necessary. Such voluntary agreements are not visible to the public and lessen the deterrent effect on other premises.
9.10 Accordingly, where practicable, if a Reasonable Authority wishes to review any Premises Licence/Club Premises Certificate, it should first raise the matter at a meeting of the MALT at which time the individual merits of the proposed review application will be discussed. Through the MALT, Responsible Authorities will be encouraged to propose suggested conditions which are designed to combat the identified problem.
‘Yellow Card’ – first review Hearing 9.11 Where the Authority is satisfied that action is appropriate, based on the individual merits of the review application and the evidence submitted at the review Hearing, a yellow card may be issued. This will effectively put the premises on probation. The premises are put on notice that the next offence and/or breach would mean an automatic second intervention – a ‘red card’.
9.12 A yellow card may also be supplemented by: x Additional condition(s), which will be tailored to the nature of the problem and the type of premises; x Removal of Designated Premises Supervisor;
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- 629 - x Suspension of the licence for between 1 day and 3 months x Restriction of trading hours and/or licensable activities; x A clear warning that if a further review application is heard by the Authority on a similar matter it will give rise to a presumption of revocation.
9.13 The Authority will not issue physical ‘cards’, however the Authority will ensure that any yellow card is highly visible in the community. Therefore, as part of the Authority’s decision on first review, it will impose a licence condition requiring the premises to display a visible notice at the premises detailing the outcome of the review and the warning it has been given. The Authority shall prepare the notice and affix the notice on the premises. The notice shall be displayed in a prominent position on the premises where it can be conveniently read from the exterior of the premises. The Authority may also publicise the decision as a deterrent to other premises.
‘Red Card’ – second/subsequent review Hearing 9.14 In the absence of improvement at any given premises following the first review, Responsible Authorities should seek another review. Again this matter will normally be discussed within the MALT as the impact against the premises is likely to be severe.
9.15 Where the Authority is satisfied that there has been a lack of improvement and action is appropriate based on the individual merits of the review application and the evidence submitted at the review Hearing, a red card may be issued and the Authority will seek to revoke the licence. The Authority will then publicise the decision as a deterrent to other premises.
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- 630 - 10.0 Appeals
10.1 The Authority will address the rationale for its decision with regard to the Act, the Licensing Objectives, the Guidance and this Policy Statement.
10.2 Following a Hearing, the Authority will notify all parties of the decision and any conditions that have been imposed. This will be done verbally and in writing at the time of the Hearing.
10.3 There is a right of appeal against the decision and/or any condition attached to an authorisation. An appeal would normally be lodged with the Justices’ Chief Executive of the South West Lancashire Magistrates’ Court within a period of 21 days, beginning from the day on which the Authority notified the applicant of the decision (i.e. the day of the Hearing).
10.4 On determining an appeal the Magistrates’ Court may:
x Dismiss the appeal; x Substitute for the decision any other decision which could have been made by the Authority; x Remit the case to the Authority to dispose of it in accordance with the direction of the Court. x Make such order as to costs as it thinks fit.
10.5 As soon as the decision of the Magistrates’ Court has been made, the Authority will not delay its implementation and necessary action will be taken forthwith unless ordered by a higher court to suspend such action (for example as a result of a judicial review). Except in the case of Closure Orders, the Act provides no further appeal against the decision of the Magistrates’ Courts and normal rules of challenging decisions of Magistrates’ Courts will apply.
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- 631 - 11.0 Enforcement
General 11.1 Once licensed, it is essential that premises are maintained and operated so as to ensure the continued promotion of the Licensing Objectives and compliance with the specific requirements of the Act.
11.2 Where the Authority considers enforcement to be necessary, any such action will be taken in accordance with the Community Services Enforcement Policy (which is available from the Executive Manager Community Services, at the address given in Appendix 4). To this end, the key principles of consistency, transparency and proportionality will be maintained.
11.3 The Authority will make arrangements to monitor premises and take appropriate enforcement action so as to ensure the continued promotion of the Licensing Objectives through compliance with the conditions attached to the Premises Licence/Club Premises Certificate. Enforcement visits will therefore be carried out as a response to a complaint(s) or as part of a proactive risk based inspection regime and/or targeted initiative.
Multi Agency Licensing Team (MALT) 11.4 The coordination of its duties under the Act requires the Authority to maintain close, and regular, liaison with Responsible Authorities as well other bodies involved in the licensing process. The MALT has been established for this purpose and is coordinated by the Authority. All Responsible Authorities are represented at the MALT, which meets approximately every 8 weeks (or more frequently if required).
11.5 The MALT ensures that a coordinated and proactive approach to the issues arising from licensable activities can be formulated and delivered. This is conducted on a priority ‘Red/Amber/Green’ (RAG) basis. Lancashire Constabulary control and compile the ‘RAG Report’ which details those premises that have been identified as presenting a risk to the Licensing Objectives from the perspective of one or more MALT members. Premises categorised as ‘amber’ are subject to increased monitoring and MALT members may conduct more frequent visits to such premises. This affords the Premises Licence holder and/or Designated Premises Supervisor (DPS) sufficient opportunity, as well as support, to address the problems. Should the risks to the Licensing Objectives be sufficiently serious and/or the Premises Licence holder and/or DPS do not take the necessary action to address the problems, the premises will be categorised as ‘red’. These premises will be subject to close scrutiny and a coordinated approach to enforcement devised between the appropriate MALT members. Such premises may also be the subject of further action taken by any Responsible Authority outside of the licensing regime and/or be the subject of a review application.
11.6 This approach ensures an efficient and proportionate deployment of resources engaged in enforcing relevant legislation within licensed premises, as only problem and/or high-risk premises are targeted.
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- 632 - 11.7 However, the role of the MALT is not solely focused upon enforcement activity. It also sees the promotion and encouragement of best practice within the industry as being fundamental in the development of responsibly managed licensed operations.
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- 633 - 12.0 Personal Licences
12.1 A Personal Licence is granted to an individual that authorises the sale and supply of alcohol in accordance with a Premises Licence and will last for ten years. Applications for Personal Licences must be made to the Authority if the applicant is normally resident in the Borough of West Lancashire. All Personal Licenses granted by the Authority must also be renewed with the Authority, until the Personal Licence lapses, is surrendered or revoked.
12.2 Applicants for a Personal Licence under Part 6 of the Act will have to demonstrate that they possess a licensing qualification (to the standard set in the Guidance), are aged over 18 years, do not have a relevant or foreign criminal conviction and have not had a Personal Licence forfeited within five years of their application. Lancashire Constabulary may object to an applicant on crime prevention grounds. Failure to produce evidence to substantiate compliance with the criteria will lead to the application being opposed and the matter referred for a Hearing.
12.3 The Authority requires applicants for Personal Licences to produce an up to date basic Criminal Record Bureau Disclosure form with their application. Where a relevant or foreign offence exists, the Authority will serve the application on Lancashire Constabulary for consideration.
12.4 Where Lancashire Constabulary have made such an objection, there will be a presumption against the granting of the Licence unless it can be demonstrated to the Authority that there are compelling circumstances to justify granting the same.
12.5 At any Hearing to determine the grant of a Personal Licence the Licensing Sub-Committee (or Licensing and Gambling Committee) will ensure that the grant of that licence would not be contrary to the ‘crime prevention’ Licensing Objective. The Licensing Sub-Committee (or Licensing and Gambling Committee) will consider the seriousness and relevance of the conviction(s), the period that has elapsed since the offence(s) were committed and any mitigating circumstances.
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- 634 - 13.0 Premises Licences & Club Premises Certificates
13.1 A Premises Licence / Club Premises Certificate is required for any premises where it is intended that a licensable activity should take place.
13.2 Any person aged 18 years or over who is carrying on or who proposes to carry on a business that involves the use of premises for licensable activities may apply for a Premises Licence / Club Premises Certificate either on a permanent basis or for a time-limited period. A “person” in this context includes a business or partnership. For example, where the premises is a managed public house, the Authority will expect the applicant for a Premises Licence to be the pub operating company, as the manager (as an employee) would not be able to do so. The same applies for premises such as cinema chains and fast food restaurant chains where the managers will, similarly be employees of the operating company. However, in respect of most leased public houses, a tenant may run or propose to run the business at the premises in agreement with the operating company. In such cases it will not be a matter for the Authority to decide who should apply for the Premises Licence, but a matter for the tenant and the operating company to agree contractually.
13.3 Applications for new Premises Licences / Club Premises Certificates, or variations should be made in accordance with the Act and any relevant Regulations. Applications should provide as much information as possible regarding the application within the Operating Schedule section of the relevant application form. This information should be prepared having regard to the characteristics of the business, the nature of the area within which the premises is situated and the licensable activities for which approval is being sought. Applicants are encouraged to consult with the relevant Responsible Authority for assistance when preparing their Operating Schedules (Appendix 4 – useful contacts).
13.4 The application should clearly and precisely identify the steps by which the applicant intends to meet the Licensing Objectives. Therefore, the information contained in the Operating Schedule should address practically how the proposed steps (and associated controls) are to be achieved.
Mandatory Conditions 13.5 Where the Act provides for a mandatory condition to be included, the Authority will include that condition on the authorisation.
13.6 Designated Premises Supervisor (DPS) The main purpose of the DPS is to ensure that there is always one specified individual who can be readily identified for the premises where a Premises Licence is in force. That person will normally have been given day to day responsibility for running the premises by the Premises Licence holder. Where a Premises Licence authorises the supply of alcohol, it must include a condition that no supply of alcohol may be made at a time when no DPS has been specified in the licence or at a time when the DPS does not hold a Personal Licence or their licence has been suspended. A DPS or any other Personal Licence holder does not have to be present on the
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- 635 - premises at all times when alcohol is sold. However, the DPS and the Premises Licence holder remain responsible for the premises at all times including compliance with the terms of the Act and conditions attached to the Premises Licence.
13.7 Authorisation by Personal Licence holders Every supply of alcohol under a Premises Licence must be made or authorised by a person who holds a Personal Licence. Whilst in most instances this will be the DPS, this does not require the presence of the DPS or any other Personal Licence holder on the premises at all material times. Similarly, the fact that every supply of alcohol must be made under the authority of a Personal Licence holder does not mean that only Personal Licence holders can make sales or that they must be personally present at every transaction. A Personal Licence holder may authorise members of staff to make sales of alcohol but may be absent at times from the premises when a transaction takes place. However, the responsible Personal Licence holder will not be able to escape responsibility for the actions of anyone authorised to make sales. The following factors should be relevant in considering whether or not an authorisation has been given:
x The person(s) authorised to sell alcohol at any particular premises should be clearly identified; x The authorisation should have specified the acts which may be carried out by the person being authorised; x There should be an overt act of authorisation, for example, a specific written statement given to the individual being authorised; and x There should be in place sensible arrangements for the Personal Licence holder to monitor the activity that they have authorised on a reasonably regular basis.
13.8 It is recommended that Personal Licence holders give specific written authorisations to individuals that they are authorising to retail alcohol.
13.9 Whilst the DPS or a Personal Licence holder may authorise other individuals to sell alcohol in their absence, they are responsible for any sales that may be made. Similarly, the Premises Licence holder remains responsible for ensuring that licensing law and licence conditions are observed at the premises.
