(Public Pack)Agenda Document for Council, 15/12/2020 18:30

Public Document Pack HINCKLEY & BOSWORTH BOROUGH COUNCIL

AGENDA FOR THE MEETING OF THE COUNCIL

TO BE HELD ON

TUESDAY, 15 DECEMBER 2020

at 6.30 pm

Hinckley Hub • Rugby Road • Hinckley • Leicestershire • LE10 0FR Telephone 01455 238141 • MDX No 716429 • Fax 01455 251172 • www.hinckley-bosworth.gov.uk

Bill Cullen MBA (ISM), BA(Hons) MRTPI Chief Executive

Date: 07 December 2020

Dear Sir/Madam

I hereby summon you to attend a meeting of the Hinckley & Bosworth Borough Council which will take place via Zoom on TUESDAY, 15 DECEMBER 2020 at 6.30 pm

Yours faithfully

Miss RK Owen Democratic Services Manager

A G E N D A

1. Apologies 2. Minutes of the previous meeting (Pages 1 - 6) To confirm the minutes of the meeting held on 27 October. 3. Additional urgent business by reason of special circumstances To be advised of any additional items of business which the Mayor decides by reason of special circumstances shall be taken as matters of urgency at this meeting. Items will be considered at the end of the agenda. 4. Declarations of interest To receive verbally from Members any disclosures which they are required to make in accordance with the Council's code of conduct or in pursuance of Section 106 of the Local Government Finance Act 1992. This is in addition to the need for such disclosure to be also given when the relevant matter is reached on the Agenda. 5. Mayor's Communications To receive such communications as the Mayor may decide to lay before the Council. 6. Questions To deal with questions under Council Procedure Rule number 14. 7. Petitions To deal with petitions submitted in accordance with Council Procedure Rule 15.

Hinckley Hub • Rugby Road • Hinckley • Leicestershire • LE10 0FR Telephone 01455 238141 • MDX No 716429 • Fax 01455 251172 • www.hinckley-bosworth.gov.uk

8. Leader of the Council's Position Statement To receive the Leader of the Council's Position Statement. 9. Minutes of the Scrutiny Commission (Pages 7 - 10) To receive for information only the minutes of the Scrutiny Commission meeting held on 26 November. 10. Statement of Licensing Policy (Pages 11 - 54) To consider the Statement of Licensing Policy. 11. Refresh of Rural Strategy (Pages 55 - 76) To receive the refreshed Rural Strategy. 12. Review of Council's Constitution (Pages 77 - 90) To undertake the annual review of the council’s constitution. 13. Petition Scheme (Pages 91 - 98) To consider a revised Petition Scheme. 14. Appointments to charitable bodies To make appointments to the following charitable bodies following expiry of the term of office of the current representative(s):

(a) Alderman Newton’s Educational Foundation, Barwell (one representative for a three year term)

(b) The Dixie Educational Foundation (four representatives for a three year term). 15. Motions received in accordance with Council Procedure Rule 17 (a) Motion from Councillor Bray, seconded by Councillor Nichols “This Council notes the Government’s decision to place Hinckley and Bosworth, along with the rest of Leicestershire in Tier 3. The Council also notes that Hinckley and Bosworth has the lowest Covid rate per 100,000 in the County, significantly lower than Leicester and a number of other places.

This Council further notes that case rates in Hinckley and Bosworth are falling.

The Council expresses its thanks and congratulations to the residents in the borough for their efforts and sacrifices which have helped to bring our numbers down.

This council believes the Tier 3 restrictions will a devastating blow on businesses in the Borough, particularly our hospitality and leisure sector, many of whom have invested significantly in measures to keep their customers safe.

The Council instructs the Chief Executive to write to the Government to:

1. Express the Council’s concerns for businesses in the Borough and request that further resources be given to the Council to help support these businesses.

2. Ask the Government to reconsider the decision to lump together the whole county when deciding on which tiers put each local authority in.

3. Urge the Government to look again at Hinckley and Bosworth’s progress in the first promised review on December 16th with a view to moving the Borough down the tier system before Christmas.” (b) Motion from Councillor Ladkin, seconded by Councillor Morrell “This Council welcomes Boris Johnson’s 18 November 2020 speech on Climate Change and the Green Industrial Revolution and asks our own Climate Change Working Group to consider these proposals and report back to Council”. (c) Motion from Councillor Roberts, seconded by Councillor Smith “This Council welcomes the announcement on 2 December that the Member of Parliament for Bosworth, Dr Luke Evans MP, has been confirmed as the joint winner of ‘The Patchwork Foundation Overall Newcomer MP of the Year Award’. Dr Evans has been recognised for his work on improving schooling, including being instrumental in helping Hinckley Academy obtain funding. The award also recognises his work supporting the windrush generation which has helped a number of residents in Hinckley & Bosworth.

Council requests the Chief Executive and the Leader of the Council write to our MP to congratulate him on receiving this award”. (d) Motion from Councillor Bill, seconded by Councillor Walker “The Leicester and Leicestershire Local Enterprise Partnership (LLLEP), of which this Council is a member, has a Strategic Economic Plan (SEP) which covers the period 2014 to 2020 and is therefore now due for renewal.

A key element of the plan is the designation of a wide section of the County as the “South West Leicestershire Growth Area” an area which encompasses the so called Golden Triangle formed by the M69, M1 and A5 and which spreads well into the Hinckley & Bosworth area. The significance of this designation is outlined on page 47 of the plan, which states:

“The South-West Leicestershire Growth Area offers a unique combination of key commercial and employment hubs. These provide the opportunity to harness major employment and housing opportunities for Leicester and Leicestershire. The M1 corridor (including the M69/M1 junction 21 location) and A5 corridor are crucial economic areas in their own right, with established and expanding services, distribution, retail and leisure roles providing thousands of jobs for the sub-region”

The emergence of the proposal for a rail freight terminal adjacent to Burbage Common demonstrates how the SEP could be taken as a justification for this unwelcome over-development over important countryside.

Countryside and green spaces are vitally important for localities and are highly valued environmental, community and economic assets.

The Council will, through its membership of the LEP, strive to ensure that the LEP’s future plans and strategies recognise the benefits of the provision of countryside and green space and ensure that protecting the natural environment and the interests of the people who live here is given at least as much weight as the ambitions of the ever increasing logistics industry.”

Hinckley Hub • Rugby Road • Hinckley • Leicestershire • LE10 0FR Telephone 01455 238141 • MDX No 716429 • Fax 01455 251172 • www.hinckley-bosworth.gov.uk

This page is intentionally left blank Agenda Item 2

HINCKLEY AND BOSWORTH BOROUGH COUNCIL

27 OCTOBER 2020 AT 6.30 PM

PRESENT: CLLR L HODGKINS - MAYOR CLLR E HOLLICK – DEPUTY MAYOR

Cllr CM Allen, Cllr RG Allen, Cllr DC Bill MBE, Cllr SL Bray, Cllr MB Cartwright, Cllr JMT Collett, Cllr MA Cook, Cllr DS Cope, Cllr MJ Crooks, Cllr WJ Crooks, Cllr DJ Findlay, Cllr REH Flemming, Cllr A Furlong, Cllr SM Gibbens, Cllr DT Glenville, Cllr C Ladkin, Cllr MR Lay, Cllr KWP Lynch, Cllr K Morrell, Cllr LJ Mullaney, Cllr MT Mullaney, Cllr K Nichols, Cllr LJP O'Shea, Cllr A Pendlebury, Cllr RB Roberts, Cllr MC Sheppard-Bools, Cllr H Smith, Cllr BR Walker, Cllr R Webber-Jones, Cllr HG Williams and Cllr P Williams

Officers in attendance: Bill Cullen, Simon D Jones, Julie Kenny, Rebecca Owen, Sharon Stacey and Ashley Wilson

Mr Thompson, consultant, was also in attendance for item 14 (minute 544 refers).

533 APOLOGIES

Apologies for absence were submitted on behalf of Councillor Boothby. It was noted that Councillor Lynch may be late due to technical problems and that Councillor Lay would need to leave the meeting early.

534 MINUTES OF THE PREVIOUS MEETING

In presenting the minutes of the previous meeting, it was noted that there was a typographical error in that minute 464 resolution (ii) has the number 3 omitted before the comma of the second figure and should read “£3,769,668”. It was moved by Councillor Bray, seconded by Councillor Bill and

RESOLVED – the minutes of the meeting held on 15 September be approved with the abovementioned amendment.

535 DECLARATIONS OF INTEREST

Councillor Pendlebury declared a pecuniary interest in item 12b as a registered nurse working in the NHS.

Councillor R Allen declared a personal interest in item 12a as an employee of the Member of Parliament.

536 MAYOR'S COMMUNICATIONS

The Mayor expressed her sadness at the recent death of former councillor and Mayor, Denis Bown. Other councillors spoke about Mr Bown and a moment of silent reflection was held.

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537 LEADER OF THE COUNCIL'S POSITION STATEMENT

In presenting his statement, the Leader referred to the temporary closure of Cineworld, the A5 Parternship, climate change, Remembrance Day, local government reorganisation, the financial settlement and he sent best wishes to the streetscene operative who was recently injured in a traffic incident.

538 MINUTES OF THE SCRUTINY COMMISSION

The minutes of the Scrutiny Commission meeting held on 8 October 2020 were received for information.

539 COUNTYWIDE HOARDING PROJECT

Members were advised of a countywide hoarding project led by the borough council on behalf of the seven district councils and funded through the Disabled Facilities Grant element of the Better Care Fund. It was moved by Councillor Mullaney, seconded by Councillor Bray and

RESOLVED –

(i) Participation in and hosting of the pilot project be endorsed;

(ii) A supplementary income and expenditure budget for the value of the external funding of £315,000 be approved;

(iii) A one-off reduction in the Disabled Facilities Grant budget of £45,000 be approved.

540 UPGRADE OF HOUSING MOBILE SOLUTION SOFTWARE

A report seeking approval for a new mobile solution software for housing repairs was presented to Council. It was noted that this would provide an improved service for customers as well as moving away from a paper-based system. It was moved by Councillor Mullaney, seconded by Councillor Bray and

RESOLVED –

(i) The purchase of AccuServ to replace the current software be approved;

(ii) A supplementary capital budget of £71,850 and an annual revenue budget of £10,015 be established.

Councillor Lay left the meeting at 7.13pm.

541 MOTION FROM COUNCILLOR BRAY, SECONDED BY COUNCILLOR BILL

Councillor Bray, seconded by Councillor Bill, proposed the following motion:

“This Council notes:

1. The Residential Land Availability Monitoring Statement circulated to all members on which clearly states that the Council can demonstrate a 5-year land supply.

2. That the Council currently has an adopted Local Plan which goes up until the period of 2026.

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Council further notes that:

1. The Member of Parliament for Bosworth erroneously stated in the House of Commons on the 8th of October that Hinckley and Bosworth Borough Council does not have either a Local Plan or a 5-year housing supply which he subsequently repeated in the local press.

2. The MP for Bosworth made a clumsy attempt to partially correct his statement in the House but failed to fully correct his inaccuracies before being further rebuked by the Speaker.

Therefore the Council resolves to:

1. Deplore the MP for Bosworth for deliberately misleading the House of Commons, local residents and the press with his false statements.

2. Write to him to better inform him of the true position.

The Council further resolves to call upon both the MPs representing the Hinckley and Bosworth area to oppose:

1. The Conservative Government’s proposals which will almost double the amount of housing development in the Borough from 452 per year to 889 per year, with the inevitable consequences this will have on already over-stretched services and loss of green space.

2. The Conservative Government's proposals to overhaul the planning system which lead to a reduced role in local decision making, reduce the opportunity for public participation and make it easier for developers to ride roughshod over local people in their desire to concrete over our Borough.”

Having stated that the Conservative group would take no part in the debate or vote on this item, Councillors C Allen, Collett, Cook, O’Shea, Roberts and H Williams switched off their camera or moved away from their seat at 7.12pm and were therefore deemed to have left the meeting. Councillor Ladkin moved away from his seat at 7.13pm. Councillor R Allen switched off his camera at 7.17pm and back on at 7.30pm.

Councillor Bray, supported by at least four further councillors, requested that voting be recorded. The vote was taken as follows:

Councillors Bill, Bray, Cartwright, Cope, J Crooks, W Crooks, Findlay, Flemming, Furlong, Gibbens, Glenville, Hodgkins, Hollick, Lynch, L Mullaney, M Mullaney, Nichols, Pendlebury, Sheppard-Bools, Walker, Webber-Jones and P Williams voted FOR the motion (22);

Councillors C Allen, R Allen, Collett, Cook, Ladkin, Morrell, O’Shea, Roberts, Smith and H Williams abstained from voting.

The motion was therefore declared CARRIED and it was

RESOLVED –

(i) The MP for Bosworth be deplored for deliberately misleading the House of Commons, local residents and the press with his false statements;

Page-188 - 3

(ii) HBBC writes to the MP to better inform him of the true position;

(iii) Both MPs representing the Hinckley & Bosworth area be called upon to oppose:

a. The Conservative Government’s proposals which will almost double the amount of housing development in the Borough from 452 per year to 889 per year, with the inevitable consequences this will have on already over- stretched services and loss of green space;

b. The Conservative Government's proposals to overhaul the planning system which lead to a reduced role in local decision making, reduce the opportunity for public participation and make it easier for developers to ride roughshod over local people in their desire to concrete over our Borough.

Councillors Collett and O’Shea returned to the meeting at 7.42pm.

542 MOTION FROM COUNCILLOR MULLANEY, SECONDED BY COUNCILLOR WEBBER- JONES

Having declared a pecuniary interest in this item, Councillor Pendlebury left the meeting at 7.43pm.

Having stated that members of the Conservative group would take no part in discussion or voting on this item, Councillors C Allen, Cook, Ladkin, O’Shea, Roberts and H Williams remained absent from the meeting either by turning off their camera or leaving their seat.

Councillor M Mullaney, seconded by Councillor Webber-Jones, proposed the following motion:

“Council recognises the tremendous work carried out by nurses, carers and other health workers here in Hinckley and Bosworth and across Britain during the coronavirus crises.

Council is appalled at the fact that hard working nurses who did so much during the coronavirus crisis will be denied a pay rise until April 2021 - while MPs will receive significant pay rises.

Council requests the Chief Executive writes to the Prime Minister to urge the government to reconsider its decision not to raise NHS nurses pay. Nurses here in Leicestershire and across Britain deserve more than applause thy deserve proper payment for the essential work they do.”

At this juncture, Councillor Flemming declared a personal interest in the item as he was previously a registered nurse and was a member of the Royal College of Nursing, which had been mentioned during discussion. He said he would abstain from voting on the item.

Councillor O’Shea returned to his seat at 7.58pm.

Councillor Webber-Jones, supported by at least four further members, requested that voting on the motion be recorded. The vote was taken as follows:

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Councillors Bill, Bray, Cartwright, Cope, J Crooks, W Crooks, Findlay, Furlong, Gibbens, Glenville, Hodgkins, Hollick, Lynch, L Mullaney, M Mullaney, Nichols, Sheppard-Bools, Walker, Webber-Jones and P Williams voted FOR the motion (20);

Councillors C Allen, R Allen, Collett, Cook, Flemming, Ladkin, Morrell, O’Shea, Roberts, Smith and H Williams abstained from voting.

The motion was therefore declared CARRIED and it was

RESOLVED – the Chief Executive writes to the Prime Minister to urge the government to reconsider its decision not to raise NHS nurses pay.

Councillors Cook, Ladkin, Pendlebury, Roberts and H Williams returned to the meeting at 8pm.

543 MATTERS FROM WHICH THE PUBLIC MAY BE EXCLUDED

On the motion of Councillor Bray seconded by Councillor Bill, it was

RESOLVED – in accordance with section 100A(4) of the Local Government Act 1972, the public be excluded from the following item of business on the grounds that it involves the disclosure of exempt information as defined in paragraphs 3 and 10 of Part I of Schedule 12A of that Act.

544 HINCKLEY LEISURE CENTRE

A report on the impact of Covid-19 on the leisure centre operations was presented to Council. It was noted that the report had been considered by the Scrutiny Commission who had requested an update in three months. It was noted that some questions asked would be answered outside of the meeting. In response to a question from a member, it was explained that the report was being taken in private session due not only to commercial sensitivity but also so as not to prejudice ongoing negotiations.

It was moved by Councillor Nichols, seconded by Councillor Bray and

RESOLVED – the recommendations contained in the report be approved.

(The Meeting closed at 8.32 pm)

MAYOR

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HINCKLEY AND BOSWORTH BOROUGH COUNCIL

SCRUTINY COMMISSION

26 NOVEMBER 2020 AT 6.30 PM

PRESENT: Cllr MR Lay - Chairman Cllr C Ladkin and Cllr P Williams – Vice-Chairmen

Cllr JMT Collett, Cllr DS Cope, Cllr MJ Crooks, Cllr SM Gibbens, Cllr A Pendlebury, Cllr MC Sheppard-Bools, Cllr R Webber-Jones and Cllr HG Williams

Also in attendance: Councillor MB Cartwright, Councillor KWP Lynch and Councillor K Morrell

Officers in attendance: Matthew Bowers, Bill Cullen, Edwina Grant, Rebecca Owen, Paul Scragg and Sharon Stacey

565 MINUTES

It was moved by Councillor H Williams, seconded by Councillor Webber-Jones and

RESOLVED – the minutes of the meeting held on 8 October be confirmed as a correct record.

566 ADDITIONAL URGENT BUSINESS BY REASON OF SPECIAL CIRCUMSTANCES

The chairman asked the Chief Executive to provide an update at the end of the meeting following the announcement in relation to Covid-19 that Hinckley & Bosworth would be in tier 3 from 2 December.

567 DECLARATIONS OF INTEREST

Councillor Lynch, whilst not a member of the Scrutiny Commission but in attendance as Executive member, declared that he was president of the Leicestershire & Rutland Youth Sailing Association which was a beneficiary of grant funding (item 6 refers).

Councillor Ladkin entered the meeting at 6.39pm.

568 VOLUNTARY & COMMUNITY SECTOR COMMISSIONING

Members were updated on the outcomes arising from the 2018/19 round of voluntary & community sector commissioning. During discussion, reference was made to:

 The fantastic work undertaken within the borough by the voluntary and community sector  The increasing importance in the role of the sector in the current times and into the future due to pressures created by the coronavirus pandemic  The ongoing relationship of the council in working with and supporting key voluntary organisations to enable access to emergency food  The value of the work in relation to the funding provided and the need to retain this, particularly given the need to support residents in the current time and through future pressures  The number of voluntary organisations and local volunteer groups that have been able to continue or adapt their support without requiring additional funding

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 The need to look at how voluntary organisations have fared and whether they have been able to secure external funding during the difficult times in 2020.

RESOLVED –

(i) The hard work of the voluntary & community sector in the borough be welcomed;

(ii) A message of thanks be passed to the groups within the sector;

(iii) The importance of retention of support for the voluntary & community sector be emphasised to the Executive

(iv) The Executive be RECOMMENDED to consider increasing investment in the voluntary and community sector.

