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Licensing, General Purposes and Health & Safety Committee 23/5/2012

The Chair started by thanking the last committee, who had a meeting not finish until 10.45pm one night. He asked councillors to identify themselves and pointed out that Cllr George Davies was a deputy. No interests were declared and the minutes of the meeting on the 19th March 2012 were agreed. Cllr Steve Niblock was … Continue reading “Licensing, General Purposes and Health & Safety Committee 23/5/2012”

No interests were declared and the minutes of the meeting on the 19th March 2012 were agreed.

Cllr Steve Niblock was proposed as Vice-Chair. This was the only nomination and agreed.

Ken Abraham introduced the report and said that the monthly licensing panel dealt mainly with hackney taxi licences involving conduct, criminal records and that this year the ratio would be 4:2:1.

The Chair pointed out that it was important to realise it was a day meeting, therefore unsuitable for those with a full-time job or family commitments. He asked people to submit their names to the committee clerk before the end of the week. He asked about training for the panel?

Margaret said she had some booklets.

Cllr George Davies asked if they were still going to Tranmere Rovers to check on safety? He said the reason he raised it was because of last year’s disruption involving the roof. However there had been no visit for the last three years.

Ken Abraham said that in the past a decision had been reached that technical services would attend and the report went to a virtual committee, but he didn’t think this had happened for a number of years.

Cllr George Davies pointed out that in Liverpool, their committee made visits to their football grounds. Ken Abraham said he would speak to Paul Grey.

Cllr Davies said that when [Tranmere Rovers] was built the capacity was 16,000, but now it was restricted it can’t be more than 10,000 as people can’t go in the main stand. He asked if there was a disaster where do they stand?

Cllr Fraser asked what would happen after an inspection?

Ken Abraham said checks were made by the fire service, police, building control and others.

The Chair requested a report for the next meeting, but that they report back before the football season starts. He suggested a special meeting and visit and said he wanted a briefing.

Margaret said her expertise was limited to licensing training, however the remit of the committee was much wider.

Cllr George Davies asked for an annual report [on Tranmere Rovers].

The Chair said if there was an urgent issue they could arrange a special meeting, but if they needed training they could use Jo March.

Margaret O’Donnell introduced the next report on taxi driver training and its appendix.

Cllr Fraser asked if the required qualifications were a legal requirement or just Wirral policy?

Margaret O’Donnell answered yes after the decision in March, all drivers had obtained the qualifications apart from two, who were not driving. However there were issues about funding of courses.

Cllr Fraser asked how much the courses were and whether those on them had to pay.

The answer given was between £1000 and £1800, the driver was asked to contribute £150, however some categories such as the unemployed were guaranteed funding.

Cllr Fraser asked how taxi drivers were consulted? The Chair said that the union reps usually turned up to meetings, but information was sent to all taxi drivers.

Margaret O’Donnell said that as it was a national consultation, they had emailed a link to the consultation website.

The Chair said they had wanted to outlaw bogus drivers and that the trade had realised there were too many drivers and not enough work. The Vice-Chair said there had been a conscious decision to ensure public safety and that thanks to officers they had come a long way.

The Chair asked for deputies to take part in training too and that the panel would meet the second Friday of every month.

Licensing Act 2003 Committee (Wirral Council) 23/5/2012 Part 2

This continues from Part 1.

Cllr George Davies mentioned that at a community safety meeting, the Area Commander had pointed out that with the football and Olympics over the Summer that alcohol would be more of an issue this year. The councillor said that he’d said that if a minimum tariff of 40p/unit was brought in that this would help.

Margaret said this had already been through the Committee, but the government were likely to announce a change on minimum pricing.

Cllr Mitchell asked that if the legislation changed, were they trapped? Could they continue with the existing policy even if the law had changed?

Margaret O’Donnell said that some parts might need amendments, but the guidance was quite general, so any changes would be brought forward as part of the review. She also pointed out that they had to consult for three months before any amendments were made.

Cllr Hodson asked about no drinking zones. Margaret O’Donnell said that they were looking at enforcement over the Jubilee double bank holiday, which meant existing licences to 11pm were extended to 1am with the same for entertainment on the Friday and Saturday.

