Agenda and draft minutes

The Clerk welcomed everyone to the meeting and issued the safety information.

Apologies were received from Cllr Davies and Cllr Windows.

To note any declarations of interest from the Councillors.  They are asked to indicate the relevant agenda item, the nature of the interest and in particular whether it is a disclosable pecuniary interest.

Please note that the Register of Interests is available at

Councillors’ interests, gifts and hospitality - bristol.gov.uk

Any declarations of interest made at the meeting which is not on the register of interests should be notified to the Monitoring Officer for inclusion.

None received.

To agree the minutes of the meeting held on 10 November 2022

Resolved that the minutes of the previous meeting held on the 10^th November 2022 were agreed as a correct record.

Any member of the public or Councillor may participate in Public Forum.  The detailed arrangements for so doing are set out in the Public Information Sheet at the back of this agenda.  Public Forum items should be emailed to democratic.services@bristol.gov.uk and please note that the following deadlines will apply in relation to this meeting:-

Questions - Written questions must be received 3 clear working days prior to the meeting.  For this meeting, this means that your question(s) must be received in this office at the latest by 5 pm on Thursday 25 May 2023.

Petitions and Statements - Petitions and statements must be received on the working day prior to the meeting.  For this meeting this means that your submission must be received in this office at the latest by 12.00 noon on Wednesday 31 May 2023.

None received.

Report of Interim Service Director – Legal and Democratic Services.

The Committee considered the Annual Business Report.

Membership, Chair, and Vice Chair

Members noted the membership of the Committee and that Councillor Marley Bennett had been elected Chair and Councillor Christine Townsend as Vice-Chair for the 2023/24 Municipal Year.

Noted as above

Noted as above

Terms of Reference and Meetings

The Committee also noted the Terms of Reference of the Committee and arrangements to meet as required throughout the 2023/24 Municipal Year.

Establishment of a Special Purposes Sub-Committee

The committee then discussed the establishment of a Special Purposes Sub-Committee for 2023/24 with the Chair, Vice-Chair and one other Councillor to be appointed to it.

Following discussion it was

RESOLVED – that a Special Purposes Sub-Committee is established to meet as required with the Chair, Vice-Chair and Councillor Eddy appointed to sit on it.

The Committee discussed arrangements for establishing a Sub-Committee to discuss applications through hearings throughout the 2023/24 Municipal Year.  It was

RESOLVED –

(a)   that theLicensing committee establish Licensing (Hearings) sub committees comprising any threemembers of theLicensing committee and that eachmember of the licensing committeebe appointed to serveon any such sub-committee which is convened so as to include him orher in its membership;and

(b)   that eachof the sub committeesso established shall have theterms of reference as setout in Appendix A

Delegations to Sub-Committees and Officers

The Committee noted the delegation arrangements to officers.  Agreed the recommendation made.

RESOLVED:

In respectof the functions referredto in paragraphs 1 and 3of its Terms of Reference theCommittee makesthe following arrangements: subject to thelimitations set out in (a) and (b) below officers occupying thefollowing posts:-

·       Licensing & Trading Standards Manager

·       Licensing TeamLeader Senior Licensing Officer Licensing Officer

·       Trading Standards TeamLeader Senior Trading Standards Officer

·       Trading Standards Officer

·       Trading Standards Investigator

·       Senior Environmental Health Officer(Public Health Services)

·       Environmental Health Officer(Public Health Services)

·       Principal/Team Leader/LeadEnvironmental Health Officer (Public Health Services) to include Lead Officers in each of the following specialisms:

·       Food Safety

·       Pollution Control and Pest Control

·       Port Health

·       Health and Safety

·       Food Safety and Infectious Disease control

·       Assistant Environmental Health Officer(Public Health Services)

·       Senior Pollution Control Officer

·       Pollution Control Officer

·       Public Health ServicesManager

·       Neighbourhood Enforcement and Street Scene Manager

·       TeamLeader Neighbourhood Enforcement Senior Neighbourhood EnforcementOfficer Neighbourhood Enforcement Officer

areauthorised to discharge any function which in law maybe discharged by an officer of thelicensing authority.

Limitations

(a) The powerto decide whether representations arefrivolous or vexatious may only bemade in respectof applications that officers would be empowered to proceedto determine themselvesshould it be decided that therepresentation under consideration is eitherfrivolous or vexatious.

(b) An Officermay not decide whetherto grant orrefuse an application under

theLicensing Act 2003for a personal license in any case where thereare unspent convictions.

·       In respectof the functions referredto in paragraphs 2 (a) and (b), 4(a) – (f) and 4(g)to (i) inclusive of the Committee’sTerms of Referencethe committeenotes the arrangementsmade by thefull council and the delegatedDirector under which his subordinate officers assist him in discharging functions on behalf of theCouncil.  The Committeeapproves the continuation of such arrangementsas if they had beenmade directly and particularly by this committee

·       For the avoidance of doubt the ServiceDirector -Legal Services and officers within his teamwho assist him in this task shall continue to beauthorised to institute and defend legal proceedings of any kind falling within this Committee’sterms of reference.

·       The possession of delegatedpowers shall not preventa delegated officer bringing a matter beforean appropriate body of Membersbut this should only be done following consultation  ...  view the full minutes text for item 18.

Licensing confirmed that the consultation on the CIA was underway. That members would be consulted and informed as matters progressed.  This was to enable members to update residents and be fully informed about the process. 

Oral Report of Manager, Regulatory Services.

Licensing Policy Statement

The Licensing Manager asked committee to note:

a.      The arrangements for issuing licenses for the up coming St Pauls Carnival were now well established and the TENS would be issued as agreed by all partners agencies with the Carnival committee involved in managing the event.

b.      Noted that the process agreed is not enforceable but is the suggested route for participants/vendors to support the carnival committee to manage the event.  Does not prevent individuals applying directly to Licensing.

c.       That the issue of an extension of the Pavement Licences was being considered; that a working group would be established to consider current thinking from government, Business Planning Act. 

d.      Committee were reminded that use of the pavement area was permitted during COVID; the Business and Planning Act for pavement licence allowed its operation to 30 September 2023