13.10 Exhibition of Films Where a Premises Licence or Club Premises Certificate authorises the exhibition of a film, it must include a condition requiring the admission of children to films to be restricted in accordance with recommendations given either by a body designated under Section 4 of the Video Recordings Act 1984 specified in the licence (currently only the British Board of Film Classification – BBFC) or by the Authority.
13.11 Door Supervision When a condition is included in a Premises Licence that at specified times an individual must be present at the premises to carry out a security activity (as defined in Section 21(3)(a) by reference to the Private Security
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- 636 - Industry Act 2001), the licence must include a condition requiring that individual to be licensed by the Security Industry Authority (SIA) under that Act, or be entitled to carry out that activity by virtue of Section 4 of that Act. Conditions attached by virtue of Section 21 of the Act (as amended by the Violent Crime Reduction Act 2006) will only relate to individuals carrying out security activities defined by Section 21(3)(a) of the Act, and therefore will only relate to an activity to which Paragraph 2(1)(a) of Schedule 2 to the Private Security Industry Act 2001 applies (certain manned guarding activities) and which is licensable conduct within the meaning of Section 3(2) of that Act. The requirement does not relate to individuals performing non-security related activities, and Section 21 should not be used in relation to any such activities.
13.12 Irresponsible Promotions Where a Premises Licence or Club Premises Certificate authorises the sale/supply of alcohol (not including where the licence or certificate authorises the sale by retail or supply of alcohol only for consumption off the premises), it must contain a condition that the Premises Licence holder and/or DPS (or relevant Committee in the case of a Club Premises Certificate) shall take all reasonable steps to ensure that no irresponsible promotions are carried out, arranged or participated in at the premises. An irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children:
x Games or other activities which require or encourage, or are designed to require or encourage, individuals to: (i) drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or (ii) drink as much alcohol as possible (whether within a time limit or otherwise); x Provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in Section 159 of the Act); x Provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less; x Provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on: (i) the outcome of a race, competition or other event or process, or (ii) the likelihood of anything occurring or not occurring; x Selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social
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- 637 - behaviour or to refer to the effects of drunkenness in any favourable manner.
13.13 The mandatory condition described in Paragraph 13.12 would normally apply to on licensed premises. The Authority recommends, and would support, that a similar approach be taken by off licensed premises so that irresponsible alcohol promotions are prevented.
13.14 Dispensing Alcohol Directly Into the Mouth Where a Premises Licence or Club Premises Certificate authorises the sale/supply of alcohol (not including where the licence or certificate authorises the sale by retail or supply of alcohol only for consumption off the premises), it must contain a condition that the Premises Licence holder and/or DPS (or relevant Committee in the case of a Club Premises Certificate) shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).
13.15 Free Tap Water Where a Premises Licence or Club Premises Certificate authorises the sale/supply of alcohol (not including where the licence or certificate authorises the sale by retail or supply of alcohol only for consumption off the premises), it must contain a condition that the Premises Licence holder and/or DPS (or relevant Committee in the case of a Club Premises Certificate) shall ensure that free tap water is provided on request to customers where it is reasonably available.
13.16 Age Verification Policy Where a Premises Licence or Club Premises Certificate authorises the sale/supply of alcohol, it must contain a condition that the Premises Licence holder and/or DPS (or relevant Committee in the case of a Club Premises Certificate) shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol. The policy must require individuals who appear to the responsible person 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.
13.17 Alcohol Measures Where a Premises Licence or Club Premises Certificate authorises the sale/supply of alcohol (not including where the licence or certificate authorises the sale by retail or supply of alcohol only for consumption off the premises), it must contain a condition that the Premises Licence holder and/or DPS (or relevant Committee in the case of a Club Premises Certificate) shall ensure that: x Where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures – (i) beer or cider: ½ pint; (ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and
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- 638 - (iii) still wine in a glass: 125 ml; and x Customers are made aware of the availability of these measures.
Minor Variations 13.18 Only the prescribed processes contained in the Act may be used to amend or alter any part of a Premises Licence or Club Premises Certificate.
13.19 However, a minor variation application can be submitted to amend any aspect of an existing Premises Licence or Club Premises Certificate where the proposed change would not adversely impact upon the Licensing Objectives. Whilst the Authority will consider applications on a case by case basis to determine whether the proposed change is “minor”, it is envisaged that four main types of minor variation application will be used:
x Minor changes to the structure or layout of premises; x Small adjustments to licensing hours; x Removal of out of date irrelevant or unenforceable conditions; x Adding certain licensable activities, including live music.
13.20 Applications must be made to the Authority in accordance with the Act. There are no exemptions to the fee that must accompany the application (i.e. an otherwise exempt school still would still have to pay) and annual fees remain unaffected.
13.21 Whilst any applicant must place a notice on the premises which details the content of the proposed minor variation, there is no requirement to advertise the application in the local press and there are no Hearings under the minor variation process.
13.22 There is no requirement for applicants to notify Responsible Authorities of their minor variation application. Responsible Authorities will be involved at the request of the Authority if there is any doubt whether the variation could adversely impact upon any of the Licensing Objectives and requires any specialist advice in reaching a decision. Interested Parties may still make representations based on the Licensing Objectives, but representations do not trigger a Hearing. Nevertheless, the Authority will take any representations into account in making a decision.
13.23 The Authority has no power to impose conditions; only conditions volunteered by the applicant can be added to the licence under the minor variations procedure. The determination is therefore either to grant or to refuse the application.
13.24 If the Authority refuses an application it will provide the reasons for doing so. Applications that have been rejected can then be the subject of a full variation application or of a revised minor variation application. A minor variation refusal does not affect any subsequent variation application in respect of the same premises.
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- 639 - ‘Dis-application’ of DPS in Community Premises 13.25 The Act stipulates that all Premises Licenses governing the sale of alcohol must possess mandatory conditions requiring the premises to have a DPS and for all sales of alcohol to be made or authorised by a person who holds a Personal Licence.
13.26 “Community” premises can apply to have these mandatory conditions removed from their Premises Licence. This change will enable community premises to operate without a DPS and for sales of alcohol to be made on such premises without the authorisation of a Personal Licence holder.
13.27 Applications must be made to the Authority in accordance with the Act and can be made either as part of a new Premises Licence application or by existing Premises Licence Holders. Community premises are not automatically entitled have these mandatory conditions removed and must therefore apply. No other conditions can be removed from the Premises Licence under this process.
13.28 As part of any application, the Authority will expect the management committee/board of the premises to set out how the premises is managed, its committee structure (including the names of committee members) and how the supervision of alcohol sales is to be ensured in different situations, as well as how responsibility for this is to be determined in individual cases and reviewed within the committee procedure in the event of any issues arising.
13.29 The Authority must be satisfied that arrangements for the management of the premises by the committee/board are sufficient to ensure the adequate supervision of the supply of alcohol on the premises. Where arrangements are not clear, the Authority will ask for further details to confirm that the management committee/board is properly constituted and accountable before taking a decision on whether to grant the application.
13.30 Once granted, the management committee/board will remain as the Premises Licence Holder and will be collectively responsible for ensuring compliance with licence conditions and the law.
13.31 In exceptional circumstances, Lancashire Constabulary can object to such a request on the grounds of crime and disorder, issuing a notice seeking the refusal of the application to include the new mandatory condition. A Hearing will then be held in order to determine the application. Both the applicant and Lancashire Constabulary may appeal this decision if minded to do so. The remaining Responsible Authorities do not have the right to issue a notice seeking refusal, but can seek reinstatement of the mandatory conditions through a review of the licence.
13.32 The following Sections of this Policy aim to provide guidance on the Licensing Objectives and are indicative of the Authority’s considered view.
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- 640 - 14.0 Crime and Disorder
14.1 The duty of the Authority under Section 17 of the Crime and Disorder Act 1998 (detailed in Paragraph 4.6) is in addition to its duty under Section 4 of the Act to promote the prevention of crime and disorder. The Authority is therefore committed to supporting its partnership work in the fight against crime and disorder in West Lancashire.
14.2 Licensed premises, especially those offering late night entertainment, alcohol and refreshment can be a source of crime and disorder problems. Therefore the Authority will have particular regard to the likely impact on licensing related crime and disorder within the Borough, particularly when considering the location and impact of any application.
14.3 The Authority will have regard to the Government’s National Alcohol Harm Reduction Strategy and the powers available in the Act, and associated legislation, such as the Anti Social Behaviour Act 2003 and the Crime and Disorder Act 1998.
14.4 In accordance with ‘the prevention of crime and disorder’ Licensing Objective, applicants will be expected to demonstrate in their Operating Schedule that sufficient measures have been identified, implemented and maintained to address crime and disorder within the premises and also in the ‘vicinity’ of the premises. Controls must be relevant to the style and characteristics of the proposed activities.
14.5 The Authority recognises that only a minority of customers will behave badly and this Policy Statement cannot address issues relating to behaviour of individuals or groups, unless they are in the vicinity of the applicants licensed premises. However, applicants should note that this Policy Statement is an integral part of a coordinated approach to reducing crime and disorder and should therefore demonstrate in their Operating Schedules, and day-to-day operations, how they participate in and promote local policies and initiatives. The term ‘vicinity’ can only be defined when having regard to the individual circumstances of an application and also having due regard to any representations or observations received from Responsible Authorities or Interested Parties. Whether or not incidents can be regarded as being “in the vicinity” or “related to” licensed premises is ultimately a matter of fact to be decided by the Courts in cases of dispute.
14.6 When considering licence applications, and where appropriate to the premises and/or the licensable activity, the Authority will particularly consider the following if necessary and/or appropriate:
x The capability of the Designated Premises Supervisor or any other person appointed by him to be in charge of the premises to ensure effective and responsible management of the premises; x The training given to staff in crime prevention measures; x Procedures for risk assessing promotions and events, such as ‘happy hours’ in relation to crime and disorder, and the plans to minimise such risks;
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- 641 - x Adoption of the ‘ACE Award’ scheme (or similar scheme) as an example of best practice; x The participation in the local ‘Pub Watch’ initiative (where available); x Adoption of best practice guidance in relation to safer clubbing etc; x The use of display materials conveying clear, relevant and consistent messages regarding safe drinking; x Physical security features installed in the premises (i.e. location and standard of CCTV equipment); x Measures to prevent the supply of illegal drugs, including search and entry policies; x Employment of door supervisors licensed by the Security Industry Authority; x Measures to be taken for the prevention of violence and disorder; x The presence, or otherwise, of sufficient transport facilities to ensure that customers can leave the premises safely and swiftly; x The introduction of plastic bottles and glasses and/or toughened glasses; x The implications of the Health Act 2006 (smoking ban); x Weapon detection and search facilities.
14.7 Where a relevant Representation has been received, and cannot be agreed by all parties, the Authority will consider attaching conditions to deter and prevent crime and disorder. These may include conditions taken from the pool of model conditions, which is maintained separately from this Policy Statement and is available from the Licensing Service using the contact details in Appendix 4, or on the Licensing Service homepage www.westlancs.gov.uk/licensing. Certain premises may be required to install CCTV systems, which will be to an evidential standard, if the Authority is satisfied that it is necessary to meet any of the Licensing Objectives.