Margaret O’Donnell continued with her presentation, detailing who the new responsible authorities would be. In future this would cover the licensing authority, PCT (or local health board), fire service, planning and the existing responsible authorities.

The interested parties test would also be changed from having to live near to the licensed premises to living or being involved with a business in the licensing authority area. She said it was a significant change to the relevant representations, but a licensing officers would look at representations to decide whether they were relevant or vexatious and frivolous. She referred to a case involving Thwaites, where the decision of the licensing subcommittee had been overturned by the Magistrates Court but upheld by the High Court.

The Chair pointed out that licensing meetings were generally held on Wednesdays, Thursdays and Fridays. They did have the staff to do Monday to Friday if they needed the flexibility.

Margaret O’Donnell pointed that it was essential that the reasons for their decisions were recorded as they could be legally challenged. They couldn’t just refuse a licence without reasons. There was also reform to the amount of notice required for temporary event notices.

There was also changes to the penalty for persistently selling alcohol to children (which was defined as two within three months) from £10000 to £20000, voluntary closure had been extended from two days to two weeks and licences would be suspended for late payments.

She continued by pointing out at the discretion of the licensing authority they could levy a late night levy to cover the additional cost beyond midnight of crime and disorder. If introduced it would apply to every premise in the Borough with 70% of the revenue going to the police.

Alcohol Disorder Zones were being repealed. The Chair asked about music. The answer given was that there were no changes, but later this year legislation would allow live music without a licence. Cllr Hornby recommended training courses to new councillors.

Cllr McCubbin asked if changes to the cumulative impact policy were likely?

Margaret O’Donnell answered his question and councillors were invited to put their names forward for the next panel.

Following the Court Order of 18th April 2012 and a Lib Dem smear: My response

Following the Birkenhead County Court order of 18th April 2012 naming Cllr Alan Brighouse on behalf of the Birkenhead Liberal Democrats granted by Deputy District Judge Ireland following the court hearing of the 4th April 2012, the Lib Dems have finally coughed up the original complaint (not shared with me until now 12 months later, despite their constitution stating 10 weeks) made about me by Simon Holbrook in May 2011 (after he lost his seat). I’ve sought advice and am making parts of it public (as there’s a public interest to at least parts of it being made public), along with my version of events (which seems far closer to reality than his complaint, my comments are in italics). Here’s section 1:-

“1. Smearing of Sitting Councillors

In an email to Cllr Gilchrist dated 19 May 2011 at 09:59, John Brace did link the Standards investigation into Cllr Williams’ and Cllr Bridson’s part in the “special charging policy” with that of the recent investigation into the way in which Martin Morton was treated, despite the fact these are two separate matters.

Cllr Williams and Cllr Bridson are not and were not under investigation into the alleged bullying of Martin Morton. This investigation, which was instigated by former Cllr Holbrook has now concluded and reported. It never was and never had been a matter for the Standards Board for England.”

As is detailed here it was considered twice by the Standards Board for England, as initially the complaint about Cllr Bridson hadn’t been sent to them. The complaint (or complaints as a second was submitted) were made by Martin Morton and had already been reported in the Wirral Globe under the headline Town hall blunder: Wrong paperwork sent to local government watchdog inquiry prior to Simon’s complaint about me.

One of these two councillors had been on the charging policy working group in 2005 that led to the overcharging policy, the other had been Cabinet Member for Social Care and Inclusion (which covers Social Services) during part of the period that the overcharging occurred.

The report referred to, the Martin Smith report, was reported to Cabinet on 14th April 2011, however it was not made public until the following year due to the Labour administration’s attempts to delay both its publication and the AKA report.

The relevant section of my email of 19th May to Cllr Gilchrist (and Cllrs Williams, Brighouse, Kelly, Bridson, Harney, Gilchrist, Mitchell and two other party members), is quoted below.

“Morale in the party is extremely low, the Chair and the Vice-Chair of the local party are currently (according to the Wirral Globe) under investigation on standards grounds following a decision by Wirral Council’s Independent Assessment Panel to refer the matter to Standards for England regarding their roles in the Social Services “special charging policy” and how Martin Morton was treated. This independent report (by now read by councillors but currently exempt) will be published within 2-5 months and will lead to a public discussion of their roles in this saga. Both are likely to be candidates in 2012 and the full reasons how and why they did things will have to be made clear to the public and party in the spirit of openness and accountability if we are to move on.”

