Agenda and minutes

Apologies for absence were received from Councillors I J Bastable and D J Hamilton.

To confirm as a correct record the minutes of the meeting of the Committee held on 12 October 2022.

RESOLVED that the minutes of the meeting of the Licensing and Regulatory Affairs Committee held on 12 October 2022 be confirmed and signed as a correct record.

To confirm as a correct record the minutes of the meeting of the Licensing Panel held on 19 October 2022.

RESOLVED that the minutes of the meeting of the Licensing Panel held on 19 October 2022 be confirmed and signed as a correct record.

To confirm as a correct record the minutes of the meeting of the Licensing Panel held on 13 December 2022.

RESOLVED that the minutes of the meeting of the Licensing Panel held on 13 December 2022 be confirmed and signed as a correct record.

The Chairman made the following announcements:

Local Government Boundary Commission – Proposals for a new pattern of wards in Fareham

The Boundary Commission’s proposals were received on 06 September and a report was considered by this Committee on 11 October before the Council’s final consultation response was submitted on 15 November.  We now await the Commission’s final report which is due to be published on Tuesday 07 February and this will confirm the new warding pattern for the Borough which will come into effect from the local elections in May 2024.  Members will be sent a link to the final report by email for information.

Boundary Commission for England – Parliamentary Constituencies Review

The final consultation on the parliamentary boundary review closed on 05 December and the Commission is due to send its final report to Parliament by 01 July 2023.  The report will be published at the same time and will confirm the constituency boundary pattern throughout the country.  The new constituency pattern will come into effect from the next UK Parliamentary election occurring after 01 July 2023.

Both of these reviews will result in significant administrative changes which will need to be actioned by the Electoral Services team and Members will be updated on the impact of these changes as we move through the deadlines of this project of work.

To receive any declarations of interest from members in accordance with Standing Orders and the Council’s Code of Conduct.

Councillor Mrs P M Bryant declared a pecuniary interest at item 6 on the agenda as she receives a pension from the Hampshire pension fund.

To receive any deputations of which notice has been lodged.

There were no deputations made at this meeting.

To consider a report by the Deputy Chief Executive Officer which outlines proposed arrangements for dealing with Additional Voluntary Contributions in the Local Government Pension Scheme.

Councillor Mrs P M Bryant declared a pecuniary interest in respect of this item as she receives a pension through the Hampshire pension fund. She remained in the room for the duration of the item and took part in the debate.

A revised page 13 of the agenda pack was tabled at the meeting in respect of this item. The revised page clarifies that at recommendation (d) of the report, the new discretion in the Council’s LGPS Discretionary Pension Policy Statement to allow staff to participate in the SCAVC scheme is as set out in paragraph 9 of the report and that at recommendation (d) the contract with AVC Wise to deliver a fully managed service covering SCAVCs is as set out in paragraph 12 of the report.

The Committee considered a report by the Deputy Chief Executive Officer which put forward proposals to implement a salary sacrifice Shared Cost Additional Voluntary Contribution (Shared Cost AVC) pension arrangement for Local Government Pension Scheme (LGPS) members.

Several members of the Committee felt that staff members considering setting up a shared cost AVC should be fully informed about all aspects of the scheme to ensure they understand any possible implications – particularly in respect of reduced national insurance contributions on state pension entitlement. Members were advised that one to one sessions with representatives from  AVC Wise will be available to speak to anyone wishing to join the scheme. Information is also available from the Council’s Finance Manager or representatives from the pensions department at Hampshire County Council.

RESOLVED that the Licensing and Regulatory Affairs Committee approves:

(a)  the implementation of a Shared Cost AVC pension scheme for LGPS members through a salary sacrifice arrangement;

(b)  that earnings related payments, such as overtime, pay increases, contractual allowances, occupational maternity pay, occupational sickness pay and redundancy are calculated on the notional salary before applying any salary sacrifice reduction as detailed in paragraph 8 of the report;

(c)  the inclusion of a new discretion in our LGPS Discretionary Pension Policy Statement to allow staff to participate in the Shared Cost AVC scheme as set out in paragraph 9 of the report; and

(d)  entering into a contract with AVC Wise to deliver a fully managed service covering Shared Cost AVCs as set out in paragraph 12 of the report.