14.8 The Council reserves its right to use its powers to designate areas where alcohol may not be consumed in a public place to meet the Public Safety and Crime and Disorder objectives. These areas would normally be where licensed premises are located. At present, no such areas have been designated.
14.9 The Authority will pay particular regard to relevant representations from Lancashire Constabulary to determine if the proposed measures are sufficient to reduce the risk of crime and disorder. The Authority will not normally grant an authorisation where representations have been made by Lancashire Constabulary that express serious concern regarding the potential for crime and disorder, unless the applicant can demonstrate compelling reasons why the application should be approved in the light of these representations.
14.10 To ensure Operating Schedules adequately address these issues, applicants are advised to seek advice from Lancashire Constabulary Licensing Unit before preparing their application (Appendix 4 - useful contacts).
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- 642 - 15.0 Public Safety / Safety of Premises
15.1 The Public Safety Licensing Objective is concerned with the physical safety of the people using the relevant premises and not with public health, which is dealt with in separate legislation. Accordingly, the Authority expects the standards of safety, which are evidenced by full compliance with the Health and Safety at Work etc Act 1974 (and associated secondary legislation/guidance) and Fire Safety Legislation. A voluntary commitment in the Operating Schedule to higher standards of safety, such as the use of British Standard Specification accreditation for safety measures, would be encouraged and positively considered.
15.2 It is essential that premises covered by this Policy Statement are constructed or adapted and operated so as to acknowledge and safeguard occupants against the risks to their safety.
15.3 Where necessary and appropriate, the Authority will expect applicants to provide evidence within the Operating Schedule to satisfactorily address public safety issues and demonstrate that those factors that impact on the standards of public safety in the operation of the premises have been considered. These may include:
x The safe occupancy capacity of the premises, in particular having regard to floor area and means of escape; x The use of door supervisors (licensed by the Security Industry Authority); x A facility to monitor and control capacity at the premises; x The age, design and layout of the premises, including means of escape; x The nature of the licensable activities provided, in particular the sale of alcohol; x Hours of operation; x Customer profile (age, disability etc.); x The necessary Health and Safety and Fire risk assessments for the premises and other measures to reduce risk to public safety; x Use of any special effect devices e.g.: lighting, pyrotechnics, lasers, smoke machines etc.; x The number of people employed or engaged to secure the safety of all persons attending the premises or event; x Measures for the appropriate instruction, training and supervision of those employed or engaged to secure the safety of all persons attending the premises or event; x Where appropriate, noise exposure controls, for both staff and public, which have been detailed in accordance with the appropriate legislation; x Arrangements to ensure that litter, generated by activities at the premises, does not present a fire hazard; x The implications of the Health Act 2006 (smoking ban); x Implementation of appropriate crowd management measures.
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- 643 - 15.4 The Authority will work closely with the Lancashire Fire and Rescue Service to assist in assessing/determining an appropriate maximum capacity, where required, at individual venues. This will be in accordance with the service protocol issued by Lancashire Fire and Rescue Service, which is maintained separately from this Policy Statement and is available from the Licensing Service using the contact details in Appendix 4, or on the Licensing Service homepage www.westlancs.gov.uk/licensing
15.5 The Authority will pay particular regard to relevant representations from the Council’s Technical Officers as well as from Lancashire Fire and Rescue Service and Lancashire Constabulary to determine if measures proposed are sufficient to ensure the safety of the public. The Authority will not normally grant an authorisation where relevant representations are made by one of these bodies expressing serious concern regarding public safety, unless the applicant can demonstrate compelling reasons why the application should be approved in the light of these representations.
15.6 Where a relevant representation has been received, prior to the determination of an application for a Premises Licence or Club Premises Certificate, an applicant may be required to provide the Authority with such certificates that are necessary and/or appropriate to ensure the safety of the premises. These may include:
x Electrical inspection report certificate; x Fire alarm test inspection report; x Emergency lighting inspection and test report; x Fire fighting equipment; x Flame retardant properties of materials certificate (new premises or new upholstery); x Gas safety certificate; x Ceiling certificate (in the case of cinemas).
15.7 If relevant representations are received, the Authority will consider attaching conditions to licences and permissions to promote safety, and these may include conditions drawn from the pool of model conditions, which is maintained separately from this Policy Statement and is available from the Licensing Service using the contact details in Appendix 4, or on the Licensing Service homepage www.westlancs.gov.uk/licensing
15.8 To ensure Operating Schedules adequately address these issues, applicants are advised to seek advice from the Council’s Health and Safety Officers (or the Health and Safety Executive, where appropriate) and the Lancashire Fire and Rescue Service before preparing their application (Appendix 4 – useful contacts).
West Lancashire Borough Council – Statement of Licensing Policy 2011 35
- 644 - 16.0 Public Nuisance
16.1 Licensed premises, especially those operating late at night and in the early hours of the morning, can cause a range of nuisances impacting on people living, working or sleeping within the vicinity of the premises.
16.2 These concerns mainly relate to noise nuisance and/or related disturbance, light pollution and noxious smells; and due regard will be taken of the impact these may have. Where necessary and proportionate, the Authority will expect Operating Schedules to satisfactorily address these issues and provide information as to how the relevant nuisances will be prevented.
16.3 It is essential that the measures, and the necessary controls, described in the application relate to:
x Noise transmission and escape; x Potential noise and/or disturbance associated with patrons – for example patrons using outside areas for smoking, or awaiting entry or leaving the premises; x Potential noise from car parking and ‘taxi’ facilities; x The use of outside areas; x Any light pollution risks.
Applicants are advised to seek advice from the Council’s Environmental Protection Section before preparing their application (Appendix 4 – useful contacts).
16.4 If relevant representations are received, the Authority will consider attaching conditions to licences and permissions to prevent public nuisance, and these may include conditions drawn from the model pool of conditions, which is maintained separately from this Policy Statement and is available from the Licensing Service using the contact details in Appendix 4, or on the Licensing Service homepage www.westlancs.gov.uk/licensing
16.5 In considering all relevant applications, the Authority will assess the impact of the proposed licensable activities and consider the evidence provided by the applicant, and any relevant representations, as to the adequacy of the measures proposed to deal with the potential for nuisance and disorder having regard to all of the circumstances of the application, and in particular will consider the following, if necessary and/or appropriate:
x The type of activity, its frequency and the number and nature of customers likely to attend; x Measures taken, or proposed, to prevent noise and/or vibration escaping from within the premises, or from the use of outside areas, given the location of the premises and proximity to residential and other noise sensitive premises (e.g. hospitals, hospices and places of worship). This would include music, ventilation equipment noise and human voice, whether amplified or not;
West Lancashire Borough Council – Statement of Licensing Policy 2011 36
- 645 - x Measures taken, or proposed, for management and supervision of the premises and open areas to minimise unreasonable disturbance by customers and staff arriving or leaving the premises, including the delivery of goods and services; x The proposed hours of operation for all, or part, of the premises; x The levels, and impact, of public transport available for customers and the likely means of public or private transport to be used; x Means of access to the premises, including customer entrances and exits on principal pedestrian routes; x Whether routes to and from the premises pass residential premises; x The level of car parking on surrounding residential streets and its effects on local residents and traffic movements; x The cumulative impact of licensed premises in an area and scope for mitigation; (Section 20.0) x Measures taken, or proposed, to prevent queuing. Where queuing is inevitable, measures to divert queues away from neighbouring premises, or otherwise manage the queue to prevent disturbance or obstruction; x Arrangements made, or proposed, for security lighting at the premises, and the steps the applicant has taken or proposes to take to ensure that lighting will not cause a nuisance to residents; x Whether the premises would result in increased refuse storage or disposal problems or additional litter in the vicinity of the premises, including measures taken to ensure collection of litter and disposal of litter and waste outside the premises; x Measures to be taken to reduce drunkenness on the premises; x If appropriate, a ‘wind down’ period between the end of the licensable activities and closure of the premises; x The implications of the Health Act 2006 (smoking ban) and the potential for disturbance by patrons using external areas for smoking; x The times at which ‘bottling up’ is undertaken; x A ‘last admission time’ policy.
16.6 The extent to which the above matters need to be addressed will be dependent upon the nature of the area where the premises is situated, the type of premises, the licensable activities to be provided, operational procedures and the needs of the local community. In general, the Authority will expect more comprehensive measures to be in place at late night entertainment venues or in premises with a history of public nuisance problems.
16.7 The Authority will pay particular regard to representations from the Council’s Technical Officers, as well as Lancashire Constabulary, to determine if measures proposed are sufficient to reduce the risk of public nuisance. The Authority will not normally grant an authorisation where representations are made by one of these bodies expressing serious concern regarding the potential for public nuisance, unless the applicant can demonstrate compelling reasons why the application should be approved in the light of these representations.
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- 646 - 16.8 Where necessary and/or appropriate, the applicant will be expected to propose practical steps to prevent nuisance to local residents and have regard to the ‘Good Practice Guide on the control of Noise from Pubs and Clubs’ produced by the Institute of Acoustics and/or other suitable available guidance that is to the satisfaction of the Authority. In relation to noise from within the building, and where appropriate, the Authority will expect the applicant to have carried out sound tests to ascertain whether there is sound leakage. Noise problems may not only relate to music, but also to ventilation equipment or customers. If there is sound leakage the Authority will expect this to have been addressed in practical ways, such as:
x Keeping doors and windows closed and providing adequate mechanical ventilation, or if necessary, air conditioning; x Reducing sound levels and installing a sound limiting device to prevent sound exceeding the appropriate level; x Installing soundproofing measures to contain sound and vibration.
16.9 In premises where customers leave the premises late at night, or early in the morning, if necessary and/or appropriate, the Authority will expect the applicant to have included in the Operating Schedule such practical steps as:
x Erecting prominent notices at the exits to the premises asking customers to leave quietly and not to slam car doors; x At appropriate times making suitable loud speaker announcements to the same effect; x Instructing door supervisors (licensed by the Security Industry Authority) to ask customers leaving the premises to leave the area quietly; x Reducing the volume of music towards the end of the evening and where appropriate playing quieter, more soothing music as the evening winds down; x Improving availability of licensed hackney carriages or private hire vehicles to take customers from the premises; x Where appropriate, requiring door staff (licensed by the Security Industry Authority) to monitor adjacent streets to assess for themselves whether the is a noise problem and how best to deal with it (having regard to only operating controls within the ‘vicinity’ of the premises); x Refusing entry to people who regularly leave in a noisy manner; x The supervision of any queues so as to keep noise and disturbance to a minimum; x The implications of the Health Act 2006 (smoking ban) and the need to take action to control potential disturbance by patrons using external areas for smoking.
16.10 If as part of a relevant representation, the Authority will also take into account previous noise and/or statutory nuisance complaints received by the Council’s Environmental Protection Section, and any formal action taken by these Officers.
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- 647 - 17.0 Children
17.1 It is an offence to permit children under the age of 16 who are not accompanied by an adult to be present on premises being exclusively or primarily used for supply of alcohol for consumption on those premises under the authorisation of a Premises Licence, Club Premises Certificate or Temporary Event Notice. In addition, it is an offence to permit children under the age of 16 who are not accompanied by an adult between midnight and 5am at other premises under the authorisation of a Premises Licence, Club Premises Certificate or Temporary Event Notice. Outside of these hours, the offence does not prevent the admission of unaccompanied children under 16 to the wide variety of premises where the consumption of alcohol is not the exclusive or primary activity at those venues. Therefore, between 5am and midnight, the offence would not necessarily apply to many restaurants, hotels, cinemas and even many pubs where the main business is the consumption of both food and drink. This does not, however, mean that children should automatically be admitted to such premises.