569 REFRESH OF THE RURAL STRATEGY

The Scrutiny Commission received the refreshed Rural Strategy for the borough. During discussion and in response to questions, the following points were raised:

 The need to demonstrate within the report how the issues raised would be taken forward. It was noted that not all actions were for the borough council to address, but would be looked at in partnership with the relevant body or would be facilitated  Dialogue would continue with parishes  Priorities would continue to be assessed and themes would be identified.

Councillor H Williams left the meeting at 7.16pm.

RESOLVED – the report be endorsed and RECOMMENDED to Council.

570 REVIEW OF PARISH & COMMUNITY INITIATIVE FUND AND HINCKLEY COMMUNITY INITIATIVE FUND GRANTS

Consideration was given to a report which reviewed the current parish & community initiative and Hinckley community initiative funds, updated on progress of the current year’s scheme and proposed improvements to the scheme.

It was noted that the two schemes would be merged in order to administer them together and Members were assured that the funding for the schemes would not be reduced directly as a result of being merged.

In response to a member’s question, it was noted that there was provision to carry funding over should a project not be able to be completed in the current year due to restrictions relating to the coronavirus pandemic.

Some Members expressed concern about the change in name to the “Community Initiative Fund” as it was felt that it was important for the rural areas to have a clearly identified scheme. It was explained that this was for administration purposes and so a single source of information could be produced for both schemes.

Concern was also expressed about the proposal that funding for projects in Hinckley would be funded from the general fund rather than the special expenses area budget as was currently the case, however some members felt that as the parish scheme was funded by the general fund, so should the Hinckley scheme be.

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It was suggested that the Hinckley scheme may previously have been less well-used as it was not as well known or promoted in the same way as the Parish & Community Initiative Fund but also acknowledged that such schemes take a few years to become embedded and for communities to be aware of them.

RESOLVED –

(i) It be RECOMMENDED that the identities of the two schemes be retained whilst streamlining the administration;

(ii) Other changes recommended within the report be supported;

(iii) The change in timetable be supported.

571 COVID-19 TIER ALLOCATIONS

The Chief Executive provided an update following the announcement that the borough would be in tier 3 from 2 December and explained the implications of this for residents and businesses. Concern was expressed about being grouped as part of Leicestershire in the allocation of tiers and there was uncertainty about whether the borough could be separated from the rest of the county, should the number of cases reach a sufficiently low point to enable de-escalation in tier.

It was noted that support for residents and businesses would continue, but that the majority of government funding to support the local response to the coronavirus was allocated to county councils and not cascaded to borough and districts.

(The Meeting closed at 8.05 pm)

CHAIRMAN

Page-200 - 9 This page is intentionally left blank Agenda Item 10

Forward timetable of consultation and decision making

Licensing Committee 7 October 2020 Council 15 December 2020

Wards affected: all wards

Statement of Licensing Policy

Report of Director Environment & Planning

1. Purpose of report

1.1 The Licensing Act 2003 requires that the Council publish a ‘Statement of Licensing Policy’ that sets out the policies the Council will apply to the Act.

1.2 This report provides members with information on the Statement of Licensing Policy required under the Licensing Act 2003 which requires approval.

2. Recommendation

2.1 It is recommended that the Licensing Policy be adopted by the Council.

3. Background to the report

3.1 The Council has a statutory duty to have a Statement of Licensing Policy. It is important that the Statement of Licensing Policy provides an open and transparent policy regarding the Council's functions under the Licensing Act 2003. The Statement of Licensing Policy forms an essential part of the decision making process for licensing applications

3.2 The Act also requires that the Statement of Licensing Policy should be kept under review and must be re-published at every five years. The current statement of Licensing Policy was published by the Licensing Authority on 14th December 2015.

3.3 The existing policy has been reviewed in regard to its application, suitability and effectiveness since the implementation of the 2003 Act. The current

Page 11 06/16 policy has worked well and provided a basis for the consideration and determination of applications.

3.4 The licensing policy should ensure that applicants have a clear understanding of the effect of their business or proposed activities on others and what they must do to enhance the positive and mitigate any detrimental impact.

3.5 The policy will ensure licensees better understand the restrictions on their licences. It will aid residents affected by licensed premises activities to identify and report breaches and to allow for effective enforcement by the Licensing Authority to ensure promotion of the four licensing objectives.

3.6 The Licensing Authority has had regard to the statutory guidance issued under section 182 of the Licensing Act 2003 and the latest version issued by the Home office has been referred to during the drafting of this policy.

3.7 The Licensing Authority recognises the issues faced by the hospitality industry due to the Covid-19 pandemic and will apply this policy as flexibly as possible to support businesses during their recovery.

3.8 While the licensing policy should not duplicate other statutory provisions, the licensing authority and licensees should be mindful of requirements and responsibilities placed on them by other legislation. This includes:

The Gambling Act 2005 The Environmental Protection Act 1990, The Noise Act 1996 The Clean Neighbourhoods and Environmental Act 2005 The Regulatory Reform (Fire Safety) Order 2005 The Health and Safety at Work etc. Act 1974 The Equality Act 2010 The Immigration Act 2016 Regulators’ Code under the Legislative and Regulatory Reform Act 2006 The Coronavirus Act 2020 The Business & Planning Act 2020

4. Exemptions in accordance with the Access to Information procedure rules

4.1 The report is to be taken in open session as the policy is a public document.

5. Financial implications [AG]

5.1 None.

6. Legal implications [MR]

6.1 None arising directly from this report.

Page 12 06/16 7. Corporate Plan implications

7.1 Will help improve public safety, protect children from harm and prevent public nuisance and crime and disorder within the Borough and thereby contribute towards the Council aims of People, Places and Prosperity.

8. Consultation

8.1 The following bodies have been consulted on this policy:-

 the Chief Officer of Police for the licensing authority’s area,  the Fire Authority for this area,  the local authority’s Director of Public Health (DPH)  bodies representing local holders of premises licences,  bodies representing local holders of club premises certificates,  bodies representing local holders of personal licences,  bodies representing businesses and residents in the area that the Licensing Authority considers appropriate

8.2 The consultation is available for comment via the Council’s website.

9. Risk implications

9.1 It is the council’s policy to proactively identify and manage significant risks which may prevent delivery of business objectives.

9.2 It is not possible to eliminate or manage all risks all of the time and risks will remain which have not been identified. However, it is the officer’s opinion based on the information available, that the significant risks associated with this decision / project have been identified, assessed and that controls are in place to manage them effectively.

9.3 The following significant risks associated with this report / decisions were identified from this assessment:

Management of significant (Net Red) risks Risk description Mitigating actions Owner Procedures have been MB Reputation, Legal, Regulatory put in place to ensure that the Statement of Licensing Policy is reviewed and subsequently published

10. Knowing your community – equality and rural implications

10.1 The Licensing Act 2003 will have equal impact on all areas of the Borough.

10.2 An Equality Impact Assessment has been undertaken and is available.

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11. Climate implications

11.1 There are no impacts on the climate as a result of this policy.

12. Corporate implications

12.1 By submitting this report, the report author has taken the following into account:

- Community safety implications [RB] A robust policy will support and have a positive impact on supporting the reduction of alcohol related crime, disorder and anti-social behaviour in the Borough. - Environmental implications - ICT implications - Asset management implications - Procurement implications - Human resources implications - Planning implications - Data protection implications - Voluntary sector

Background papers: None

Contact officer: Mark Brymer, ext 5645 Executive member: Councillor M Cartwright

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Statement of Licensing Policy

(As required by section 5 of the Licensing Act 2003)

Adopted by the Council th XX Decmember 2020 Page 15 CONTENTS PAGE

PART I

1.0 OVERVIEW / INTRODUCTION

PART II – LICENSING OBJECTIVES & KEY THEMES

2.0 PREVENTION OF PUBLIC NUISANCE

3.0 PREVENTION OF CRIME & DISORDER

4.0 PUBLIC SAFETY

5.0 PROTECTION OF CHILDREN FROM HARM

6.0 ADULT ENTERTAINMENT

7.0 LICENSING HOURS

8.0 CUMULATIVE IMPACT

9.0 DETERMINING APPLICATIONS

PART III – COMBINED SPORTS & BOXING

10.0 COMBINED SPORTS

PART IV – INTEGRATING STRATEGIES

11.0 OTHER MEASURES

12.0 ENFORCEMENT

13.0 EARLY MORNING RESTRICTION ORDERS

14.0 LATE NIGHT LEVY

APPENDIX A

MAP OF CUMULATIVE IMPACT AREA IN TOWN CENTRE

Page 161 1.0 OVERVIEW

1.1 Introduction

1.1.1 Hinckley & Bosworth Borough Council (“the Council”) is the Licensing Authority, as defined by section 3(1) of the Licensing Act 2003 (for the Borough).

1.1.2 The aim of this policy is to promote the Licensing Objectives as set out in the Licensing Act 2003 (the Act). These are:

1 The Prevention of crime and disorder 2 Public safety 3 The Prevention of public nuisance 4 The Protection of children from harm

1.2 Overview of licensing

1.2.1 The Act makes provision for the licensing of individuals for the sale of alcohol (personal licences) and the licensable activities of the sale of alcohol, regulated entertainment and late night refreshment (premises licences). The supply of alcohol and provision of regulated entertainment in clubs (club premises certificates) and the permitting of occasional licensable activities (temporary event notices).

1.2.2 The Council has responsibility under the Act for licensing any premises for licensable activities. Under this legislation there will be more local consultation and elected representatives (Councillors) will decide all applications where relevant representations are made, with rights of appeal for applicants and any party who feels aggrieved by the Licensing Authority’s decision to the Magistrates Court.

1.3 Licensable activities

1.3.1 Any premises where the following activities are carried out will require a premises licence:

 the retail sale of alcohol  the supply of alcohol by or on behalf of a club, or to the order of a member of the club  The provision of late night refreshment (hot food or drink between 11 p.m. and 5 a.m.)  the provision of "regulated entertainment"

1.3.2 "Regulated entertainment" requires a licence when it takes place in the presence of an audience and is provided for the purpose of entertaining that audience and includes the following:

 a performance of a play;  an exhibition of a film;  an indoor sporting event;

Page2 17  a boxing or wrestling entertainment;  a contest, exhibition or display which combines boxing or wrestling with one or more martial arts (“combined fighting sports”);  a performance of live music;  any playing of recorded music;  a performance of dance;  entertainment of a similar description to a performance of live music, any playing of recorded music or a performance of dance.

1.3.3 Amendments made to the 2003 Act by the Live Music Act 2012 and the Licensing Act 2003 (Descriptions of Entertainment) (Amendment) Order 2013, Legislative Reform Order 2014 and the Deregulation Act 2015, means that a licence is not required for the following activities to the extent that take place between 08:00- 23:00 on any day:

 a performance of a play in the presence of any audience of no more than 500 people;  an indoor sporting event in the presence of any audience of no more than 1,000 people, this includes Greco Roman or free style wrestling  most performances of dance in the presence of any audience of no more than 500 people; and  live music, where the live music comprises;  a performance of unamplified live music  a performance of live amplified music in a workplace with an audience of -no more than 500 people; or  performance of live or recorded music on licensed premises which takes -place in the presence of an audience of no more than 500 people, subject to certain conditions being met.

 Recorded music, where recorded music comprises;  Any playing of recorded music on licensed premises which takes place in the presence of an audience of no more than 500;  Any playing of recorded music in unlicensed premises, subject to certain conditions being met.  Dance – no licence is required for performances on any day provided that the audience does not exceed 500

1.3.4 Where de-regulated activities take place on licensed premises any licence conditions relating to ‘live’ music or entertainment will be suspended, but it is possible to impose new, or reinstate existing conditions following a review of a premises licence or club premises certificate.

1.3.5 When considering whether an activity constitutes ’the provision of regulated Entertainment’, each case will be treated on its own merits. There will inevitably be a degree of judgement as to whether a performance is live music or not, so organisers of events are encouraged to contact the Licensing Authority to discuss whether a licence will be required.

Page 183 1.4 Policy

1.4.1 The Act requires the Licensing Authority to publish a licensing policy statement after consultation with responsible authorities and other persons and to review the policy every five years.

1.4.2 The purpose of this document is to set out the policies the Licensing Authority will normally apply to meet the licensing objectives when making decisions on any licence application under the Act.

1.4.3 In general, unless otherwise stated, a reference in this policy to a licence will also include a club premises certificate and/or a temporary event notice. Unless the context clearly requires to the contrary, the term “licensee” means the holder of a premises licence, club premises certificate, provisional statement or interim authority. The term “applicant” should be similarly construed.

1.4.4 Any reference in this policy to guidance or regulations includes those where the Secretary of State has used his powers contained in the Act to make regulations (Sec. 5) and issue guidance (Sec. 182).

1.4.5 This policy must be read in conjunction with the Act, the various statutory instruments issued under the Act and the mandatory guidance issued under section 182. These other documents are not reproduced in full here and any summary of the law in this policy statement should not be taken as definitive.

1.4.6 While this policy will be used as a general local guide, any policy must allow for exceptions. All licensing decisions will be made on the merits of the individual case, having regard to this policy, statutory guidance, and the Act.

1.5 Purpose of the policy

1.5.1 This policy deals with how the Licensing Authority will promote each of the four fundamental licensing objectives and how it will deal with the other key themes such as flexible licensing hours and the cumulative impact of a concentration of licensed premises in an area.

1.5.2 This Statement of Licensing Policy is designed to provide guidance for everyone who is involved in or affected by the licensing of alcohol, regulated entertainment and late night refreshment in the Licensing Authority's area. This includes:

 applicants for all types of licence (Premises/Personal/CPC//TEN) - to help applicants to understand the process, the considerations to be taken into account and what the Licensing Authority is trying to achieve.

 applicants for premises licences - to help applicants to draft an appropriate operating schedule with conditions and measures which the Licensing Authority is likely to find acceptable.

 organisations or individuals planning events - to indicate whether a licence is likely to be needed and how to go about obtaining one. Page4 19

 statutory agencies (police, fire, relevant council departments etc.) - to indicate how the Licensing Authority and the other statutory agencies will co- operate to achieve their respective objectives in areas of common concern, particularly in the areas of prevention, monitoring and enforcement; to indicate which of the agencies will "lead" on each of the four fundamental licensing objectives.

 residents and businesses in the neighbourhood of premises which have an existing licence or require a licence, and their representatives (e.g. ward councillors) - to inform local people of their rights to be consulted, to make representations, to apply for reviews of existing licences; to indicate those types of representations which are likely to be relevant and those which are not; to explain how the Licensing Authority and the other relevant statutory agencies will work together on licensing issues for the benefit of the local community, and to outline the limits of the licensing regime.

 licensing decision-makers - to provide guidance to all the relevant Council officers dealing with applications and to the Licensing Committee and Licensing Sub Committees deciding contentious applications.

1.5.3 It should be noted that applications without operating schedules, or incomplete applications, will be returned to the applicant and the period for determination will not commence until a valid application has been submitted. A pragmatic approach will be taken wherever possible in respect of applications containing only minor errors.

1.5.4 The Licensing Authority encourages all applicants to contact the appropriate responsible authorities prior to submission of an application. This will ensure that the operating schedule is adequate to promote the four licensing objectives, which could prevent later negotiations, representations and hearings.

1.5.5 The Licensing Authority recognises the issues faced by the hospitality industry due to the Covid-19 pandemic and will apply this policy as flexibly as possible to support businesses during their recovery.

1.5.6 While the licensing policy should not duplicate other statutory provisions, licensing authorities and licensees should be mindful of requirements and responsibilities placed on them by other legislation. This includes:

Page 205 1.6 Consultation on this policy

1.6.1 The Licensing Authority is required by law to consult with the following organisations under section 5 (3) of the Act before adopting a Statement of Licensing Policy (and on any review of the policy):

1.7 Revision & Review

1.7.1 The Statement of Licensing Policy is valid for a five year period from December 2020. During that period, the Licensing Authority will keep the policy under review and may make such changes, as it thinks appropriate.

Page6 21 PART 2 – LICENSING OBJECTIVES & KEY THEMES

2.0 The Prevention of Public Nuisance

2.1.1 There is no distinction between the meaning of public nuisance under the Licensing Act 2003 and its meaning in common law.

2.1.2 The Licensing Authority intends to interpret “loss of personal amenity” in its widest sense, including such issues as noise, light, odour, litter and anti- social behaviour. Where these matters impact on the community at large living, working or otherwise engaged in normal activity in the area. Where an application is opposed or a review has been applied for the Licensing Authority may seek to attach conditions to licences and certificates where necessary in order to prevent it. Any such conditions imposed will be appropriate and proportionate and tailored to the style and characteristics of the premises and the type of activities expected to take place there.

2.1.3 The Licensing Authority will seek to protect the reasonable rights of residents and businesses in the vicinity of licensed premises from disturbance arising from licensable activities. In determining such applications, the Licensing Authority will primarily focus on the direct impact of the activities taking place at the licensed premises on members of the public living, working or engaged in normal activity in the area concerned. The Licensing Authority recognises that licensing law is not a mechanism for the general control of anti-social behaviour by individuals once they are away from the premises and therefore beyond the direct control of the individual, club or business holding the licence.

2.1.4 The Licensing Authority considers that a noise assessment should be carried out by applicants for premises licences and club premises certificates to determine the potential effect on neighbouring premises. Advice and assistance in undertaking this task should be sought from The Council’s Environmental Health Officers. Steps which may be appropriate to prevent public nuisance include:

 Limitation on hours of operation where necessary to prevent nuisance and disturbance  Measures to reduce noise and vibration emissions from premises  Measures to prevent noxious smells  Measures to reduce light pollution  Steps to prevent noise, disturbance and anti-social behaviour from people arriving at and leaving the premises  Stricter controls will be supported in areas in closer proximity to residential accommodation.

2.1.5 The Licensing Authority will need to be satisfied that the type of regulated entertainment provided will be suitable for the location in which the premises is situated.

2.1.6 Any change to the categories of entertainment to be provided at a premise will require a variation of the licence.

Page 227 2.1.7 In considering an application, the Licensing Authority may take into account previous noise and nuisance complaints, but will consider all applications on their own merits.

2.1.8 Where applicable, following a representation and hearing in order to control access to and egress from the premises, the Licensing Authority may attach a condition to the licence requiring the use of Door Supervisors, licensed by the Security Industry Authority or other national governing body.

