L2/12
LICENSING ACT 2003 - CUMULATIVE IMPACT Members considered an application from Cambridgeshire Constabulary for a Cumulative Impact Assessment (CIA) for Wisbech Town Centre. Members were informed that:
Cambridgeshire Constabulary recommends within its report, of which members received a copy, that consideration should be given to establish a CIA in Wisbech Town Centre, comprising either:the existing DPPO zone, or a 0.3 mile radius of the Market Place, or the areas within the Town Centre with the greatest number of licensed premises, ie the area between Nene Quay and Market Place and the Norfolk Street area; some authorities have implemented a Cumulative Impact Policy, where town centres have seen a proliferation of late night venues with the flexible licensing hours brought by the implementation of the Licensing Act 2003 and members received a copy of Cambridge City's Cumulative Impact Zone Review for 2010; there is no reference to saturation policies or to cumulative impact zones in the Licensing Act 2003. However, guidance issued under Section 182 of the Act defines "cumulative impact" as the potential impact on the promotion of the licensing objectives of a significant number of licensing premises concentrated in one area and that the cumulative impact of licensed premises on the promotion of the licensing objectives is a proper matter for a licensing authority to consider in developing its licensing policy statement; there must be an evidential basis for the decision to include a special policy on cumulative impact within the Statement of Licensing Policy. This evidence can be obtained from sources, such as the Police and Community Safety Partnership, who have information about alcohol-related violent crime and anti-social behaviour that may identify cumulative impact as a problem. Members received a copy of the Fenland Community Safety Partnership Strategic Assessment for 2012/13 and the end of year monitoring report for this partnership identified that Fenland has the 4th worst (out of 15) rate of violent crime compared to similar local authorities; after considering the available evidence and following a public consultation, the Licensing Authority may decide that it is appropriate and necessary to include a special policy within the Statement of Licensing Policy; the Cumulative Impact Policy will only affect new applications and variations of premises licences and club premises certificates within the designated area, and will only have effect when relevant representations are received. The responsibility will lie with the applicant to demonstrate in their application that there will be no negative effect on the licensing objectives should their application be granted; if members agree to the request, a report would need to be submitted to Cabinet for permission to consult over a special policy for a Cumulative Impact Zone. If the results of the consultation were favourable and consultees were in agreement with the Policy, a report would be brought back to committee, then Cabinet for approval of a special policy amending the Licensing Policy to create a Cumulative Impact Zone in a designated area of the district; members are requested to consider whether it is appropriate to consult on a Cumulative Impact Zone for Wisbech and in what form this zone should take. To assist members in their considerations, they received three presentations, as follows:
Rob Mitchell, Safer Fenland Partnership Development Officer, gave a presentation on the Fenland Community Safety Partnership's (FCSP) alchohol-related projects and priorities 2012/13, with alcohol-related incidents and public perception being highlighted during the FCSP strategic assessments and performance reports and there being a focus on certain projects to reduce environmental impact and perception. From 1 April 2012 to 30 June 2012, total crimes in Fenland has been reduced by 16.5% and in relation to other offences: all violent crime reduced by 15.7% reduction in criminal damage by 13.2% detection of shoplifting offences 71.9% reduction in drug offences 50.8% reduction in anti-social behaviour currently on target compared to 2011/12 incidents; Kim Winterton, Licensing Team Leader, gave a presentation on a number of new initiatives and projects that are impacting on the voluntary district crime schemes including the FenBAC project, with the aim of this project to be the overarching umbrella with the other initiatives and projects placed underneath to protect and promote information, education, advice and assistance. Members were informed of the benefits, risks and what success would look like under this new initiative. A welcome pack folder will be produced with a raft of information and contact details for new premises and trade members, together with a media campaign, training workshops, recognising and rewarding high standards, a toolkit for crime prevention with the aim of improving the theft and alcohol-related anti-social behavour statistics; Michelle Bishop, Licensing Compliance Officer, gave a presentation on the Licensing '3 Strikes' initiative, whose objective is to ensure full compliance of 29 identified premises within a 2 mile radius of Wisbech Town Centre, with a three month turn around period of these premises.