17.2 Access by children to licensed premises will, generally, be a matter for the licensee unless the Authority considers that conditions are required in order to promote the Licensing Objective of the “protection of children from harm”. If necessary and/or appropriate, the Authority would expect all Operating Schedules to identify the control measures to demonstrate compliance with this Licensing Objective.
17.3 The Authority recognises Lancashire County Council Social Services Safeguarding Children's Board as being competent to advise on matters relating to the protection of children from harm.
17.4 It is obviously not possible to properly anticipate every issue of concern that could arise in respect of children with regard to individual premises, therefore each application will be considered on its individual merits. However, where necessary and/or appropriate, applicants will be expected to demonstrate, and provide evidence that, suitable controls are in place. Such areas of particular concern in respect of children would include premises where:
x There have been convictions of members of the current staff at a given premises for serving alcohol to minors or with a reputation for under age drinking; x There is a known association with drugs, drug taking or drug dealing; x (Without prejudice to the controls set out in the Gambling Act 2005) there is a strong element of gambling on the premises (but not for example, the simple presence of a small number of cash prize gaming machines); x There is entertainment or services of an adult or sexual nature (Section 18.0); x There is risk of being exposed to incidents of violence or disorder; x There is risk of being exposed to excessive noise;
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- 648 - x There is risk of being exposed to other specific hazards including falls from height; x There is a risk of purchasing cigarettes from vending machines; x The supply of alcohol for consumption on the premises is the exclusive or primary purpose of the services provided at the premises.
17.5 Where necessary and proportionate and taking account of the above information and the controls contained in the Gambling Act 2005, in premises where there are suitably permitted gaming machines, the Authority will expect Operating Schedules to demonstrate the measures to be taken to prevent access by children in accordance with the Gambling Act 2005. The Authority will also expect that where there is access by children, all such machines are located within sight of bar staff so to prevent their use by children.
17.6 This Policy Statement will not seek to limit the access of children to any premises unless it is necessary for the prevention of physical, moral or psychological harm to them. Therefore on rare occasions it may be necessary to impose a condition on a Premises Licence/Club Premises Certificate banning entry to those premises by children under the age of 18 years. Options other than a complete ban will include the following:
x Limitations on the hours when children may be present; x Limitations on the exclusion of the presence of children under certain ages when particular specified activities are taking place; x Limitations on the parts of premises to which children might be given access; x Age limitations (below 18 years); x Requirements for accompanying adults (including for example, a combination of requirements which provide that children under a particular age must be accompanied by an adult); x Full exclusion of people under the age of 18 years from premises when any licensable activities are taking place; x Provision of suitable signage indicating the age control policy at the premises; x Such other condition or restriction as may be necessary and/or appropriate to achieve the Licensing Objectives.
17.7 Where necessary and/or appropriate, the Authority will expect Operating Schedules to identify suitable measures to protect children from harm and must therefore demonstrate that those factors, which impact on harm to children, have been considered. In addition, the Authority may expect Operating Schedules to demonstrate what measures are in place to ensure adequate staff training on licensing legislation relating to children in licensed premises.
17.8 Where necessary and/or appropriate, the Authority will also expect the holder of the relevant Premises Licence or Club Premises Certificate to demonstrate how they intend to provide for the supervision of children as customers and as performers providing regulated entertainment. Licence holders will be expected to demonstrate that consideration has been given
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- 649 - to the welfare of children as performers. As a minimum requirement the Authority will require an adult to be nominated to be responsible for such child performers.
17.9 In relation to cinemas and other premises used for the exhibition of films, the Authority expects that the relevant Operating Schedule will include a stipulation that children will be restricted from viewing age restricted films classified in accordance with the recommendations of the British Board of Film Classification (BBFC) or, where relevant, the Authority itself. Similarly, the Authority recommends that where age restricted films are exhibited, advertisements before or after the film do not publicise age restricted products that cannot be legally purchased by the young persons watching the film.
17.10 Many children go to see and/or take part in entertainment arranged especially for them, including children’s film shows or school productions, and additional arrangements are required to safeguard them while at the premises.
17.11 Where regulated entertainment is specially presented for children, the Authority will expect the following arrangements in order to control their access and egress and to assure their safety (or other similar controls where the same standards of control are achieved):
x An adult member of staff to be stationed in the vicinity of each of the exits from any level, subject to there being a minimum of one member of staff per 50 children or part thereof; x No child unless accompanied by an adult to be permitted in the front row of any balcony; x No standing to be permitted in any part of the auditorium during the performance.
17.12 Where relevant representations are received in respect of premises holding regulated entertainment for persons under 18 years, the Authority may require such persons working with children to undergo an enhanced Criminal Records Bureau check before they are appointed.
17.13 In the event of an application for review, the Authority may apply appropriate controls up to and including revocation of any authorisation whenever children are exposed to harm or potential harm. In particular the Authority will regulate the admission of children to:
x Premises that are known to be associated with drug taking or dealing; x Premises with a reputation for underage drinking or where there have been convictions for serving alcohol to minors; x Premises where persons have been convicted of a relevant and or foreign offence; x Premises where there is a strong element of gambling.
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- 650 - Underage drinking and proxy purchases 17.14 It is illegal for a young person to buy or attempt to buy alcohol. Therefore licensees are not to sell or supply alcohol to persons under the age of 18 years. However, a person (aged 18 years or over) may purchase beer, wine or cider for an individual (aged 16 or 17 years) for consumption with a table meal and where that individual is accompanied at the meal by a person aged 18 years or over.
17.15 Furthermore, Premises Licences and Club Premises Certificates that authorise the supply of alcohol must contain the condition that an age verification policy is in place (refer to Paragraph 13.25). The Authority expects licensees to be able to demonstrate in their Operating Schedule that they have in place satisfactory arrangements to prevent sales of alcohol to children, including such an age verification policy. Accordingly, the Authority would support use of initiatives that aim to prevent the sale of alcohol to persons under the age of 18 years, i.e. the Lancashire Trading Standard’s ‘Age Check’ Scheme, Challenge 21 campaign or similar. The following documents would comply with the requirements contained in Paragraph 13.25:
x Passport; x ‘Photo card’ driving licence; x Identification card conforming to the Proof of Age Standards Scheme (PASS) or other identification supported by the Home Office (more information can be found at www.pass- scheme.org.uk); x Official ID card issued by HM Forces or a European Union bearing x A photograph and date of birth of the holder.
17.16 Being given alcohol by a parent or friend, or buying alcohol from someone else can be a common way for underage drinkers to purchase alcohol. However, it is a criminal offence for any person to buy or attempt to buy alcohol for a person under the age of 18 years (a proxy sale). The Authority will expect Licensees to be aware of this legal requirement and to have taken appropriate action to prevent proxy sales.
17.17 To ensure compliance with underage and proxy sales legislation, test purchasing initiatives will be conducted with liaison with Lancashire Constabulary and/or Lancashire County Council Trading Standards, which will be coordinated via the MALT (Section 11.0).
West Lancashire Borough Council – Statement of Licensing Policy 2011 42
- 651 - 18.0 Entertainment / Services of an Adult or Sexual Nature
18.1 Where the activities proposed under any Premises Licence/Club Premises Certificate include those of an adult or sexual nature, the Authority would expect applicants to take into account the increased risk to the Licensing Objectives.
18.2 The Authority will have particular regard to the location of the premises when considering applications involving entertainment/services of an adult or sexual nature.
18.3 Where the Authority considers applications for such activities it will have regard to the following:
x Control measures to ensure that children are not admitted to the premises; x Control measures to prevent children and others from observing such activities; x Adequate reference of the application to the ‘public nuisance’ and ‘crime and disorder’ Licensing Objectives; x The location of the activities within the premises and proximity to customers; x The provision of suitable prominent signage stating no admittance to those under the age of 18 years old; x Any suitable measures to promote positive health messages related to the licensable activity; x No external advertising of the activity either on the premises or in the vicinity of the premises.
Sexual Entertainment Venues 18.4 In accordance with Paragraph 2(2) of Schedule 3 of the Policing and Crime Act 2009, the Council has passed a resolution that the amendments made by Section 27 of the Policing and Crime Act 2009 to Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 be adopted and shall apply to the Borough of West Lancashire.
18.5 Section 27 of the Policing and Crime Act 2009 reclassifies lap dancing clubs and similar venues into a new category of Sex Establishment called a ‘Sexual Entertainment Venue’ (SEV), which gives the Council the power to regulate such venues under Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982. Paragraph 2A has been added to Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 to widen the definition of a ‘Sex Establishment’ (i.e. sex shops and sex cinema) to include an SEV and ‘relevant entertainment’.
18.6 These powers also amend the Act to ensure that premises for which an SEV licence is required, or held, do not also require a Premises Licence, Club Premises Certificate or Temporary Events Notice in order to provide relevant entertainment. This is because such entertainment is expressly excluded from the definition of regulated entertainment found in the Act. However, if the premises also provide licensable activities that are not
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- 652 - relevant entertainment, they will nevertheless continue to require the relevant authorisation under the Act.
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- 653 - 19.0 Licensed Operating Hours
19.1 The Authority recognises that longer licensing hours with regard to the sale/supply of alcohol are important to ensure any concentrations of customers leaving premises simultaneously are avoided. This is necessary to reduce the friction at late night fast food outlets, taxi ranks and other areas, which could lead to disorder and disturbance. So in determining licensing hours, consultation will be given to the individual merits of an application.
19.2 This Authority wants to ensure that licensing hours should not inhibit the development of the evening and night time local economy, which are important for investment and local employment; and are attractive to tourists whilst providing customers with greater choice and flexibility.
19.3 The Authority considers that shops, stores and supermarkets should be free to provide sales of alcohol for consumption off the premises when the retail outlet is open for shopping except where Lancashire Constabulary have made a relevant representation identifying a particular outlet as the focus for crime, disorder and/or disturbance. In such circumstances, the Authority will consider a restriction on opening hours as one mechanism of combating such problems.
19.4 The Authority considers that the risk of disturbance to local residents is greater when licensable activities continue late at night and into the early hours of the morning as ambient noise levels will be lower (Section 16.0).
19.5 When considering applications for licensed hours, the Authority will take the following into account:
x The nature of the area where the premises are located; x The size, nature of operation and clientele at the premises; x Whether licensable activities are likely to cause adverse impact, especially on local residents, and whether appropriate measures will be put in place to prevent any adverse impact. The Authority may decide to impose such controls or recommend best practice as voluntary controls; x Whether there will be any increase in the cumulative adverse impact from these or other similar activities on the area (Section 20.0); x The arrangements to ensure adequate availability of taxis and private hire vehicles and other public transport; x Whether appropriate car parking is readily accessible to premises and whether the use/parking of vehicles would cause a demonstrable adverse impact on the amenity of residents.
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- 654 - 20.0 Cumulative Impact
General 20.1 The Authority will not seek to limit the number of licensed premises that will be permitted on the basis of ‘need’. Such concerns relate to the commercial demand for another pub, restaurant or hotel and are therefore not a matter for this Policy Statement – rather it is a matter for the Council’s Planning Committee and the market.
