Agenda and minutes

Apologies for absence were received from Councillor John Getgood – Councillor Peter Fookes attended as his substitute.

The following Councillors declared personal interests as members of the Council’s pension scheme – Councillors Nicholas Bennett, Roger Charsley, Roxy Fawthrop, Russell Mellor, Gordon Norrie, Tony Owen, Ian Payne, Charles Rideout, Diane Smith, Tim Stevens and Stephen Wells.

RESOLVED that the minutes of the meeting held on 27^th July 2011 be confirmed.

The following items are listed as outstanding from previous meetings:

Minute 130 – Appointment of Council Representatives to Serve on Outside Bodies and Partnership Bodies (GPL 28.07.11)

Further to the meeting of the Committee held on 24^th May 2011, it was resolved that Mr. Graham Collins, a Cray Forum representative and member of the local safer neighbourhood panel, be asked to be the Council’s representative on the Cray Valley Library and War Memorial Institute until June 2014.  Mr. Collins accepted this invitation.

The Renewal and Recreation Policy Development and Scrutiny Committee at its meeting on 5^th July 2011, considered the ending of the need to appoint Councillors to the Beckenham and Bromley Town Centre Steering Groups. An extract of the minutes from this meeting was tabled for Members’ consideration.

Councillors were advised that although the Town Centre Steering Groups were now defunct, both Beckenham and Bromley town centres had external business-based groups which included developers amongst other business interests. The Chairman stated that whilst it was not for the Council to impose its representatives it would be a good idea to encourage Councillors to become involved in these external groups.

The General Purposes and Licensing Committee resolved that the Assistant Director for Culture (responsible for the town centre management team) be advised that the Committee considers that local Councillors should be encouraged to be involved in the external management groups for Bromley and Beckenham town centres.

The Assistant Director for Culture has since advised that ward members do attend the external retail/business management groups and the Town Centre Managers continue to ensure that this is the case.

Minute 140 – Update on Licensing Aspects of the Police Reform and Social Responsibility Bill (GPL 28.07.11)

A report on possible amendments to the Council’s Licensing Policy in light of the Brighton and Hove City Council versus Sainsbury’s PLC outcome is appended to this agenda for consideration.

Minute 142 – Representations on Home Office Appeals Following Decisions to Revoke a Licence (GPL 27.07.11)

Members asked that the Beckenham Convenience Store case be bought to the attention of James Brokenshire, MP and then left to his consideration.

The Head of Food Safety, Occupational Safety and Licensing have written to James Brokenshire, MP on two matters

1.  Beckenham Convenience Store and the issue of transfers of Licences after decisions to Revoke

2.  The need to increase the statutory fees under the Licensing Act 2003

A response has not yet been received.

Minute 144 – Reference from the Pensions Investment Sub-Committee (GPL 27.07.11)

It was resolved that this matter be listed under “Matters Outstanding from Previous Meeting” on future agendas of the General Purposes and Licensing Committee until it is considered that there was sufficient information for the matter to be determined.

The Committee noted matters outstanding from previous meetings.

To hear questions to the Committee received in writing by the Democratic Services Team by 5pm on Wednesday 23^rd September 2009 and to respond.

One question had been received regarding the Council’s capital monitoring arrangements, but as the Executive were already dealing with this matter the Chairman had referred this to them for response.

Report ES11115

At the previous meeting Members had requested a review of the current statement of Licensing Policy following Brighton’s success with their Cumulative Impact Policy refusing a new premises licence for a Sainsbury’s Supermarket.  The report proposed some changes to the Statement in relation to Cumulative Impact policy, and also in relation to making Representations/Petitions and Planning and Building Control.

The Committee discussed the proposed changes, and in particular whether it was helpful to add, as proposed in the report (appendix 1, page 16), (i) the word “material” before “variations” to distinguish from minor variations, and (ii) the phrase “such as restaurants” to give an example of applications that were unlikely to add significantly to saturation. Members also questioned the use of the word “significantly”, but it was confirmed that this was part of the original wording.

In considering the proposed changes to “Making Representations” (appendix 2, page 19), Members requested that further consideration be given to provision for e-petitions and other forms of electronic submissions. The existing wording suggesting that individual representations might be given more weight than a petition was alluding to the possibility that more thought had to go into the former. It was confirmed that the requirement for each sheet of a petition to carry full details about the site and the objections was to ensure that petitioners were clear about what they were signing. 