To consider a report by the Deputy Chief Executive Officer which provides details of actual expenditure for 2021/22 in respect of the services for which the Committee is responsible.

The Committee considered a report by the Deputy Chief Executive Officer which set out, for information, details of the actual revenue expenditure for 2021/22 in respect of the services for which the Committee is responsible.

RESOLVED that the Licensing and Regulatory Affairs Committee notes the content of the report.

To consider a report by the Deputy Chief Executive Officer which outlines the Committee’s Spending Plans for 2023/24.

The Committee considered a report by the Deputy Chief Executive Officer which sets out the overall level of revenue spending on the Committee’s services and seeks agreement for the revised revenue budget for 2022/23 and the base budget for 2023/24.

Members enquired what the cost of the Portchester East by-election in October 2022 had been to the Council.  As this information was not to hand, the Finance Manager agreed to circulate the information outside of the meeting.

RESOLVED that the Licensing and Regulatory Affairs Committee:

(a)  agrees the revised revenue budget for 2022/23;

(b)  agrees the base budgets for 2023/24; and

(c)  recommends the budget to Council for approval.

To consider a report by the Deputy Chief Executive Officer which sets out the proposed level of Fees and Charges for 2023/24.

The Committee considered a report by the Deputy Chief Executive Officer which sets out the level of fees and charges for the Committee’s services and seeks agreement for them before being recommended to Council for approval.

At the request of the Head of Environmental Health, the Committee considered and agreed that there should be an amendment to the fee to be charged for carrying out drug testing on new applicants and licensing taxi drivers. The cost of the oral swab to carry out an initial test is £14. If a non-negative result is achieved, the swab is sent to a laboratory where a further test is conducted to identify if any illegal substance is present. This incurs a further cost of £12. The Committee agreed that the fee should be set at £25 so that it covers those tests that need further investigation.

Some concern was raised at the suggested level of increase in fees and charges as there is evidence to suggest that the rate of inflation has now peaked and is starting to fall.  It was noted however that all members have recently been made aware of the need to increase revenue if the Council wishes to continue to deliver the current level of services. It was also noted that a significant proportion of the income generated comes from fees under the Licensing Act which have not increased since the Act was implemented several years ago.

RESOLVED that, subject to an amendment to the fee for a random drug test as outlined above, the Licensing and Regulatory Affairs Committee;

(a)  agrees the fees and charges for 2023/24, as set out at Appendix A to the report; and

(b)  recommends the fees and charges to full Council for approval.

To consider a report by the Head of Environmental Health on the Committee’s Work Programme for 2022/23 and a draft Work Programme for 2023/24.

The Committee considered a report by the Head of Environmental Health which reviews the outcome of the Work Programme for the current municipal year and invites the Committee to consider the draft Work Programme for the 2023/24 municipal year.

The Head of Environmental Health advised the Committee that there is no local Police Licensing Officer in post at the moment and that it is unclear at present whether an appointment will be made going forward.  It was therefore suggested and agreed that the updates on Police Licensing matters be removed from the 2022/23 Work Programme and the 2023/24 Draft Work Programme until further notice.

Members suggested that an item be brought forward on the draft Work Programme for 2023/24 to feed into next year’s proposed fees and charges which looks at ways revenue can be generated by increasing fees in return for enhanced services.

RESOLVED that the Licensing and Regulatory Affairs Committee:

(a)  notes the progress on actions arising from the meeting of the Committee held on 11 October 2022, attached as Appendix A to the report;

(b)  agrees that, until further notice, the update on Local Police Matters be removed from the Work Programme 2022/23 as attached at Appendix B to the report;

(c)  agrees that, until further notice, the update on Local Police Matters be removed from the draft Work Programme for 2023/24 as attached at Appendix C to the report; and

(d)  agrees that an item in respect of increased fees for enhanced services be added to the draft Work Programme for 2023/24 as attached as Appendix C to the report.