Update from the Chairman
Minutes:
The Chairman reported that on 2nd June 2016, the Licensing Regulatory Committee had resolved:
“That the site licence conditions be varied to enable enforcement action to be taken, as follows:
(1) To carry out a detailed survey to the reasonable satisfaction of the Licensing Authority of the site’s drainage system to assess its adequacy, suitability, effectiveness and weaknesses, and to make recommendations for permanent resolution of the blockage and surface flooding problems. All survey and drainage works must be carried out by professionally qualified contractors.
(2) To have and maintain in good working order a suitable and sufficient surface and foul water drainage system, which is capable of servicing all the caravans/mobile homes on site, and that the operator be required to provide a spare pump in the pump-house.
(3) The surface and foul water drainage system must have adequate provision to protect against flooding and the loss of facilities that may reasonably be caused by flooding.
(4) To have sufficient procedures and systems in place to ensure that any backed-up drainage effluent is removed immediately and in any event within 24 hours of notification of blockage.
(5) To provide all residents with emergency contact details for the site manager and to ensure that the residents’ emergency contact details are kept up-to-date.
(6) To display on a public noticeboard on or near the site reception area the emergency contact details for the site manager.
(7) To have a suitable and sufficient emergency response system in place, which ensures that residents’ concerns are logged and responded to accordingly.
The Chairman advised Members that he would ask Health and Housing Services to report back to the Committee on 1st September 2016.”
The Chairman reported that, on 9th August 2016, he had been contacted by the Public Health Team Leader from Health and Housing Services, who had told him that the revised licence had been sent to the Broadfields Caravan Park owners, Britanniacrest. At the end of the 28-day appeal period, Britanniacrest had informed the Council that they had appealed. This had the effect of putting the new conditions on hold. The Council had subsequently received a formal appeal notification from the Tribunal.
From a conversation with the Public Health Team Leader, the Chairman had learnt that:
· The appellant (site owner) had said that they would be unavailable to attend a Tribunal until mid-September.
· A decision on the date of the hearing would be decided by the Tribunal Service (not Council officers). Officer experience was that the delay being requested was not unusual and was likely to be accepted by the Tribunal Service.
· Depending on the date of the hearing, it may not be possible to provide any more information for the date of the next Licensing Regulatory Committee meeting on 13th October 2016 and that it was likely to be reported to a subsequent meeting.
· Health and Housing Services had contacted Mr. Bamborough (the residents’ representative who had spoken at the Committee meeting in June). He had been informed of the appeal and subsequent delay.
· Health and Housing Services had undertaken to keep the Chairman informed and to supply a report to the Committee at the earliest opportunity.
The Chairman reported that on Tuesday, 30th August 2016, he had received a further update, containing the Tribunal’s directions to the appellant, issued by Judge Holbrook on 22nd August 2016. Taking these into account, the Chairman calculated that the process of complying with directions may not be completed until two months had elapsed. The Tribunal had not yet set a date for the hearing.
In light of the above, the Chairman had agreed that a formal report for the meeting of the Licensing Regulatory Committee on 1st September 2016 could be deferred.
Resolved:
That the oral report be noted.