20.2 Whilst not explicitly mentioned in the Act, ‘cumulative impact’ (i.e. the potential impact) of licensed premises on the promotion of the Licensing Objectives is a proper matter for the Authority.
20.3 In areas where the number, type and density of premises selling alcohol are unusual, serious problems of nuisance and disorder may sometimes arise, or begin to arise, outside or some distance from licensed premises. While more flexible licensing hours may reduce this impact by allowing a more gradual dispersal of customers from premises, it is possible that the impact on surrounding areas of the behaviour of the customers of all premises taken together will still be greater in these cases than the impact of customers of individual premises.
20.4 The Authority can receive representations from a Responsible Authority or an Interested Party that the cumulative impact of new licences is leading to an area becoming saturated with premises making it a focal point for large groups to gather in and circulate away from the licensed premises themselves, and that this is creating exceptional problems of disorder and/or nuisance over and above the impact of the individual premises.
20.5 To implement these controls, the Authority can adopt and publish a special cumulative impact policy, which must be maintained separately from, although referenced within, this Policy Statement.
20.6 The Authority will expect there to be a clear evidential basis to demonstrate the need for a special policy. For example, the Community Safety Partnership will may provide information which demonstrates cumulative impact as part of their general role on anti- social behaviour, or similarly, the Council’s Environmental Health Officers may be able to demonstrate concentrations of valid complaints relating to noise disturbance.
20.7 If suitable demonstrable evidence exists, and prior to implementing a special policy, the Authority must consult those individuals and organisations listed in Section 5(3) of the Act as a minimum. In doing so, the Authority will clearly indicate the area that the special policy will affect and will also clearly state that the Authority intends to create a rebuttable presumption that applications for new premises licences or club premises certificates or variations that are likely to add to the existing cumulative impact will normally be refused, following relevant representations, unless the applicant can
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- 655 - demonstrate in their operating schedule that there will be no negative cumulative impact on one or more of the Licensing Objectives.
20.8 If the Authority adopts a special policy, it does not relieve Responsible Authorities or Interested Parties of the need to make a relevant representation on cumulative impact grounds. If there are no representations, the Authority must grant the application in terms that are consistent with the operating schedule submitted.
Current situation 20.9 Once away from the licensed premises, current evidence suggests that only a minority of consumers behave badly and unlawfully. Therefore a special cumulative impact policy is currently not required. However, this does not prevent any Responsible Authority or Interested Party making representations on a new application for the grant, or variation, of a Premises Licence and/or Club Premises Certificate on the grounds that the premises will give rise to a negative cumulative impact on one or more of the Licensing Objectives.
20.10 The MALT (Section 11.0) will regularly monitor the need for a special policy, and if implemented, it will undertake regular reviews of a special policy to assess whether it continues to be required or needs expanding.
20.11 Furthermore, other mechanisms, both within and outside the licensing regime, also exist to address such issues, including:
x Planning controls; x West Lancashire Community Safety Partnership – including the Local Priorities Group, Residents’ Groups and links with Edge Hill University - which works towards, and supports initiatives designed to have a positive impact on, maintaining a safe environment throughout the Borough; x The provision of CCTV surveillance; x Powers to designate parts of the local authority area as places where alcohol may not be consumed publicly (Section 14.0); x Police enforcement of the general law concerning disorder and anti-social behaviour, including the issuing of fixed penalty notices; x The prosecution of any personal licence holder or member of staff at such premises who is selling alcohol to people who are drunk; x Police powers to close down instantly for up to 24 hours any licensed premises or temporary event on grounds of disorder, the likelihood of disorder or noise emanating from the premises causing a nuisance; x The power of the Police, other Responsible Authorities or a local resident or business to seek a review of the licence or certificate in question.
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- 656 - 21.0 Provisional Statements
21.1 Where premises are being or are about to be constructed for the purpose of being used for one or more licensable activities, or are being or about to be extended or otherwise altered for that purpose (whether or not they are already being used for that purpose) a person (if an individual aged 18 years or over) may apply for a Provisional Statement if they have an interest in the premises.
21.2 Where relevant representations have been made, applications for Provisional Statements will be dealt with in a similar manner to applications for Premises Licences.
21.3 An application for a Provisional Statement must be accompanied by a schedule of the following details:
x Details of the premises; x The works to be done; x Licensable activities proposed; x Plan of the premises; x Any such other information as prescribed by Regulation.
21.4 If voluntarily available, the Authority would find the following additional information useful:
x Whether planning consent has been granted for the application; x Proposed times of activities; x Proposed hours of opening; x Where the applicant wishes the licence to have effect for a limited period, that period; x The name of the proposed Designated Premises Supervisor (where the sale or supply of alcohol is proposed); x Basic details as to how the Licensing Objectives would be promoted.
21.5 Applicants will be required to notify Responsible Authorities and advertise their application in a similar way to the arrangements for applications for Premises Licences. Therefore, where Responsible Authorities or Interested Parties make representations, a Hearing will be held. In such circumstances, the Authority will determine whether, on the basis of any representations and the provisional statement application, it would consider it necessary to:
x Attach conditions to the licence; x Rule out any of the licensable activities applied for; x Refuse to specify the person nominated as the premises supervisor; x Reject the application.
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- 657 - 21.6 If, on the work being satisfactorily completed, the Authority believes it would grant a Premises Licence in the form described in the Provisional Statement, it will issue the applicant with a statement which:
x Gives details of the determination; and x States the Authority’s reasons for its decision as to the steps, if any, to take as outlined in above.
21.7 If a Provisional Statement has been issued and the person subsequently applies for a Premises Licence in respect of the premises (or a part of the premises or premises which are substantially the same) representations by Responsible Authorities and Interested Parties will be excluded in certain circumstances. These are where:
x The application for a licence is in the same form as the licence described in the Provisional Statement; and x The work in the schedule of works has been satisfactorily completed; x Given the information in the application for a Provisional Statement, the person objecting could have made the same, or substantially the same, representations about the application but has failed to do so without reasonable excuse; and x There has been no material change in circumstances relating either to the relevant premises or to the area in the vicinity of those premises.
21.8 Applicants are advised that whilst there is no limit to the duration of a Provisional Statement, the longer there is a delay before a Premises Licence is applied for, the greater the potential is for representations not to be excluded due to a genuine and material changes in circumstances.
21.9 The Licence will not become effective until a date stipulated by the Authority.
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- 658 - 22.0 Interim Authorities
22.1 Generally, a Premises Licence will remain in force for as long as the licence holder continues to operate the business, unless:
x It is specified that the licence has effect for a limited period and that period has expired; x The licence has been surrendered; x The licence has been suspended; x The licence has been revoked.
22.2 If a licence holder dies, becomes bankrupt or mentally incapable then the licence will lapse. However, if within a seven day period of such circumstances (beginning with the day after the licence lapsed) a person who had an interest in the premises or who is connected to the former holder or if the licence, gives the Authority an “Interim Authority Notice”, the Premises Licence will be reinstated for a period of two months.
22.3 A person is deemed to be connected to the former holder of a Premises License, if:
x The person is the personal representative in the event of the holder’s death; x In respect of someone who has become mentally incapable is acting under Section 6 of the Enduring Powers of Attorney Act 1985; or x In the event of insolvency/bankruptcy is acting as an Insolvency Practitioner; x Any other person prescribed by Regulation.
22.4 Interim Authority Notices must also be served on Lancashire Constabulary within the seven-day period of being served on the Authority. Where required, Lancashire Constabulary may raise an objection to the notice under the ‘prevention of crime and disorder’ Licensing Objective. The Authority will then hold a Hearing to consider the objection.
22.5 The Authority recognises the need to consider any objections in these circumstances quickly.
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- 659 - 23.0 Temporary Event Notices
23.1 General Section 100 of the Act states that the organiser of a Temporary Event must give the Authority notice of the event, which is done so by means of a Temporary Event Notice (TEN).
23.2 Section 100(7) of the Act states that the organiser must give the Authority a minimum of 10 clear working days notice, at which Lancashire Constabulary may only object under the ‘crime and disorder’ Licensing Objective.
23.3 However, in a significant number of cases, a 10 working day notice period would not allow enough time for the organiser to liaise with Lancashire Fire and Rescue Service, Lancashire Constabulary and the relevant Council Officers to ensure that the event passes off safely with the minimum disturbance to local residents. It is therefore recommended that the Authority and Lancashire Constabulary receive all TENs at least 28 days before the planned event. This will ensure that full discussion can take place between the organiser and the other stakeholders to the event (which may include the Ambulance Service for larger events) so that the event can take place with the minimum risk of crime and disorder, public nuisance and to the health and safety of staff and customers.
23.4 In normal circumstances, the Authority recommends that a TEN should not be served on the Authority and Lancashire Constabulary any more than 3 months before the event is due to take place. An exception is made for large or complex events were a greater period of time to adequately plan the event would be required.
23.5 The following limitations apply to the holding of temporary events and the issue of TENs:
x The number of times a ‘premises user’ may give a TEN (50 times per year for a Personal Licence holder and 5 times per year for any other person); x The number of times a TEN may be given in respect of any particular premises (12 times in a calendar year); x The length of time a temporary event may last (96 hours); x The maximum aggregate duration of the periods covered by temporary event notices at any individual premises (15 days); and x The scale of the event in terms of the maximum number of people attending at any one time (less than 500).
23.6 Temporary Structures The Authority has adopted the provisions of Section 35 of the County of Lancashire Act 1980 which must be followed when dealing with applications relating to temporary structures.
23.7 It should be noted that the giving of a TEN does not relieve the premises user from any requirements under planning law for appropriate planning permission where it is required.
West Lancashire Borough Council – Statement of Licensing Policy 2011 51
- 660 - Appendix 1: Key locations in the Borough of West Lancashire
West Lancashire Borough Council – Statement of Licensing Policy 2011 52
- 661 - Appendix 2: Glossary of terminology
Authorisation Any licence, certificate, notice, event or other permission defined by the Licensing Act 2003.
Community premises To include church halls and chapels as well as community and village halls. Where it is not clear whether premises are “community” premises, the matter will be approached on a case by case basis, with the main consideration being how the premises are predominantly used. Premises such as schools and other private halls available for private hire may not be considered community premises, but the extent to which such premises are providing a facility for the community rather than members of the community for private purposes must be considered. The test is directed at the nature of the premises themselves, as reflected in their predominant use.
Community Safety A group comprising the Police, the Council, the Police Partnership (CSP) Authority, Fire and Rescue Authority, Primary Care Trust and civil society organisations charged with statutory duties to reduce crime and disorder in its area by working closely with each other.
Entertainment Facilities are defined as:
Facilities for enabling persons to take part in entertainment of a description falling within those mentioned above for the purpose, or for the purposes which include the purpose, of being entertained. The descriptions of entertainment are making music, dancing, and entertainment of a similar description to that falling within those mentioned above. This definition is subject to Part 3 of schedule 1 to the Licensing Act 2003 (interpretation).
Frivolous representation This matter is decided on its own merits, however these representations are categorised by a lack of seriousness. A trivial complaint may not always be frivolous, but it would have to be pertinent to be relevant.
