Agenda and minutes

Apologies for absence were received from Councillors Roger Charsley, Mrs Carole Hubbard, Tony Owen, Mrs Denise Reddin, Tim Stevens and Michael Turner.  Councillors Mrs Anne Manning and Colin Smith attended the meeting as the alternates for Councillors Mrs Hubbard and Turner, respectively.

There were none.

In relation to Minute 105 (Modern.gov Meeting Management System: Presentation), a Member expressed concern that certain requirements of the Development Control Committee with regard to the format of planning applications’ reports were not included in the current report template in the Modern.gov system.  In relation to the same Minute, another Member drew attention to problems for the public in accessing committee documents on the internet.  In response, the Democratic Services Manager commented that both concerns would be investigated.

RESOLVED that, subject to the Member referred to in the first line of Minute 102 (Minutes) being identified as Councillor Grainger and to the Member referred to in the eighth line of the same Minute being identified as Councillor Nicholas Bennett, the Minutes of the meeting held on 16^th February 2010 be confirmed.

The following items are listed as outstanding from previous meetings:

• Councillor Web Pages (Minute 56 - 24.9.08)

 All Members of the Council were invited to request a web page based on one of the two approaches agreed by the Committee on 24^th September 2008. Democratic Services are in the course of implementing the Modern.gov committee management system and this will provide enhanced options for Member web-pages. The option for Members of receiving a summary-sheet-only agenda was introduced in November 2009.

• Revision to Licensing Policy 2008 to 2011: Enforcement (Minute 78 – 02.11.09)

See agenda item 6.

• Members’ Services: Benchmarking Information (Minute 62 – 23.9.09)

The Chairman has agreed that a report be submitted to the next meeting.

• London Local Authorities Act 1991: Revision to Codes of Practice for Special Treatments (Minute 58 – 23.9.09)

See agenda item 7.

The position in relation to the following matters was noted:

·  Councillor Web-Pages (Minute 56 – 24.9.08) – All Members of the Council had been invited to request a web-page based on one of the two approaches which had been agreed by the Committee in September 2008.  Democratic Services were in the course of implementing the Modern.gov committee management system that would provide enhanced options for Member web-pages and on which the Committee had received a presentation at its last meeting (Minute 105).  The option for Members of receiving a summary- sheet-only agenda had been introduced in November 2009.  In the light of the progress which had been made on this matter, Members agreed that this item be deleted from the “Matters Outstanding” list.

·  Revision to Licensing Policy 2008-2011: Enforcement (Minute 78 -2.11.09) – See Minute 125 below.

·  Members’ Services: Benchmarking Information (Minute 62 – 23.9.09)– Following consultation with the Chairman, a further report was to be submitted to the Committee’s next meeting.

·  London Local Authorities Act 1991: Revision to Codes of Practice for Special Treatments (Minute 58 – 23.9.09 – See Minute 126 below.

·  Ravensbourne College Pension Arrangements (Minute 110 – 16.2.10)– See Minute 129 - further report to be submitted to the Committee’s next meeting.

To hear questions received in writing by the Director of Legal, Democratic and Customer Services by 5pm on Tuesday 30^th March 2010 and to respond.

No questions had been received.

Report ES10055

The Council was required to have a Statement of Licensing Policy, to keep it under review and to make alterations as appropriate, subject to prior public consultation and to the approval by full Council.  The draft revision of the “Enforcement” section of the Council’s Statement of Licensing Policy 2008 to 2011 had been agreed by this Committee in November 2009 (Minute 78) for formal public consultation.

The Director of Environmental Services reported that by the conclusion of the consultation period on 26^th February 2010, approximately 900 people had been consulted (involving all known licence holders, known Residents’ Associations, responsible authorities and Ward Members) from whom 105 responses had been received the vast majority of which had supported the proposed revision of the enforcement section.  Comments which had been made by respondents were included in the report and considered by Members.  It was not felt that any of the comments significantly affected the proposed revision and therefore no further amendments were considered necessary.

