Agenda and minutes

RESOLVED:  To note the attendance at this meeting of the following duly appointed Reserve Members:

To receive declarations of personal or prejudicial interests, arising from business to be transacted at this meeting, from:

(a)               all Members of the Committee, Sub Committee, Panel or Forum;

(b)               all other Members present in any part of the room or chamber.

RESOLVED:  To note that the following interests were declared:

Agenda Item 6 - Determination of Application to Renew Pet Shop Licence for Sylvesters Pet Shop, 257 Long Elms, Harrow Weald, HA3 6LE

Councillor Susan Hall declared a personal interest in that she had received e?mails from the applicant, Mr Wood, and was also a Ward Councillor for the area in which Sylvesters Pet Shop was located.  She would remain in the room whilst the matter was considered and voted upon.

Councillor Camilla Bath declared a personal interest in that her brother lived in Waterford, a city referred to in the agenda.  She would remain in the room whilst the matter was considered and voted upon.

CouncillorThaya Idaikkadar declared a prejudicial interest in that he was the Portfolio Holder for Property and Major Contracts.  As Sylvesters Pet Shop occupied Council property, he would leave the room whilst the matter was considered and voted upon.

That the minutes of the meeting held on 6 September 2010 be taken as read and signed as a correct record.

An officer stated that the minutes circulated with the agenda contained an error in that certain content had been duplicated.  The error was limited to the document circulated with the agenda and Members were assured that the correct minutes had been published on the Council’s website.  Members were provided with a copy of the published minutes for reference.

RESOLVED:  That the minutes of the meeting held on 6 September 2010 be taken as read and signed as a correct record.

To receive petitions (if any) submitted by members of the public/Councillors under the provisions of Committee Procedure Rule 15 (Part 4B of the Constitution).

RESOLVED:  To note that no public questions were put, or petitions received at this meeting under the provisions of Committee Procedure Rules 17 and 16 (Part 4B of the Constitution) respectively.

To receive deputations (if any) under the provisions of Committee Procedure Rule 16 (Part 4B) of the Constitution.

The Chairman stated that the Committee had been requested to determine an application to grant a pet shop licence for Sylvesters Pet Shop, 257 Long Elms, Harrow Weald, HA3 6LE.  In order to allow both the applicant and the Licensing Authority the opportunity to make representations, the Committee agreed to suspend Committee Procedure Rule 16, thereby allowing both parties 10 minutes each to outline their respective cases after which Members would have the opportunity to ask questions.

The applicant, Mr Wood, made his representation to the Committee. He stated the following:

·                    the pet shop had originally opened in June 2006 following significant investment.  The property was owned by the Council and the previous tenant had vacated the premise with rent arrears. In contrast, he had always paid his rent on time;

·                    he had submitted his pet shop licence renewal application in March 2010 and Ms Khan of the Council’s Licensing Authority had subsequently visited the premises.  Following the inspection Mr Khan had stated that he was happy with what he had seen and that the new licence would be issued shortly.  However, eight months after this visit, no licence had yet been issued;

·                    he was of the view that there were personality issues within the Council’s Licensing Department which had delayed the processing of the application.  Many of the complaints the Council had received against Sylvesters Pet Shop had not been shared with the owner and therefore he had been unable to take any action or determine whether the complaints were valid;

·                    Sylvesters Pet Shop employed a number of local people and if the licence was not granted they would be made redundant.  The conditions of the premises’ lease meant that the building could only be used as a pet shop;

·                    the documents contained within the agenda pack were one-sided and did not consider the positive impact Sylvesters Pet Shop had on the local area;

·                    he had requested that the hearing be postponed to allow him to submit a more comprehensive response to the allegations being made by the Licensing Authority.  This request had been denied and he felt that the Council was not complying with the principles of natural justice.