West Lancashire Borough Council – Statement of Licensing Policy 2011 53
- 662 - Hot food or hot drink is defined as:
Food or drink supplied on or from any premises is ‘hot’ for the purposes of Schedule 2 to the Act if the food or drink, or any part of it: i) before it is supplied, is heated on the premises or elsewhere for the purpose of enabling it to be consumed at a temperature above the ambient air temperature and, at the time of supply, is above that temperature, or ii) after it is supplied, may be heated on the premises for the purpose of enabling it to be consumed at a temperature above the ambient air temperature.
Incidental music The Authority defines this as:
Where in certain circumstances the performance of live music, or the playing of recorded music is incidental to another activity, which is not in itself entertainment or entertainment facilities. If the volume of the live or recorded music predominates over the other activities, this would generally not be regarded as incidental.
As the Act does not define “incidental” the Council will judge whether music of this kind is incidental to other activities on a case by case basis.
Interested Party is defined as:
i) a person living in the vicinity of the premises ii) a body representing persons who live in that vicinity iii) a person involved in a business in that vicinity iv) a body representing persons involved in such businesses
West Lancashire Borough Council – Statement of Licensing Policy 2011 54
- 663 - Licensable activities and are defined in the Licensing Act 2003 as: qualifying club activities i) the sale by retail of alcohol ii) the supply of alcohol by or on behalf of a club, or to the order of, a member of the club iii) the provision of regulated entertainment iv) the provision of late night refreshment
for those purposes the following licensable activities are also qualifying club activities; i) the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club for consumption on the premises where the supply takes place ii) the sale by retail of alcohol by or on behalf of a club to a guest of a member of the club for consumption on the premises where the sale takes place iii) the provision of regulated entertainment where that provision is by or on behalf of a club for members of the club or members of the club and their guests
Licensed Premises The premises, or place, where licensable activities take place under any authorisation defined in the Licensing Act 2003.
Licensee A person, or other body, holding any authorisation defined in the Licensing Act 2003.
Private Event The Authority defines this as:
An event, where a licensable or other activity takes place, to which the public do not have access. Such an event would be defined as regulated entertainment, and therefore licensable, only if it is provided for consideration and with a view to a profit. For example, a charge to those attending a private event to cover the costs of the entertainment, and no other purpose, would not make the entertainment licensable, as this would not be with a view to a profit. It would be irrelevant if a profit might inadvertently be made as long as there had not been an intention to make a profit.
West Lancashire Borough Council – Statement of Licensing Policy 2011 55
- 664 - Provision of late night is defined as: refreshment the provision of hot food or hot drink to members of the public, or a section of the public, on or from any premises, whether for consumption on or off the premises between 11pm and 5am or at any time between those hours when members of the public, or a section of the public, are admitted to any premises, a person supplies, or holds himself willing to supply, hot food or hot drink to any persons, or to persons of a particular description, on or from those premises, whether for consumption on or off the premises.
Regulated Entertainment is defined as:
(a) a performance of a play (b) an exhibition of a film (c) an indoor sporting event (d) a boxing or wrestling entertainment (e) a performance of live music (f) any playing of recorded music (g) a performance of dance (h) entertainment of a similar description to that falling with paragraph (e), (f) or (g) where the entertainment takes place in the presence of an audience and is provided for the purpose, or for the purposes which include the purpose, of entertaining that audience. Any reference to an audience includes a reference to spectators. This definition is subject to Part 3 of schedule 1 to the Licensing Act 2003 (interpretation).
Relevant representation A representation would only be ‘relevant’ if it relates to the likely effect of the grant to the licence on the promotion of at least one of the four Licensing Objectives.
For example, a representation from a local businessman which argues that his business would be commercially damaged by a new business for which an application is being made under Part 3 of the Act would not be relevant – this is a commercial matter.
However, if a representation to the effect that nuisance caused by the new business would deter customers from entering the area and the steps proposed by the applicant to control the nuisance are inadequate would amount to a relevant representation.
West Lancashire Borough Council – Statement of Licensing Policy 2011 56
- 665 - Repetitious This matter is decided on its own merits, however a representation ‘repetitious representation’ would be categorised as being similar, or of a similar nature, to a previous representation which has already been decided upon.
Responsible Authority is defined as:
i) the Chief Officer of Police for any Police area in which the premises are situated ii) the Fire Authority for any area in which the premises are situated iii) the enforcing authority within the meaning given by Section 18 of the Health and Safety at Work etc. Act 1974 for any area in which the premises are situated iv) the local planning authority within the meaning given by the Town and Country Planning Act 1990 (c.8) for any area in which the premises are situated v) the local authority by which statutory functions are exercisable in any area in which the premises are situated in relation to minimising or preventing the risk of pollution of the environment or of harm to human health vi) a body which: (a) 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 (b) is recognised by the licensing authority for that area for the purposes of this section as being competent to advise it on such matters vii) any licensing authority (other than the relevant licensing authority) in whose area part of the premises is situated
Responsible Authority viii) in relation to a vessel: (continued) (a) a navigation authority (within the meaning of section 221(1) of the Water Resources Act 1991 (c.57) 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 (b) the Environment Agency (c) the British Waterways Board, or (d) the Secretary of State (e) a person prescribed for the purpose of this subsection.
West Lancashire Borough Council – Statement of Licensing Policy 2011 57
- 666 - Temporary Event is defined as:
The use of premises for one or more of the licensable activities during a period not exceeding 96 hours usually where a Premises Licence covering the licensable activity is not in place.
Vexatious representation This matter is decided on its own merits; however vexation may arise because of disputes between rival businesses or persons.
West Lancashire Borough Council – Statement of Licensing Policy 2011 58
- 667 - Appendix 3: Crime and disorder statistics
Due to the manner in which crime and disorder is recorded by the Police, no specific data can be provided regarding crime and disorder relating specifically to licensed premises. The following violent crime data is provided as an indication of the prevalence of crime and disorder across West Lancashire.
Numeric % Numeric % AREA 2007/08 2008/09 Change Change 2009/10 Change Change West Lancashire 1,310 1,261 - 49 - 4% 1,287 + 26 + 2% Ashurst 46 60 + 14 + 30% 45 - 15 - 25% Aughton & Downholland 16 20 + 4 + 25% 20 = = Aughton Park 13 7 - 6 - 46% 11 + 4 + 57% Bickerstaffe 13 9 - 4 - 31% 5 - 4 - 44% Birch Green 213 154 - 59 - 28% 172 + 18 + 12% Burscough East 31 41 + 10 + 32% 34 - 7 - 17% Burscough West 64 39 - 25 - 39% 53 + 14 + 36% Derby 55 56 + 1 + 2% 72 + 16 + 29% Digmoor 134 104 - 30 - 22% 143 + 39 + 38% Halsall 10 19 + 9 + 90% 7 - 12 - 63% Hesketh-with-Becconsall 12 22 + 10 + 83% 25 + 3 + 14% Knowsley 62 74 + 12 + 19% 71 - 3 - 4% Moorside 88 89 + 1 + 1% 90 + 1 + 1% Newburgh 7 5 - 2 - 29% 12 + 7 + 140% North Meols 17 28 + 11 + 65% 12 - 16 - 57% Parbold 25 14 - 11 - 44% 17 + 3 + 21% Rufford 4 6 + 2 + 50% 10 + 4 + 67% Scarisbrick 16 19 + 3 + 19% 18 - 1 - 5% Scott 81 84 + 3 + 4% 66 - 18 - 21% Skelmersdale North 80 68 - 12 - 15% 69 + 1 + 1% Skelmersdale South 109 83 - 26 - 24% 107 + 24 + 29% Tanhouse 111 135 + 24 + 22% 110 - 25 - 19% Tarleton 40 40 = = 41 + 1 + 3% Up Holland 45 66 + 21 + 47% 57 - 9 - 14% Wrightington 18 19 + 1 + 6% 20 + 1 + 5%
Source: MADE (2010) CORA - L November 2010
West Lancashire Borough Council – Statement of Licensing Policy 2011 59
- 668 - Appendix 4: Useful contacts
Further information on West Lancashire Borough Council’s Licensing Policy Statement or the Licensing Act 2003 can be obtained from the Public Protection and Licensing Manager using the contact details below. The Executive Manager Community Services, David Tilleray, has overall responsibility for the Licensing Service.
Paul Charlson - Public Protection and Licensing Manager West Lancashire Borough Council, Robert Hodge Centre, Stanley Way, Skelmersdale WN8 8EE Telephone: 01695 585246 Fax: 01695 585126 Email: [email protected] Internet: www.westlancs.gov.uk/licensingact
Other contacts: Crime and disorder: Fire Safety: Lancashire Constabulary Lancashire Fire and Rescue Service Licensing Unit: C Division Fire Safety Officer - Skelmersdale Fire Station County Police Office, St Thomas's Road Tanhouse Road, Skelmersdale, Chorley, Lancashire PR7 1DR Lancashire WN8 9NN
Telephone: 01257 246215 Telephone: 01695 723853 Fax: 01257 246217 Fax: 01695 731172 Email: [email protected] Email: [email protected] Health & Safety: Noise and other nuisances: Mike Tasker - Commercial Safety Manager Andrew Hill - Environmental Protection Manager West Lancashire Borough Council West Lancashire Borough Council Robert Hodge Centre, Stanley Way, Robert Hodge Centre, Stanley Way, Skelmersdale Skelmersdale Lancashire WN8 8EE Lancashire WN8 8EE Telephone: 01695 585242 Telephone: 01695 585243 Fax: 01695 585126 Fax: 01695 585126 Email: [email protected] Email: [email protected]
Planning: Protection of children: West Lancashire Borough Council Lancashire County Council Development Control Service Lancashire Safeguarding Children's Board 52 Derby Street, Ormskirk Manager Lancashire L39 2DF Room B52, PO Box 61 County Hall Telephone: 01695 577177 Preston Email: [email protected] Lancashire PR1 8RJ
Weights & Measures: Lancashire County Council (Licensing Act 2003) Trading Standards 58-60 Guildhall Street Preston Lancashire PR1 3NU
The Licensing Act 2003, except for regulated entertainment, is the responsibility of the Home Office. Regulated entertainment licensing law is controlled by the Department for Culture, Media and Sport.
