Agenda and minutes

Licensing and Regulatory Committee
Thursday, 5th April, 2018 6.30 pm

Venue: Council Chamber - Council Offices. View directions

Contact: Licensing, Environmental Health or Building Control  Tel: (0116) 257 2 Ext. 642 (Lic) Ext. 590 (EvnH) Ext. 593 (BCon) Email: licensing@oadby-wigston.gov.uk Email: environmental.health@oadby-wigston.gov.uk Email: building.control@oadby-wigston.gov.uk

Items
No. Item

24.

Apologies for Absence

Minutes:

An apology for absence was received from Councillors E R Barr, Mrs K M Chalk, Miss M V Chamberlain and R F Eaton.

25.

Declarations of Interest

Members are reminded that any declaration of interest should be made having regard to the Members’ Code of Conduct. In particular, Members must make clear the nature of the interest and whether it is 'pecuniary' or ‘non-pecuniary'.

Minutes:

None.

26.

Minutes of the Previous Meeting held on 25 January 2018 pdf icon PDF 66 KB

To read, confirm and sign the minutes of the previous meeting in accordance with Rule 17 of Part 4 of the Constitution.

Minutes:

By affirmation of the meeting, it was

 

UNANIMOUSLY RESOLVED THAT:

 

The minutes of the previous meeting of the Committee held on 25 January 2018 be taken as read, confirmed and signed.

27.

Action List Arising from the Meeting held on 25 January 2018 DOCX 47 KB

To read, confirm and note the Action List arising from the previous meeting.

Minutes:

The Committee was advised that it would be difficult to justify the implementation of a policy requiring all hackney carriage vehicles to be complaint with the Equality Act 2010 for passenger accessibility or to be a specific colour as this would involve a considerable amount of expenditure that would yield only a relatively small benefit.

 

The Committee was informed that Officers had attended the last meeting hosted by the Leicestershire District Partnership Environmental Enforcement Forum on 22 March to devise a campaign across Leicestershire to target fly-tipping. Further details regarding the campaign are provided in the report at agenda item 6, paragraph 3.5.

 

Members requested that a clear definition of what constituted “household waste” was needed in order to clarify what was subject to charging at waste disposal sites.

 

The Committee was informed that a Letterbox article advising residents to first check if waste disposal firms held the relevant permits was necessary as householders were ultimately liable for the person(s) to whom they entrust the disposal of their waste.

 

The Committee was advised that the Council did not have any plans to introduce three, free bulk waste collections per year and that discretionary relief for the charging of the collection of bulk waste was available to those of limited means.

 

The Committee was advised that reports of private hire vehicles parking in the taxi ranks and other parking spaces on Leicester Road, Wigston had been investigated.

 

The Committee was advised that all Oadby and Wigston operators had been written to reminding them about their responsibilities under the law and policy for accepting assistance dogs and not charging an increased fare for disabled passengers.

 

By affirmation of the meeting, it was

 

UNANIMOUSLY RESOLVED THAT:

 

The Action List be noted by Members.

28.

Petitions and Deputations

To receive any Petitions and, or, Deputations in accordance with Rule 24 of Part 4 of the Constitution.

Minutes:

None.

29.

Corporate Enforcement Update DOCX 110 KB

Report of the Environmental Health & Licensing Team Leader

Minutes:

The Committee gave consideration to the report (at pages 7 - 14) as delivered and summarised by the Environmental Health & Licensing Team Leader which should be read together with these minutes as a composite document.

 

Dog Fouling

 

A verbal update was provided at the meeting which informed the Committee that between January and March 2018, a total of 26 dog-related service requests had been received: only one request related to dog fouling and three requests related to aggressive dogs. All service requests were said to have been dealt with efficiently.

 

It was raised by the Committee and advised upon by Officers that in view of reports by Members of a number of persistent dog fouling offenders at particular hotspots in the Borough, the review and tendering of the stray dog service contract was to include an enforcement element whereby action could be targeted accordingly.

 

Public Space Protection Orders (PSPO’s)

 

The Committee noted its concern regarding the delay in bringing forward the enactment of the PSPO since its approval at Full Council on 22 February.

 

The Committee was advised that the final stages of the PSPO’s implementation required the erection of bespoke signage which could not have been ordered until the detail of the PSPO was approved. Members were assured that the signage would be erected and an enactment date confirmed as soon as reasonably practicable.

