Committee details

Licensing and Regulatory Committee

Purpose of committee

LICENSING AND REGULATORY COMMITTEE

TERMS OF REFERENCE

 

No Member may sit on this committee, the Licensing Sub-Committees until he or she has undergone basic training on the law and procedure relating to the functions of those committees.

 

i.     To deal with all matters in relation to the Licensing Act 2003 except the setting and adopting of the Statement of Licensing Policy which must be reserved to the Council;

ii.    To deal with all matters in relation to the Gambling Act 2005 except the setting and adopting of the Gambling Policy which must be reserved to the Council;

iii.   To exercise the Council’s regulatory and enforcement powers and duties in respect of all other licensing authorisations, licenses, permits, consents or similar under all statutory provisions;

iv.   The above functions to be exercised where they have not been specifically reserved to other committees or to officers, save as to in relation to officers where in the opinion of the Head of Corporate Resources the matter should be determined by the Licensing and Regulatory Committee;

v.    o recommend the implementation or amendment to byelaws on all licensing matters to Council for adoption; and

vi.   To adopt policies in relation to all Licensing and Regulatory Policies (except the Statement of Licensing Policy and Gambling Policy) and budgets and setting of fees and charges.

 

LICENSING SUB-COMMITTEE (THREE MEMBERS TO BE APPOINTED AS AND WHEN NEEDED IN ROTATION (WHEREVER PRACTICAL) FROM THE LICENSING & REGULATORY COMMITTEE

 

To hear appeals against penalty points awarded against drivers and other taxi related appeals where no statutory right of appeal exists.

 

LICENSING PANEL (THREE MEMBERS TO BE APPOINTED AS AND WHEN NEEDED

IN ROTATION (WHEREVER PRACTICAL) FROM THE LICENSING & REGULATORY

COMMITTEE

 

In accordance with Section 10 of the Licensing Act 2003, the Licensing and  Regulatory

Committee has delegated to the Head of Corporate Resources the functions of the

Licensing Act 2003 except the following:-

 

a.    Determination of application for premises licence where no representations have been made;

b.    Determination of application for provisional statement where no representations have been made;

c.    Determination of application to vary designated premises supervisor following police objection;

d.    Determination of application for transfer of premises licence following police objection;

e.    Consideration of police objection made to interim authority note;

f.     Determination of interim steps pending summary review;

g.    Determination of application for club premises certificate where representations have been made;

h.    Determination of application to vary club premises certificate where representations made;

i.     Decision to give counter notice following police objection to temporary event notice

j.     Determination of application for grant of personal licence following police objection

k.    Determination of application for renewal of personal licence following police objection;

l.     Revocation of licence where convictions come to light after grant etc.

m.   Determination of application for review of premises licence where relevant representations made;

n.    Determination of application for review of club premises licence where relevant representations made; and

o.    Review following closure order in a case where relevant representations made.

 

DELEGATION OF OTHER LICENSING PROVISIONS DELEGATED TO THE HEAD OF CORPORATE RESOURCES

 

1.    Determine application for all taxi/private hire related licenses or permits which the council has power to grant, where no objection has been made, including imposition of conditions;

2.    Determine applications for all taxi/private hire related licenses or permits which the Council has power to grant, where an objection has been made, but an urgent decision is required (in consultation with Chair);

3.    Select three members from the sub-committee to determine applications relating to the Licensing Act 2003 where an objection has been made;

4.    Determine applications for all other licenses or permits which the Council has power to grant, where no objection has been made, including imposition of conditions;

5.    Determine applications for all Licences or permits which the Council has power to grant, where an objection has been made, but an urgent decision is required (in consultation with Chair);

6.    Authorised Officers to carry out enforcement of all matters within remit of the Committee; 

7.    Delegation to officers common to all Committees;

8.    Determine applications for Street Trading Consents; and

9.    Issue and serve notices under legislation for the protection of streets, highways, watercourses, sewers etc., which are within the remit of the Services Committee.

 

DELEGATION OF BUILDING CONTROL POWERS TO THE PLANNING CONTROL MANAGER

 

To exercise the powers and duties of the Council under the Building Act; Building Regulations; The Building (Local Authority Charges) Regulations; The Building (Approved Inspectors etc.) Regulations and relevant sections of the Leicestershire Act; Government Miscellaneous Provisions Act; Safety of Sports Grounds Act; Town Improvement Clauses Act and Public Health Act, or other similar statutory enactments.

 

These powers are exercisable in respect of any authorised Building Control Surveyor in consultation with the Planning Control Manager:-

 

1.    Approve or reject notices or plans under the Building Regulations or similar enactments;

2.    To determine amendments to approved Building Regulations applications;

3.    Authorise classification of land or buildings as dangerous, within the meaning of the highways or Building Acts or similar enactments;

4.    To require or execute remedial works to, or the demolition of dangerous buildings or structures;

5.    To accept or reject Initial Notices;

6.    To control work partially completed in respect of an Initial Notice;

7.    To control the construction of cellars;

8.    To control the demolition of buildings and structures;

9.    To control building work to which the Building Regulations and similar statutory enactments apply;

10.    To enforce the Building Regulations and take enforcement action where there is a breach of the Building Regulations;

11.    To alter or remove offending building work;

12.    To require the provision of satisfactory drainage and the repair, renewal or cleansing of defective drainage systems;

13.    To require the provision of satisfactory means of ingress and egress from buildings;

14.    To require the provision and maintenance of adequate means of escape from buildings;

15.    To require adequate fire precautions in high buildings and large storage buildings;

16.    To require the raising of chimneys;

17.    To execute remedial works to defective premises;

18.    To require or execute works to ruinous or dilapidated buildings;

19.    To require the marking of buildings with numbers;

20.    To require the repair of walls to passages and gardens;

21.    To execute works in order to protect buildings against unauthorised entry;

22.    Exercise powers and duties of the council under the Building Act, Building Regulations or similar statutory enactments;

23.    Approve or reject notices or plans under the Building Regulations or similar enactments; and

24.    Authorise classification of land or buildings as dangerous, within the meaning of the highways or Building Acts or similar enactments.

 

DELEGATION TO THE HEAD OF COMMUNITY FOR ENVIRONMENTAL HEALTH MATTERS

 

1.    Be responsible for burial of dead pursuant to Public Health (Control of Diseases) Act 1984;

2.    Provide dog bins;

3.    Be responsible for the repair and clearance of private drains; and

4.    Exercise statutory powers, issue and serve notices under all statutory provisions, relating to:-

 

a.    Disinfestations of people/property;

b.    Defective premises;

c.    Sanitation;

d.    Pest Control;

e.    Nuisance;

f.     Environmental Protection Act 1990;

g.    Houses in multiple occupation;

h.    Improvements to houses;

i.     Accumulations;

j.     Abandoned vehicles;

k.    Health and safety;

l.     Food safety;

m.   Public health; and

n.    Determine acceptable chimney heights.

Membership

Contact information

Support officer: 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

Postal address:
Council Offices
Station Road
Wigston
Leicestershire
LE18 2DR

Phone: (0116) 257 2 642/590/593

Fax: (0116) 288 7828

Email: licensing@oadby-wigston.gov.uk environmental.health@oadby-wigston.gov.uk building.control@oadby-wigs

Web site: www.oadby-wigston.gov.uk