Speaking on behalf of the Licensing Authority, Miss Forde made her representation to the Committee.  She stated the following:

·                    the Council had noticed an increase in the number of complaints relating to Sylvesters Pet Shop.  Complaints had been received from customers, a vet and the RSPCA.  The majority of complaints related to the sale of unhealthy puppies and the misrepresentation of non-pedigree dogs as pedigree;

·                    Mr Wood had been requested to provide details of his breeders, as required by the conditions of his licence.  It had taken Mr Wood 3 months to supply this information and much of the data was incorrect or lacking in detail.  Most of the breeders utilised by Mr Wood were based in the Republic of Ireland where breeders did not require a licence to operate;

·                    if Mr Wood continued to source his dogs from  ...  view the full minutes text for item 25.

To resolve that the press and public be excluded from the meeting for the following item of business, on the grounds that it involves the likely disclosure of confidential information in breach of an obligation of confidence, or of exempt information as defined in Part I of Schedule 12A to the Local Government Act 1972:

RESOLVED:  That the press and public be excluded from the meeting for the following items of business, on the grounds that they involve the likely disclosure of confidential information in breach of an obligation of confidence, or of exempt information as defined in Part I of Schedule 12A to the Local Government Act 1972 for the reasons set out below:

Report of the Corporate Director of Community and Environment

Having heard the representations of both the applicant and the Licensing Authority, the Committee considered the application.

RESOLVED:  That the licence for Sylvesters Pet Shop be granted, subject to the following conditions:

1.                  Animals are not permitted to be kept in wired cages.

2.                  Mixing of breeds of dog is not permitted save where one dog of a particular litter remains.  In this situation it is acceptable to mix only this one remaining dog with dogs of a similar breed and size.

3.                  A thermometer capable of measuring the minimum and maximum temperatures within the shop is to be provided and accurate records kept of temperatures.  Adequate measures must be taken to ensure that the minimum temperature does not fall below acceptable/comfort levels.

4.                  All pens for holding dogs (including isolation pens) should be graduated to allow for fall of drainage and a drain should be in place at the lowest point.  The licence holder is to ensure that this condition is implemented within 3 months of notification.

5.                  All pens for holding dogs (including isolation pens) should contain a raised sleeping area for the puppies.

6.                  No dog shall be sourced from a breeder unless the breeder is licensed, or where there is no licensing requirement, the local authority will where appropriate appoint an independent person to conduct an inspection of the breeder’s premises to verify that animal welfare is to an acceptable standard i.e. an “approved breeder”.  Where it is deemed that the breeder’s premises are not of acceptable standards, the licence holder will be informed and will cease to source dogs from this breeder until such time as a re-inspection confirms that the premises conforms to acceptable animal welfare standards.  The Licence Holder shall be responsible for the cost to be incurred by the Local Authority for purposes of this condition.

7.                  The licensee shall ensure that dogs sold from the premises are purchased direct from a licensed breeder or where there is no licensing requirement, from an “approved breeder” as detailed in condition 6 above.  It is not permissible to obtain a dog from any dealer or through an agent or any other intermediary, who has acquired the dog or has the dog in their care.

8.                  No dogs with docked tails are permitted to be displayed for sale or sold from this premises save for where a dogs’ tail has been docked for veterinary reasons.  This reason and the veterinary surgeon that carried out the procedure, to be recorded in the register of the premises.

9.                  No dog under 8 weeks old is to be displayed for sale or shown to the members of the public.

10.             On arrival at the premises, dogs are to be held in an isolation area for a period of 5 days from the date of arrival to allow for rest and recuperation.  The dogs are not to be shown to members of the public or displayed for sale during this time.

11.             All dogs to be microchipped by a  ...  view the full minutes text for item 27.

Report of the Director of Legal and Governance Services Department

The Committee received a report of the Director of Legal and Governance Services which detailed two decisions that had been taken under the Council’s Non-Executive Decision Procedure in relation to flexible retirement.

The Chairman queried why the two cases had not been considered by the Early Retirement Sub-Committee.  An officer explained that the Non-Executive Decisions had been required as it had not been possible to call an Early Retirement Sub-Committee meeting during the summer recess and the flexible retirement dates had fallen within this period.  The officer added that the Council’s Constitution required all decisions taken under the Non-Executive Decision Procedure to be reported to the appropriate Committee.  The Chairman stated that, in the future, he would prefer the Early Retirement Sub-Committee to consider all cases.

RESOLVED:  That the report be noted.