The Home Office The Department for Culture, Media and Sport 2 Marsham Street 2-4 Cockspur Street London SW1P 4DF London SW1Y 5DH
Telephone: 020 7035 4848 Telephone: 020 7211 6200 Email: [email protected] Email: [email protected] Internet: www.homeoffice.gov.uk Internet: www.culture.gov.uk
West Lancashire Borough Council – Statement of Licensing Policy 2011 60
- 669 - - 670 - Appendix 2: Revised Statement of Licensing Policy 2011: List of Consultees
West Lancashire Borough Robert Hodge Centre Council Stanley Way Licensing Service Skelmersdale Lancashire WN8 8EE
Tel: 01695 577177 Fax: 01695 585126 email: [email protected] Website: www.westlancs.gov.uk/licensing
Licensing Act 2003 Revised Statement of Licensing Policy 2011: List of Consultees
Hammonds Rutland House 148 Edmund Birmingham Street Equity Conavon Court 12 Blackfriars Salford Street CAMRA 230 Hatfield Road St Albans Herts
Somerfield Somerfield House Whitchurch Lane Bristol
Honeycomb Leisure PLC Marian House Beech Grove Ashton, Preston Scottish and Newcastle Lakeside House The Lakes Northampton Retail (S&N Retail) Mitchells and Butlers Retail 27 Fleet Street Birmingham Ltd Bargain Booze Ltd Unit 1 Weston Road Crewe
InnCourt Licensing 65 Mapplewell Crescent Great Sankey Warrington
The Kennedy Partnership 15 Railway Road Ormskirk Lancashire
Brighouse Wolff 28 Derby Street Ormskirk Lancashire
Licensing Consultancy 5 Pine Grove Ormskirk Lancashire Services
Cobbetts Solicitors Ship Canal House King Street Manchester
Poppleston Allen 37 Stoney Street The Lace Market Nottingham
Whitfields Solicitors PO Box 3 23/25 Elbow Lane Formby
Operational Inspector Ormskirk Police Station Ormskirk Lancashire Derby Street Inspector S Swift Skelmersdale Police Skelmersdale Lancashire Station
- 671 - Lancashire Ambulance 449-451 Garstang Road Preston Lancashire Service NHS Trust Clerk of the Licensing St Thomas's Square, St Chorley Lancashire Justices Thomas's Road Arriva North West Neverstitch Road Skelmersdale Lancashire
West Lancs CVS 49 Westgate Sandy Lane Skelmersdale Centre Ormskirk Magistrates Court Derby Street Ormskirk Lancashire
Edge Hill College St Helens Road Ormskirk Lancashire
West & Central Lancs 9/10 Olivers Way Eastway Preston Chamber of Commerce Government Office North Sunley Tower Piccadily Plaza Manchester West Ms R Cooper MP 127 Burscough Street Ormskirk Lancashire
Mr D Borrow MP Crescent House, Sandy Leyland Preston Lane Skelmersdale Partnership 1st Floor, Dresser House Gillibrands Road Skelmersdale
Chorley & West Lancashire 15-17 Halliwell Street Chorley Lancashire Youth Justice Team West Lancs Victim Support c/o Skelmersdale Police Southway Skelmersdale Station Arriva Trains North West Room 807, Rail House Lord Nelson Liverpool Street Lancashire Police Authority 6 Rutland Crescent Ormskirk Lancashire
West Lancs Women's 49 Westgate Sandy Lane Skelmersdale Refuge Centre Lancashire Primary Care Ormskirk Hospital Wigan Road Ormskirk Trust WL Area Committee of Town 61 Blackmoss Lane Aughton Lancashire & Parish Councils Crown Prosecution Service South West Lancashire 4th Floor, Lords Walk, CJU Unicentre Preston Wrightington, Wigan & Leigh Royal Albert Edward Wigan Lane Wigan NHS Trust Infirmary Cumbria & Lancashire Preston Business Centre Watling Street Fulwood, Health Authority Road Preston
NHS Direct Centre 449-451 Garstang Road Preston Lancashire
Clerk to Aughton Parish Council
Clerk to Bickerstaffe Parish Council
Clerk to Hilldale Parish Council
Clerk to Bispham Parish Council
- 672 - Clerk to Burscough Parish Council
Clerk to Dalton Parish Council
Clerk to Downholland Parish Council
Clerk to Great Altcar Parish Council
Clerk to Halsall Parish Council
Clerk to Hesketh with Becconsall Parish Council
Clerk to Lathom Parish Council
Clerk to Newburgh Parish Council
Clerk to North Meols/Tarleton Parish Council
Clerk to Parbold Parish Council
Clerk to Rufford Parish Council
Clerk to Scarisbrick Parish Council
Clerk to Simonswood Parish Council
Clerk to Upholland Parish Council
Clerk to Wrightington Parish Council
West Lancashire Dial-a-Ride Operations Centre, 4 Burscough Burscough Association Langley Place Industrial Estate West Lancs Volunteer 2 Church House Park Road Ormskirk Bureau West Lancs Disability 49 Westgate Sandy Lane Skelmersdale Helpline Centre South & West Lancashire 49 Westgate Sandy Lane Skelmersdale Foodbank Centre LCC Welfare Rights Skelmersdale Library Southway Skelmersdale
Community Futures 15 Victoria Road Fulwood Preston
Victim Support Lancashire Registered 1 Chapel Street Preston Office South Lancs Arts C/o Leisure Services WLDC Partnership Division The Princes Trust (c/o Leyland House, Centurion Farrington Leyland Business Link) Way National Probation service High Street Skelmersdale Lancashire
Jobcentre Plus Ground Floor, Whelmar Southway Skelmersdale House Connexions, Career Link 5th Floor, Whelmar House Southway Skelmersdale
- 673 - West Lancs Civic Trust Brookdale Cottage Croppers Lane Bickerstaffe
Conservation Area Advisory Yew Tree Farm Elmers Green Skelmersdale Panel lane Countryside Agency 7th floor, Bridgewater Whitworth Street Manchester House Agenda 21 Transport & 2 Moss Side Cottages Sineacre Lane Bickerstaffe Access Group Birch Green Estate 83 Firbeck Birch Green Skelmersdale Management Board Clay Brow & Holland Moor 44b Carfield Clay Brow Skelmersdale EMB Digmoor EMB 185 Banksbarn Digmoor Skelmersdale
Tanhouse EMB 103 Elmridge Tanhouse Skelmersdale
Ashurst 1 Residents 66 Lindens Ashurst Skelmersdale Association Tanhouse 4 & 5 Residents 2 Evenwood Tanhouse Skelmersdale Association New Church Farm Residents 80 Windrows New Church Skelmersdale Group Farm Scotts Estate Residents 3 Scott Drive Ormskirk Lancashire Association Old Skelmersdale Residents 15 Marchbank Road Skelmersdale Lancashire Association Birch Green 4 & 8, 10 & 11 9 Ivybridge Birch Green Skelmersdale Residents Association Southport & Ormskirk Town Lane Southport Merseyside Hospital NHS Trust C Cllr FJ Williams 14 Lea Crescent Ormskirk Lancashire
C Cllr W Tricket 16 Ludlow Drive Ormskirk Lancashire
C Cllr CW Cheetham 30 Lowcroft Ashurst Skelmersdale
C Cllr RH Shepherd The Coach House 81 Ruff Lane Ormskirk
West Lancashire PCT Ormskirk District General Wigan Road Ormskirk Hospital Greater Manchester, West Arpley House 110 Birchwood Warrington Lancs & Cumbria English Boulevard Partnerships Plus Housing Group Baltimore Buildings 13-15 Rodney Liverpool Street Arena Housing Association Nautilus House, 14 Riverside Drive Liverpool Columbus Quay Merseyside Black & Ethnic Colonial Chambers 3-11 Temple Liverpool Regional Office Street North Mersey Riverside 133a Boundary Road St Helens Merseyside Housing Association West Lancs LSP The Hollies St Helens Road Ormskirk
- 674 - North & West Lancs 9/10 Eastway Business Olivers Way Preston Chamber of Commerce Village Business Link N & W Lancs Leyland House, Lancs Ent Centurion Way Leyland Business Park Concourse Shopping Centre Southway Skelmersdale Lancashire
Ormskirk Community The Bungalow 93 Burscough Ormskirk Council Street Community Fund (NW Dallam Court Dallan Lane Warrington Regional Office) Training West Lancashire Lulworth Ashurst Skelmersdale Ltd The Environment Directorate PO Box 9, Guild Hall Cross Street Preston House Federation of Local Licensed 126 Bradford Road Brighouse West Victuallers Association Yorkshire Association fo Convenience 17 Farnborough Street Farnborough Hampshire Stores Thresher Group Bessemer Road Welwyn Garden Herts City Wine Cellar PO Box 476, Loushers Warrington Cheshire Lane Federation of Small 347a Garstang Road, Preston Lancashire Businesses Fulwood National Association of 14 Birmingham Road Walsall West Licensed House Managers Midlands Asda Southbank, Great Wilson Leeds Street All the Fives 36 Westgate Skelmersdale Lancashire
Ambasssador Travel 14 Church Road Skelmersdale Lancashire
Mere Brow Taxis 17 Marshes Lane, Mere Tarleton Lancashire Brow Newtown Radio Cars 1 Liverpool Road Skelmersdale Lancashire
Ormskirk Taxis 12 Station Approach Ormskirk Lancashire
Q Cars 5 Mickering Lane, Ormskirk Lancashire Aughton R Hurst Airport T/F 7 Peter's Avenue, Ormskirk Lancashire Burscough
Rapid Travel 92 Elswick, Tanhouse Skelmersdale Lancashire
Skelmersdale Express 1 Greenhey Place, Skelmersdale Lancashire Gillibrands Tarleton Taxis 13 Church Road, Tarleton Preston Lancashire
Village Taxis 45 Fermor Road, Tarleton Preston Lancashire
West Lancs. Taxis Unit 8, 42 Westgate Skelmersdale Lancashire
- 675 - Social Services County Hall, Fishergate Preston Lancasire
Spirit Group Ltd 107 Station Street Burton on Trent Staffordshire
Dickinson Parker Hall 22 Derby Street Ormskirk Lancashire Solicitors Turbervilles with Nelson Cuff 122 High Street Uxbridge Middlesex Solicitors Cartwrights Licensing Team Bristol Bridge House Redcliffe Street Bristol
JST Mackintosh Colonial Chambers, Liverpool Merseyside Temple Street Roscoes Solicitors St Andrew's House, Blackburn Lancashire Wellington Street A Halsall & Co Solicitors 47/48 Hamilton Square, Birkenhead, Wirral CAMRA 26 Knowle Avenue, Southport Lancashire Ainsdale Mr L Le Clercq British Beer & Pub Darrington West Association, Rowan Yorkshire House, Fairways Court, WF8 3DH Napthens Solicitors 7 Winkley Square Preston Lacnashire
- 676 - Appendix 3: Consultation response analysis West Lancashire Borough Council Licensing Act 2003 - revised Statement of Licensing Policy 2011
Consultation representation analysis : consultation period 01/08/10 - 31/10/10
Reference no. Respondent Para Comments Appraisal Council response
01/070910 D Tilleray EMCS - WLBC 24.2 Amend to read "10 clear working days". Justified. Clarifies the requirements of the Para 24.2 amended. TEN regime. 02/160910 J Neale - Natural England, N/A No comments N/A N/A Electra Way, Crewe, Cheshire CW1 6GJ 03/220910 J Brown - Association of 13.15 new mandatory condition requiring age check policies. Policy already contains this information. No change. Convenience Stores, Federation House, 17
- 677 - Farnborough Street Farnborough, Hampshire GU14 8AG 17.7 suitable proof of age schemes need to be supported and give Policy already supports challenge 21 & Section amended to give increased flexibility to choose which is the most suitable. LCC age check & gives operators emphasis on underage / proxy sales. flexibility to choose. 17.7 test purchasing needs to be conducted with Govt guidelines Policy already supports this proposal. No change. and used to support the retailer. 17.7 need to support various methods as proof of age i.e. PASS Policy already contains these No change - but section will be card, driving licence, passport. requirements. reorganised to give emphasis on underage / proxy sales. 04/211010 David Mutch, Moss View N/A I would like to see restrictions introduced to stop people Unjustified. Current crime data does not No change. Ormskirk drinking alcohol on the streets. In Liverpool on street drink is currently support a DPPO, however 14.8 banned why not in Ormskirk?. We have enough bars and late reserves the right of the council to night licensed premises in Ormskirk so please lets say NO to implement a DPPO if needed. Data is anymore. closely monitored via the MALT. 05/211010 Maggi Morris, Director of 3.1 of the draft Licensing Policy identifies the current 4 current Justified. Inclusion of 'health' as a 5th No change. Public Health, NHS Central licensing objectives. Whilst licensing objective has been the subject Lancashire, Jubilee House, acknowledging the constraints of the Licensing Act 2003, we of govt consultation on a change in the Centurion Way, Leyland PR26 would seek the inclusion of ‘protection of LA03. However, no results have been 6TR public health’ as a fifth licensing objective. This is in line with released and will only change with guidance from NICE (2011) and reflects primary legislation. our recent response to the national consultation on licensing legislation. Alcohol related harm is a major public health issue in West Lancashire. West Lancashire has the highest rate of alcohol specific hospital admissions in individuals under the age of 18 years old in Lancashire (NHS Central Lancashire 2009). Controlling provision and access to alcohol is a central component to reducing harms such as these.
