Agenda and minutes

Venue: Worthing Town Hall, Gordon Room

Contact: Katy McMullan
Democratic Services Officer
01903 221006  Email: katy.mcmullan@adur-worthing.gov.uk

Items
No. Item

LCC/13/24-25

Declarations of Interest / Substitute Members

Members and officers must declare any disclosable pecuniary interests in relation to

any business on the agenda. Declarations should also be made at any stage such

an interest becomes apparent during the meeting.

 

If in doubt contact the Legal or Democratic Services representative for this meeting.

Minutes:

Councillor Cathy Glynn-Davies declared that she had family working in the hospitality industry although they were not affected by pavement licensing. Cllr Glynn-Davies confirmed that she was not pre-determined in the matter before the Committee.

 

There were no substitute Members.

LCC/14/24-25

Public Question Time

So as to provide the best opportunity for the Committee to provide the public with the fullest answer, questions from the public should be submitted by midday on Thursday 16 January 2025.

 

Where relevant notice of a question has not been given, the person presiding may either choose to give a response at the meeting or respond by undertaking to provide a written response within three working days.

 

Questions should be submitted to Democratic Services - democratic.services@adur-worthing.gov.uk

 

(Note: Public Question Time will last for a maximum of 30 minutes)

Minutes:

A member of the public asked the following question

 

In your report the feedback sections overwhelmingly show support for 2 year licenses to be an option  ( 65.4% ) just like Chichester, Crawley, Horsham and Arun have in place. Why, after 3 months to prepare this paper since the last meeting, have the officers completely ignored this option?

 

There seems to be a very concerning trend that business consultation is being repeatedly ignored by officers and furthermore do they realise the damage this is doing to any relationship between the council and local business community?

 

Response

 

The Committee are being asked as part of the report to decide upon which scheme to adopt, the appropriate licence fee level and the duration of licences.

Having considered the results of the engagement process the Committee will have the information it needs to be able to set the appropriate fee and the licence duration.

 

A Member of the public asked the following question

 

From the most expensive relicensing options from other local councils this shows that a 2 year Arun license is £350 per year, a 2 year Chichester license is £298 per year, a 2 year Crawley license is £350 per year and a 2 year Horsham license is £350 per year.

 

How have officers come to the conclusion that Worthing struggling businesses must pay £350 per year, double the cost of all the above councils?

 

Again this shows a complete lack of respect to our struggling town centre bars, cafes and restaurants whom us other traders rely on to keep the town centre lively.

I would urge the committee in the strongest possible terms to ask officers to take this paper back for a complete rethink.

 

Response

 

The Committee are being asked as part of the report to decide upon which scheme, the licence fee level and the duration of licences, having considered the results of the engagement process. The Committee has been provided with the information that was requested to allow them to set the fee and the licence duration.

 

A Member of the public asked the following question

 

I would like to ask that the committee postpone the implementation of the licence fees until after the summer season is over.

 

This will at least allow us in the hospitality sector to come to terms with all the other stealth taxes being imposed on us by the government.

 

Response

 

Prior to 2020 the County Council was responsible for administering and issuing tables and chair licences. In response to the pandemic the Government introduced temporary legislation allowing the Borough Council to issue permits for tables and chairs, though the County Council retained the responsibility for enforcement. The Government made allowance for the charging of a fee and capped this at £100, but Worthing Borough Council made the decision to support businesses further by waiving the fee and issued licenses free of charge.

 

The temporary legislation was extended until permanent legislation was introduced in 2024. The 2024 legislation retained the duty to  ...  view the full minutes text for item LCC/14/24-25

LCC/15/24-25

Members Questions

Pre-submitted Members questions are pursuant to rule 12 of the Council & Committee Procedure Rules.

 

Questions should be submitted by midday on Thursday 16 January 2025 to  Democratic Services, democratic.services@adur-worthing.gov.uk

  

(Note: Member Question Time will operate for a maximum of 30 minutes.)

Minutes:

There were no questions from Members.

LCC/16/24-25

Confirmation of Minutes

To approve the minutes of the Licensing Committee meeting held on 25 November 2024 and the Sub Committees meetings held on 30 September and 21 November 2024 which have been emailed to Members.

Minutes:

Resolved: that the minutes of the Licensing Committee meeting held on 25 November 2024 and the Sub Committees meetings held on 30 September and 21 November 2024 be approved as the correct record.