RESOLVED that, subject to the replacement of the word “that” with the word “there” in the penultimate line, the draft revision of the “Enforcement” section of the Council’s Statement of Licensing Policy 2008 to 2011 be endorsed.

RECOMMENDED that the endorsed revision of the “Enforcement” section of the Council’s Statement of Licensing Policy 2008-2011, as set out in the attached Appendix, be formally adopted by the full Council on 28^th June 2010.

Report ES10061

In accordance with the London Local Authorities Act 1991, the Council had the power to make rules and regulations relating to premises offering special treatment (including massage, manicures, sunbeds, saunas, steam rooms, tattooing, acupuncture, electrolysis and piercing etc), all of which were required to hold a licence.

The Director of Environmental Services reported that the current rules and guidance notes which were issued as part of a Licence had been in place since 1991 and were now considered to be outdated.  Following an extensive review, the officers recommended an updated and revised codes of practice for special treatments licences to include a simplified application process and fee structure, revised licence conditions and the introduction of a registration scheme for therapists, the details of which were set out in the Director’s report.  Since the publication of the report, various amendments had been identified and these were outlined by the Director’s representative at the meeting.  The changes to the rules, codes of practice and fees were to be referred to the Executive and full Council for approval and adoption.  The Committee was also requested to authorise officers to make minor corrections and updates to the codes of practice in keeping with changing national standards or publications without the need for the specific approval of this Committee.

A Member was concerned that the procedure involving the granting of a licence should not pre-empt any decision where planning permission was also required.  It was pointed out that, from a legal point of view, the granting of planning permission was not a pre-requisite to the issuing of a licence which was not conditional on planning consent. Both applications were separately administered and enforceable.  It was felt that this issue could be addressed by the inclusion of an “informative” on any licence granted where planning permission was required.

On a separate matter, whilst noting that it was not a statutory requirement, a Member felt that the approximately 110 businesses affected should be consulted regarding the proposed changes.  However, the majority of the Committee, in supporting the unified approach outlined and the tidying up of the standard conditions proposed, felt that there would be little point in embarking on an expensive consultation exercise.

RECOMMENDED that, subject to the concurrence of the Executive, and with effect from 1^st July 2010, the full Council on 28^th June 2010:

(1)  approves the adoption of the revised Codes of Practice as attached;

(2)  agrees to the introduction of a registration scheme for all beauty therapists working in the Borough; and

(3)  agrees changes in the administration process which supports local businesses including (a) a simplified fees structure, and (b) the removal of the requirement to place a newspaper advertisement for new applications.

RESOLVED that, subject to the adoption of the above recommendation, the officers be authorised to make minor corrections and updates to the Codes of Practice in keeping with changing national standards or publications without the need for formal reference to this Committee.

Report ES10058

A consultation document had been received from the Department of Culture Media and Sport (DCMS) which had sought the Council’s views on proposals to exempt small live music venues from the requirements of the Licensing Act 2003.  The background to the proposals were set out, comments on which had been required by 26^th March 2010.  Following consideration of the proposals, the letter attached to the report of the Director of Environmental Services, which had been agreed in consultation with the Chairman and Vice-Chairman of this Committee, had been sent by the officers as this Council’s response within the required deadline.

Members supported the response which had been submitted.  However, since it was noted that the consultation document had been published back in January (subsequently confirmed as 31^st December 2009), some concern was expressed that all Members of this Committee had not been given the opportunity to either consider the proposals at the last meeting held on 16^th February 2010, or the agreed response.  As a consequence, Members considered arrangements for addressing similar situations regarding responses to consultation documents which might occur in the future.

RESOLVED that

(1)  the Council’s response in opposing the proposals to exempt small live music venues from the licensing requirements of the Licensing Act 2003, as indicated in the letter attached to the report of the Director of Environmental Services, be noted and supported; and

(2)  in future where deadline dates for responding to consultation documents do not fit in with the timetable of meetings for this Committee, the Council’s suggested response following officer discussions with the Chairman and Vice Chairman should be emailed to all Members of the Committee providing them with seven days to comment thereon.