Lastly Simon Holbrook refers to himself in the third person, which generally wouldn’t be the case if as claimed he was the author of the complaint. However it’s clear by the way it was written that somebody wanted me to stop asking questions by the way flat out denials were made regarding the standards complaints.

The decision notice of Standards Board for England with regards to Cllr Williams and Cllr Bridson back me up as to what the complaint was about. As it was re referred back to Standards for England following the paperwork mixup, there are earlier decision notices regarding Cllr Williams, Roberts and McLaughlin too.

Licensing Act 2003 Committee (Wirral Council) 23/5/2012 Part 1

The agenda and reports for this meeting can be found by following the link.

Present
Cllr Harry Smith
Cllr Don McCubbin
Cllr Denise Roberts
Cllr Bill Davies (Chair)
Cllr Steve Niblock
Cllr Andrew Hodson
Cllr George Davies
Cllr Pat Williams
Other councillors

The Chair, Cllr Bill Davies asked councillors present to introduce themselves. The following councillors did, Cllr Andrew Hodson, Cllr Don McCubbin, Cllr Mike Hornby, Cllr Harry Smith, Cllr Robert Gregson, Cllr ??? (Labour), Cllr Steve Niblock, Cllr Dave Mitchell, Cllr George Davies and Cllr Pat Williams.

The officers introduced themselves as Ken Abraham, Anne Beauchamp and Margaret O’Donnell.

The Chair asked for declarations of interest. No declarations of interest were made.

The minutes of the meeting held on the 25th May 2011 were agreed.

Cllr Denise Roberts proposed, seconded by another Labour councillor that Cllr Steve Niblock be Vice-Chair. There were no other nominations so Cllr Niblock became Vice-Chair.

Apologies were given for Cllr John Salter who couldn’t make it due to a prior engagement.

The Chair asked if a half hour presentation was ok? He thanked people for the hard work at last year’s hearings, some of which had lasted over three hours. He said he was keen that the two new members of the committee take part in training, which he hoped all the committee would take part because of changes to the legislation.

Margaret O’Donnell had a Powerpoint presentation to show the Committee. She didn’t know how to start a slide show in Powerpoint, received some prompting from the Vice-Chair and somebody else assisted her and was then able to progress to the next slide. Cllr Harry Smith said that the Vice-Chair was showing off.

She went into detail about representations, changes happening as a result of the Police Reform and Social Responsibility Act 2011 and how representations by ward councillors had changed. She detailed what the four licensing objectives are and how representations had to be linked to one or more of these. Margaret O’Donnell also referred to the statutory guidance and Wirral Council’s licensing policy.

The Chair asked if they all had a copy? Margaret offered to put one in their pigeon holes. Cllr Williams asked if it had changed. Margaret O’Donnell answered yes. She said previously they had to review the Council’s policy every three years, now it was five, she would review it and bring a draft to the committee for consultation. Once it had been consulted on, it required the approval of the full Council, so she would start reviewing and redrafting it.

A councillor asked when? She said she was not certain as they did not meet until November and there were further legislative changes in October, plus things could change before then.

Council Annual Meeting Part 2 21/5/12 Senior Management Changes

Also agreed on Monday were the following changes because Jim Wilkie (Chief Executive) is still ill and absent from work.

Ian Coleman is Deputy Chief Executive/Acting Chief Executive in Jim’s absence/Director of Finance.
David Taylor-Smith is Acting Chief Finance Officer while Ian Coleman is Acting Chief Executive.
Tom Sault is Acting Deputy Chief Finance Officer while Ian Coleman is Acting Chief Executive.

The committee places and outside body places have been carved up between the three parties in the proportion of seats they hold. The representation on many outside bodies, which mean councillors from Wirral Council receive greater allowances (Merseytravel, Merseyside Fire and Rescue Authority and Merseyside Waste Disposal Authority) now are just made up of Labour and Conservative councillors.

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