Outdoor Music Events

2.1.9 The Licensing Authority and the relevant responsible authorities would normally expect licence holders to consider the following matters when compiling their operating schedules where events include outdoor music events in relation to the public nuisance objective:

1. Identify potential noise sources likely to arise from the event (e.g. Amplified music, noise from patrons etc). 2. Prepare a site layout plan detailing the location of speakers taking note of speaker orientation and any “reflective” walls etc. Speakers should point away from residential areas. 3. Monitoring points should be defined and should give an idea of how noise will breakout to the nearest noise sensitive premises. 4. Identify noise control measures and procedures in place to minimise disturbance. 5. Prepare a plan if more than one band is to play to ensure finishing times are strictly adhered to. 6. Designate a responsible person to respond positively to complaints and to monitor noise levels throughout the event. This should include a system to log details of any complaints received in relation to the event and any action taken. 7. Consider how low frequency and bass beat noise will be dealt with. 8. Detail remedial actions that will be taken if noise levels are found to be causing complaints. 9. The timing of the event, considering the day of the week and finish time; 10. The size of the event and expected number of attendees. 11. The proximity of the event to local residents.

Page8 23 3.0 PREVENTION OF CRIME & DISORDER

3.1.1 The Licensing Authority is committed to reducing crime and disorder across the Borough through its statutory duty under section 17 of the Crime and Disorder Act 1998.

3.1.2 The Licensing Authority and Leicestershire Police through partnership working will monitor and review crime statistics within the Borough and their association with alcohol.

3.1.3 The Licensing Authority will work in partnership with any local Pubwatch Scheme and provide guidance where necessary. Officers will attend the local Pubwatch meeting when invited.

3.2 CCTV

3.2.1 The presence of CCTV cameras can be an important means of deterring and detecting crime at, and immediately outside, licensed premises. If a premises decides to install a CCTV system it is recommended that the CCTV system is maintained in accordance with the Information Commissioner’s CCTV Code of Practice and will operate at all times.

3.2.2 Where a system is installed it is recommended that the premises licence holder and designated premises supervisor will ensure that staff will be fully trained in the operation of the CCTV system with images from the system being retained for a minimum of 31 days and made available to Police and other responsible authorities upon request.

3.3 Irresponsible Drinks Promotions

3.3.1 The Licensing Authority will support an approach to the marketing of alcohol and the management of licensed premises that promotes responsibility in the consumption of alcohol.

3.3.2 An irresponsible promotion is one that fits one of the descriptions below (or is substantially similar), is carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises and carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance or harm to children. The aim of the condition is to prohibit or restrict promotions which encourage people to drink more than they might ordinarily do and in a manner which does not promote the licensing objectives.

 Drinking Games  Large quantities of alcohol for free or for a fixed price  Prizes and rewards  Discounted Prices in relation to a Sporting Event shown on a premises  Posters and Flyers which condone, encourage or glamorise anti-social behaviour or refer to the effects of drunkenness a favourable manner.  Dispensing Alcohol directly into the mouth.

Page 249 3.4 Dance Venues

3.4.1 The “culture” of dance venues requires that special consideration be given to the steps required to prevent crime and disorder and promote public safety.

3.4.2 The Licensing Authority would support the following steps to promote the licensing objectives in pubs and clubs opening beyond midnight that provides dance facilities in accordance with the Home Office Safer Clubbing Guide. Other pubs and clubs, depending on circumstances, may also benefit from these steps:

 Searching of customers before entry in accordance with the Leicestershire Police Code of Practice on Searching and Licensed Premises. This will be aimed at preventing drugs and offensive weapons being brought into premises.

3.5 Other Steps to Promote the Prevention of Crime and Disorder

3.5.1 There is a wide range of other steps which may be appropriate in particular circumstances including:

 Prohibiting the sale of alcohol in bottles for consumption on the premises, to prevent their use as weapons.

 Requiring drinking vessels to be plastic or toughened glass.

 Requiring the provision mobile phones, walkie-talkie radio or social media Apps to connect premises supervisors in town centres to the police.

 Appropriate measures to prevent overcrowding in parts of the premises.

 The provision of staff to control admission and to control customers inside the premises.

 An age determination policy such as Challenge 21 or Challenge 25 to prevent underage sales.

Page10 25 4.0 PUBLIC SAFETY

4.1.1 Members of the public have the right to expect when visiting licensed premises that due consideration has been taken of needs with respect to public safety. Licensees, as providers of premises for the sale of alcohol or regulated entertainment, must be able to demonstrate that they have considered and put into effect measures to protect members of the public and the commercial interests of neighbouring premises.

4.1.2 The Licensing Authority is committed to ensuring public safety across the Borough, by working in close partnership with the local authority, Leicestershire Police, Fire and Rescue, Licensees, CCTV control centre and local pub-watch schemes. The Licensing Authority recommends membership of the pub-watch and/or retail radio schemes by licence holders.

4.1.3 Where applicable, e.g. large-capacity premises remaining open after midnight, the Licensing Authority will consider the attachment of a condition to the licence requiring the use of Door Supervisors, licensed by the Security Industry Authority to control the access and egress from the premises during events to ensure public safety, following a relevant written representation and a licensing hearing.

4.1.4 Premises licensed for regulated entertainment, including cinemas and theatres, are subject to a range of legislative requirements and regulatory regimes such as the Health and Safety at Work etc Act 1974 and fire safety legislation, aimed at protecting public safety. The Licensing Authority does not intend to duplicate requirements of existing statutory provisions. However, premises will be expected to ensure a level of compliance that promotes public safety.

4.1.5 Premises providing regulated entertainment have particular safety issues associated with their ability to attract significant numbers of people to a venue. The Licensing Authority will support measures designed to promote public safety in this context. This will include:

 Setting of a capacity limits for all, or separate parts, of the premises.  The provision of staff to control admission and to control customers inside premises and at outdoor events.

4.1.6 The Licensing Authority will consider attaching conditions to licences and certificates to promote public safety. Any such conditions will be tailored to the style and characteristics of the premises and the type of activities expected to take place there.

Page 2611 5.0 PROTECTION OF CHILDREN FROM HARM

5.1 General

5.1.1 The protection of children from harm includes the protection of children from moral, psychological and physical harm. This includes not only protecting children from the harms associated with alcohol but also wider harms such as exposure to strong language and sexual expletives (for example, in the context of exposure to certain films or adult entertainment). "Children" for these purposes means individuals aged under 18.

5.1.2 Leicestershire Police are the lead authority for child protection issues acting as “gatekeeper” for Leicestershire’s Local Safeguarding Children’s Board. Consultees should not rely on other responsible authorities to put forward representations, if they have concerns. Unless a relevant representation is made, the Licensing Authority must grant the licence subject to conditions consistent with the operating schedule.

5.1.3 Licences will be sought for a wide variety of premises including theatres, cinemas, restaurants, concert halls, cafes, late night take-away, pubs, bars and nightclubs. It is not possible for a licensing policy to anticipate every situation where children are at risk. The licensing authority will not therefore impose general conditions that apply to all premises, but will consider how the licensing objectives can be best promoted in each particular case.

5.1.4 Areas that may give rise to particular concern in respect of children include premises:

(a) where there have been convictions of members of the current staff for serving alcohol to minors, with a reputation for underage drinking or where the Portman Group Code of Practice on Naming, Packaging and Promotion of Alcoholic Drinks is not being followed; (b) with a known association with drug taking or dealing; (c) where there is a strong element of gambling on the premises; (d) where entertainment of an adult or sexual nature is commonly provided (e.g. topless bar staff, striptease, lap/table/pole dancing, strong and offensive language).

5.1.5 It is acknowledged that complete exclusion of children will be rare but the options to be considered by the Council for limiting access of children, where regarded as necessary for the prevention of harm to children, may include any of the following:

(a) limitations on the hours when children may be present; (b) limitations or exclusions when certain activities are taking place; (c) restrictions or exclusions in respect of parts of premises; (d) requirements for an accompanying adult; (e) full exclusion of people under 18 from the premises when any licensable activities of an adult nature are taking place.

5.1.6 The Council cannot impose conditions requiring the admission of children to any premises. Where no licensing restriction is necessary, this will remain a matter for the discretion of the individual licensee or club. Page12 27 5.2 Licensing for Alcohol on the Premises and Unaccompanied Children on the Premises

5.2.1 It is an offence under section 145 of the Act to permit an unaccompanied child aged under 16 to be present on premises being used exclusively or primarily for the supply of alcohol for consumption on those premises. It is also an offence to permit the presence between midnight and 5 a.m. of children under 16 who are not accompanied by an adult at any premises open for the supply of alcohol for consumption there.

5.3 Children and Cinemas

5.3.1 The 2003 Act provides that, 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 (the British Board of Film Classification is currently the only body which has been so designated).

5.3.2 Licence holders will be expected to prevent children from viewing films that are unsuitable because of the age classification of the film.

5.4 Children and Regulated Entertainment

5.4.1 The Licensing Authority will expect that where a significant number of unaccompanied children will be present during a public entertainment event, the licence holder should have a Child Protection Policy in place to carry out suitable checks on volunteers and staff before they take up employment. In addition, they will ensure that an adequate number of adult staff is present to control the access, egress and safety in and around the premises.

5.4.2 The number of staff required should be assessed by the licence holder, taking into account the number of children to be present, the type of entertainment, the characteristics of the premises and any other relevant factor. Any premises which have Internet access facilities must have adequate control settings put in place so that web sites which are not suitable for use by children are permanently blocked.

5.5 Proof of Age Cards

5.5.1 The Licensing Authority supports the adoption of proof of age cards as a means of preventing underage drinking. Challenge 21 requires that any customer that looks under 21 is asked for proof of age to prove that they are 18 or over and old enough to buy alcohol. Staff should only accept accredited proof of age cards – Validate UK, ONEID4U, Citizen Card, Age Entitlement Card and Young Scot. Other than these, only a UK Passport, Military Identification Card or UK Photo driver licence (Full or Provisional) should be accepted. Student union cards should NOT be accepted.

The above ID cards must show a date of birth, a photograph and a hologram.

Page 2813

5.6 Child Sexual Exploitation and Child Criminal Exploitation (CSE / CCE)

5.6.1 The licensing authority is committed to protecting children from harm and views this as an important licensing objective. Intelligence sharing and the exchange of information developed by the Police and Local Safeguarding Children Partnership (Leicestershire & Rutland) ensure that the protection of children from harm remains key. 5.6.2 Alcohol is also often a factor in child sexual/criminal exploitation, where young people may be encouraged or coerced to drink, or alcohol may be a factor in risk taking behaviour by young people who drink irresponsibly and then get involved in activities that otherwise they would not. Nationally, evidence has been found of the sexual exploitation of children taking place on licensed premises, or licensed premises being used for the purposes of grooming and enticement. 5.6.3 The Local Safeguarding Children Partnership (LSCP) works with the Police, the Licensing Authority and the licensed trade to promote risk management in relation to child sexual/Criminal exploitation. The LSCP can provide advice to assist licensees to identify risk and report concerns at different types of licensed premises so that children remain safe and businesses operate responsibly. 5.6.4 The Licensing Authority encourages licence holders and operators of licensed premises:

 To ensure that they are fully aware of the signs of child sexual exploitation and to understand that the sexual exploitation of a child is sexual abuse and a crime

 To raise the awareness of their staff about child sexual/Criminal exploitation and provide intelligence to the appropriate authorities about concerns and about perpetrators who may be operating in their areas.

Advice for Licensed Premises

5.6.5 Child sexual exploitation is broadly defined as Vulnerable Young people under 18 who are manipulated into a sexual relationship or situation by an adult. It is known for children as young as 11 to be subjected to this process known as ‘Grooming’.

 It involves young people being offered something in return for performing sexual acts.

 Alcohol, Cigarettes, Mobile Phones, Gifts, Money, Drugs, Love.

Page14 29 5.6.6 Potential Issues

Under the Protection of children from harm, and Health & Safety issues think about your booking policy (young unaccompanied guests)

 Negative media attention – reputation.  We all have a moral responsibility to protect children.  There may be legal implications for Hotels if activity of CSE/CCE is taking place on their premises and they are failing to act or do not have safeguards in place.

5.6.7 How to Protect Your Business

 Age verification checks  Refusal records  Incident logs  Police reporting protocols  Patrol records/CCTV checks  Staff training records

5.6.8 Training Your Staff

 Checklist of what staff need to know  Up-to-date records for individual employees  Regular refresher sessions  Incentivised schemes for employee training  Training should include: Age verification; CSE awareness;  Premises monitoring.

The main thing to remember is Say Something if you See Something.

Page 3015 6.0 Adult Entertainment

6.1.1 The potential for the provision of adult entertainment to impact on the licensing objectives is recognised in the prescribed application form and all applicants are required by the prescribed form to indicate in their operating schedules whether they intend to provide any such entertainment which may give rise to concerns in respect of children.

6.1.2 The Policing and Crime Act 2009 provides an additional licensing requirement for operators who provide “sexual entertainment venues” to licence them as sex establishments under the Local Government (Miscellaneous Provisions) Act 1982. These are essentially premises which provide live entertainment or performances to a live audience which either involves nudity (such as lap or pole dancing establishments,) or which are for the purpose of sexually stimulating any member of the audience. Hinckley & Bosworth Borough Council adopted these provisions on 4th April 2011 to give the Council more control including the power to refuse an application.

6.1.3 Where a business wishes to operate as a sexual entertainment venue it will still need to be licensed under the Licensing Act 2003 for the sale of alcohol and the provision of regulated entertainment. The provision of sexual entertainment will however be regulated under the terms of any sex establishment licence which may be granted under the 1982 Act. The Licensing Act 2003 licence will then continue to regulate any other licensable activities.

6.1.4 There is one exemption from SEV licensing where a premises can provide sexual entertainment on no more than 11 times a year. The exemption states:

a) no relevant entertainment can been provided on more than 11 occasions within a 12 month period; b) no such occasion has begun within a period of one month beginning with the end of the previous occasions; and c) no such occasion has lasted longer than 24 hours.

6.1.5 The provision of adult entertainment on premises will mean that access to the premises by anyone under the age of 18 will not be permitted during periods when such entertainment is taking place. Where such entertainment is to be provided under the terms of a Premises Licence or Club Premises Certificate the Authority expects applicants in to include arrangements for protecting performers and restricting anyone under 18 from viewing any adult entertainment in their licence operating schedule.

6.1.6 The Authority expects licensees to ensure that any age restrictions for shows or entertainment of an adult or sexual nature are properly complied with. In addition it may be appropriate to impose age restrictions for persons working in the premises, and applicants are advised to also consider the wider crime and disorder issues which can be associated with such forms of entertainment such as issues relating to drugs and prostitution.

Page16 31 7.0 LICENSING HOURS

7.1 General

7.1.1 The government acknowledges that different licensing approaches may be appropriate for the promotion of the licensing objectives in different areas. The Act gives the Council the power to make decisions regarding licensed opening hours based on local knowledge and in consultation with other responsible authorities.

7.1.2 In some circumstances, staggered licensing hours with regards to the sale of alcohol are important to ensure that the concentration of customers leaving premises simultaneously is reduced. The intention behind this is to reduce the friction at late night fast food outlets, taxi ranks and other sources of transport which currently lead to disorder and disturbance.

7.1.3 Under the Act there are no permitted hours for the sale of alcohol. Applicants are able to suggest in their operating schedule the hours they wish to open and to apply to vary their existing licences if they wish to open beyond their current permitted hours. However, there is no general presumption in favour of lengthening licensing hours and the four licensing objectives will be the paramount consideration at all times.

7.1.5 If relevant representations are made the council will only grant the hours of use proposed where the operating schedule and any risk assessment adequately demonstrates that the applicant has properly considered what is appropriate for the local area when considering:-

 what hours and activities to apply for.

 the potential effect on the licensing objectives is not significant.

 the agreed operating schedule demonstrates that the applicant is taking appropriate steps to minimise any adverse impact on local residents and businesses.

7.1.6 Restrictions may be made to the proposed hours of use where, after receiving relevant representations, the council considers it appropriate for the promotion of the licensing objectives to do so. The council will take into account the existing pattern of licensed premises in an area when considering what is appropriate to promote the objectives. Applications which are significantly out of character for a locality will need to demonstrate that granting the hours sought will not impact on the licensing objectives, given the potential for neighbouring premises to seek the same additional hours to prevent rivals gaining a commercial advantage.

7.1.7 As a general rule shops, stores and supermarkets should normally be free to provide sales of alcohol for consumption off the premises at any times when the retail outlet is open for shopping unless there are good reasons, based on the licensing objectives, for restricting those hours.

Page 3217 8.0 CUMULATIVE IMPACT

What is cumulative impact?

The words “Cumulative impact” are not mentioned specifically in the Act but means the potential impact on the promotion of the licensing objectives of a significant number of licensed premises concentrated in one area. Cumulative impact policies may relate to premises licensed to carry on any licensable activity, including the sale of alcohol for consumption on or off the premises, and the provision of late night refreshment. This includes late night fast food outlets which are not licensed to sell alcohol.

8.1 Adopting a special saturation policy

8.1.1 In certain situations the number, type and density of premises selling alcohol or providing late night refreshment is strength, serious problems of nuisance and disorder may arise outside the premises or some distance from those premises. Where the impact on surrounding areas of customers taken together may be greater than the usual impact of customers from individual areas the licensing authority may consider that an area has become ‘saturated’. In these circumstances, where representations are made by a responsible authority such as the police or other person, such as local residents, the licensing authority may consider whether the grant of any further premises licences or club premises certificates containing the licensable activities mentioned above would undermine one or more of the licensing objectives. If this is the case it may adopt a special saturation policy, which would allow it to refuse new licences because the area in question is already saturated with licensed premises.

8.1.2 Queuing in itself may lead to conflict, disorder and anti-social behaviour. Moreover, large concentrations of people may also increase the incidence of other criminal activities such as drug dealing, pick pocketing and street robbery. Local services such as public transport services, public lavatory provision and street cleaning may not be able to meet the demand posed by such concentrations of drinkers leading to issues such as street fouling, littering, traffic and public nuisance caused by concentrations of people who cannot be effectively dispersed quickly.

8.2 Representations

8.2.1 The Licensing Authority has received a representation from the Leicestershire Police that the circumstances described above exist in relation to parts of Hinckley town centre, and that the grant of further alcohol licensed and late night refreshment premises licences would undermine the crime prevention objective.

In response to this representation the Licensing Authority has:

 Considered evidence about the extent of the problem of crime and disorder;  Considered evidence about the likely association of the problem with the number and density of licensed premises in the town centre; Page18 33  Consulted on the proposal for a special policy in relation to new licences and variations to existing ones within the town centre;  Considered the outcome of that consultation; and  Resolved to declare the special policy described in section 8.4.1

8.3 Other mechanisms available

8.3.1 The authority recognises that once away from licensed premises, there is always a risk that some people will behave badly and unlawfully. In these circumstances, there are other mechanisms available for addressing such issues, including:

 Planning controls.

 Creation of a safe, clean town centre environment in partnership with local businesses, transport operators and other departments of the local authority.

 The provision of CCTV surveillance in town centres, ample taxi ranks, provision of public conveniences open late at night, street cleaning and litter patrols.

 Powers of local authorities to designate parts of the local authority area as places where alcohol may not be consumed publicly.

 Police enforcement of the general law concerning disorder and anti-social behaviour, including the issuing of fixed penalty notices.