Report ES10057

A report was received from the Director of Environmental Services which informed the Committee of major work areas for the Licensing Service in 2010/11, some of which were statutory requirements.  In addition, Members were also invited to prioritise from a number of options outlined further areas of work to be undertaken by the Licensing Service over the next year, subject to the availability of resources.

RESOLVED that

(1)  approval be given to the commitment of the Licensing Service to the following work areas in 2010/11:

(a)  review the Statement of Licensing Policy;

(b)  run the Best Bar None Scheme, subject to a review at the end of the year;

(c)  arising from Minute 126 above, introduce an approved therapist scheme for Special Treatment Premises; and

(d)  development of on-line Licensing capability;

(2)  a further report be submitted to the Committee’s next meeting setting out a work plan covering the issues involved in prioritising the following work streams:

(i)  Club License Conditions;

(ii)  review of Animal Welfare Licence Conditions; and

(iii)  routine visits being made to all licensed premises targeting, in particular, those premises where there were known problems.

To follow

This report was withdrawn – a report to be submitted to the next meeting following further discussions with the Council’s actuary.

This report was circulated under separate cover to all Members on 11^th March 2010.

(The full report is available on the Council website listed under Development Control Committee on 16^th March 2010.)

Report LDCS10047

Further to Minute 27 (24.6.09), the Scheme of Delegation to Officers had been further reviewed and updated following:

• a review of the Scheme in 2009 (where the Development Control Committee and the PDS Committees had been asked to question whether matters should be delegated, whether prior notification of intention to exercise the delegated power was needed, if there should be a report afterwards and whether such reports could await an annual review);
• changes under the Local Government and Public Involvement in Health Act 2007 whereby any executive powers delegated to officers had to be delegated by the Leader of the Council rather than the Council (which was reflected in the Scheme by the addition of a column to indicate whether each individual delegation derived from the Leader or from the Council, or both); and
• recent changes to departmental arrangements.

At the request of the Constitution Improvement Working Group and this Committee (Minute 106 – 16.2.10), all PDS Committees and the Development Control Committee had been asked to review sections of the Scheme related to their work and to highlight any further changes.  Any suggested amendments were to be considered by this Committee prior to, in accordance with normal practice, the Scheme being submitted for approval to the Annual Council Meeting which, this year, was to be held on 19^th May 2010.

Members were informed that most Committees had made no comments.  However, details were reported and a draft Minute circulated concerning proposed changes in the delegations relating to the Environment Portfolio which the Environment PDS Committee on 6^th April 2010 had suggested in respect of Delegations DES67, DES83 and DES87.  The Vice-Chairman of that Committee, who was also a Member of this Committee, had made a number of further suggestions at that meeting and, in that connection, circulated at this meeting a paper amplifying the issues concerned, in particular drawing attention to additional matters which he felt should involve consultation with Ward Members.

The Democratic Services Manager indicated that, once all the Committees had considered the proposed new Scheme of Delegation to Officers, the amendments proposed would be incorporated in the new Scheme for presentation at the Annual Council Meeting.  Members felt that all Members of this Committee should be given the opportunity to comment on the final version of the Scheme before it was submitted to the Annual Council Meeting. 

RESOLVED that the proposed new Scheme of Delegation to Officers, including the suggested amendments by Committees, be e-mailed to all Members of this Committee for comments prior to submission to the Annual Council Meeting on 19^th May 2010.

Report LDCS10062

Further to Minute 111 (16.2.10), the Member Working Group, which had been set up by this Committee, supported by the officers, had met on 9^th March 2010 and had identified nominations of individuals who it was felt merited nomination for appointment as Honorary Aldermen.

The list of nominations recommended to this Committee were set out in Appendix 2 to the report of the Director of Legal, Democratic and Customer Services.  All the nominees had indicated that they would accept appointments as Honorary Aldermen and the nominations were supported by Members.  The Appointment Ceremony of Honorary Aldermen for the Municipal Year 2010/11 would be held at a special meeting of the Council convened immediately before the Annual Council meeting on 19^th May 2010.

