Agenda and minutes

Licensing and General Purposes Committee - Monday 7 March 2005 7.30 pm

Venue: Committee Room 1&2 Harrow Civic Centre

Contact: Michelle Fernandes, Committee Administrator  Tel: 020 8424 1542 E-mail:  michelle.fernandes@harrow.gov.uk

Items
Note No. Item

PART I - RECOMMENDATIONS - NIL

PART II - MINUTES

42.

Appointment of Chair

To note the appointment at Council on 24 February 2005 of Councillor Idaikkadar as Chair of the Committee for the remainder of the Municipal Year 2004/05.

Minutes:

RESOLVED:  That the appointment at the Council meeting on 24 February 2005 of Councillor Idaikkadar as Chair of the Licensing and General Purposes Committee for the remainder of the Municipal Year 2004/2005, be noted.

43.

Reserve Members

To note that following the re-establishment of the Committee at Council on 24 February 2005, there are no Reserve Members.

Minutes:

RESOLVED:  To note that, following the re-establishment of the Committee at Council on 24 February 2005, there are no Reserve Members currently appointed for this Committee.

44.

Appointment of Vice-Chair

To consider the appointment of a Vice-Chair to the Committee for the remainder of the Municipal Year 2004/05.

Minutes:

RESOLVED:  That, upon being put to a vote, Councillor Knowles be appointed Vice?Chair of the Committee for the remainder of the Municipal Year 2004/2005.

45.

Declarations of Interest

To receive declarations of personal or prejudicial interests, arising from business to be transacted at this meeting, from all Members present.

Minutes:

RESOLVED:  To note that there were no declarations of interests made by Members in relation to the business transacted at this meeting.

46.

Arrangement of Agenda

To consider whether any of the items listed on the agenda should be considered with the press and public excluded on the grounds that it is thought likely, in view of the nature of the business to be transacted, that there would be disclosure of confidential information in breach of an obligation of confidence or of exempt information as defined in the Local Government (Access to Information) Act 1985.

Minutes:

RESOLVED:  That (1) in accordance with the Local Government (Access to Information) Act 1985, the following agenda item be admitted late to the agenda by virtue of the special circumstances and grounds for urgency detailed below:-

 

Agenda item

 

Special Circumstances/Grounds for Urgency

 

15.  Adoption of Hearing Procedures at Panel Hearings

The report had to be drafted following the release of Regulations which came out after the despatch of the main agenda.  In addition, this item had to be considered together with other items listed on the agenda.

 

(2) all items be considered with the press and public present.

47.

Minutes

That the minutes of the meeting held on 29 November 2004, having been circulated, be taken as read and signed as a correct record.

Minutes:

RESOLVED:  That the minutes of the meeting held on 29 November 2004, having been circulated, be taken as read and signed as a correct record.

48.

Public Questions, Petitions and Deputations

To receive questions (if any) from local residents or organisations under the provisions of Committee Procedure Rule 15 (Part 4B of the Constitution).

Minutes:

RESOLVED:  To note that no public questions were put, or petitions or deputations received at this meeting under the provisions of Committee Procedure Rules 18, 15 and 16 (Part 4B of the Constitution) respectively.

Enc.

49.

Licensing of Catteries - Adoption of Model Standards pdf icon PDF 83 KB

Report of the Chief Environmental Health Officer.

Additional documents:

Minutes:

The Committee considered a report of the Chief Environmental Health Officer, which advised that the Authority licensed three existing proprietors and their premises for cat boarding, only one of which complied with the standards of the Model Licence Conditions and Guidance for Cat Boarding Establishments.  The other two premises met all of the standards except with regard to the size of the sleeping and exercise areas.  The premises were well maintained, however, and there had been no complaints concerning the premises.  Members were advised that both these catteries were small family-run businesses which would not be able to afford the financial strain of applying for the registration.

 

RESOLVED:  That (1) the Model Licence Conditions for cat boarding establishments produced by the Chartered Institute of Environmental Health dated 1995 be adopted from 1st March 2005 and this standard be applied to all new and existing catteries; and

 

(2) the two catteries which do not meet the space requirements in the standard set out in the Model Licence Conditions for cat boarding establishments be exempted from meeting that standard, providing that all of the following conditions continue to be met:

 

(i)                   that the existing space standards and standards of care are maintained;

 

(ii)                 that the existing licensee remains as owner and operator of the cattery;

 

(iii)                that the space standards in the Model Licence Conditions will apply if the cages accommodating cats are changed, added to, extended or rebuilt; the new space standards would not apply, however, merely following the repair and maintenance of the existing cages;

 

(iv)                that the catteries meet the requirements of the standards in the Model Licence Conditions in all other respects.

Enc.

50.

Response to the Office of the Deputy Prime Minister's (ODPM) Stocktake Discussion Paper "Facing the Future - Principles and Propositions for an Affordable and Sustainable Local Government Pension Scheme" pdf icon PDF 224 KB

Report of the Executive Director (Organisational Development)

Minutes:

An officer gave an oral presentation on the significant impact of proposed changes to the Local Government Pension Scheme (LGPS) which were set out in a recent Government Green Paper, and which were proposed to be implemented in April 2008.  In addition to the presentation, the Committee received a report of the Executive Director (Organisational Development), which invited Members to formulate a response to the Green Paper, for forwarding to the Office of the Deputy Prime Minister by 31 March 2005.