 The prosecution of any personal licence holder or member of staff at such premises who is selling alcohol to people who are drunk.

 Public Spaces Protection Order (PSPO) is designed to stop individuals or groups committing anti-social behaviour in a public space and gives the police a power to confiscate alcohol from adults and children in designated areas.

 Police powers to close down instantly for up to 24 hours (extendable to 48 hours) any licensed premises or temporary event on grounds of disorder, the likelihood of disorder or noise emanating from the premises causing a nuisance under the Licensing Act 2003 and the Anti-Social Behaviour, Crime and Policing Act 2014.

 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.

 Early Morning Restriction Orders (EMRO).

 Any other local initiative that similarly may address these problems.

Page 3419 8.4 Saturation Policy 8.4.1 The proposed area is shown on the following page and is described as the area being bounded by and includes the following roads or streets and all streets within in it.

Trinity Lane to its junction with Mansion St, Mansion St. King St, Stockwell Head to its junction with The Borough. The Borough, Market Place, Station Rd to its junction with Lancaster Rd. Lancaster Rd, Rugby Rd to its junction with Trinity Lane.

8.4.2 The area of the Saturation Policy is marked on the map attached (Appendix A).

8.4.3 The Licensing Authority recognises, however, that this policy cannot be absolute and it will continue to consider each application on its own merits. In the event of a relevant representation the application will be determined by the Licensing Sub-Committee.

8.4.4 Applicants are expected to include positive proposals in their application on how they will manage any potential risks. Where specific policies apply in the area (the cumulative impact policy), applicants are also expected to demonstrate an understanding of how the policy impacts on their application; any measures they will take to mitigate the impact; and why they consider the application should be an exception to the policy.

8.4.5 The authority acknowledges that the impact will be different for premises with different styles and characteristics e.g. a family friendly restaurant and recommends applicants discuss their proposals prior to submitting an application.

8.4.6 If there are no representations, the licensing authority must grant the application in terms that are consistent with the operating schedule submitted.

8.4.7 The authority will review the special policy at least every 3 years and if it considers that it needs to be amended will undertake appropriate consultation before any amendment is made.

8.4.8 The special policy will not be used to:

 remove a licence when representations are received about problems with an existing licensed premises; or to  justify the rejection of modifications to a licence except where those modifications are directly relevant to the special policy; or to  adopt quotas or set terminal hours in a particular area that pre-determine the individual merits of any application.

The CUMULATIVE IMPACT POLICY was reviewed by the Principal Licensing Officer in August 2020 and at that time no further changes to the policy were required.

Page20 35 9.0 DETERMINING APPLICATIONS

The following matters will be determined by a Licensing sub-committee:

 Application for a personal licence where there are relevant unspent convictions;  The review of a premises licence or club premises certificate;  Decision to object when the local authority is the consultee and not the relevant authority considering the application;  Determination of an objection to a temporary event notice.

The following matters will be determined by the Licensing sub-committee where a relevant representation has been made:

 Application for a personal licence  Application for a premises licence or club premises certificate (CPC)  Application to vary a designated premises supervisor  Determination of a temporary event notice (TEN)  Disapplication Of Certain Mandatory Conditions for Community Premises  Application for transfer of a premises licence

9.1 Personal Licences

9.1.1 Individuals applying for a personal licence must be entitled to work in the UK. The Immigration Act 2016 amended the Licensing Act 2003, this came into effect in April 2017.

9.1.2 Applications made on or after this date by someone who is not entitled to work in the UK will be rejected.

9.1.3 Licences must not be issued to people who are illegally present in the UK, who are not permitted to work, or who are permitted to work but are subject to a condition that prohibits them from doing work relating to the carrying on of a licensable activity.

9.1.4 In order to carry out this duty, licensing authorities must be satisfied that an applicant has the right to work in the UK. They require applicants to submit an identification document, to show that they have permission to be in the UK and to undertake work in a licensable activity.

9.1.5 Where the licensing authority has granted a personal licence and becomes aware that a licence holder has been convicted of a relevant offence or foreign offence or been required to pay an immigration penalty, the licensing authority may revoke the licence or suspend it for a period of up to six months.

9.1.6 The Policing and Crime Act 2017 gives licensing authorities the power to revoke or suspend personal licences.

9.1.7 Every sale of alcohol at licensed premises is required to be authorised by a personal licence holder. Because of the importance of their role, the Licensing Authority considers it to be good practice for personal licence

Page 3621 holders to have significant operational involvement in the sale of alcohol rather than to undertake a remote, periodic authorisation of other staff. In practical terms this would mean authorisation on at least a daily basis, and to be available on the premises throughout most of the day to deal with circumstances requiring their expertise and authority.

9.1.8 When applying for a personal licence, the Licensing Authority will expect applicants to produce an up to date Disclosure Barring Service certificate. All applicants would also be expected to make a clear statement as to whether or not they have been convicted outside England and Wales of a relevant offence or an equivalent foreign offence.

9.1.9 In accordance with the Secretary of State’s advice the Licensing Authority will normally refuse applications where the police have issued an objection notice unless there are, in the opinion of the Licensing Authority, exceptional and compelling reasons which justify granting the application.

9.2 Representations the Power to have your Say

9.2.1 Having your say in licensing terms is called ‘making a representation’ but not everyone has the right to have their say in respect of all applications/notifications. There is a prescribed period from the time the Licensing Authority receive the application for representations to be received. This is usually 28 consecutive days but varies depending on the type of application under consideration. Representations can include positive / supportive representations as well as “objections”.

9.2.2 “Responsible Authorities” (A Statutory Body designated under the Act) and other persons, can make a representation when the Licensing Authority receives an application.

9.2.3 ‘Other Persons’ - As well as responsible authorities, any other person can play a role in a number of licensing processes under the 2003 Act. This includes any individual, body or business entitled to make representations to licensing authorities in relation to applications for the grant, variation, or review of premises licences and club premises certificates, regardless of their geographic proximity to the premises. In addition ‘other persons’ may themselves seek a review of a premises licence. Any representations made by these persons must be ‘relevant’, in that the representation relates to one or more of the licensing objectives.

9.2.4 Whilst any of these persons may act in their own right, they may also request that a representative makes the representation to the licensing authority on their behalf. A representative may include a legal representative, a friend, a Member of Parliament, or a local ward or parish councillor who can all act in such a capacity.

9.2.5 ‘Relevant representations’ are representations:

a) About the likely effect of the licence or certificate on the promotion of the licensing objectives;

Page22 37 b) Made by an ‘other person’ or a responsible Authority, have not been withdrawn and, in the case of representations made by another person are not in the Licensing Authority’s opinion frivolous or vexatious

Frivolous, Vexatious and Repetitious Requests

9.2.6 A representation is “relevant” if it relates to the likely effect of the grant of the licence on the promotion of at least one of the licensing objectives. For example, a representation from a local businessperson about the commercial damage caused by competition from new licensed premises would not be relevant. On the other hand, a representation by a businessperson that nuisance caused by new premises would deter customers from entering the local area, and the steps proposed by the applicant to prevent that nuisance were inadequate, would be relevant. In other words, representations should relate to the impact of licensable activities carried on from premises on the objectives. For representations in relation to variations to be relevant, they should be confined to the subject matter of the variation. There is no requirement for a responsible authority or other person to produce a recorded history of problems at premises to support their representations, and in fact this would not be possible for new premises.

9.2.7 It is for the licensing authority to determine whether a representation (other than a representation from responsible authority) is frivolous or vexatious on the basis of what might ordinarily be considered to be vexatious or frivolous. A representation may be considered to be vexatious if it appears to be intended to cause aggravation or annoyance, whether to a competitor or other person, without reasonable cause or justification. Vexatious circumstances may arise because of disputes between rival businesses and local knowledge will therefore be invaluable in considering such matters. Licensing authorities can consider the main effect of the representation, and whether any inconvenience or expense caused by it could reasonably be considered to be proportionate.

9.3 Temporary Event Notices

9.3.1 Part 5 of the Licensing Act allows licensing activities to be carried out in specified circumstances on a temporary basis, subject to a temporary event notice being served on the Licensing Authority, with a copy to the chief officer of police and Environmental Health services for the area no less than ten working days before the event. The chief officer of police or Environmental Health services may object to the event if satisfied that that any of the four licensing objectives would be undermined.

9.3.2 “Late” TENs are intended to assist premises users who are required for reasons outside their control to, for example, change the venue for an event at short notice. Late TENS can be given at any time as long as the limits specified, within guidance issued under section 182 of the Licensing Act 2003, are not exceeded. Late TENs can be given up to five working days but no earlier than nine working days before the event is due to take place and, unless electronically given to the licensing authority, must also be sent by the premises user to the police and Environmental Health Services. A late TEN given less than five days before the date of the event to which it relates will be returned as void and the activities to which it relates will not be authorised. Page 3823 9.3.3 The Licensing Authority considers that it is important that the police and Environmental Health services have sufficient time to properly evaluate the likely impact of a temporary event. Where insufficient notice of the event is given this may lead to objections being made that may have been unnecessary if a fuller evaluation had been possible. Equally, if notice of an event is given too far in advance it may be difficult to evaluate because of future uncertainty.

9.3.4 The Licensing Authority suggests as best practice that temporary event notices are served one or two months ahead of the event taking place.

9.5 Transfer of a Premises Licence

9.6.1 The 2003 Act provides for any person who may apply for a premises licence, which includes a business, to apply for a premises licence to be transferred to them. Where the application is made, the applicant must give notice of the application to the chief officer of police. Where it is made electronically via the licensing authority’s electronic facility, the licensing authority must notify the police no later than the first working day after the application is given. However, the responsibility to notify the DPS remains with the applicant.

9.6.2 In the vast majority of cases, it is expected that a transfer will be a very simple administrative process. Section 43 of the 2003 Act provides a mechanism which allows the transfer to come into immediate effect as soon as the licensing authority receives it, until it is formally determined or withdrawn. This is to ensure that there should be no interruption to normal business at the premises.

9.6.3 In exceptional circumstances where the chief officer of police believes the transfer may undermine the crime prevention objective, the police may object to the transfer. Such objections are expected to be rare and arise because the police have evidence that the business or individuals seeking to hold the licence or business or individuals linked to such persons are involved in crime (or disorder). Such objections (and therefore such hearings) should only arise in truly exceptional circumstances.

9.7 Licence Review

9.7.1 At any stage following the grant of a premises licence or club premises certificate a Responsible Authority or other person may apply for a review. Evidence will however be required to show that a specific concern exists relating to one or more of the Licensing Objectives.

9.7.2 Where a review hearing is held the Licensing Authority has a variety options that it may take ranging from taking no action at all, to varying conditions or suspending or revoking the licence. The Guidance reminds the Authority that the powers of review are to be used in the interests of the wider community and not that of the individual licence/certificate holder. Whilst the financial circumstances of the licence/certificate holder will be a consideration for the Licensing Authority the promotion of the Licensing Objectives will be the Authority’s primary concern.

Page24 39 Reviews Arising in Connection With Crime

9.7.3 A number of reviews may arise in connection with crime that is not directly connected with licensable activities. For example, reviews may arise because of drugs problems at the premises; money laundering by criminal gangs, the sale of contraband or stolen goods, the sale of firearms, or the sexual exploitation of children. Licensing authorities do not have the power to judge the criminality or otherwise of any issue. This is a matter for the courts. The licensing authority’s role when determining such a review is not therefore to establish the guilt or innocence of any individual but to ensure the promotion of the crime prevention objective.

9.7.4 Where the licensing authority is conducting a review on the grounds that the premises have been used for criminal purposes, its role is solely to determine what steps should be taken in connection with the premises licence, for the promotion of the crime prevention objective. It is important to recognise that certain criminal activity or associated problems may be taking place or have taken place despite the best efforts of the licence holder and the staff working at the premises and despite full compliance with the conditions attached to the licence. In such circumstances, the licensing authority is still empowered to take any appropriate steps to remedy the problems. The licensing authority’s duty is to take steps with a view to the promotion of the licensing objectives in the interests of the wider community and not those of the individual licence holder.

9.7.5 There is certain criminal activity that may arise in connection with licensed premises which should be treated particularly seriously. These are the use of the licensed premises:  for the sale and distribution of drugs and the laundering of the proceeds of drugs crime;  for the sale and distribution of illegal firearms;  for the evasion of copyright in respect of pirated or unlicensed films and music;  for prostitution or the sale of unlawful pornography;  by organised groups of paedophiles to groom children;  as the base for the organisation of criminal activity, particularly by gangs;  for the organisation of racist activity or the promotion of racist attacks;  for knowingly employing a person who is unlawfully in the UK;  for unlawful gambling; and  for the sale or storage of smuggled tobacco and alcohol. 9.7.6 It is envisaged that licensing authorities, the police and other law enforcement agencies, which are responsible authorities, will use the review procedures effectively to deter such activities and crime. Where reviews arise and the licensing authority determines that the crime prevention objective is being undermined through the premises being used to further crimes, it is expected that revocation of the licence – even in the first instance – should be seriously considered.

Page 4025 9.7.7 The Licensing Authority can, of its own motion, instigate the review of a premises licence or club premises certificate, but will rely on the responsible authorities such as the Police and Environment Health to be proactive in seeking a review where they consider it appropriate. Requests by responsible authorities will not be treated as vexatious or frivolous.

9.7.8 The Licensing Act 2003 requires Licensing Authorities to suspend a premises licence or club premises certificate if the annual fee is not paid when it is due unless an administrative error or dispute has been notified to the Licensing Authority. In such cases there will be a grace period of 21 days to allow the matter to be resolved. If the matter is not resolved within grace period the licence must be suspended.

9.7.9 Where such a suspension takes place the Licensing Authority must give a minimum of two days’ notice and may inform the police and other responsible authorities of the suspension. All licensable activities must cease when the suspension takes effect. The suspension will only cease on payment of the outstanding fee irrespective of any transfer or hearing which may take place.

9.9 Appeals against Licensing Sub-Committee Decisions

9.9.1 Following the hearing of an application by a Licensing Sub Committee the applicant or any objector has the right to appeal against the decision to the Magistrates Court within 21 days.

9.9.2 Where the appeal is brought by an applicant it will be the Licensing Authority’s usual policy to defend the Sub Committee’s decision. This is because the applicant is asking the Court to grant more than the Council deemed appropriate for the promotion of the licensing objectives.

9.9.3 Where an appeal is lodged by an objector following a Sub Committee hearing, the Licensing Authority will always be a “respondent” along with the licence holder. In such cases the Licensing Authority may choose not to be legally represented at the hearing of the appeal at the Magistrates Court. The licence holder as co-respondent may appoint legal representation.

9.9.4 Where an appeal to the Magistrates Court is not brought by an objector following a Licensing Sub Committee decision and problems relating to the promotion of the Licensing Objectives do subsequently arise residents can seek a formal Review of the licence. Anyone who wishes to consider this is advised to contact the Licensing service for further advice

9.10 Disapplication of Certain Mandatory Conditions for Community Premises

9.10.1 Where an application has been made by the management committee of a community premises (Church Hall, Village Hall etc) and the Chief Officer of Police issues a notice seeking the refusal of the application to include the alternative licence condition, the Licensing Authority must hold a hearing in order to reach a decision on whether to grant the application.

Page26 41 9.11 Variation of Licence to add a new Premises Supervisor

9.11.1 Every premises licence that authorises the sale of alcohol must specify a DPS. This will normally be the person who has been given day to day responsibility for running the premises by the premises licence holder. The only exception is for community premises which have successfully made an application to remove the usual mandatory conditions set out in the 2003 Act.

9.11.2 Only one DPS may be specified in a single premises licence, but a DPS may supervise two or more premises as long as the DPS is able to ensure that the licensing objectives are properly promoted and that each premises complies with licensing law and licence conditions.

9.11.3 The police may object to the designation of a new DPS where, in exceptional circumstances, they believe that the appointment would undermine the crime prevention objective.

9.11.4 Where the police do object, the licensing authority must arrange for a hearing at which the issue can be considered and both parties can put forward their arguments. The 2003 Act provides that the applicant may apply for the individual to take up post as DPS immediately and, in such cases, the issue would be whether the individual should be removed from this post. The licensing authority considering the matter must restrict its consideration to the issue of crime and disorder and give comprehensive reasons for its decision.

9.12 Immigration Act 2016

9.12.1 Section 36 of and Schedule 4 to the Immigration Act 2016 (the 2016 Act) amends the 2003 Act and introduces immigration safeguards in respect of licensing applications made in England or Wales on or after 6 April 2017. The intention is to prevent illegal working in premises licensed for the sale of alcohol or late night refreshment.

9.12.2 The statutory prevention of crime objective in the 2003 Act includes the prevention of immigration crime and the prevention of illegal working in licensed premises. Licensing authorities should work with the Home Office (Immigration Enforcement) as well as the police, in respect of these matters.

9.12.3 The Home Secretary (in practice Home Office (Immigration Enforcement)) is added to the list of responsible authorities in the licensing regime, which requires Home Office (Immigration Enforcement) to receive premises licence applications (except regulated entertainment only licences), and in some limited circumstances personal licence applications, and permits Home Office (Immigration Enforcement) to make appropriate representations and objections to the grant of a licence.

9.12.4 Immigration officers are permitted to enter premises which they have reason to believe are being used to sell alcohol or provide late night refreshment, to investigate whether immigration offences are being committed in connection with the licensable activity.

Page 4227 Entitlement to Work

9.12.5 Individuals applying for a premises licence for the sale of alcohol or late night refreshment must be entitled to work in the UK. This includes applications made by more than one individual applicant. An application made by an individual without the entitlement to work in the UK must be rejected. This applies to applications which include the sale of alcohol and the provisions of late night refreshment, but does not include applications which apply to regulated entertainment only.

9.12.6 Applicants must provide copies of Identification documents to verify their entitlement to right to work within the UK. The documents, which may be relied on in support of an application demonstrating an entitlement to work in the UK, are the same for the personal.

Page28 43 10.0 PART 3 COMBINED SPORTS & BOXING

10.1 Conditions relating to combined fighting sports and Boxing 10.1.1 In 2013 an Order amended the existing descriptions of regulated entertainment to make clear that both an indoor boxing or wrestling entertainment cannot also be an indoor sporting event, and that any contest, exhibition or display combining boxing or wrestling with one or more martial arts (‘combined fighting sports’) is – whether indoors or not – a boxing or wrestling entertainment.

10.2. Bare Knuckle Fighting (Boxing)

10.2.1 Bare knuckle boxing (“BKB”) can be considered as “boxing or wrestling entertainment” under the Licensing Act 2003. Boxing is regulated entertainment under the Licensing Act, both indoors and outdoors. So whether an event can go ahead, or not, is primarily a licensing question.

10.2.2 A licensing authority would need to consider the licensing objectives in determining whether to grant a Premises Licence for a BKB event. However, Hansard at the time of the Licensing Bill shows that the Government at the time did not consider the health of the participants to be a factor for a licensing authority to consider when ensuring public safety is promoted. In other words it is not the job of a licensing authority to make boxing safer for the boxers. However, the degree of violence and the likelihood of serious injury to the boxers could still be factors for a licensing authority to consider in assessing an application.