RECOMMENDED that the nominated individuals listed in the attached Appendix (former Councillor Mrs Ingrid Buckley, Councillor Mrs Jenny Hillier, Councillor Mrs Carole Hubbard, Councillor Gordon Jenkins, former Councillor Maurice Kenward and former Councillor Arthur Wilkinson) be recommended for appointment as Honorary Aldermen for consideration at a special meeting of the Council to be held on 19^th May 2010.

The Minutes of the above meeting were received.

(a)  Minutes of the meetings held on 26^th February and 2^nd March 2010, excluding exempt information

The Minutes of the above meetings were received.

(b)  Minutes of the meetings held on 5^th, 16^th and 25^th February 2010, excluding exempt information

The Minutes of the above meetings were received.

Arising from the Disciplinary Dismissal Appeal case which had been considered by the Appeals Sub-Committee, the Chairman of that Sub-Committee expanded on the issues which had given cause for concern and on which it had been considered should be drawn to the attention of this Committee.  The Chairman of the Sub-Committee, supported by another Member of that Sub-Committee, considered that sub-paragraphs (a), (b) and (c) of resolution (2) of Minute 11 (25.2.10) should be amended and that the revised resolution (2) should, as a consequence, read as follows:

  “---------------------------------------------

(2)  That the Appeals Sub-Committee, in hearing the case of Mrs C.N., identified a number of issues that should be referred to the General Purposes and Licensing Committee for onward submission to the Children and Young People PDS Committee:

(a)  the supervision of the staff concerned by senior management at the establishment;

(b)  the supervision and monitoring of the course work and teaching by senior staff; and

(c)  the Departmental Management Teams of the Children and Young People Department and the Human Resources Division should consider whether the  procedures for dealing with members of staff subject to formal/informal review of their work, particularly in this case in April 2009, are satisfactory and secondly whether, in this case, the procedures were adhered to.”

Members noted that there had been a number of disciplinary appeal cases recently where issues relating to proper staff supervision had been drawn to the attention of this Committee.

RESOLVED that a detailed, confidential report addressing the above issues be submitted to the Committee’s next meeting and that the Assistant Chief Executive (Human Resources), the Assistant Director (Learning and Achievement), Children and Young People Services and the HR Consultancy Manager (CYP) be requested to attend the meeting to present the report.

The Minutes of the above meeting were received.

The Chairman to move that the Press and public be excluded during consideration of the items of business listed below as it is likely in view of the nature of the business to be transacted or the nature of the proceedings that if members of the Press and public were present there would be disclosure to them of exempt information.

The Chairman to move that the Press and public be excluded during consideration of the items of business listed below as it is likely in view of the nature of the business to be transacted or the nature of the proceedings that if members of the Press and public were present there would be disclosure to them of exempt information.

The exempt Minutes of the above meeting were received.

(Minute record on file – not attached.)

It was noted that the record of the exempt Minutes of the above meetings, not published in view of the sensitive information which had been discussed at the meetings, were retained on file.

This was the last meeting of the Committee of the current Council.  In the absence of the Chairman of the Committee (Councillor Owen), a message was read on his behalf in which his personal thanks were expressed to the Vice-Chairman (Councillor Toms, who was standing down at the forthcoming Borough Elections) for all his support, particularly at the time when Council policies were being drawn up to deal with totally new (Licensing) legislation.  The Chairman also recorded the Council’s debt to Councillor Toms’ expertise in chairing the Investment Sub-Committee and the huge contribution which he had made to Bromley Council’s affairs.  The Chairman also wished to record his thanks to Councillors Mrs Hubbard and Mrs Reddin, both of whom were also not seeking re-election, for their invaluable contribution to this Committee.

Members of the Committee also recorded their thanks to the Chairman and Vice-Chairman for their Chairmanship and hard work on the Committee over the duration of this Council.