 

The Government was currently undertaking a consultation exercise with all stakeholders on the changes to the LGPS, which would affect both members’ benefits and contributions.  The consultation was the largest of its kind since the introduction of the Pensions Regulations in 1952, and extended to the NHS and the police.

 

A copy of the consultation paper had been forwarded to all associated Harrow Pension Fund Scheme employers, headteachers and Chairs of Governors of all Harrow Schools, and the Harrow Branch of Unison.  All parties had been invited to forward their comments either to Elected Members or direct to the Office of the Deputy Prime Minister.

 

Changes already made to the Local Government Pension Scheme had recognised that people were living longer and that there was a need to deal with the changing ratio of the active population to those in retirement.  The changes had sought to meet the social and economic challenges of such demographic changes by encouraging people to work longer, to help stabilise the affordability of pension provision for taxpayers and to provide an attractive and accessible pension framework for all employees and their employers.

 

The key changes now being proposed were:-

 

·                     amend the definition of pensionable pay (e.g. restrict to basic pay excluding other currently pensionable allowances)

·                     a pension accrual rate of 1.6% pay for each year of service

·                     the opportunity to take a larger (tax-free) retirement lump sum, by commuting pension at a fixed exchange rate of £12 of lump sum per £1 pension foregone

·                     a pivotal retirement age of 65, with the opportunity to retire earlier, retire partially or continue working and accrue enhanced benefits

·                     assess the need/demand for tiered member contributions, rising from 2.5% of pay for the lowest paid, to 10% for the highest paid

·                     two-tier ill health benefits depending on the degree of incapacity

·                     the option of a defined contribution pension scheme as a voluntary top-up arrangement (instead of the current Additional Voluntary Contribution (AVC) or added-years provisions) and possibly as an alternative to the defined benefit scheme, with an appropriate level of employer contribution

·                     revamp of the compensation regulations.

 

Members considered the key points being made in response to the Green Paper, as set out in Appendix 1 to the report, and indicated their agreement or otherwise with each.

 

RESOLVED:  That the Committee’s view on the key areas detailed in the officer report, as set out in Appendix 1 to these minutes, be agreed.

Enc.

51.

Reference from the Tenants' and Leaseholders' Consultative Forum meeting held on 6 January 2005: Matters Raised by the Cottesmore Tenants' and Residents' Association pdf icon PDF 49 KB

Additional documents:

Minutes:

Members received a reference from the Tenants’ and Leaseholders’ Consultative Forum meeting on 6 January 2005, which requested that the Committee consider the viability of closing an alleyway on the Cottesmore Estate.

 

RESOLVED:  That the reference be noted.

Enc.

52.

Re-establishment of Panels 2004/05, Review of Reserve Members to the Early Retirement Sub-Committee, and Establishment of a Subsidiary Body "Licensing Panel" pdf icon PDF 52 KB

To consider the establishment of and appointment of Members to Panels of this Committee for the Municipal Year 2004/05.

 

[Note:  The proposed memberships of the Panels relevant to this Committee are set out at on pages 11-14].

 

[NOTE:  Members are asked to note that subsidiary body memberships must be determined in accordance with the Local Government and Housing Act 1989 and regulations made thereunder.

 

Therefore, whilst the Committee has to confirm the membership of its Panels to comply with the Local Government Act 1972, the actual nominations of named Councillors are decided by each group, from within the membership of that group.

 

It is not open to the Committee to seek to change or to delay the nominations duly made by a group.  It is only if there is a failure to make a nomination or to act in due time that the Committee may seek to consider the matter further].

Minutes:

RESOLVED:  That Licensing and General Purposes Panels be established for the remainder of the Municipal Year 2004/2005 with memberships and Chairs as set out in Appendix 2.

To follow

53.

Adoption of Hearing Procedures at Panel Hearings pdf icon PDF 138 KB

Report of the Chief Environmental Health Officer.

Minutes:

The Committee considered a report of the Chief Environmental Health Officer, which set out procedures for Licensing Panel hearings under the Licensing Act 2003.

 

RESOLVED:  That the amended procedures for the Licensing Panel for hearings under the Licensing Act 2003 be agreed.

Enc.

54.

Licensing Act 2003, Transitional Arrangements pdf icon PDF 84 KB

Report of the Chief Environmental Health Officer.

Minutes:

Further to the coming into effect of the Licensing Act, an officer reported that currently only 10 completed applications for conversion had been received.  Licensees had between 7 February 2005 and 6 August 2005 to submit their forms or otherwise cease to sell alcohol.  It was explained that a high proportion of licensees found the form complex and, as a result, evening drop-in sessions had been set up so that traders could come along and get assistance with completing their forms.

 

Members were also reminded of the training session arranged for Saturday 19 March 2005 and encouraged to attend.  It was advised, however, that a further date would be arranged for those who were unable to attend.  In addition, specialist training for Chairs would be arranged once officers had received nominations from Members.  Councillors Branch, Knowles, and O’Dell requested that they be included in the training for Chairs.  Members were reminded that they would not be able to serve on a Panel until they had attended the relevant training course.

 

RESOLVED:  That the report be received and endorsed.

55.

Extension and Termination of the Meeting

Minutes:

In accordance with the provisions of Committee Procedure Rule 14.2(ii)(b) (Part 4B of the Constitution), it was

 

RESOLVED:  At 10.00 pm to continue until 10.20 pm.

Appendix 1 pdf icon PDF 81 KB

LGP Panels Appendix 2 pdf icon PDF 58 KB