10.2.3 More relevant are the licensing objectives in relation to preventing disorder and public nuisance. The crowds at boxing events have generally been considered more of a threat to these objectives than performances of other martial arts, which is why indoors and outdoors boxing has historically been licensed. Licence conditions could be imposed to minimise the risk to the licensing objectives, including restrictions on the sale and consumption of alcohol, timing of the event and the provision of medical facilities.

10.2.4 Professional boxing in the UK is licensed by the British Boxing Board of Control (BBBC). The term ‘unlicensed fight’ often therefore refers to fights involving fighters of bouts not licensed or otherwise approved by the BBBC. Licensed fights must follow the guidelines set out by the BBBC (such as allowing knocked-down fighters time to get up, and the provision of medical services for injured boxers). Such fights have generally been deemed legal boxing contests; however it does not necessarily follow that all boxing events must be licensed by the BBBC to be legal. The BBBC is a national governing body for a sport. The BBBC does not condone or support Bare Knuckle Boxing.

10.2.5 In terms of the criminal law, the legality of boxing contests has grown out of the historical treatment of contests by case law. ‘Prize fighting’, akin to BKB, was considered illegal under public policy grounds in a 19th century case. However, the covering of the knuckles by cloth, and properly ordered rules, referees and medical staff arguably makes modern contests (such as Ultimate Fighting Championship) potentially legal.

Page 4429 However much depends on the circumstances of the fight and whether the degree of violence and injuries inflicted is excessive to the extent that the Police should put a stop to it and arrest the participants. Evidently, it is difficult for the Police to assess whether the degree of violence involved is criminal in advance. This is why bare knuckle boxing remains a legally grey area and why Responsible Authorities do not permit it.

10.2.6 In terms of an authorisation under the Licensing Act 2003, it is a matter for Hinckley & Bosworth Borough Council as the Licensing Authority.

10.2.7 Policy decision to promote the four licensing objectives under the licensable activity of boxing.

 No Bare Knuckle Boxing event will be permitted.

 No Bare Knuckle Combined Fighting Sport will be permitted.

 No event advertised or promoted as Bare Knuckle Boxing or Bare Knuckle Fighting will be permitted.

 Any person who has had any involvement in or has taken part in any contest, event or exhibition of a bare knuckle boxing or bare knuckle fighting will not be permitted to promote any boxing, fighting or sporting contest in this Borough.

10.3 Travelling Circuses

10.6.1 Travelling circuses will be exempt from entertainment licensing in respect of all descriptions of entertainment, except an exhibition of a film or a boxing or wrestling entertainment, where the entertainment or sport takes place between 08:00-23:00 on the same day, with no audience limit.

Page30 45 PART 4 – INTEGRATING STRATEGIES

11.0 OTHER MEASURES

11.1.1 Community Safety - The Council recognises its responsibility to address issues relating to crime and disorder and is committed to working together, with other partners, to make Hinckley & Bosworth Borough a safe and attractive area in which to live, work, study and socialise.

11.1.2 The Council has a duty under section 17 of the Crime and Disorder Act 1998 to exercise its functions with due regard to the likely effect of the exercise of those functions on, and to do all it reasonably can to prevent, crime and disorder in the borough.

11.2 Planning

11.2.1 Planning permission, building control approval and licensing regimes will be properly separated to avoid duplication and inefficiency. The planning and licensing regimes involve consideration of different (albeit related) matters. Licensing committees are not bound by decisions made by a planning committee, and vice versa.

11.2.2 There are circumstances when as a condition of planning permission; a terminal hour has been set for the use of premises for commercial purposes. Where these hours are different to the licensing hours, the applicant must observe the earlier closing time. Premises operating in breach of their planning permission would be liable to prosecution under planning law.

11.3 Cultural Strategy

11.3.1 The International Covenant on Economic, Social and Cultural Rights (ICESCR) which was ratified by the UK in 1976 recognises the right of everyone to take part in cultural life and requires that active steps are taken to develop cultural activity and ensure that everyone can participate in the cultural life of the community.

11.3.2 The strategy supports Hinckley & Bosworth Borough Council’s cultural offer for arts, children and young people services, events, health and wellbeing interventions, heritage, museums, play, sport and tourism. It seeks to enhance and enrich the lives of our residents and visitors to the borough via the delivery of a diverse range of high quality services through partnership engagement in our communities.

11.2.3 The Culture & Sport Strategy 2018 – 2023 has six delivery themes and each supports one or more of the council’s Corporate Plan 2017 to 2021 themes aligned to People, Places and Prosperity. This policy will seek to maintain a balance between regulation and supporting cultural activity.

Page 4631 11.4 Promotion of Equality

11.4.1 The Licensing Authority recognises that the Equality Act 2010 places a legal obligation on the Council to have due regard to the need to eliminate unlawful discrimination, harassment and victimisation; to advance equality of opportunity; and to foster good relations, between persons with different protected characteristics. The protected characteristics are age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

11.4.2 The Licensing Authority also recognises that this policy should promote equality in a wider sense and has therefore assessed the potential impact on a variety of groups. It has considered and consulted with this in mind.

11.4.3 The Licensing Authority will implement the following actions, which have been identified as being necessary to promote equality, and within the scope of the Act and supporting guidance:

 The licensing policy and associated documents will be available on the internet, and in other formats upon request.

 Multi-language sections may be included in all leaflets upon request.

 The licensing objective of protecting children from harm will be promoted.

 Support may be offered to licence applicants, licence holders and potential objectors who feel socially excluded.

 Action will be taken to endeavour to ensure the safety of vulnerable people in licensed premises.

11.4.4 The Licensing Authority is aware that there may be particular sensitivities of certain buildings, for example religious buildings, to certain licensable activities taking place in close proximity. Where the impact does not affect the promotion of the licensing objectives, there may be other control mechanisms, such as the planning system, that could be applicable.

11.5 Access for Disabled People

11.5.1 The guidance supporting the Act advises that conditions relating to disabled access should not be attached to licences, as this would duplicate existing statutory requirements. The Licensing Authority therefore takes this opportunity to remind operators of premises of their duties under the Equality Act 2010. The law provides that any person providing facilities, goods or services to the public must make reasonable adjustments to enable disabled people to access the service.

Page32 47 11.6 Tourism & Local Economy

11.6.1 The Licensing Committee will receive copies of reports concerning the local tourist economy and the cultural strategy for the Borough whenever the relevant executive portfolio holder presents them to the Licensing Committee. The Licensing Authority will ensure that when it considers applications for licences for entertainment involving live music, dancing, cinema, and street arts it will act so as to promote the licensing objective of preventing public nuisance.

11.6.2 The Licensing Authority recognises that there is a need to encourage and promote a broad range of entertainment, particularly those activities identified above, because of the wider cultural benefits to communities. The potential for limited disturbance will therefore be balanced against these wider benefits. The Council as landowner (not as Licensing Authority) holds premises licences in its own name for appropriate community facilities in its ownership, to reduce the burden on others who wish to make use of community facilities for licensable events. The Council has encouraged other public and voluntary sector landowners of community facilities (e.g. parish councils, the County Council) to adopt a similar approach.

11.6.3 As per paragraph 11.6.2 this could include, green spaces, parks, town centre etc. Performers and entertainers would require permission from the Council, as the premises licence holder, to use these spaces for regulated entertainment.

11.7 Transport

11.7.1 Transport Strategy is set out in the Local Transport Plan (LTP) under Leicestershire County Council procedures; local highway authorities prepare their plans integrating strategies that links all modes of urban and rural transport and currently runs until 2026. It is proposed to monitor the plans through annual progress reports to ensure they deliver the aims and objectives of regional planning guidance and Leicestershire’s structure plan.

11.7.2 The LTP policies seek to ensure that alternatives to the use of the private car are available; these alternatives include walking, cycling and public transport (bus, rail and taxi). They are operated in conjunction with land use policies to seek to ensure that development takes place in locations where these alternatives can be best provided; the Town Centre is naturally one of these locations, particularly with regard to public transport.

11.7.3 Taxis provide a key role in transporting people, particularly at times when bus services are not well provided. Taxi ranks are provided where demand is identified, and include both 24-hour ranks and ranks, which operate only at night.

11.8 Health and Safety

11.8.1 All premises in the Borough fall to either the Council’s Environmental Health Officers or the Heath and Safety Executive Inspectors for the enforcement of the Health and Safety at Work etc Act which places a range of general and specific duties on employees, employers, operators of venues and members Page 4833 of the public. Matters arising out of the Act and associated Regulations will not be the subject of conditions unless they are necessary for the promotion of the Licensing Objectives.

11.9 Fire Safety

11.9.1 Each licensed premises is required by law to provide a written fire safety risk assessment of their premises to comply with The Regulatory Reform (Fire Safety) Order 2005, this risk assessment should include safe occupancy limits. Leicestershire Fire Service is the Responsible Authority for this area, further information can be found via this link https://leics-fire.gov.uk/your- safety/at-work/licenced-premises/

11.10 Food Hygiene

11.10.1Premises selling alcohol and/or premises engaged in a food business will be registered with the Council and subject to risk-based food hygiene inspections at regular intervals. No further licensing consideration will apply.

11.11 Public Health

11.11.1 The Licensing Authority recognises the role of the Director of Public Health acting in its role as a Responsible Authority. Public Health can make representations in response to either a full licence application or an application for a variation in the conditions of an existing licence. They can also call for the review of a licence if they feel it breaches a licensing objective. Any representation must relate specifically to the premises in question and cannot be a general objection.

11.12 Noise

11.12.1 Statutory and public nuisances are dealt with by Environmental Health under the Environmental Protection Act 1990 and associated legislation. In addition, there is also provision in the Environmental Protection Act for an individual to take a private action against noise nuisance. Public order matters such as noise from people in streets, open spaces, traffic matters etc. are dealt with by the police.

12.0 Enforcement

12.1.1 We will support businesses to help them comply with the law but view offences and breaches of licence conditions seriously.

12.1.2 The Licensing Authority will make arrangements to monitor premises and take appropriate enforcement action to ensure this. The Licensing Authority works closely with the Police and has established protocols to ensure efficient deployment of officers engaged in enforcing licensing law and inspecting licensed premises.

Page34 49 The enforcement action will be:

 Targeted toward those premises presenting the highest risk  Proportional, to the nature and seriousness of the risk those premises present  Consistent, so that we take similar approaches in similar situations  Transparent, so those who are subject to enforcement action know what to expect  Accountable, so that we take responsibility for our actions.

12.1.3 Licensing officers will investigate all complaints alleging breaches of the Act or licence conditions and act on all sources of reliable intelligence (including local residents and businesses) with a view to establishing if offences have been committed.

12.1.4 Such matters may include:

 Unauthorised licensable activities or breach of licence conditions  Allowing disorderly conduct on licensed premises  Sale of alcohol to children and the consumption of alcohol by children  Sale of alcohol to a person who is drunk  Child protection issues

12.1.5 Where licensing officers have such evidence they have a range of enforcement options including:

 Offering advice /guidance (verbal or written)  Informal written warnings  Formal cautions  Prosecution  Review of Premises Licences  Closure Notice

The Licensing Authority encourages a graduated approach to enforcement as set out in the Environmental Health enforcement policy however in the cases of offences relating to:-

1. The deliberate and persistent provision of unlicensed activities. 2. Persistent underage sales. 3. The use of licensed premises in connection with criminal activity. 4. Allowing disorderly conduct on licensed premises. 5. Delivering alcohol to children. 6. Allowing the sale of alcohol to children.

It is the expectation that Formal Action (including Fixed Penalty Notices, Formal Cautions, Reviews and or Prosecution) will be the preferred approach.

Where Members of a Licensing sub-committee hear an application to ‘Review’ a licence they will give appropriate consideration and weight to the relevant representations and evidence as well as the decision of the High Court in Bassettlaw District Council v Worksop Magistrates Court 5008 EWHC 3530

Page 5035 (Admin), that deterrence is an appropriate consideration when dealing with Reviews where that has been activity in connection with criminal activity.

13.0 Early Morning Restriction Orders (EMRO)

The power conferred on licensing authorities to make, vary or revoke an EMRO (or propose to take any of these steps) is set out in sections 172A to 172E of the Licensing Act 2003. This power enables a licensing authority to prohibit the sale of alcohol for a specified time period between the hours of 12am and 6am in the whole or part of its area, if it is satisfied that this would be appropriate for the promotion of the licensing objectives. EMROs are designed to address recurring problems such as high levels of alcohol related crime and disorder in specific areas at specific times; serious public nuisance and other instances of alcohol related anti-social behaviour which is not directly attributable to specific premises. An EMRO:

 Applies to the supply of alcohol authorised by premises licences, club premises certificate and temporary event notices;  Applies for any period beginning at or after 12am and ending at or before 6am.

 It does not have to apply on every day of the week and can apply for different time periods on different days of the week;

 Applies for a limited or unlimited period (for example, an EMRO could be introduced for a few weeks to apply to a specific event);  Applies to the whole or any part of the licensing authority’s area  Will not apply to any premises on New Year’s Eve (defined as 12am to 6am on 1 January every year);  Will not apply to the supply of alcohol to residents by accommodation providers between 12am and 6am, provided the alcohol is sold through mini- bars/room service; and  Will not apply to a relaxation of licensing hours by virtue of an order made under section 172 of the Licensing Act 2003. Before a licensing authority determines to recommend that the full council make a proposed EMRO, it should be satisfied that it has sufficient evidence to demonstrate that making the EMRO would be appropriate for the promotion of the licensing objectives. The licensing authority should consider evidence from partners, including responsible authorities and local Community Safety Partnerships, alongside its own evidence, to determine whether an EMRO would be appropriate for the promotion of the licensing objectives.

An EMRO is a tool which will prevent licensed premises in the area to which the EMRO relates from supplying alcohol during the time at which the EMRO applies. The licensing authority should consider whether other measures may address the problems that they have identified as the basis for introducing an EMRO.

Page36 51 These measures might include:

 Introducing a cumulative impact policy;  Reviewing licences of specific problem premises;  Encouraging the creation of business-led best practice schemes in the area. It is the intention of the licensing authority to support businesses, whilst ensuring the promotion of the licensing objectives. However where this has deemed to fail then an EMRO could be considered as a possible solution.

14.0 Late Night Levy

The legislative provisions relating to the late night levy are not part of the Licensing Act 2003 but are contained in Sections 125 to 139 of the Police Reform and Social Responsibility Act 2011.

The Late Night Levy is a power, conferred on Licensing Authorities by provision in Part 2 of the Police Reform and Social Responsibility Act 2011. This enables licensing authorities to charge a levy to persons who are licensed to sell alcohol late at night in the Authority’s area, as a means of raising a contribution towards the costs of policing the late-night economy.

The Levy is a power and the Government has recognised that some licensing authorities will not consider that it is appropriate to exercise it.

The decision to introduce the levy is for the Licensing Authority to make. However the Licensing Authority will keep the need for a levy under review in consultation with the Chief Officer of Police and Police and Crime Commissioner (“PCC”) for the police area.

When considering whether to introduce a levy the Licensing Authority notes that any financial risk (for example lower than expected revenue) rests at a local level and this will be fully considered prior to making any decision about local implementation.

If the Licensing Authority decides to give further consideration to the introduction of a levy in the future, it will do so in accordance with the relevant regulations and with reference to any relevant guidance issued by the Home Office.

Any decision to introduce, vary or end the requirement for the levy will be made by the Full Council. Other decisions in relation to the introduction and administration of the levy would be delegated to the Licensing Committee.

Page 5237 APPENDIX A

The proposed area is shown below and is described as the area being bounded by and includes the following roads or streets and all streets within in it.

Page38 53 This page is intentionally left blank Agenda Item 11

Council 15 December 2020

Wards affected: All Wards

Refresh of the Rural Strategy for the Borough

Report of Director Community Services

1. Purpose of report

1.1 To present the refreshed Rural Strategy for the Borough

2. Recommendation

Members:

2.1 Note and endorse the proposed refreshed Rural Strategy and supporting appendices document

3. Background to the report

3.1 The attached Rural Strategy has been refreshed following extensive consultation with Parish Councils via a series of visits to each one by the Executive Member lead and officers

3.2. As well as seeking feedback on the high level Rural Strategy, it was also agreed that each Parish Council would be asked to detail their community’s top ten issues, to be captured in a supporting appendices document. This supporting evidence will provide a comprehensive record of the issues of most importance to our Parishes, as well as highlight areas of commonality across the Borough.

3.3. The review was undertaken between June 2019 and January 2020, with a draft version of the refreshed strategy and supporting appendices presented at the annual rural conference on 5th March 2020.

3.4. Parishes were invited to feedback any final comments or amendments by 8th April, this was subsequently extended to 26th June, given Parishes were

Page 55 06/16 responding to other priorities arising from the pandemic outbreak and lock down arrangements at this time.

3.5. The refreshed Strategy and supporting appendices document, will help to inform the rural work programme in supporting Parishes, in the immediate and longer term, as well as provide an evidence base to help inform any key funding or resourcing decisions for the Borough Council.

3.6. It should be noted that it was made clear at the outset of the review, that priority issues identified by Parishes, would not necessarily be the direct responsibility/under the jurisdiction of the Borough Council, but gave our commitment to work with our key partners to explore options and opportunities, as well as supporting and enabling Parishes to resolve issues themselves where ever possible.

3.7. The review outcomes will be considered by officers with a view to identifying any immediate areas that could be addressed, within existing resources.

3.8. As in previous years key outcomes arising from the work programme, will be presented at the annual Rural Conference.

3.9. The refreshed Rural Strategy and supporting appendices are attached at Appendix 1

4. Exemptions in accordance with the Access to Information procedure rules

4.1 None to be taken in open session.

5. Financial implications [IB]

5.1 Although there are no implications arising directly from the report, future implications arising from working with parishes will require approval in accordance with financial procedure rules.

6. Legal implications (MR)

6.1 Section 1 of the Localism Act 2011 empowers the Council to do anything that individuals generally may do including the power to do it for, or otherwise than for, the benefit of the Council, its area or persons resident or present in its area

7. Corporate Plan implications

7.1 Contributes to the Corporate Plan Place priority.

8. Consultation

8.1 Consultation has taken place with all 24 Parish Councils.

Page 56 06/16 9. Risk implications

Management of significant (Net Red) risks Risk description Mitigating actions Owner Due to Covid 19 the work Look at alternative ways Edwina programme and approach to of engagement using Grant delivery during Spring/Summer virtual forums for has not taken place Autumn/Winter

10. Knowing your community – equality and rural implications

10.1 The rural strategy refresh and supporting appendices affects all communities and areas of the Borough, and has been informed by all 24 Parishes

11. Climate implications

11.1 The Rural Strategy and subsequent rural work programme and delivery, will take full account of the priorities and commitment of the Borough, as set out in the Climate Change Strategy.

