Agenda and minutes

Apologies for absence were received from Councillors Wayne Hailstone,  Sara Mildmay-White and Anthony Williams.

The following substitutions were declared:

Councillor Susan Glossop for Councillor Sara Mildmay-White.

Councillor Patricia Warby for Councillor Wayne Hailstone.

To confirm the minutes of the meeting held on 20 June 2017 (copy attached).

The minutes of the meeting held on 20 June 2017 were unanimously accepted by the Committee as an accurate record and signed by the Chairman.

Members of the public who live or work in the Borough are invited to put one question or statement of not more than 3 minutes duration relating to items on Part 1 of the agenda only. If a question is asked and answered within 3 minutes the person who asked the question may ask a supplementary question that arises from the reply. A person wishing to speak must register to speak at least 15 minutes before the meeting is scheduled to start. There is an overall time limit of 15 minutes for public speaking which may be extended at the Chairman’s discretion.

Cathy Friel, a resident from Bury St Edmunds addressed the Committee on behalf of the Churchgate Area Association in respect of Item 7 on the agenda, “Statement of Licensing Policy and Cumulative Impact Policy Renewal”.  She explained that she supported the proposed extended area to the CIP and its importants to the town.  There had been fewer complaints made relating to crime and noise nuisances since its initial introduction. Cambridge, Newmarket and Ipswich also had in place a CIP.

John Wilkin, a resident from Merchants Place, Bury St Edmunds addressed the Committee in respect of Item 7 on the agenda, “Statement of Licensing Policy and Cumulative Impact Policy Renewal”.  He explained that he supported the proposed extension to the CIP, as the area was becoming increasingly residential and felt it was important to restrict the growth of licensed premises.

Report No: LIC/SE/17/009

The Committee received Report No: LIC/SE/17/009, which set out minor amendments to conditions in the existing taxi/private hire handbook.

The current Taxi and Private Hire Handbook was adopted in its current format on 11 April 2017.  Since April 2017, officers had received further feedback from the trade through forums and inspections, and had proposed some minor amendments to the conditions, which were set out in Appendix 1 to the report. 

The Committee considered the minor amendments (Appendix 1) and asked questions to which responses were provided.

It was then proposed by Councillor Beccy Hopfensperger, seconded by Councillor Margaret Marks and with the vote being unanimous, it was

          RESOLVED:

That the revised conditions as set out in Appendix 1 to Report No: LIC/SE/17/009 be approved.

Report No: LIC/SE/17/010

The Committee received Report No: LIC/SE/17/010, which proposed amendments to the work procedure and conditions for a Private Hire Licensed Plate exemption for executive contracts.

On 20 June 2017, the Licensing and Regulatory Committee adopted a formal procedure for Private Hire Operators to apply for the S75 plate exemption.  Since its adoption, feedback had been received on its processes from members of the trade via the council’s drivers forum; members of customer services and testing station staff.

The proposed changes to the procedure for applying and having their application assessed had been made to the guidance notes and were attached at Appendix 1 to the report.  It was hoped that the minor changes being proposed would impact positively on both staff and the trade in simplifying the process.

The Committee considered the minor amendments (Appendix 1) and did not raise any issues regarding the proposals. 

It was then proposed by Councillor Margaret Marks, seconded by Councillor Sarah Broughton and with the vote being unanimous, it was

          RESOLVED:

That the amendments to the proposed guidance and conditions as set out in Appendix 1 to Report No: LIC/SE/17/010 be approved.

Report No: LIC/SE/17/011

[Councillor Beccy Hopfensperger declared a non-pecuniary interest as a resident of Risbygate Street and remained in the meeting during the discussions and subsequent voting].

Councillor David Nettleton, Ward Member for Risbygate addressed the Committee in respect of this item and the proposal to extend the Cumulative Impact Policy (CIP) into his Ward, which included St Andrew’s Street North, Bury St Edmunds and hoped the CIP would not be extended into these areas.  He explained that he felt the CIP did not deliver what its advocates said it would.  Although he opposed it right from the start, he explained that if Councillors Jo Rayner and Andrew Speed, Ward Members for Abbeygate did not object to its extension to cover the area north, beyond Abbeygate Street to the ward boundaries with Risbygate and Eastgate, he was not objecting as they were the Ward Members. He referred to Councillor Patricia Warby, Ward Member who was present as a member of the Committee, and who could comment or not about the eastern side of St Johns Street which she chose not to. For his part, Councillor Nettleton did not want the CIP extended into the Risbygate Ward.  He stated that Bury St Edmunds had a thriving town centre and he felt the CIP would not be beneficial as a whole.  

