Agenda item

To discuss the following matters raised by Local Council’s:

(i)         Licensed Premises and Goods Vehicle Operators Applications.

To discuss the procedures in relation to the above, to improve Liasion between the District Council and Local Councils.

Two background papers giving further information on this are attached.

(a)        Licensed Premises

In respect of applications received by the District Council under the Licensing Act 2003, Town and Parish Councils had no statutory right of consultation. It was felt that there should be a liaison function whereby Local Councils were informed of all imminent applications for local residents to comment.

The Assistant Director of Legal Services responded that the Licensing Act 2003 regulated the methodology for consultation of any applications received. If the Council implemented any further measures then its decisions could be open to legal challenge for not following due process. Despite the legal difficulties involved in advertising applications further than the current measures, the Council was examining the viability of publicising applications received on the Council’s website.

The Committee were informed by Moreton, Bobbingworth and the Lavers that the Government was currently reviewing the Licensing Act 2003, in order to incorporate more participation by Town and Parish Councils. Epping Upland reminded the Committee that the involvement of Local Councils was currently undefined and that local Councillors required a mandate from local residents to attend a Sub-Committee meeting and represent their views.

The Town and Parish Councils felt that publicising applications received by the District Council under the Licensing Act 2003 on the District Council’s website would be beneficial, and the Deputy Chief Executive undertook to add this idea to the work programme for the District Council’s Website Development Board.

(b)       Goods Vehicles Operators Applications

Advice had been requested on how Town and Parish Councils could have an input into the decision making process for applications to the Traffic Commissioner for goods and public service vehicle operators licences.

The Senior Enforcement Officer advised the Committee that the Traffic Commissioner made the decision in such cases and that the District Council had a minimal power of intervention. Applications received by the Traffic Commissioner were monitored by the District Council and representations made accordingly. However it had been made clear to the District Council that objections could only be based upon environmental issues and not planning grounds. Local Councils could be informed of forthcoming applications but any representations should be made to the Traffic Commissioner. The Deputy Chief Executive stated that the District Council would investigate whether details of all relevant applications could be disseminated to Town and Parish Councils for their consideration.

The Senior Enforcement Officer added that details of the routes taken by the vehicles were not part of the licence application, as this was the responsibility of the local Highway Authority. The District Council agreed to advise the Town and Parish Councils of how to report incidents relating to goods and public service vehicle licences, such as the routes used by such vehicles and consequent damage. In terms of enforcement action, the District Council would monitor any planning conditions for the site concerned whilst any conditions to the Licence itself would be monitored by the Traffic Commissioner. It was not known whether the Police was routinely informed of applications in order to make comment, and the District Council agreed to clarify the Police’s involvement in the process. The Committee was informed that tractors and other associated agricultural vehicles did not require licenses from the Traffic Commissioner.

            RESOLVED:

(1)        That the possibility of publicising applications received under the Licensing Act 2003 on the District Council’s website be investigated by the District Council’s Website Development Board;

(2)        That methods of disseminating information in respect of goods and public service vehicle operators licences received by the Traffic Commissioner for the East of England to Town and Parish Councils be investigated by the Director of Planning & Economic Development;

(3)        That Town and Parish Councils be advised of how to report incidents in relation to goods and public service vehicle operators; and

(4)        That the involvement of the Police in determining applications for goods and public service vehicle operator licences be clarified and reported back to local councils.