12. Corporate implications

12.1 By submitting this report, the report author has taken the following into account:

- Community safety implications - Environmental implications - ICT implications - Asset management implications - Procurement implications - Human resources implications - Planning implications - Data protection implications - Voluntary sector

Background papers: None

Contact officer: Edwina Grant, 01455 255950 Executive member: Cllr M Cartwright

Page 57 06/16 This page is intentionally left blank A Rural Strategy for the Borough of Hinckley and Bosworth 2020 to 2023

Introduction - This strategy sets out the key high level priorities for rural areas of the borough, underpinned by key actions, with the impact and outcomes presented at the annual Rural Conference.

n To enable Parish Councils to have a voice in informing rural priorities for the borough Purpose of our n To ensure issues of importance for rural communities are given equal opportunity for promotion, support and action

Rural Strategy n To ensure further growth and development strengthens the wellbeing and prosperity of the borough’s rural communities n To maximise opportunities to enable access to services and facilities

The Vision for our To secure distinct, diverse and prosperous rural communities in Hinckley & Bosworth Rural Borough

Our Strategic Aims n Inclusive, sustainable rural communities, where everyone has the opportunity to participate, and can access the services and facilities they need n An environmentally and economically sound rural borough where the needs of farming, conservation and development are appropriately balanced n Residents feel supported to take ownership and drive improvements in their own communities n Ensure our rural communities can be safe and welcoming for residents, visitors and businesses

Page 59 Our Priority Themes and Focus:

n To ensure the ongoing development, delivery and access to services and Access to services and facilities at a local level 1 n Focus HBBC grant funding to support priority parish and community initiatives, facilities based on evidence of need n Enable parishes to support/promote and deliver activities for children and young people, including the rural Snap Dragon festival and rural play sessions n Work with rural schools in relation to democracy related activities n Provision of help and advice on usage of green space provision and healthy activities for adults n Continue to ensure new development makes provision for local facilities and infrastructure to enable communities to continue to be sustainable through the planning process n Manage development in rural communities through the Local Plan process

n To enable parishes to have a voice in relation to any transport reviews undertaken n To enable parishes to work with Leicestershire County Council in the Facilitation of transport identification and implementation of local community transport solutions 2 solutions n To work with the voluntary and community sector to map and promote community transport opportunities

n In partnership with the Rural Communities Council support parishes with the Promoting Neighbourhood Development Planning process, or the development of a 3 Neighbourhood Planning Community led Parish Plan n Engaging parishes in the development of the local plan

n Housing development that encourages community engagement/community 4 Rural housing delivery led housing schemes n Housing development that is supported by appropriate infrastructure improvements n Continue to deliver a rural housing enabler service, to include an evidence based approach to inform housing needs, site identification and engagement with parishes and communities. n Affordable housing need to be informed by local Housing Needs Surveys, and to include: open market starter homes and retirement bungalows in rural hamlets where therePage is an evidence 60 of need Our Priority Themes and Focus:

n Continue to work with parishes in identifying and adopting Public Space Protection Order sites n Protection and To support parishes and their communities to deliver on climate change 5 initiatives and improvements, including enabling access to appropriate enhancement of the grant funding rural environment n Continue to manage and deliver a comprehensive environmental health, protection and inspections programme including: premises food hygiene rating, food hygiene inspections, infectious disease investigation, pest control and licensing

n Explore and promote opportunities arising from the UK Shared Prosperity Fund to support rural enterprise Economy, Farming, 6 n To direct rural businesses to appropriate business advice and services Enterprise and Tourism n Support the delivery of the Tourism Growth Plan 2020–2025, to enable tourism growth across all parishes in the borough, and continue to support the Hinckley & Bosworth Tourism Partnership n To ensure the effective engagement of the farming community in the development of planning and development policies in respect of, countryside development, including green energy production, diversification and food production

n To continue to support and enable parishes to take enforcement actions in Community Safety relation to environmental nuisance issues e.g. planning breaches, noise 7 nuisance and dog fouling and Rural Crime n Work with volunteers and parishes to help tackle and reduce speeding and parking related issues n Continue to promote ‘neighbourhood’ link in rural communities and other timely reporting mechanisms for crime and disorder n Raise awareness through parishes of the funding opportunities available to volunteers to support community activities

Community n The overall aims and outcomes of this Strategy will be achieved through 8 empowerment and joint working with all our key partners – statutory, business, and voluntary action through & community sector, with delivery plans aligning to relevant national, countywide and local plans partnership working Page 61 A Rural Strategy for the Borough A511 Markfield of Hinckley and Bosworth B585 Stanton Field Head underbardon A50 B585 Bagworth M1

Norton Juxta As hby Thornton Twycross Canal Nailstone Groby Merry Lees Odstone Barlestone Shackerstone Newbold Ratby Barton in Osbaston Heath Twycross Bilstone the Beans Botcheston Carlton Newtown Unthank Orton on the Congerstone Newbold B585 B582 Hill Wellsborough Verdon Desford Market

B4116 Sheepy Bosworth Cadeby Cross Hands Parva Far Coton Sheepy Shenton Peckleton Magna Sibson Sutton Kirkby Upton Mallory Pinwall A444 Cheney Atterton Stapleton Ratcliffe Culey Earl Shilton Dadlington A447 Fenny Barwell Witherley Drayton Stoke Golding A5 A47 Lindley Hinckley Higham on the Hill Burbage

Hinckley & Bosworth Borough Council Rural Strategy encompasses 51 settlements divided into 24 parished areas • Atterton • Desford • Newbold Heath • Sheepy Magna • Bagworth • Earl Shilton • Newbold Verdon • Sheepy Parva • Barlestone • Far Coton • Newtown Unthank • Shenton • Barton in the Beans • Fenny Drayton • Norton Juxta Twycross • Stanton-under-Bardon • Barwell • Field Head • Odstone • Stapleton • Bilstone • Groby • Orton on the Hill • Stoke Golding • Botcheston • Higham on the Hill • Osbaston • Sutton Cheney • Burbage • Kirkby Mallory • Peckleton • Thornton • Cadeby • Merry Lees • Pinwall • Twycross • Carlton • Lindley • Ratby • Wellsborough • Congerstone • Market Bosworth • Ratcliffe Culey • Witherley • Cross Hands • Markfield • Sibson • Upton • Dadlington • Nailstone • Shackerstone Further information For more information please contact: Edwina Grant, Strategic & Community Planning Manager tel 01455 255950 email [email protected] Tracy O’Grady, Community Planning Officer tel 01455Page 255818 62 email [email protected] A Rural Strategy for the Borough of Hinckley and Bosworth - Appendices

Issues

Parish and settlements 1. Education: Bagworth does not have a school and all pupils are forced to travel to Bagworth and neighbouring villages 2. Traffic: All of our area suffer from LGV's breaking the 7.5t limit to get to neighbouring Thornton Parish industrial estates, and speeding traffic. Parking problems occur because of visitor numbers villages of: wanting to access the countryside footpaths. Failure of planners to future proof current developments there is a knock-on effect resulting in parking on pavements, junctions and on Bagworth, Merry Lees occasions blocked by refuse bins and Thornton 3. Health Services: None of our villages have doctor or dentist surgeries and the surgeries that are available in neighbouring villages have waiting lists 4. Neighbourhood Plan: A plan is currently being drawn up 5. Community Centres: Sure Start Services are under threat through lack of investment. Pre-school short fall in central government funding 6. Planning: The area surrounding our Parish is being swallowed up by huge industrial estates which rely on B-class country roads for access from the motorway system for HGV's. Needs to be some collective thinking by all relevant departments before any more development takes place 7. Open Spaces: Continually under threat from development 8. Policing: So few police to patrol a huge area results in very little policing in our villages. Ongoing consistent problems are not sufficiently dealt with at the time so continues to escalate 9. Communication provisions: Mobile and broadband reception extremely poor infrastructure 10. Public Transport: There are no passenger services on the railway line at present. It's impossible to reach essential health services by public transport from our villages

1. Road Safety – poor parking around school, side roads, corners of roads, junctions and Barlestone pavements, all in direct violation of regulations but no enforcement from local policing, no strategy to encourage those with driveways to use them. Install car parking verges on Bosworth Road next to The Roundhouse Spinney 2. Traffic Management/Speeding – Barton Road and Newbold Road need urgent traffic calming, especially around the school. CCTV on school crossing would help enforcement/act as a deterrent re speeding and parking near school. Introduce powers to enable village warden to issue traffic management fines. Introduction of a one way system towards Newbold Verdon from The Roundhouse and continuation of 40 mph limit 3. Public transport – ongoing reduction in services impacts on accessing services and To work in Partnership particularly on young people accessing colleges around the County, as well as isolating some to Fulfil the Economic members of the community Potential of the Area4. Crime – an increase in police visibility would help to address main problem of anti social behaviour, regular visits to Parish meetings would help the community feel safer 5. Street Lighting – since changes to having zones in darkness at certain times and LED lights there has been an increase in thefts in targeted areas that are unlit 6. Off Road Parking/Safe zone – village centre, coop and pub most frequently used place so appropriate parking needed, small island could help access around coop, alongside better restrictions/enforcement 7. Accessibility – need help with providing accessible routes to public areas such as May Meadow and footpath between Smith Close and Newbold Road. No safe route for children from Little Mill Close to Gregory Road to access park, permanent reinstatement of access from the school to the Glebe, with simple secure fence and lit access would resolve this problem 8. Renew the CCTV system in Bosworth Road and install new system in the Community Centre 9. Refurbish the Roundhouse area into a village community area 10. Support the introductionPage of a Community 63 Garden allotment A Rural Strategy for the borough of Hinckley and Bosworth - Appendices

Issues

Parish and settlements 1. Lack of Police Presence Barwell Parish 2. Parking 3. Littering /Dog fouling, and overgrown verges 4. Undeveloped Sites i.e.Top Range and Island House 5. Need More Litter bins 6. More activities for Youths / Tackle Drugs and Anti-social behaviour 7. Speeding 8. Lack of affordable housing 9. Lack of Library 10. Electric Car Points

1. Broadband should be considered one of the normal services which are delivered with all new Burbage housing schemes. As more people are working from home, streaming and downloading is now an expectation of residents 2. Crime – has received an increased profile over the last couple of years, in part due to village proximity to the M69 and A5 allowing rapid exit for opportunist offenders. Loss of all night street lighting has increased the unease of many residents 3. Education – Burbage children should have access, where desired, to good schools, located within Burbage for both primary and secondary education to age 16 years 4. Encouraging local shopping – local shops are an important element of village life, together with access to a vibrant Hinckley town centre with a full range of shops, dining and entertainment provision 5. National rail freight interchange – this proposed interchange on the edge of Burbage Common would have a major detrimental impact on the environment of Burbage residents. In a recent survey of Burbage residents 95% supported the Parish raising concerns about this development 6. Over development/insufficient infrastructure – all development plans for Burbage and surrounding areas should recognise the need to maintain and improve where possible, residents access to basic infrastructure, including: adequate access to primary health services and education, ensuring open spaces and sport facilities are well maintained and meet the needs of residents, and where appropriate brought under the care of the Parish Council 7. Primary healthcare – residents extremely concerned that the provision of primary healthcare facilities should keep pace with increasing numbers of residents. The current expansion of Burbage surgery is welcomed, however, the location of the health centre is reaching capacity re volume of vehicles and parking provision 8. Public transport – comprehensive, economic and sustainable services are required not only for an ageing population and those with mobility limitations to maintain independence and community involvement, but also to offer a more environment friendly transport alternative to all residents 9. Rural atmosphere and access to countryside – retaining a strong rural atmosphere and a village identify remains a priority to residents. The Parish Council aims to protect, create and enhance our open spaces and historical elements of the village by encouraging sympathetic and sustainable designs in any future housing developments; as well as aiming to improve and develop the physical environment and creating an inclusive community work and leisure opportunities 10. Traffic – car parking should be considered and sufficient to meet the needs of residents and visitors, and should not inhibit traffic flow or cause safety issues for pedestrians, with maintained pavement routes for pushchairs, wheelchairs or mobility scooters. The village street infrastructure already suffers with congestion, pollution and speeding and should be at the forefront of any future planned and proposed residential, commercial and industrial development in andPage adjoining 64 the parish

A Rural Strategy for the borough of Hinckley and Bosworth - Appendices

Issues

Parish and settlements 1. Traffic – high speed limits on approach and through the village, shortcut for traffic including Cadeby Parish heavy vehicles and 159 bus 2. Planning

3. Highway concerns – verge potholes, verge debris, road markings, flooding

4. Quarry – noise and litter

5. Litter

1. The provision of a public meeting space with toilet and kitchen Carlton Parish 2. The acquisition of land for a playing field

3. The provision of open market starter and retirement homes

4. The provision of a safe off-road route between Carlton and Market Bosworth

5. Intensification of development and loss of garden land

6. Speeding traffic

7. Dog fouling

8. Provision of infrastructure to accommodate visitors to local attractions

9. Effects of reduction in funding for local policing

10. Access to GPs and health care

Page 65 A Rural Strategy for the borough of Hinckley and Bosworth - Appendices

Issues

Parish and settlements 1. Rural crime – burglary etc, anti-social behaviour (vandalism of street furniture and play Desford Parish equipment on recreation grounds) – police visibility villages of: 2. Drugs/county lines/cuckooing Desford, Botcheston 3. HGV’s breaching 7.5t limits, speeding traffic – lack of enforcement and Newtown Unthank 4. Parking enforcement, indiscriminate parking, road obstructions, shop delivery vehicles obstructing traffic flow, lack of parking in village centre

5. Maintenance of pavements, jitties and dropped kerbs

6. Bus service – no Sunday service and no late buses

7. Lack of sufficient open spaces and maintenance of existing open spaces

8. Lack of youth provision facilities

9. Lack of opportunity to enrol at local medical, dental practices and local schools

10. Adoption of new estates by HBBC and LCC

1. Investment in the Town Centre Public Realm adjacent to Wood St car park and ensure S106 Earl Shilton contributions are targeted towards the public realm and not just parks play equipment Town Council 2. Find satisfactory short, medium and long short term satisfactory solutions for all stakeholders including the GRT community in relation to the Dalebrook Farm Gypsy, Romany and Traveller site planning application 3. Deliver on the Earl Shilton Sustainable Urban Extension to enable the Town and the Borough to benefit from a well thought out, planned, sensitive and sustainable estate which is truly part of the town. 4. Bring about a worthwhile and community supported use of the redundant Barrow Hill Quarry, and gain maximum support for the opposition of its use as a landfill and reclamation site 5. Deliver on the ESTC office re-location which will be embedded in the Town’s Public Library in the heart of Earl Shilton, alongside the welcome re-instatement of public toilets in the Town 6. To seek support via the Town Team Working Group in securing an appropriate premises to act as a hub for the ESTC Groundcare Team, and possibly a conjoint community facility which could for example offer a long term and affordable home for the award winning ES Amateur Boxing Club

Page 66 A Rural Strategy for the borough of Hinckley and Bosworth - Appendices

Issues

Parish and settlements Please note the issues identified below were submitted in no particular order of preference: Groby Parish 1. Provision of primary education villages of: 2. Transport Groby and Field Head 3. Retail regeneration

4. Parking

5. Health & Social Care provision

6. Sports and Green spaces

7. Street lighting

8. Anti social behaviour

9. Environmental issues

10. Provision of homes

1. Speed of traffic – Despite previous introductions of traffic calming measures which include Higham on the the installation of two chicanes, a 20mph speed zone and illuminated 30mph speed signs on Hill Parish entering the village, we are subjected daily to traffic travelling at excessive speeds 2. Volume of traffic – With the new building that has taken place in Nuneaton and Bedworth and villages of: North Warwickshire, and the continued and worsening congestion on the Dodwells Bridge Higham on the Hill island, traffic has increased greatly in the last 12 months alone and Lindley 3. Footpaths – Need to ensure they are fit for purpose and accessible to all residents. Some of our paths are narrow too which links in to 1 and 2 above from a safety aspect 4. Community Space – we have no village hall and our community centre was given to the primary school by LCC. We would very much like help in retaining or being able to build/purchase a space for the community 5. Community Activities – We would like to be able to encourage activities for both young and old 6. Village Shop – we would like to ensure that our village shop is retained as we are approximately 2 miles from the nearest supermarket 7. Allotment Holding – Currently there are allotments on Nuneaton Lane on land owned by the Church however we would like to help encourage the community to get involved more 8. Bus Service – We do have a service which we are grateful for and wish for this to continue as many of our residents would be unable to leave the village if it were to stop 9. Road surfaces – again linked to 1 and 2 above, the condition of our roads, especially Main Street, is deteriorating quite badly and also sinking giving rise to regular areas of flooding 10. Weight restriction monitoring – linked to 9 and 2 above. We are experiencing greater volumes of HGV’s that are trying to avoid the continuous queuing traffic on the A5 from the Higham Lane roundabout to Dodwells Bridge roundabout

Page 67 A Rural Strategy for the borough of Hinckley and Bosworth - Appendices

Issues

Parish and settlements 1. Increasing volume of HGV traffic on our rural roads - increasing air pollution and Markfield Parish environmental harm serving inappropriate warehousing developments 2. The lack of clear and effective planning enforcement 3. Inconsiderate parking and lack of parking enforcement and provision of effective restrictions on highway verges 4. Lack of a safe walking and cycling route to South Charnwood High School 5. Continuing pressure for inappropriate Industrial development in open countryside which should be resisted 6. A lack of investment in the core village centre 7. A need to promote the open countryside around the village and being more creative in our relationship to the Charnwood and National Forest 8. A need to continue to invest and improve the provision of leisure and recreational facilities 9. Address the lack of forward planning and joined up planning between LCC and HBBC regarding maximising any infrastructure gains 10. Improve the level of community policing and restore the local policing unit with a physical base in the community

1. Traffic control – parking infringements and lack of enforcement, congestion around schools, Market Bosworth speeding, 1 way system contravention, poor driver behaviour, pedestrian safety Parish 2. Local facilities and employment – lack of full time post office facility, threats to other villages of: amenities such as library, bank, bus services, cash machines poor broadband speed and Market Bosworth and reliability Far Coton 3. Planning matters – slow delivery of Neighbourhood Plan, building development control, protection of rural nature of Market Bosworth, lack of/threats to infrastructure – roads, pavements, green space, etc 4. Dog fouling 5. Long waiting time for GP appointments and access to medical facilities 6. Loneliness and isolation and particularly for the elderly 7. Crime and policing – need for CCTV in the town centre 8. Tourism – lack of tourism information, but also need recognition promotion of tourism as a key economic growth area requires consideration of impact on infrastructure, transport and unexpected consequences for communities 9. Lack of suitable housing 10. Availability of schools places in Market Bosworth, schools for Market Bosworth residents