The Committee received Report No: LIC/SE/17/011, presented by the Licensing Team Leader, which set out proposals to re-adopt both the Statement of Licensing Policy and Cumulative Impact Policy area for Bury town centre, based on a review of the current legislative framework, the effectiveness of the current policy on crime and disorder in the area and a consultation carried out in accordance with statutory guidelines that apply.

Members were informed that the Council had adopted the current Statement of Licensing Policy centre in 2012 (Report D160 refers).  Under the scope of the Policy, the Council adopted a special area policy covering certain parts of the town centre of Bury St Edmunds where the cumulative impact of significant number of licensed premises concentrated in the area is considered to have a potential impact on the promotion of the licensing objectives.

A number of appendices were attached to Report No: LIC/SE/17/011, as follows:

(Appendix 1) – Crime statistics

(Appendix 2) - Summary of the Consultation Responses

(Appendix 3) – Proposed Policy wording and the proposed map extension

                       of the Cumulative Impact Policy

(Appendix 4) – Residents consultation responses

(Appendix 5) – Police consultation

(Appendix 6) – British Beer and Pub Association consultation response.            

The Committee considered the report and the appendices, in particular Appendix 3 in detail and asked questions to which responses were provided.

The Licensing Team Leader wished to reassure the Committee that the proposal to extend the CIP would not prevent new businesses from applying for an alcohol licence or an extension to their existing licensing hours, but would mean when applying for a licence the applicant would have to provide additional evidence to support their  ...  view the full minutes text for item 82.

Report No: LIC/SE/17/012

[Councillor Margaret Marks declared a pecuniary interest - owns a rental house on Withersfield Road, Haverhill, and remained in the meeting during the discussion and voting].

Councillor Diane Hind, Ward Member for Northgate addressed the Committee in respect of this item and asked the Committee to also consider recommending BSE9 Fornham Road (Tollgate) as a designated Air Quality Management Area.  She explained that the air quality was just below the 40 mark when bias adjusted, but was the third worst of the monitored areas in St Edmundsbury.  The two greater areas other than the Tollgate junction, were two adjacent sections (BSE1 and BSE15) along Sicklesmere Road (42.1 and 41.5), which could only be regarded as one location on the plan, and BSE6 Kings Road roundabout (41.5). The specially monitored area was “The Street, Gt Barton”, GB4 (37.9 in 2016 - down from 40.9 in 2015).  She stated that the others areas might not get worse but BSE 9 would, as the waste hub and the Marham Park development would generate more traffic at the Tollgate.  She was concerned not just for the residents who lived adjacent to the junction but also the cyclists and pedestrians who also suffered the high levels of Nitrogen Dioxide.  She then explained that one month was not recorded but out of the other 11 months 10 were over 40.  Four of those were over 50 at 56.8, 59.2 50.6 and 54.1.  She stated that a similar report had been presented to the Sustainable Development Work Party last year at whcich she had drawn this to that Committee’s attention.  The trend was moving upward at Tollgate, because in 2015  nine recordings were over 40 and three were over 50 (57.4  50.6 and 57.3).  She respectfully requested that the Committee be proactive and ask that BSE9 be designated an Air Quality Management Area now before the situation worsens.

Councillor David Nettleton, Ward Member for Risbygate addressed the Committee in respect of this item.  He provided some background regarding a planning application DC/16/0267/FUL when Havebury wanted to build 36 apartments behind the Beerhouse on the corner of Tayfen Road and Station Hill.  An objection was made by the Council’s Environment Officer on grounds of air quality as there were over 15,000 vehicle movements a day on this narrow section of Tayfen Road.  The matter was eventually resolved after a full report and conditions had been imposed.  He felt this was an indicator that the car was threatening housing growth and public health, and that “we were sitting on a ticking time-bomb” as the Sicklesmere Road survey had indicated, and urgent action was needed to reduce the use of cars. 

The Committee received Report No: LIC/SE/17/012, which reported on work undertaken during 2016 to meet Local Air Quality Regulations across the Borough.

For the majority of the Borough, it was reported that air quality remained good and continued to show a long-term trend of slight year-on-year improvement.  However, officers continued to undertake detailed monitoring and increased monitoring  ...  view the full minutes text for item 83.

Report No: LIC/SE/17/013

The Committee received Report No: LIC/SE/17/013, which updated members on the current status of its work programme of items for consideration (Appendix 1) during 2018.

The Service Manager (Environmental Health Service) informed the Committee that it could add items to the forward work programme, which was within its remit, with the approval of the Chairman of the Committee and in consultation with the Portfolio Holder for Planning and Growth.

In response to a question raised, members were informed that the Local Air Quality Management Report scheduled to be presented to the Committee on 23 January 2018 was for the consideration of proposals to declare an Air Quality Management Area on Sicklesmere Road, Bury St Edmunds.

There being no decision required, the Committee noted the current status of its work programme and the items expected during 2018.