LCC/17/24-25

Items Raised Under Urgency Provisions

To consider any items the Chairman of the meeting considers to be urgent

Minutes:

There were no urgent items raised.

LCC/18/24-25

Approval of Licensing Fees & Charges 2025/26 pdf icon PDF 508 KB

To consider a report by the Director for Sustainability & Resources, attached as item 6.

Minutes:

Before the committee was a report by the Director for Sustainability and Resources,  a copy of which had been circulated to all members, a copy of which is attached to the signed copy of these minutes as item 6.

 

The report before members set out the proposed licence fees and charges for 2025/26 relating to locally and nationally set fees. It includes Street Trading, Sex Establishments and Sex Entertainment Licences, Gambling premises, Taxi Licensing, Street Trading, Animal Activity Licences, and Alcohol/Entertainment Licensing.

 

Members questioned the presenting officer regarding the possibility of Uber operation in Worthing and future review of the Handbook. Officers advised that as they fulfil the criteria any operator may apply for a licence to operate in the area. The handbook was being revised and would be brought forward for consideration by the committee at a future date.

 

Members considered the recommendations and a proposal was put forward that the Officers recommendations be accepted. This was seconded and voted in favour of unanimously.

 

Resolved

 

1.    That fees set out in Appendix 1 of the report to apply from 1st April 2025 have been considered.

 

2.    That the scale of fees proposed within Appendix 1 to apply from 1st April 2025 be approved and referred to Full Council for ratification.

 

3.    That it be noted that should representations be received following the Council placing a notice in a local newspaper setting out the changes to the street trading, vehicle and operator fees and inviting representations on those changes within 28 days then these will be considered by the Public Health and Regulation Manager in consultation with the Chair of the Licensing Committee.

 

LCC/19/24-25

Levelling Up & Regeneration Act 2023 - Schedule 22 Pavement Licensing pdf icon PDF 263 KB

To consider a report by the Director for Sustainability & Resources, attached as item 7

Additional documents:

Minutes:

Before the committee was a report by the Director for Sustainability and Resources,  a copy of which had been circulated to all members, a copy of which is attached to the signed copy of these minutes as item 7.

 

Schedule 22 to the Levelling Up & Regeneration Act 2023 amends the Business & Planning Act 2020 and requires the Licensing Authorities, Adur District Council and Worthing Borough Council set up new licensing regimes to administer & enforce the new legislation allowing hospitality businesses to place tables & chairs adjacent to their premises on the public pavement. The act required that the Licensing Authority sets out its local conditions of licence and licence fees within the constraints imposed by the legislation. Worthing Licensing & Control Committee had considered a Pavement Licence scheme & fees at its meeting on 23 September 2024. However, it deferred its decision, requesting more engagement with local businesses; the matter was being referred back to the Committee to give members the opportunity to consider the representation received during the requested engagement exercise.

 

The Licensing Officer presented the report highlighting the engagement results section. The Officer also drew Members attention to Adur District Council’s decision to no longer allow any pavement heaters. The Licensing Officer confirmed that the Council were required to cover the cost of issuing and enforcing the licenses only, and should not produce extra profit. He stated that the fees would be reviewed after two years to ensure this was the case.

 

Members questioned the presenting officer as summarised below -

 

·         The response to the engagement.

 

The Officer confirmed that there had been 26 responses in total and 20 of these had been from Worthing.

 

·         Whether the licence fee could be paid in instalments in an arrangement similar to that of Council Tax.

 

The Officer explained that this was not possible as it was a licence rather than a tax and legislation demanded that licences be paid in advance.

 

·         How many businesses in Worthing currently had a licence that was due to be renewed on 1st February 2025.

 

The Officer replied that in 2024 There were 71 pavement licences in total across the two authorities but he was unable to definitively split that figure between Worthing Borough and Adur District. However, it could be relied upon that at least two thirds would be in the Worthing Borough area.

 

·         Whether it was essential to have a Pavement Licensing Fee policy.

 

The Officer clarified that although there was no compunction to have a policy in place, members had expressed the preference to have one. The Officer also highlighted that the charging of these licences was mandatory by national legislation and even without a policy the licences were required by law.

 

 

 

·         The form of enforcement that would take place.

 

The Officer replied that Officers would react to intelligence, complaints and applications by inspecting premises.

 

·         What were the reasons behind the proposal to issue a one year licence for the fee instead of a two year licence.

 

The Officer explained that the amount of enforcement  ...  view the full minutes text for item LCC/19/24-25