Page 68 A Rural Strategy for the borough of Hinckley and Bosworth - Appendices

Issues

Parish and settlements 1. The development of a neighbourhood plan for 5 year land supply, needs assessment and Nailstone Parish alignment with the conservation area status. Undertake historical impact assessment and desk top archaeological reports to align with 5 year land supply. Protect village settlement boundaries and green wedge 2. A designation of green open space within the village boundary and to land immediately adjoining. Assistance with funding and land allocation for community allotments 3. No consistency with planning applications despite being in a conservation area. Have greater consideration for application of 106 contributions 4. Listed protection of important agricultural buildings being utilised or dormant for these are historical interests and align with the culture of the Parish. Complete visual landscape assessment to identify and protect important views and aspects for important listed buildings 5. Access to regeneration grants to maintain important historic public buildings such as All Saints church and The Bull public house 6. Undertake traffic monitoring surveys to assess impact of new industrial developments on infrastructure. Introduction of traffic calming measures through the village and support with enforcement of speeding, HGVs, inconsiderate parking, etc 7. Ecological surveys to understand important natural habitats, wildlife assessments and look for improvement of biodiversity 8. Poor bus service 9. Road sweeping / litterpicking - no consistency, if we were given a schedule for these operations then we could work with HBBC to make them more effective 10. An increase in police visibility and improved relationships would help deter crime and presence at council meetings would allow the public to feel safer and recognised

1. Traffic – managing the traffic, parking and speeding, there are pinch points around the village Newbold Verdon that are causing considerable concern 2. Support to reinstate the Lollypop service outside the local primary school, though being Parish spear headed by the local borough and county councillor more help is needed villages of: 3. Threat to the Bus services - many local residents need and rely on the services and without Newbold Heath and them many would be stuck without access to school or work Newbold Verdon 4. Support to access local auxiliary services for the GP - many services are now shared between practices and many residents struggle to get to the village where the services are now provided 5. Support to engage a youth worker to organise activities for the teenagers of the village 6. Support for older people within the village. Provide toilet facilities for the village 7. Policing within the village - antisocial behaviour along with known drug dealing activity which is dangerous to the on-going mental health and wellbeing of our young people and also causes concern amongst other residents 8. Support to organise a Dog Warden Service to share with other parishes 9. Funding for the Local Library increasing the services to include ones only currently accessed in Hinckley 10. Support in finding and funding a new local Cemetery Page 69 A Rural Strategy for the borough of Hinckley and Bosworth - Appendices

Issues

Parish and settlements 1. Repairs/rebuild all eroded roadside verges and improve/repair eroded road side surfaces

Osbaston Parish 2. Additional lighting to residential areas on Lount Road

3. Clean and clear overgrown pathways along side A447 and Lount Road

4. County to ensure all grassed areas adjacent to the Tollgate crossroads are cut/mowed and maintained to improve visibility and safety for vehicles executing right hand turns from Lount road onto A447

5. Highways to reduce A447 speed limit to 40mph at the Tollgate crossroad junction

6. Highways to reduce speed limit to 40mph on Lount Road from Osbaston House Farm to the Tollgate Crossroad

1. Potential encroachment from neighbouring developments – importance of retaining the Peckleton Parish integrity and character of villages villages of: 2. Lack of access to services – key services some distance away via unlit roads without pavements, plus limited and continuing reducing public transport Peckleton, Kirkby 3. Additional costs of local services formerly provided by LCC and HBBC – reduction /ceasing of Mallory and Stapleton street lighting, hedge and grass cutting, only affordable if Precept is increased 4. Broadband and mobile phone coverage – poor mobile phone coverage in certain areas, 3G not available in all areas, which will impact on retaining and attracting local businesses 5. Retention of viable social facilities – each village has a village hall, church and public house, which are essential assets for community gatherings, but village halls rely mainly on self funding and volunteers to sustain and maintain 6. Traffic, speeding and HGV’s – Quality of life affected by speeding cars and HGV’s transiting through main streets despite weight restrictions, as well as concerns about increased traffic volume due to proposed neighbouring industrial and housing developments 7. Availability of grant funding – reliant on continuing PCIF to maintain fit for purpose community facilities in each village 8. Influence on Local Planning – imperative that we are able to influence higher authorities about issues and developments that will affect our Parish 9. Rural Crime – a serious and ongoing issue is a perception of lack of police patrols and response in villages 10. The Parish Council – increasingly difficult to find people to serve as parish councillors, and particular concern about young people not coming forward

Page 70 A Rural Strategy for the borough of Hinckley and Bosworth - Appendices

Issues

Parish and settlements 1. Lack of parking spaces

Ratby Parish 2. Inconsiderate parking causing obstructions/congestion and parking on grass verges

3. Drugs debris etc., found in parks and hedgerows

4. HGVs breaking the 7.5 tonne weight restrictions and lack of enforcement

5. Anti-social behaviour

6. Criminal damage

7. Lack of Police presence

8. Insufficient infrastructure

9. Diminished bus service

10. Speeding vehicles- despite traffic calming/ signs – Lack of enforcement

11. Adoption of new building estates by HBBC & LCC

1. Public transport Shackerstone Parish 2. Traffic issues villages of: 3. Winter road treatments Barton in the Beans, 4. Grass cutting Bilstone, Congerstone, Odstone & Shackerstone

Page 71 A Rural Strategy for the borough of Hinckley and Bosworth - Appendices

Issues

Parish and settlements 1. Maintaining the rural characteristics of the Parish including landscape, green spaces as Sheepy Parish indicated in the Neighbourhood Plan villages of: 2. Neighbourhood Plan sustainability re green spaces, any land supply possible impact, adjacent Sheepy Magna, borough / HBBC development, local plan review Sheepy Parva, Sibson, 3. Focus on speeding and traffic calming measures across the Parish, to maintain safety 4. Concerned on the potential increased traffic within Parish for temporary diversions for other Wellsborough, Upton, road closures, and for construction traffic. Specific concerns: Pinwall and Cross Hands • HGV night closures • HS2 • JLR Development at Appleby Magna 5. Increases in rural crime including wildlife and farm animal, farming thefts and general rural crime (especially target crime from people outside of the area) 6. Knock on impacts to the Parish for increasing largescale developments along the M42 / A5 corridor (Logistics/ warehouse/ HS2) and adjoining Parish housing developments. Both during construction and beyond. (For example - Traffic, light, noise and air pollution, pressures on community facilities including school) 7. Flooding prevention and management 8. Risk of housing development in Parish that goes against the Neighbourhood Plan 9. Ongoing maintenance and investment to maintain if not improve facilities such as Broadband, electricity, water (includes consideration for electric vehicle increases, increases need and speed for data and the need for community facilities eg village halls etc) to have suitable broadband and WIFI provision 10. Maintaining, protection and improving community facilities including village halls, public houses, public transport, school (sized to accommodate any increased pressure from increased housing from adjoining Parishes) (Particularly call out The Cock Inn, Sibson)

1. Section 106 agreements - early consultation with Parish Councils Stanton-under- 2. Parish clerks are usually part time and more and more work is being asked of them. They do Bardon Parish not want to be bombarded with lightweight emails, thereby losing sight of important information. Items such as press releases and available financial grants could be sent on a weekly round robin (similar to LRALC).

3. Speeding traffic in villages

4. Fly tipping

5. Number of road closures

Page 72 A Rural Strategy for the borough of Hinckley and Bosworth - Appendices

Issues

Parish and settlements

1. Traffic congestion and parking around St Martins Catholic Academy Stoke Golding 2. Speeding traffic through Stoke Golding Parish 3. Housing – over development with inadequate infrastructure

4. Rural crime and reporting of figures

5. Convent Drive - open space/play area safety

6. Parking on grass verges and pavements

7. Poor state of pavements

8. Poor state of road surfaces

9. Dog waste not being picked up

1. Social health, especially combatting social isolation Sutton Cheney Parish 2. Speeding and traffic management, especially parking on double yellow lines villages of: 3. Better access to public transport, specifically Sutton Cheney

Sutton Cheney, 4. More litter bins Dadlington and Shenton 5. More public events as well as better notification about events

6. More interest from police when crimes are committed

7. Restriction of expansion and to preserve Dadlington as a separate entity from Stoke Golding

8. Better action on fly tipping

9. Heritage and tourism features need to be protected from development

10. Improvements needed on road near Canal Wharf – no lights, pavements and poor visibility on bend

Page 73 A Rural Strategy for the borough of Hinckley and Bosworth - Appendices

Issues

Parish and settlements

1. Ensure a 5 year land supply so that we are not a target for speculative housebuilding planning Twycross Parish applications villages of: 2. Support us on local planning and highways issues, particularly those which relate to housing Twycross, Orton on the and industrial development Hill and Norton Juxta 3. Ensure that the impact of HS2b is fully evaluated and mitigated at a local level Twycross 4. Recognise the strategic importance of Twycross Zoo, and help provide appropriate infrastructure 5. Respect the identity of our parish, which is predominantly a rural farming area 6. Help us to secure a significant developer contribution for the improvement of Twycross village hall 7. Continue to provide local funding streams such as PCIF and DCF 8. Support our 3 churches 9. Help us maintain and improve our play areas and green spaces 10. Support our local farming community during the Brexit transition process

1. Speeding traffic through all villages. The ever increasing traffic flow on rural lanes due to Witherley Parish housing and commercial developments in the wider area without any improvement to the villages of: road infrastructure e.g. traffic comes down Fenn Lanes because folks don’t want to get caught Atterton, Fenny Drayton, up at Dodwell’s roundabout Ratcliffe Culey and 2. Flooding, particularly Witherley, and increasingly Atterton Witherley 3. Improving footpaths, bridleways and stiles around the parish to aid parishioner’s wellbeing, link all of the tourism elements in the area together and enable local businesses to benefit from increased passing trade 4. Lack of public transport 5. Lack of superfast broadband in agricultural businesses 6. Improved Borough wide recycling aimed at removing organic waste from landfill 7. Parish Community Initiative Fund (PCIF) this is up to £12,000 per parish and valuable fund. We would hope this is continued as it is vital to support to rural groups 8. The Rural Strategy was agreed by parishes at the Rural Conference and should be retained and reviewed to ensure currency 9. Developing Communities Fund – this could be expanded to include smaller developments in the expanding villages

Page 74 A Rural Strategy for the borough of Hinckley and Bosworth - Appendices

Shared Issues and message of thanks Whilst this document has been produced to provide a comprehensive record of the many diverse and specific issues for parishes across our borough, it also highlights some key areas of commonality: Traffic management Public transport 17 of the 24 parishes (two thirds) highlighted problems with The current levels of public transport as they are, and the ever speeding through their villages, with 8 of the 24 parishes decreasing levels of the parish public transport provision is of making specific references to HGV/weight restrictions being concern raised by 12 of the 24 parishes (half), directly impacting ignored. on residents access to GPs, dentists, schools and colleges, health, Parking wellbeing and social activities. Irresponsible parking, specifically close to schools and village Other common themes include: centres, as well as a general lack of parking provision, is also a n Dog fouling and littering significant issue with 12 of the 24 parishes (half) specifically n The need for affordable/appropriate housing being the commenting on this issue. number of bedrooms, bungalows. ASB/Crime 11 of the 24 parishes stated that anti social behaviour and n Supporting/enhancing local parks and green spaces crime continues to be an issue, and in a number of areas n Importance of maintaining village identity exacerbated by the changes to street lighting to LED and n Appropriate infrastructure to support homes that have being switched off at night. already been built and any planned new development Police visibility and enforcement 9 of the 24 parishes are concerned about the lack of Police presence and the associated lack of enforcement as a result. The refreshed Rural Strategy, together with this appendices document will help to inform the rural work programme in supporting parishes, in the immediate and longer term, as well as provide an evidence base to help inform any key funding or resourcing decisions for the Borough Council’s administration and other key delivery partners.

Thank you to our Parish Councillors and Clerks As Executive member for Rural Parishes at Hinckley & and or place of work, but many of the issues they face right now Bosworth Borough Council I would like to thank all the are shared. parishes that welcomed both myself and officers as we visited Visits to the parishes took place over a nine month period each of you, in order to gain a full understanding of your between June 2019 and February 2020. issues, whilst completing the Rural Strategy review. The Rural Strategy was presented in draft form at the Rural Your information and feedback has provided very valuable Conference held at Twycross Zoo in March 2020. It should be information for the Borough Council and its partners in noted shortly after the conference the country entered into the understanding, not only what affects your parish in isolation onset of Covid-19, Coronavirus pandemic, with all the associated but how these issues are shared amongst your direct restrictions, that came in to place. Therefore, the pandemic is not neighbours and all the other parishes of the Borough Council. mentioned in any of the feedback from the parishes, as the The parish area of Hinckley & Bosworth represents a review exercise took place before the pandemic. The impact of significant geographical area of the Borough Council. The the pandemic on our parishes and communities, is being detailed map on the back page shows the 24 Parish Councils addressed as a separate entity through the Borough Council’s which in turn represent 51 different settlements between Recovery Plan. them. Each parish and settlement is unique and it’s residents Cllr Martin Cartwright, have their own reasons for choosing to make it their home, Hinckley & Bosworth Borough Council Executive Member for PageRural 75 Parishes. A Rural Strategy for the borough of A511 Hinckley and Bosworth - Appendices B585 Markfield

Stanton- Field Head under-bardon A50 B585 Bagworth M1

Forward timetable of consultation and decision making

SLT 1 December 2020 Council 15 December 2020

Wards affected: All wards

Review of the council’s constitution

Report of the Monitoring Officer on behalf of the Constitution Working Group

1. Purpose of report

1.1 To propose revisions to the council’s constitution.

2. Recommendation

2.1 The amendments listed in the appendices to the report be approved.

3. Background to the report

3.1 In September 2020 a working group was set up with the purpose of reviewing the constitution. Due to the focus being primarily on the process for public speaking at Planning Committee, the group consisted of:

Cllr Bray (Chairman) Cllr R Allen Cllr J Crooks Cllr Findlay Cllr Furlong.

3.2 The group met three times to review the constitution and draft its proposals. The proposed changes are contained in the appendices to this report. Amendments include changes to wording for legal purposes or in accordance with current practice, amendments to the scheme of delegation to take account of a restructure in the Housing service, inclusion of provision for urgent decisions and amendments to the arrangements for public speaking at Planning Committee. Appendix 1 contains a schedule of amendments. Appendix 2 shows the changes to the Planning Committee procedure rules.

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3.3 The changes that will impact members are those in relation to public speaking at Planning Committee. The proposed changes are:

 An increase in time allowed for public speaking with each ‘side’ being allowed five minutes to include as many speakers as they wish with the time being split as the speakers see fit  The addition of parish council representatives being invited to speak for two minutes  An increase in time allowed for a ward councillor to speak from two to five minutes  The removal of the option to ask questions of clarification of the public speakers – this will be dealt with by asking the questions of officers, who may defer to the speaker if they wish.

3.4 Provision for urgent decisions in the event of a local, national or international emergency or in certain circumstances following an election is proposed. The recommendation is that such decisions would be taken by the Chief Executive in consultation with the group leaders.

3.5 The constitution will be checked for any other typographical and grammatical errors which will be corrected before publication.

4. Exemptions in accordance with the Access to Information procedure rules

4.1 To be taken in open session.

5. Financial implications (IB)

5.1 None.

6. Legal implications (MR)

6.1.1 Paragraph 1.6 or part 1 of the constitution provides as follows:

(a) The Monitoring Officer will monitor and review the operation of the constitution annually to ensure that the aims and principles of the constitution are given full effect; and

(b) Changes to the constitution will only be approved by Council by a two thirds majority of those members present and voting on a report of the Monitoring Officer or of a working group of councillors appointed for that purpose.

7. Corporate Plan implications

7.1 The recommendations within this report support all corporate aims by ensuring decision making is carried out in accordance with legislation and the council’s constitution.

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8. Consultation

8.1 The Constitution Working Group, which is made up of representatives of all political groups on the Council, drafted these proposals.

9. Risk implications

9.1 It is the council’s policy to proactively identify and manage significant risks which may prevent delivery of business objectives.

9.3 The following significant risks associated with this report / decisions were identified from this assessment:

Management of significant (Net Red) risks Risk description Mitigating actions Owner Failure to maintain an up to date Ensure the document is J Kenny constitution regularly reviewed and updated

10. Knowing your community – equality and rural implications

10.1 Whilst this report does not impact any group more than another, it does aim to improve accessibility to democratic processes by expanding the public speaking provisions at Planning Committee and allowing parish council representatives to speak in that capacity.

10.2 This does not propose a new service or change so significant that it would require an equality impact assessment.

11. Climate implications

11.1 Amending the constitution in itself does not have climate implications. The majority of amendments proposed to the constitution would also not have an impact. Encouraging and increasing attendance at Planning Committee may have an impact but the temporary move to remote meetings during the coronavirus pandemic has shown that there are ways of involving the public that may not involve travelling to the physical meeting.

