Agenda and draft minutes

To receive apologies for absence for the meeting.

Apologies were received from Councillor Gibson and Councillor Dart.

Councillor Pennington was in attendance as a substitution for Councillor Hawkins.

Confirmation of the Minutes of the meeting held on 4^th December 2024.

It was proposed by Councillor C Wheatley, seconded by Councillor S Inch and –

Resolved:

That the minutes of the meeting held on be agreed and signed as a

correct record.

(Vote: For – 4, Against – 0, Abstentions – 2)

Members with interests to declare should refer to the agenda item and describe the nature of their interest when the item is being considered.

Members were reminded that declarations of interest should be made as and when the specific agenda item to which they related was under discussion.

There were no Part II items.

There were no urgent matters.

To be presented by the Lead Licensing Officer.

The Lead Licensing Officer presented the report, the purpose of which was to present to the Committee proposals for the review of the Council’s Licensing Policy for Taxis and Private Hire Licences.

The Lead Licensing Officer clarified those included within ‘all interested parties’. He explained that this comprised of the general public, elected representatives, trade bodies, as well as being published on the Torridge District Council Website.

Members questioned the duration of the policy in relation to prospective devolution and unitary change. The Lead Licensing Officer explained that this policy is due for review, and will need to be updated, the new Council will become the responsible authority but how this materialises is unknown at this time. The Head of Legal and Governance (Monitoring Officer) reiterated this, stating that Torridge District Council must run as business as usual until updates are provided.

It was proposed by Councillor Bright, seconded by Councillor P Pennington and –

Resolved:

That the Taxi Licensing Policy be approved. 

(Vote, For – Unanimous)

To be presented by the Lead Licensing Officer.

The Lead Licensing Officer presented the report to the Committee, the purpose of which was to seek approval from the Licensing Committee to implement a Pavement Licensing Policy.

Members expressed concern that within the policy, the term furniture “in keeping” is not defined. The Lead Licensing Officer stated that there is no formal definition as the type of furniture would depend on the situation and location. He explained that the implementation of this would be at the discretion of the Officer.

The Committee queried the use of the word ‘maximum’ in relation to the length of the grant. The Lead Licensing Officer explained that the default term would be 2 years, however where relevant there may be reason for a shorter period, for example, a 6 month trial. For clarity, the Lead Licensing Officer offered to change the term ‘maximum’ to ‘period’.

Members questioned the definitions and difference between a pavement and an open space. Members highlighted the recent implementation of the Public Spaces Protection Order and asked if it affects the Pavement Licence Policy. The Lead Licensing Officer agreed to check the Highways Act (1980) and provide the information to Members.

The Committee asked for details about the designation of a ‘smoke’ and ‘non-smoking’ area. The Lead Licensing Officer stated that the definition of the legislation includes a need for a permitted smoking and non-smoking area. He also mentioned that it is up to the individual premises to manage these when conditions change, such as weather. To reiterate, he stated that the premises is given a plan when the licence is granted, however there is scope and flexibility for re-organisation if needed. The Lead Licensing Officer confirmed that there would need to be clear signage and designation between the smoking and non-smoking area.

It was proposed by Councillor Bright, seconded by Councillor S Inch and –

Resolved:

That the policy be approved with the alteration that ‘maximum’ be replaced with ‘period’.

(Vote, For – Unanimous)

It was agreed that although there are no items for the next meeting as of yet, the meeting will continue in case there are any changes. The Chair and Lead Licensing Officer will liaise closer to the date and determine whether or not to cancel the meeting.

There were no Part II items.