Members asked questions and received responses in relation to the presentations, as follows:
Councillor Booth asked if the decrease in crime is reported crime? Officers advised that reported crime is the only way of looking at the crime levels that Fenland has, however, the FCSP Continuous Assessment document does also identify hotspot areas; Councillor Miscandlon asked who decides if an incident is alcohol-related? It was advised that a Police report would contain markers that identify this, a risk assessment is undertaken on an arrest and on bringing into custody if a person is intoxicated and the level of intoxication; Councillor Mrs Bucknor referred to rough sleepers and that when she drew attention to the CCTV team about rough sleepers in The Spinney she was told that there was no central number to call and to ring the March out of hours number and she feels that there is no-one these instances can be reported to 24/7 and it is disjointed service, especially at weekends. Officers advised that it is not disjointed, the CCTV will monitor and record it on a 24/7 basis, but would not react immediately unless crime is being committed and then the Police would get involved. The Safety Fenland Partnership Development Officer agreed to take the issue about weekend incidents being monitored and recorded back to the out of hours team; Councillor Miscandlon asked in relation to Taxiwatch gathering information on offenders in their cabs is there any move towards CCTV in cabs? Officers advised that the committee has agreed that taxis can have CCTV, but this will be a cost to the driver to fit the equipment, however, some individual drivers have already installed this equipment; Councillor Mrs Bucknor referred to the plans for training and asked will it be specifically related to the towns? Officers advised that the training sessions will be tailored to fit, with the first session being held at The Boathouse, but other sessions will occur in each of the market towns depending upon the responses received, however, the invite will go to everyone for all sessions; Councillor Booth asked if there is not a risk that processes become too overburdened and officers time become more administrative rather than doing the 'day job'? Officers advised that most of the initiatives are occuring already, the last piece is in relation to promoting and achieving the compliance level; Councillor Booth asked if a CIA is required as all these initiatives are in place to achieve compliance or will the assessment be supplementary to these initiatives? Officers advised that every tool that is possible is required to deal with the issues that exist; Councillor Mrs Mayor asked what issues the premises had that were non-compliant? Officers advised that the majority of premises did not have its licensing summary displayed, therefore, with no licence displayed it is not known what is on the licence; Councillor Mrs Bucknor asked if some issues were weighted to highlight any particular serious non-compliant issues? Officers advised that some issues were advice only and some of the other issues that were identified were premises opening past opening hours, selling alcohol earlier than the licence permits, and the alcohol display not being in the position that is shown on the plans; Councillor Hatton asked about under age sales and Challenge 25, as there has been no mention of compliance with these and can officers be assured that if a spot check was undertaken today the premises would still be compliant? Officers advised that Trading Standards do spot testing and unannounced compliance checks and would inform Licensing if it has any issues. Councillor Hatton stated that he is a believer of complete unannounced checks. Officers advised that they do undertake routine inspections of any premises, but there are other agencies that make visits at other times and a promise has been made to the Police that Licensing will be undertaking checks outside normal working hours to ensure premises remain compliant; Councillor Mrs Bucknor asked if the premises were all off-licences? Officers advised that the premises were identified as having issues by the Police; Councillor Owen asked if Licensing receives notifications from members that premises are not compliant? Officers advised that they have not received any notifications; Councillor Booth asked if officers had any concerns about Tesco's, which was one of the 29 premises identified, as it is the biggest seller of alcohol in Wisbech? Officers advised that as far as Licensing is concerned they are checking that it is operating within the permissions set out in its licence. Inspector Sissons of Cambridgeshire Constabulary presented his case for a CIA for Wisbech Town Centre and informed members that:
the drinking culture has changed as pub prices have increased and the community of Wisbech has changed drastically, with premises using alcohol as a means of making money the Licensing Act objectives are the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm. He does not believe the CIA will be a complete solution in itself, but with the range of other tools that exists, it will assist the number of licensed premises in Wisbech is 70, which is on par with bigger towns, with 59 being within 0.3 miles of the Market Place and the two distinctive areas being the Market Place itself and the Norfolk Street area the impact of these premises is that alcohol-related violent crime has risen by 7.5%, alcohol-related anti-social behaviour has risen by 8.7% and alcohol-related criminal damage has risen by 9.8%, which are all assisting in the failing of the