12. Corporate implications

12.1 By submitting this report, the report author has taken the following into account:

Page 79 06/16 - Community safety implications - Environmental implications - ICT implications - Asset management implications - Procurement implications - Human resources implications - Planning implications - Data protection implications - Voluntary sector

Background papers: None

Contact officer: Becky Owen, Democratic Services Manager, ext 5879 Executive member: Councillor S Bray

Page 80 06/16 APPENDIX 1 SCHEDULE OF PROPOSED CHANGES TO THE CONSTITUTION PARTS 1, 2f, 3c AND 3h

Part of Reference Current wording New wording & reason current (para or constitution section number) Part 1 Para 11.4 Any contract with the value exceeding £50,000 Remove “at least two” and replace with “one entered into on behalf of the local authority in the authorised” course of the discharge of an executive function shall be made in writing. Such contracts must either Reason: In accordance with the contract procedure be signed by at least two officers of the authority or rules that are already approved as part of the made under the common seal of the council attested constitution by the proper officer Part 2f Para 3.2 ‘Signing & sealing’ delegated to Chief Executive Move from 3.2 (Chief Executive) to a new 2.20 Page 81 Page section: (under Strategic Leadership Team) and amend ‘signing and wording to include reference to ‘sealing’: sealing’ The Chief Executive and directors will have authority to  Sign and seal documents in addition to the powers of other proper officers except where specific professional qualifications are necessary  Sign and seal notices notices and other documents related to functions which are deemed general powers of all committees  Publish and serve notices in addition to specific powers

Reason: Correction of previous omission Part 2f Para 3.2  Advise in respect of land or buildings  Advise in respect of land or buildings section: proposed to be acquired either by agreement proposed to be acquired either by agreement ‘compulsory or compulsorily under the Town and Country or compulsorily under the Town and Country purchase’ Planning Acts and related legislation Part of Reference Current wording New wording & reason current (para or constitution section number) Planning Acts and related legislation in consultation with the Legal Services Manager Reason: Consultation with the Legal Services Manager is not practical or necessary in practice Part 2f Para 3.2 New section to be inserted to give the Chief The Chief Executive has delegated authority to… Executive delegated authority in emergency Urgent decisions situations  In consultation with the political group leaders, take urgent decisions that are reserved for a particular council body in the event of a local, national or international emergency being called and the relevant body being unable to meet Page 82 Page  In consultation with the political group leaders, take urgent decisions following an election but prior to Annual Council in the event of a change in majority party or the Leader no longer being a member of the Council Part 2f Para 4.2  Decisions relating to legal or other interest in  Decision relating to legal or other interest in HRA land or buildings in consultation with the HRA land or buildings Legal Services Manager Reason: Consultation with the Legal Services Manager is not practical or necessary in practice Part 2f Para 6.2  Apply for an injunction in relation to a listed  Apply for an injunction in relation to a listed section: building in consultation with the Legal building Planning Services Manager Reason: Consultation with the Legal Services Manager is not practical or necessary in practice Part 2f Para 7.2  Validate and determine applications for  Validate and determine applications for compensation, determine applications for a compensation, determine applications for a review of compensation decision and conduct review of compensation decision and conduct proceedings for an appeal against a proceedings for an appeal against a compensation decision in relation to Part of Reference Current wording New wording & reason current (para or constitution section number) Community Right to Bid in consultation with compensation decision in relation to the Legal Services Manager Community Right to Bid

Reason: Consultation with the Legal Services Manager is not necessary Part 2f Para 8.2  Determine applications for certificates of  Determine applications for certificates of Section: lawful existing or proposed use or lawful existing or proposed use or Development development in consultation with the Legal development management Services Manager Reason: Consultation with the Legal Services Manager is not practical or necessary in practice

Page 83 Page Part 2f Para 8.2  Instigate prosecutions for failing to comply  Instigate prosecutions for failing to comply Section: with the above notices in consultation with the with the above notices Enforcement Legal Services Manager Reason: Consultation with the Legal Services Manager is not practical or necessary in practice Part 2f Para 8.2  Serve & receive notices under relevant  Serve & receive notices under relevant Section: legislation and to effect enforcement, legislation and to effect enforcement, including Building including requests for information in requests for information Control consultation with the Legal Services manager Reason: Consultation with the Legal Services Manager is not practical or necessary in practice Part 2f Para 8.2  Serve Article 4 notices in consultation with the  Serve Article 4 notices Section: Legal Services Manager Conservation Reason: Consultation with the Legal Services Manager is not practical or necessary in practice Part 2f Para 8.2 New bullet point  Maintain a register of assets of community Section: value and a register of land not listed in Community relation to Community Right to Bid Right to Bid Part of Reference Current wording New wording & reason current (para or constitution section number) Reason: Delegation sits more appropriately with Head of Planning (rather than Head of Legal Services) as Planning is already involved in the process Part 2f Para 9.2  Implement the prosecution and enforcement  Implement the prosecution and enforcement policy following consultation with the Legal policy Services Manager Reason: Consultation with the Legal Services Manager is not practical or necessary in practice Part 2f Para 10.2  Serve notices or recommend legal action in  Serve notices or recommend legal action in consultation with the Legal Services Manager relation to dog fouling, refuse, refuse Page 84 Page in relation to dog fouling, refuse, refuse containers, abandoned vehicles, litter and containers, abandoned vehicles, litter and graffiti under relevant legislation graffiti under relevant legislation Reason: Consultation with the Legal Services Manager is not practical or necessary in practice Part 2f Para 13.1 Missing text (add bullet point)  Sign notices of seeking possession

Reason: Currently sits with the Legal Services Manager, but this in not practical or necessary Part 2f Insert new Remove Anti Social Behaviour & Tenancy Manager, para 12, Housing Repairs Investment Manager, Housing remove Repairs Operations Manager, Housing Options paras 13, 14, Manager, Private Sector Housing Manager and 15, 17, 18, Housing Assets & Support Team Manager with their 19 responsibilities moved into a new paragraph 12 “Head of Housing”.

Reason: Take account of restructure within Housing (delegations already in operation) Part 2f Para 23.1  Seal documents  Sign and seal documents Part of Reference Current wording New wording & reason current (para or constitution section number)

Reason: for clarification – as the document is signed and sealed simultaneously Part 2f Para 23.1  Sign notices of seeking possession in Remove bullet point consultation with the Anti Social Behaviour and Tenancy Manager Reason: Delegation more appropriately sits with Anti Social and Tenancy Manager. It is not expedient or necessary for the Legal Services Manager to be involved Part 2f Para 23.1  Maintain a register of assets of community Remove bullet point value and a register of land not listed in Reason: Delegation more appropriately sits with the

Page 85 Page relation to Community Right to Bid Head of Planning who already has authority to validate and determine initial applications in relation to Community Right to Bid Part 2f Para 23.1  Validate and determine initial applications in Remove bullet point relation to Community Right to Bid Reason: Delegation more appropriate sits with the Head of Planning who already has this authority Part 2f Para 23.1  Validate and determine applications for Remove bullet point review and conduct proceedings for an appeal against a listing in relation to Reason: The role of the Legal Services Manager is Community Right to Bid to provide advice to the decision maker, not to determine appeals Part 2f Para 26 Democratic Services Officer Democratic Services Manager

Reason: Update to correct title

Part 3c Paras 2.4, See appendix 2 See appendix 2 2.5, 2.6, 2.7, Part of Reference Current wording New wording & reason current (para or constitution section number) 2.8, 2.9, 3.2, Reason: To allow an opportunity for greater 3.3, 3.5, 3.6, representation of views by extending the public speaking arrangements, increasing the time allowed for ward councillors to speak and allowing parish council representatives the opportunity to speak. Part 3h Para 2.1  Subject to any variations, only being  Subject to any variations, only being approved approved in consultation with the in consultation with the Procurement Officer Procurement Officer and the Legal Services Manager Reason: Consultation with the Legal Services Manager is not practical or necessary in practice Part 3h Para 11.1 The Legal Services Manager and Estates & Assets  The Estates & Assets Manager will maintain a Page 86 Page Manager will maintain a terrier of all land and terrier of all land and property owned by property owned by Hinckley & Bosworth Borough Hinckley & Bosworth Borough Council Council Reason: The delegation sits more appropriately with the Estates & Assets Manager as this is the current practice

Part 3 – procedure rules c. Planning Committee procedure rules

CONTENTS

Paragraph 1 Seating arrangements 2 Procedure at the meeting 3 Speaking by the public on planning applications 4 Training

Unless otherwise specified, the council procedure rules apply to meetings of the Planning Committee, in addition to the specific procedures contained in this section.

1. Seating arrangements at Planning Committee

1.1 Members of the committee will sit in their allocated seats, with members in attendance who are not on the Planning Committee sitting at the outer circle of desks.

2. Procedure at the meeting

2.1 The order of the agenda will be arranged or amended to ensure applications with speakers are heard first.

2.2 The chairman will announce each application in turn.

2.3 The planning officer will make any introductory comments.

2.4 Registered speakers will have the opportunity to address the meeting – the objectors will go first, followed by the applicant (or agent)those speaking on behalf of the applicant. Speakers will be allowed a maximum of three minutes to address the meeting.Five minutes will be allowed for objectors and five minutes for those speaking on behalf of the applicant.

2.5 Members will have the opportunity to question the speakers on matters of clarification to establish matters of fact only. The speakers may not be cross examined and care should be taken not to put speakers under pressure.

2.6 The relevant ward member will be allowed to speak for five minutes. and t

2.7 The Executive member for development management matters will be allowed to speak for no more than two minutes each on an application. Ward members have a right to reply at the end of the debate for a maximum of two minutes. The chairman

Page 87 may exceptionally allow the Executive member to speak for up to five minutes where he/she considers the application to be of major significance.

2.78 The Member of Parliament and County Councillor may speak on matters affecting their constituency or division for a maximum of two minutes.

2.9 A representative of the relevant parish council may speak for a maximum of two minutes.

2.810 The planning officer will have the opportunity to respond to the comments made by the speakers.

2.911 The committee will then consider the application and ask any questions of officers.

2.1012 The planning officer and/or solicitor will be allowed to make any concluding points.

2.1113 The committee will vote on any proposition or amendment which has been moved and seconded.

2.1214 When a decision is likely to be taken contrary to an officer’s recommendation (either for approval or refusal) the Head of Planning & Development, Planning Manager (Development Management) or Principal Planning Officer may request a recorded vote. If that vote results in a contrary decision, the committee’s reasons shall be minuted. The Head of Planning & Development, Planning Manager (Development Management), Principal Planning Officer and/or the Legal Services Manager (or his/her nominee) shall also be given the opportunity to explain the possible implications of a contrary decision.

3. Speaking by the public on planning applications

3.1 Public speaking is allowed at the discretion of the chairman. The chairman’s decision is final.

3.2 Both an objectorObjectors and or an applicants (or their nominated agentthose speaking on behalf of the applicant) may speak at Planning Committee except on those applications where  another body directs refusal  where the borough council is a consultee only.

3.3 Speaking at meetings of the Planning Committee is limited to:

An objector to a planning application where:  The objector has made a written comment on the application  The grounds of objection raise material planning considerations  The objector has given the required notice of a wish to speak.

An applicant, or agent appointed to act on their behalf.

Page 88 Objectors will have five minutes to speak. Where more than one objector wishes to address the meeting, the speakers should choose one spokespersonDemocratic Services will put objectors in touch with each other so they may agree how they will share the time allowed. . If no agreement is reached, the first person who made the request shall speak. The objectors should inform Democratic Services of the agreement they have reached.

Applicants may also use the allowed five minutes as they see fit.

3.4 Speaking will be allowed only if the planning application is one which is reported to a meeting of the Planning Committee for them to determine, on the basis that it is not delegated for decision at officer level.

3.5 Anyone wishing to speak will need to confirm his or her intention with Democratic Services by email, telephone or in writing no later than 4.00pm on the Friday Thursday before the meeting.

3.6 Speakers are allowed a maximum of three minutes to address the meeting.

3.76 No written submissions, photos, presentations or other material will be accepted from speakers at the meeting.

3.8 If a decision on an application is deferred any objectors or applicants registered to speak on that item will have the opportunity to speak again when the item is brought back to a future committee. If they do not wish to speak, opportunity for others to register in line with the normal procedure will be afforded.

3.9 Applications will not be deferred because of the absence of an applicant or objector, or other person, who has indicated a wish to speak.

4. Training

4.1 The Head of Planning & Development and Democratic Services Manager will be responsible for formulating a member development programme for Planning Committee members and will inform members which elements of the development programme are mandatory for all Planning Committee members and those substituting for regular members. Planning Committee members who fail to attend the mandatory elements of the members development programme may, at the discretion of the Chairman and the Chief Executive, be prohibited from attending Planning Committee as a voting member.

Page 89 This page is intentionally left blank Agenda Item 13

Forward timetable of consultation and decision making

SLT 1 December 2020 Council 15 December 2020

Wards affected: All wards

Review of the council’s Petition Scheme

Report of the Monitoring Officer

1. Purpose of report

1.1 To propose an updated Petition Scheme.

2. Recommendation

2.1 The proposed scheme be adopted.

3. Background to the report

3.1 The current Petition Scheme was adopted in 2010 in accordance with Local Democracy, Economic Development and Construction Act 2009 which contained specific requirements for a Petition Scheme. These requirements were subsequently relaxed but we retained the adopted scheme.

3.2 In reviewing the scheme we looked at the types of petitions received under the scheme and the expectations of petition organisers. The revised scheme therefore contains the following amendments:

 A change in the wording relating to actions that may be taken by removing the words ‘calling an officer to give evidence’ – this does not change the action in practice, but simplifies the options available  Reduction of the number of signatures required for a Council debate from 2000 to 1500 to make it easier to achieve the number of signatures  Amended the suggestion that all petitions with 750 signatures are automatically considered by the Scrutiny Commission and all petitions with 1500 signatures are automatically considered by Council to read that the petition can request that these actions be taken

Page 91 06/16  Included provision for the matter to be dealt with under the corporate complaints procedure should the petition organiser be unhappy with the way their petition has been handled  Removal of the schedule of signatures required in individual parishes as this caused confusion and was largely irrelevant due to the practice of collecting signatures from outside of the parish.

4. Exemptions in accordance with the Access to Information procedure rules

4.1 To be taken in open session.

5. Financial implications (IB)

5.1 None.

6. Legal implications (MR)

6.1 Set out in the report.

7. Corporate Plan implications

7.1 The recommendations within this report concern a democratic process and therefore support all corporate aims.

8. Consultation

8.1 The Constitution Working Group, which is made up of representatives of all political groups on the Council, considered and supported the proposed scheme.

9. Risk implications

9.1 It is the council’s policy to proactively identify and manage significant risks which may prevent delivery of business objectives.

9.3 The following significant risks associated with this report / decisions were identified from this assessment:

Management of significant (Net Red) risks Risk description Mitigating actions Owner No risks

Page 92 06/16 10. Knowing your community – equality and rural implications

10.1 Whilst this report does not impact any group more than another, it does aim to improve accessibility to democratic processes by making the scheme clearer and reducing the number of signature required for a Council debate.

10.2 This does not propose a new service or change so significant that it would require an equality impact assessment.

11. Climate implications

11.1 Amending the Petition Scheme does not itself have climate implications, however individual petitions received under the scheme would be assessed on their own merits.

12. Corporate implications

12.1 By submitting this report, the report author has taken the following into account:

Background papers: None

Contact officer: Becky Owen, Democratic Services Manager, ext 5879 Executive member: Councillor S Bray

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Hinckley and Bosworth Borough Council Petition Scheme

The council welcomes petitions and recognises that petitions are one way in which people can let us know their concerns.

What is a petition?

A petition is a formal written request, typically one signed by many people, appealing to the council in respect of a particular cause, concern or issue.

It might be helpful if you contac the council to discuss your petition before starting to collect signatures. You can contact us by emailing democraticsupport@hinckley- bosworth.gov.uk or by calling 01455 255879.

Who can create and sign a petition?

Anyone who lives, works or studies in the borough can create or sign a petition about a local issue and submit it to the council. Petition organisers and signatories should be over 18, though there may be exceptional circumstances where a supplementary petition from those under 18 will be accepted in support of the main petition.

What are the guidelines for submitting a petition?

Petitions must include:

 A clear and concise statement covering the subject of the petition and what action the petitioners wish the council to take. This statement should be printed on each page so the signatories can be clear about what they’re supporting  The name, address (including postcode) (this will be the “qualifying address” of the signatory – the address in the borough at which they live, work or study) and signature of any person supporting the petition  A minimum of 20 signatures of people who live, work or study in the borough.

Petitions should be accompanied by contact details, including a postal address and ideally an email address or contact telephone number, for the petition organiser. If the petition does not identify a petition organiser, we will contact the first ten signatories to the petition to agree who should act as the petition organiser.

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What matters are excluded from the Petition Scheme?

Petitions which are considered to be vexatious, discriminatory, abusive or otherwise inappropriate will not be accepted. In the period before an election or referendum, we may need to deal with your petition differently – if this is the case, we will contact you to explain the reasons and discuss a revised timescale.

There are also matters which are specifically excluded under the Petition Scheme:

 Any matter relating to a planning application or decision or consultation carried out in relation to any Development Planning Document. In these circumstances petitions will be considered as responses to the consultation or publicity  Any matter relating to a licensing decision, including licensing applications under the Licensing Act 2003 and the Gambling Act 2005  Any matter which is currently or imminently subject to a consultation exercise  Any matter which has been subject to a statutory consultation exercise and the consultation exercise has now closed, such as the local plan  Any matters relating to complaints against councillors under the code of conduct  Any matter where there is an existing right of appeal (such as council tax banding or non-domestic rates)  Statutory petitions such as requesting a referendum on having an elected mayor  Any matter which is substantially the same as a petition submitted in the previous 12 months  Any matter which is considered to be exempt under the Local Government Act 1972, Access to Information Act 1985, the Data Protection Act 1998, the Freedom of Information Act 2000 or the Environmental Information Regulations 2004.

We will notify the petition organiser of the reasons for not being able to accept the petition if it is excluded on one or more of the above grounds.

Where should I send my petition?

Paper petitions should be submitted to the Democratic Services Manager at:

Hinckley & Bosworth Borough Council Hinckley Hub Rugby Road Hinckley LE10 0FR

Email: [email protected] Tel: 01455 255879

Page 96 E-Petitions can be created, signed and submitted online via the council’s website or via other online sites as long as they meet the qualifying criteria set out above.

Further guidance for submitting an e-petition via the council’s website is available on the council’s website or on request.

If you are submitting a petition via an external site, please email [email protected] with a link to the site, attaching a copy of all signatories downloaded by the petition organiser.

What will the council do when it receives my petition?

Once a petition is received it will be checked to see if it meets the criteria defined in this scheme. We will contact the petition organiser within ten working days of receipt of the petition to acknowledge receipt and provide a timeline for further consideration and action. If the petition is invalid or excluded we will also let the petition organiser know at this stage. Once the petition has been verified and acknowledged, no further signatures can be added.

Details of petitions received will be published on our website, except in cases where this would be inappropriate. Details will be retained on the website for 2 years after conclusion of the petition process.

How will the council respond to my petition?

Our response to your petition will depend on what the petition asks for (as part of the statement) and how many people have signed it. Our response may include:

 Taking the action requested in the petition  Undertaking research into the matter  Consideration of the petition at a public meeting (this will be the most relevant meeting according to the subject matter as determined by the Democratic Services Manager)  Consideration by the council’s Scrutiny Commission if it has more than 750 signatures  Consideration by Council if it has more than 1500 signatures.

If your petition is about something over which the council has no direct control, we will consider making representations on behalf of the community to the relevant body. If we are not able to do this for any reason, we will set out the reasons for this. You can find out more information on the services for which the council is responsible on the council’s website.

Consideration by the Scrutiny Commission

If your petition contains between 750 and 1499 signatures and is about a matter for which the council is responsible, you may request that it be considered by the council’s Scrutiny Commission. If this is the case, it will be scheduled for consideration at the next appropriate meeting of the Scrutiny Commission. The petition organiser will be invited to attend the meeting and will be allowed five

Page 97 minutes to present the petition. The senior officer responsible for the service area will be permitted to respond, and members of the Scrutiny Commission will then debate the petition for a maximum of 15 minutes and will decide how to respond to the petition. The petition organiser will receive written confirmation of the decision and it will also be published on the council’s website.

Consideration by Council

If your petition contains 1500 signatures or more, and is about a matter for which the council is responsible, you may request that it be considered at a meeting of the Council, which all councillors can attend. If this is the case, it will be scheduled for consideration at the next appropriate meeting of the Council. The petition organiser will be invited to attend the meeting and will be allowed five minutes to present the petition. Councillors will then debate the petition for a maximum of 15 minutes and will decide how to respond. Where the issue is one on which the council’s Executive is required to make the final decision, Council will decide whether to make recommendations to inform that decision. The petition organiser will receive written confirmation of the decision and it will also be published on the council’s website.

What can I do if I feel my petition has not been dealt with properly?

If you feel that we have not dealt with your petition properly, you should follow the council’s complaints procedure.

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