4.8 of the draft Licensing Policy identifies that the Authority is Justified. See comments at 3.1 above. No change. seeking to ‘help to improve
- 678 - the health and well being of the Borough’s residents’. We welcome the inclusion of this within the Policy and the acknowledgement of the role of the Authority in contributing to the public health agenda. For this to be delivered we consider the inclusion of ‘protection of public health’ as a licensing objective and the inclusion of ‘public health and its host organisation’ as a responsible authority in the licensing policy essential. This supports recommendations made by NICE (2010).
6.6 identifies that ‘the Authority will use the Multi-Agency Justified. Whilst the issue of public health Para 6.6 amended. Licensing Team (MALT) to is not a requirement of the Act, the ensure that appropriate liaison arrangements are in place to Authority must acknowledge the potential ensure proper integration of local crime health implications arising from the prevention, planning, local transport, tourism, economic and operations it licences. The MALT will cultural strategies’. We welcome the consider health implications as part of its acknowledgement within the draft Licensing Policy that for work, but this does not convey any Licensing to be effective it cannot be additional requirement on any applicant delivered in isolation. We would seek the addition of ‘health and/or licensee that is not contained in strategies’ to the list of strategies the Act. identified. 6.7 identifies a list of regular reports that will be submitted and Unjustified. Such reports would influence No change. taken into account when licensing decisions in relation to health licensing decisions are being made. We would seek the harm - which is currently outside the remit inclusion of ‘local health profiles’ to this list of of the Act. reports. This would include rates of drinking behaviours across the borough and associated health harms. Licensing is a key component to reducing these harms and it is essential that decision makers in the licensing process are aware of them.
8.11 states that ‘interested parties’ are able to make Unjustified. The requirements to publicise No change. representation against any application licence applications are set by statute (i.e. during the consultation period for that application in line with notice on the premises and advertisement the Licensing Objectives. Further in local newspaper). However the Council consideration needs to given to how licence applications are does also keep brief details of all publicised to ‘Interested Parties’ in order applications in the licensing register for them to make representation. For an ‘Interested Party’ to maintained on the Council's website. make a representation they need to be aware that an application has been made and also be made - 679 - aware of the licensing objectives. Further work needs to be done with the public to promote this involvement in the licensing process.
9.1 states that ‘Interested Parties’ are also able to request the Unjustified. See comments at 8.11 above. No change. Authority to Review the Furthermore, the policy is subject to a 3 Premises Licence/Club Premises Certificate where problems year review including public consultation - associated with any of the Licensing allowing the public to influence the objectives occur. For this to happen in practice, further work content of the policy. needs to be done with communities in West Lancashire to promote the role of ‘Interested Parties’ in the licensing process. For consultation to be meaningful Interested Parties also need the opportunity be involved throughout the entire licensing process. Consultation alone with Interested Parties will not address a situation. Interested Parties need the opportunity to be involved in developing appropriate solutions to objections in the form of licensing conditions. 11.7 identifies the role of MALT as being broader that Justified. ACE awards do cover on and No change. enforcement activity, and includes off licensed premises and also focus on preventative activity such as the Alcohol Certificate of the risks of underage sales. Excellence Awards (ACE). We welcome this approach but seek assurances that this covers both on and off licence premises and also incorporates a component relating to the responsible pricing and marketing of alcohol. NICE (2010) identify that there is clear evidence that alcohol advertising affects children and young people. It identifies that exposure to alcohol advertising is associated with the onset of drinking in young people and increased consumption among those who already drink. This therefore links closely to the licensing objective ‘the protection of children from harm’ and should be included in the ACE scheme. - 680 - 13.12 identifies actions that can be taken through the licensing Justified. See comments on ACE awards New para 13.13 added. process to reduce at 11.7 above (also includes irresponsible irresponsible drinks promotions. We welcome this. NICE promotions). Furthermore, whilst this (2010) identify that making alcohol less affordable is the section relates to mandatory conditions, most effective way of reducing alcohol related harm. which therefore cannot be extended to off However, paragraph 13.12 is sales, emphasis is required to highlight weighted heavily towards controlling irresponsible drinks irresponsible drinks promotions in off promotions in ‘on licensed premises’. We sales. have increasing concerns about the impacts of cheap drinks promotions in ‘off licence premises’, particularly supermarkets, and links to increasing levels of home drinking and associated harms. Evidence shows that the split in off- and on-trade sales has shifted massively. Home drinking has increased by 18% in England over the period 1997 to 2007 (Department of Health 2009) and whilst this is attributable to both demand and supply side influences in isolation, the most significant driver has been growing affordability and a widening gap between - 681 - off-trade and on-trade prices. Alcohol today is 75% more affordable than it was in 1980 (HMRC 2009). We therefore seek assurance that the ACE scheme covers both on and off licence premises, and specific a reference to reducing irresponsible promotions in of licensing objectives ‘the prevention of crime and disorder’ and There are no controls regarding how, by whom or in what qua environment when is it is bought cheaply in bulk from superma domestic violence and child protection.
17.7 refers to the protection of children from harm and the need Justified. See comments made at Section amended to give increased for licensing premises 03/220910 above. emphasis on underage / proxy sales. operating schedules to evidence satisfactory arrangements to prevent sales of alcohol to children. We know that the majority of alcohol consumed by children is bought for them by friends and family. This therefore needs to be broadened to require evidence that ‘satisfactory arrangements are in place to prevent the proxy sales of alcohol for young people’. app 3 references local crime and disorder statistics. We would Unjustified. The Policy document is used No change. seek the inclusion of an by Members when making licensing additional appendix to include an alcohol related health decisions, health implications are profile of West Lancashire. We are happy to currently outside of the remit of the Act support the drafting of this Appendix. and should not influence decisions made under the Act.
06/231010 Stuart Ibbs, St Helens Rd 14.5 / I can find no references to Designated Public Place Orders Unjustified. Current crime data does not No change. Ormskirk 14.8 under section13 of the Criminal Justice and Police Act 2001. currently support a DPPO, however 14.8 What powers can be used to stop drinking? The DPPO reserves the right of the council to doesn't make it an offence to consume alcohol within a implement a DPPO if needed. Data is designated area. I think these paras need to be revisited and closely monitored via the MALT. expanded. 21.4 The references to saturation are much too vague. The draft Justified. Whilst current evidence does Sections 20 & 21 merged and amended policy states (21.4) that not required but by what measure is not support cumulative impact controls, to give increased emphasis on cumulative this being reached? Some would say saturation has already this section will be rewritten to provide impact controls been reached in Ormskirk so it must be wrong to pre greater clarity on the approach the determine the matter with 21.4 The policy document needs authority will take if evidence supports
- 682 - to be much more precise in this matter this approach.
07/221010 Ron Rowles, Ruff Lane, 16 & A particular feature of Ormskirk is that our compact town, Noted. No change. Ormskirk 19 where most of the licensed premises are concentrated, is closely surrounded by relatively dense housing arranged in narrow streets. Inevitably many of the customers leaving licensed premises pass through these areas, especially local students who are part of the local community. The noise pollution is considerable very late at night when the ambient noise levels are low and many locals have retired for the night. This is acknowledged by para 16.1 and I would request that you pay particular attention to the point. The longer the licensing hours the greater and the later is the disturbance from those who are last to leave the premises.
08/271010 Mike Tasker, Commercial 6.22 Business link hyperlink is incorrect Justified. Hyperlink is incorrect Amended. Safety Manager WLBC 8.7 “Any such condition(s) will necessary” (is there a word Justified. Incorrect syntax. Amended. missing after will eg. be)? 8.12 / Line Space required to indicate new para between conditions Unjustified. No change required. No change. 8.13 8.12 and 8.13 14.3 Incorrect reference to Crime and Disorder Act Justified. Incorrect reference. Amended. 09/301010 Mrs Susan Raju, Alder Lane, 3.7 Above is accepted but what happens in those premises can Noted. Resources are allocated on the No change. Parbold / Mrs Ros Wess, and does directly/indirectly impact on the local community. RAG report and prioritised at the MALT. Burnside, Parbold For example it is against the law to serve people alcohol when intoxicated. This can contribute to anti-social behaviour either inside or outside the premises. In our opinion and experience there is not enough control by the authorities in this area, i.e. checking, and when necessary cautioning/prosecuting staff who for whatever reason break the law by serving customers who are drunk!
4.2 We agree but the authorities should take into consideration Noted. This Para is a simple description No change. the impact of late night, entertainment/music events on all of of the Borough. The controls that focus the local community and not just where there is a denser on these concerns lie elsewhere in the residential population. It should be taken into account that Policy. when customers leave licensed premises some via cars others walking through the area that local residents are also entitled to not be disturbed by unreasonable nuisance caused by licensed premises. - 683 -
3.6 / When the above type of events and in particular late Noted. These Paras are broad No change. 6.2 night/early morning events take place conditions should be statements of legal obligation. The imposed on the licensee with regards to trying to prevent anti- controls that focus on these concerns lie social behaviour. For example sufficient staff should be elsewhere in the Policy. employed to carry out this task with stiff penalties for licensees who ignore their responsibilities.
N/A We have been through the document and whilst there Noted. Resources are allocated on the No change. appears to be procedures that can be followed to protect the RAG report and prioritised at the MALT. public from anti social behaviour etc, it means nothing unless there are officers and other public officials available to do spot checks and enforcement. Businesses of course have a right to exist and earn a living and they can also be a valuable asset to their community but the quality of life for the residents of the area should not be forgotten. Surrounding many of these premises there will be residents who are retired, on shift work and unfortunately people who are not in the best of health and should not be expected to feel as if they are banging their heads against a brick wall if problems arise. 10/27/1010 Mr & Mrs Bamber, Appley N/A Bulk of the response relates to specific concerns regarding a Noted. This is embodied in the Policy. No change. Lane North, Appley Bridge nearby licensed premises - not policy matters. But states However, conditions will differ depending they consider it vital that licensees should be required to upon whether they were offered by the ensure their patrons respect neighbouring properties. applicant, mediated or issued by the Council. - 684 -