 

Pest Control Service

 

The Committee was advised that a full and up-to-date financial appraisal in respect of the service, including a year-on-year analysis identifying any service trends, was brought back to the Committee in July so that a view could then be taken as to its commercial viability in terms of any significant capacity to generate additional income or to breakeven in the future taking into account seasonal variations in demand.

 

It was reported that the current financials as set out in the report were a true reflection of the service’s income due to upfront payments being taken in accordance with the revised scales of fees and charges which were effective from 1 July 2017. It was also said that opportunities to promote and secure large commercial contracts were to taken by Environmental Health Officer (EHO’s) whilst out on fieldwork.

 

Fly-Tipping and Abandoned Vehicles 

 

The Committee requested that a further breakdown of information be provided to Members in terms of how many reports of incidents perceived to be fly-tipping and abandoned vehicles were in fact deemed by Officers to be such incidents.

 

Food Hygiene

 

It was raised by the Committee and advised upon by Officers that, having been awarded a food hygiene score of ‘0’, steps were being taken by the Satya Restaurant in Oadby to improve their rating. It was said that the restaurant’s next inspection was due in three months, unless requested earlier by the restaurant, and that its progress was being closely monitored by EHO’s during the interim period. If serious concerns remained, the option to service a notice to force closure was available.

 

New Legislation/Policy

 

The Committee was advised that the  ...  view the full minutes text for item 29.

30.

Licensing of Scrap Metal Dealers and Collectors DOCX 88 KB

Report of the Licensing Officer

Additional documents:

Minutes:

The Committee gave consideration to the report and appendix (at pages 15 - 26) as delivered and summarised by the Licencing Officer which should be read together with these minutes as a composite document.

 

The Committee was advised that a licensed scrap metal site or mobile collector was not entitled to receive or take scrap metal from any person without their consent or before verifying their name and address. It was also said that licence holders were required to keep a record of all scrap metal received and disposed of for 3 years.

 

The Committee raised concerns insofar as there were: a number of scrap metal collectors within the Borough without the appropriate licence; a number of scrap metal sites within the Borough believed to be holding the appropriate licence yet did not feature at paragraph 3.2 of the report; and one scrap metal dealer named at paragraph 3.2 had been issued with two licences contrary to the Council’s adopted Licensing of Scrap Metal Dealers Policy (“the Policy”).

 

Officers assured Members that further investigations would be undertaken in response to the concerns raised and would report back to the Committee. Further clarification of the Policy with reference to the legislation was also to be provided.

 

By affirmation of the meeting, it was

 

UNANIMOUSLY RESOLVED THAT:

 

The contents of the report be noted by Members.

31.

Exclusion of Press and Public

The press and public are likely to be excluded from the remainder of the meeting in accordance with Section 100(A)(4) of the Local Government Act 1972 (Exempt Information) during consideration of the item(s) below on the grounds that it involves the likely disclosure of exempt information, as defined in the respective paragraph(s) 1, 2 and 7 of Part 1 of Schedule 12A of the Act and, in all the circumstances, the public interest in maintaining the exempt item(s) outweighs the public interest in disclosing the information.

Minutes:

By affirmation of the meeting, it was

 

UNANIMOUSLY RESOLVED THAT:

 

The press and public be excluded from the remainder of the meeting in accordance with Section 100(A)(4) of the Local Government Act 1972 (Exempt Information) during consideration of the item(s) below on the grounds that it involved the likely disclosure of exempt information, as defined in the respective paragraph(s) 1, 2 and 7 of Part 1 of Schedule 12A of the Act and, in all the circumstances, the public interest in maintaining the exempt item(s) outweighed the public interest in disclosing the information.

32.

Asbestos Contamination at Marstown Avenue, South Wigston (Verbal Update)

Verbal Update of the Head of Law & Governance / Monitoring Officer

Minutes:

The Committee gave consideration to exempt verbal update as delivered by the Head of Law & Governance / Monitoring Officer in closed session.

 

By affirmation of the meeting, it was

 

UNANIMOUSLY RESOLVED THAT:

 

The exempt verbal update be noted by Members.

 

The Committee expressed its retirement wishes to the outgoing Licensing Officer.