objective of the prevention of crime and disorder the Police are increasingly making drunkenly disorderly arrests, with 46 arrests in the last year the hotspot area for alcohol-related violent crime is where the highest concentration of licensed premises exist, with a third of violent crime happening in the pub cluster areas. Also, two significant concentrations of alcohol-related criminal damage and anti-social behaviour occur in the pub cluster areas when compared to the whole of Cambridgeshire, Wisbech has the second highest amount of crime, second only to Cambridge City 65.2% of alcohol-related violent crimes occurred between 7pm and 4am, with 6 out of 10 occurring on a Friday or Saturday night and 53.7% of alcohol-related anti-social behaviour occurred between the same times, with over half being on a Friday or Saturday night policing has been adjusted accordingly, but the Police Force is under financial constraints, the cell blocks are in the Norfolk area and there are cut backs in other agencies meaning that officers have to provide more first aid, which all puts pressure on limited resources the intention is to change the environment that creates these problems and the ethos of someone opening a licensed premises the DPPO from April to December 2011 has enabled 675 seizures of alcohol, which is an average of 75 per month, which is an incredible amount of alcohol being taken off the streets alcohol is known to be one of a number of factors which can impact upon a person's propensity to commit crime and the Police are concerned that due to the number of licensed premises in Wisbech it is likely to attract offenders who are under the influence of alcohol to a crime or anti-social behaviour hotspot according to the Institute of Alcohol Studies that where you have a cluster of licensed premises people who get drunk going into these areas raises the instances of crime consideration should be given to establishing a CIA in Wisbech based on one of three options detailed, however, account should be taken of displacement that this may cause Wisbech is only being considered at present as the process is resource intensive and this is an area where the problem is greatest, which can be assessed before considering other areas of the district he wants Wisbech Town Centre to be an area that people want to go in the evening to enjoy themselves, not somewhere where people want to fight, be sick and urinate. Members asked questions and received responses as follows:
Councillor Mrs Mayor asked if the number of DPPO seizures was known for this year? Inspector Sissons advised that since 2008 there have been 2,000 seizures. Officers advised that the DPPO will be brought back to the committee before the end of the year; Councillor Owen referred to the crime statistics, feeling that due to the economic climate people should have less money to purchase alcohol so the statistics should decrease? Inspector Sissons advised that drinking habits have changed, with not as many people going to licensed premises to drink, but people will drink no matter what economic climate there is. He has not seen any reduction in alcohol-related crime to suggest people are drinking less; Councillor Owen asked if a local dress shop applied for a licence to sell alcohol what evidence can be provided not to grant the licence? Inspector Sissons advised that at present the Police would have to provide evidence to say the licence should not be granted, but a CIA turns this around by putting the onus on the applicant to state why it would not cause an impact; Councillor Mrs Cox stated that urination is a problem and there is a problem in Wisbech Park, with the PCSO's being absent when they are most needed. Inspector Sissons advised that the Police has mandatory levels of officers, with in Fenland it being 7, but generally there are 14 on shift over peak periods. The PCSO role is completely different to a Police Officer, with there being more emphasis on a reassurance role; Councillor Mrs Bucknor referred to paragraphs 1.8 and 1.9 of the officers report and that it is the applicant to prove there is no negative effect and if no representations are received the licence would be granted. Inspector Sissons confirmed this to be the case in that the applicant will have to provide evidence that the proposal would not impact on crime and disorder, and if the Police are happy with this it will not make any representations and the licence would be granted; Councillor Owen made the point that if individual members are not happy with a licensed premises they should make sure that they put in a request for a review; officers advised that at the moment the Statement of Licensing Policy and the legislation presumes the licensee obtains what they ask for unless a relevant authority can give good reasons that it would have an impact or it needs refinement. A CIA provides evidence for an area where there are concerns and identifies the problems that exist in an area, which creates a reversal whereby there is a presumption that there is a problem and it is for the applicant to provide evidence that they would not be adding to these problems, however, it does not stop a new premises from applying for a licence, but it is an extra hurdle to overcome. Sergeant Bax spoke in support of the request for a CIA and informed members that:
there a number of premises interested in applying for alcohol licences and by having a CIA if a new application is submitted it gives the Police the opportunity to challenge the application and for the applicant to show that its application will not impact on the CIA in Cambridge City, a CIA has allowed the Police and local residents to challenge licensing premises that would normally be approved, including Tescos, and the CIA has made applicants approach the Police and the Council informing them of their plans before submission of applications when he was on a shift from 3pm to 12 midnight, all the calls received by the Police were alcohol related in 2011, 46 Direction to Leave were made in the Medworth ward and for 2012 this figure is already at 38 in Cambridge some crimes have decreased due to the CIA, but no crime has increased, and challenge needs to be made to the alcohol-related crime instances in Wisbech. Members asked questions and received responses as follows:
Councillor Miscandlon referred to the Direction of Leave and reference being made to the powers to activate this being changed? Sergeant Bax explained the legislation applicable and that powers are to be amalgamated with DPPO powers so that the Police and PSCO's can inform someone to stop drinking in any area where there is a problem and that person has to leave that area for up to 48 hours; Councillor Booth referred to the increase in alcohol-related violent crime and asked is the national picture the same? Sergeant Bax advised that there is a recognised problem in Wisbech as compared with similar areas it is rated 4th and the Government has identified that there is a problem with alcohol due to the changes it has made in pricing, but there needs to be a challenge to applications that are being submitted. Councillor King spoke in support of Cambridgeshire Constabulary's request for a CIA and informed members that:
he has not spoken to a single person in Wisbech that does not believe that it does not have a problem it is not merely a Police problem, but everyone's problem, and what is being proposed is common sense, with the Police doing their best in the circumstances the problem is the ready availability of alcohol, with the CIA being a small step in the right direction he would be surprised if members supported restricted zones in the Market Place and Norfolk Street as it can lead to displacement outside of these areas, and he thinks it is a choice between the DPPO area or within a 0.3 miles radius of the Town Centre all of his constituents, as both a County and District Councillor, accept there is a problem in Wisbech and there is a responsibility to do what we can about it, with it being wrong to leave the issue just to the Police. Councillor Oliver spoke in support of Cambridgeshire Constabulary's request for a CIA and informed members that:
he is a business man in Wisbech and has been for over twenty-five years, also being a member of the Chamber of Commerce and founder member of Shopwatch in this area when he first started his business there were few off-licences and pubs in Wisbech and there was not a problem with urination and cans outside his premises and down the street, which has increased over the past 4-5 years due to more licensed premises as a business person he does have a problem, due to there being so many in a small area, with his issue being the off-licences as it affects his premises the problem needs to be solved and he feels a CIA is the best way forward as a premises needs to prove that it would not add to the issues. Inspector Sissons added that alcohol does not just affect crime, but also other organisations, such as the NHS and the Council in terms of littering.
Members asked questions and received responses as follows:
Councillor Owen asked Inspector Sissons, in view of the comments of Councillor King, would he find the 0.3 mile zone easier to operate than the other options? Inspector Sissons advised not as there would need to be some mechanism to measure this area, he feels the DPPO would be the most appropriate as it is already proven that there is alcohol and crime related issues in these areas; Councillor Booth expressed the view that the 0.3 mile is an administrative issue of where you apply for a licence as the powers are still there for the DPPO? Inspector Sissons advised that the area would still need to be identified on a map by someone, but it would not have an impact on the DPPO; Councillor Miscandlon asked as there is existing CCTV in the DPPO area, does it make this area easier to police? Inspector Sissons advised that CCTV is a factor in gathering evidence on a badly run premises and CCTV covers large areas of the DPPO in Wisbech, but there is evidence of alcohol-related littering from all over town; officers made the point that a CIA has no impact on the operational day to day work of a Police Officer, the DPPO is different as the Police need to know whether someone is inside or outside this area, with a CIA only being relevant when individual applications are being considered. After an adjournment for lunch, members made comments, asked questions and received responses in consideration of the request for a CIA, as follows:
Councillor Owen expressed the opinion that he feels that it is members view that there should be a CIA and he suggests that it be Option 1, the existing DPPO zone; Councillor Booth agreed that there should be a CIA, but questioned whether it should be within a 0.3 miles radius of the Market Place as he feels this is a better option to capture overspill; Councillor Hatton expressed the view that he feels the CIA should extend to all of the 30mph zone of Wisbech, which could capture another 50 outside the areas being proposed. It was questioned how practical this would be to monitor and police? The point was made that a CIA is purely on the basis of someone making an application and is, therefore, not policed. Officers advised that any policy that is introduced is susceptible to challenge so an evidence base is required that there are areas of concern and it could be understood if members wanted to say the 0.3 miles does not quite cover it and to extend it, but saying the whole of Wisbech without the evidence to support there is a problem is not advisable, which would also have an effect on all licensing including non-standard; Councillor Owen stated that as Wisbech has an DPPO there is already an evidence base for being a problem for alcohol consumption, but the 0.3 miles radius has not been evidenced. Officers advised that the DPPO evidence is in relation to street drinking and controlling people's drinking in the street, not the source of where the alcohol is from, so it is not a direct comparison. There is an evidence base for both options and it could be that there should be a hybrid option of the DPPO plus an extension, which would be reasonable; Councillor Mrs Bucknor expressed the view that the 0.3 miles radius looks preferrable, she has seen the evidence and feels that the more premises that are allowed to operate in this area the worse it would become, believing that a strong argument for preventing a licence outside the immediate town centre could be justified on the evidence that has been put before members and she would support this option; Councillor Booth made the point that it is consultation that is being considered, so could both options not be put forward and see what responses are received? Officers advised that if members are uncertain and do not feel there is a strong justification for one option or the other, or a hybrid of the two, a consultation could be undertaken on a zone of some description, but it would make the consultation more challenging; Councillor Miscandlon asked how all the three areas proposed in the CIA were arrived at? Officers advised that it is based on evidence provided by the Police. The DPPO area information is based on street drinking and seizures not on the premises themselves. Based on the 0.3 miles radius, to leave a street split would make it difficult to manage; Councillor Mrs Bucknor expressed the view that the actual streets covered need to be specified on a map and the boundary needs to be taken to the end of roads; Councillor Miscandlon asked if the zone could be increased to 0.4 or 0.5 miles? Officers advised that consultation could be undertaken on this or a hybrid of some of the 0.3 miles radius and the DPPO area; Councillor Booth requested that the consultation documentation be a concise document that is easy for people to read. Decided that:
consultation be undertaken on a CIA for Wisbech Town Centre based on the 0.3 miles radius of the Market Place, but that is extended to include the full length of any street within it; the consultation be undertaken on the basis of a CIA for all premises, both off-sales and on-sales; the consultation process to commence in September 2012. (Councillor Sutton took no part in the decision on this item)
L3/12
LICENSING OF SPECIAL EVENT VEHICLES INCLUDING STRETCHED LIMOUSINES Further to minute L10/11, members considered the outcome of the consultation exercise undertaken to license special event vehicles, including stretched limousines, and whether to adopt the proposed special event vehicle and stretch limousine policy. Members were informed:
that the consultation took place from 11 April to 4 July 2012, with five consultation responses received of which members received details; that press reports from the Police, VOSA and various licensing authorities have shown from inspections of event vehicles including stretch limousines at local Prom nights and similar events and found problems with defective lights, tyres and steering, with members receiving an article from a publication called Private Hire News which outlines recent enforcement activity for limousines in the UK; that under the provisions of the Local Government (Miscellaneous Provisions) Act 1976, a licensed Private Hire Vehicle (PHV) can only ever be driven by a licensed private hire driver, which means that once a special event vehicle or stretched limousine is licensed as a PHV by the Council, the same standards must be followed for licensing of PHV, Private Hire Drivers and Private Hire Operators; of sample licensing conditions for limousines and special event vehicles, together with the Department of Transport Guidance for Taxi and Private Hire licensing and a proposed list of amendments to the consultation document for Special Event and limousine conditions based on additional elements offered in some vehicles; that the licence fee for these vehicles has yet to be agreed; that the absence of adequate regulation for these vehicles poses significant public safety issues both in terms of the vehicle itself and the fact that the drivers are not currently subject to the CRB checks and driver skill assessment tests, which this policy intends to address; that the proposed policy and condtiions seek to acheive a proper balance between the aims of the regulation and the need to avoid burdensome or inappropriate requirements, which would adversely impact on their commercial viability recognising the specialist nature of the special event and limousine business, and aiming to retain the customers unique experience and enjoyment associated with riding in such a vehicle, with the additional comfort of knowing the vehicle, driver and operator are properly regulated; in relation to the first comment within the consultation, officers circulated a proposed card version of the licence plate that could be placed on the window screen of the vehicle and a proposed example vehicle plate for a vehicle. Members made comments, asked questions and received responses as follows:
Councillor Mrs Bucknor asked how a wedding car and an events vehicle are differentiated? Officers advised that plates need to be displayed on a vehicle for Private Hire use and it is a question of determining the level of use, if a vehicle is only used for weddings and funerals it does not require licensing, but if it used for other purposes it should obtain a Private Hire licence; Councillor Mrs Bucknor asked why there is an age restriction of 7 years? Officers advised that this is the date of registration in this country, not the age of the vehicle, which could be 20 years old. If someone did bring a vehicle to the Council outside this age limit it would be referred to the Licensing Committee to make an objective assessment if it is appropriate for the vehicle to be licensed. Councillor Mrs Bucknor expressed the view that she feels the assumption of some limousine operators is that once a vehicle is 7 years old they have to change it, and it may be appropriate to add an explanatory note to the licence that this is subject to the individual merit of the vehicle; Councillor Booth expressed the opinion that best practice advice states that an age limit may be arbitary and inappropriate, and the Council should be concerned about testing the roadworthiness of a vehicle as there is a need for public safety and maybe after 7 years the vehicles should be road tested more regularly?; Councillor Miscandlon referred to Appendix B, with the list of defects and penalty infringements being extenstive, and he does not think it is beyond the realms for all vehicles to be checked more regularly as badly maintained vehicles are more of a danger to the public and it is imperative that a high standard of testing should be carried out on these vehicles; Councillor Mrs Bucknor questioned the requirement for an entertainment licence? Officers advised that if a vehicle has a DVD player in the back this would be playing to an audience and a PRS licence would be required; Councillor Booth expressed the view that the Council should not be concerned about what adverts are in a vehicle, which he feels is an extra layer of bureaucracy. Officers advised that this is a condition on Private Hire already and officers do vet every single advert inside and outside of a vehicle to avoid issues of inappropriate advertising; Councillor Booth asked if strobe lights in vehicles is something that is wanted in vehicles due to the potential danger? Officers advised that the reason people hire limousines is for the experience it provides and the Council does not want people accessing these vehicles without some form of control, but the operators should also be mindful to inform people of this equipment due to potential issues that could arise; Councillor Miscandlon asked if it could not be conditioned that the strobe lights and lasers are not used in the vehicle when it is moving to avoid the potential to distract other road users and the surroundings? Officers advised that limousines have heavily tinted windows at the rear and these requirements would be dealt within under the traffic regulations rather than by the Council. Councillor Miscandlon asked if a vehicle would be checked to see if the windows are adequately tinted? Officers advised that the conditions do cover this; Councillor Mrs Bucknor referred to the booking fee? Officers advised that the Council does not stipulate any fees, except for the Hackney Carriage tariff, and whatever an operator wants to charge is acceptable; Councillor Mrs Bucknor referred to one of the objections being that the proposed conditions are too restrictive and do not allow for business growth, asking what the issue is? Officers advised that the objector is saying that the Council is there to help businesses, the objector already has a vehicle and business, and now needs to ensure these extra conditions/requirements are met. Councillor Mrs Bucknor made the point it is not about being restrictive, but ensuring public safety; Councillor Booth asked if Peterborough operates an age restriction for its special event vehicles? Officers advised that every vehicle is taken on its individual merit and is referred to Licensing Committee. Councillor Mrs Booth raised concern that members are not qualified to assess vehicles? Officers advised that it would be an aesthetic evaluation of the vehicle to assess whether it fits with the style of an executive vehicle. It was questioned whether Licensing Committee is required to do this or it could be an officer, who would be able to ensure a high level of consistency?; Councillor Booth expressed the view that black on gold for the plates is not very prominent, however, other members disagreed feeling that this colouring looks tasteful. Members also discussed the issue of plates, with a suggestion of one credit card sized plate at front and one at the back of the vehicle being acceptable. Officers advised that the issue is that windows are tinted at the back so the plate would not be seen unless it was outside the vehicle and then it would need to be tamper proof and there are different brackets to allow attachment of a plate to the number plate of different vehicles. Decided that the proposed Special Event Vehicle policy that includes stretched limousines be adopted, including the amendments detailed to members and including further clarification in relation to the vehicle's age. (Councillor Sutton took no part in the decision on this item)