RESOLVED that

(1)  The proposed changes set out in appendices 1, 2 and 3 of the report be approved, with the addition of the word “usually” prior to the word “not as informative as individual correspondence…” at page 19 of Appendix 2 to the report.  

(2)  Public consultation be undertaken on the proposed changes.

(3)  A further report be received in due course for consideration and referral to full Council.

Report RES11089

The Committee received the Council’s 2010/11 statutory accounts for approval in accordance with the requirements of the Accounts and Audit (England) Regulations 2011. The report also detailed the conclusions and significant issues arising from the work carried out in relation to the audit of the 2010/11 accounts.

Mr Matthew Williams from the Council’s auditors, PricewaterhouseCoopers LLP attended the meeting to respond to any issues raised by Members.

The Vice-Chairman commented that he was pleased to see that the funding level of the Council’s pension fund had risen by 3% to 84%, and congratulated the Pensions Investment Sub-Committee for this improvement.

RESOLVED that

(1) The Council’s statutory accounts for 2010/11 be approved.

(2)  In accordance with the requirements of the Accounts and Audit (England) Regulations 2011, following approval, the Chairman of this Committee shall sign and date the statutory statements on page 1 as a formal record of the Committee’s approval.

(3) The external auditor’s report be noted.

(4) The Chairman be authorised to sign the letter of representation for 2010/11 on behalf of the Council.

(5) The Annual Governance Statement which accompanies the statutory statement of accounts be approved.

Report RES11098

The Council appointed four nominative trustees to the Cray Valley Library and War Memorial Institute. Trustees were to be nominated by the ward councillors, and served for fixed four year terms.At its last meeting on 27^th July 2011, the Committee had appointed Mr Graham Collins to join Councillors Stephen Carr and Peter Fortune and Mrs. K. Bond as a trustee. Since that meeting, Mrs Bond had resigned leaving a further vacancy. Councillor Peter Fortune, Councillor for the Cray Valley East ward, had advised that Councillor Roxhannah Fawthrop (also a ward Councillor for Cray Valley East) had agreed to serve as a nominative trustee.  

RESOLVED that Councillor Roxhannah Fawthrop be appointed to serve as a nominative trustee for the Cray Valley Library and War Memorial Institute for the remainder of the four year term ending in 2014.

The Committee received the minutes of the meeting of the Audit Sub-Committee meeting on 7^th June 2011 (excluding exempt information).

Report ES11100

Following pre-decision scrutiny by the Public Protection and Safety PDS Committee on 26^th July 2011, the Public Protection and Safety Portfolio Holder had approved changes to the Council’s licensing fees. 

The Committee agreed to receive the report as a matter of urgency to enable them to be considered prior to their proposed implementation date of 1^st October 2011.

RESOLVED that the review of Licensing fees be noted and endorsed.

The Committee received a briefing note informing them that the Government had issued a consultation paper on their proposal to remove the requirement to licence “Regulated Entertainment” (Schedule 1 of the Licensing Act 2003.)  The effect of the proposals was that most of the activities currently requiring a licence would no longer be controlled, such as plays, films, indoor sporting events, live and recorded music and dance performances. Performances with an audience of 5,000 or more, boxing and wrestling, and dance performances that might be classed as sexual entertainment (but were exempt from separate sexual entertainment venue regulations) would still be licensed.

The main impact of these proposals related to the ‘Public Nuisance’ licence objective from uncontrolled music (live or pre-recorded).  As Entertainment activities would not require a licence there would be no opportunity for Responsible Authorities, Residents or Members to make any representations about noise nuisance as part of any licence application for alcohol, and no conditions could be imposed on a licence in respect of noise.

The Committee agreed to consider the report as an urgent item as their next meeting was not until the end of the consultation period, which was on 3^rd December 2011.

RESOLVED that the consultation be noted.

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.

RESOLVED that the Press and public be excluded during consideration of the items of business referred to 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 following summaries

refer to matters

involving exempt information

The exempt minutes of the meeting of the Audit Sub-Committee held on 7^th June 2011 were received.

The Committee approved an application by Liberata UK Ltd for an admission agreement under the Local Government Pension Scheme Regulations to enable staff who transferred under TUPE arrangements to participate in the Council’s Pension Scheme.  

The Committee received a report on the 2011 annual pay review for management grade officers.