Agenda item

(a)      To recommend to Council that all applications made with respect to the Mobile Homes (Wales) Act 2013 will be determined by Licensing Committee

(b)      For Members to support a consultation period of 21 days for Ward Members and the residents of those sites that are subject to the licencing decisions.

(c)     To note that Residential Mobile Home training will be available for all Members to access.

The Community and Business Protection Manager presented the report which followed the Notice of Motion passed at Full Council on the 20 June 2023 in relation to residential mobile home licensing, with the resolutions highlighted in point 1.01 of the report.   An overview of the purpose and scrutiny of licensing applications was given which allowed residents on the sites to make representations.  Currently delegation sat with the licensing committee but in practice these had been delegated to officers.  This was discussed at the last meeting of the Licensing Committee on the 4^th October and it was decided that any decisions with regard to future applications should be made by the full licensing committee.  This was a recommendation that the Licensing Committee wished to make rather that it be delegated to a sub-committee or officer delegation and it was agreed that all applications be considered under this process.  As this was a significant change a specialist mandatory training had been arranged for Licensing Committee Members which had now been opened up to all Members should they wish to attend and this provided the Licensing Committee with substitutions if they were required. 

The Community and Business Protection Manager then explained that a Policy on minimum standards of consultation would need to be prepared for ward members and residents and would require the approval of Full Council in due course.  Information was provided on the key decisions for applications which included the nature of determination and proposed 21-day consultation period given to residents on the sites and ward members.   The period of consultation was not referenced in the 2013 legislation but what was referenced was the period of determination which the authority was required to make a determination unless both parties agreed within a two-month timescale.  By putting forward the 21-day period of consultation it was felt that this was an achievable timeframe which would enable the necessary reports and supporting documentation to assist members to be prepared.  To conclude the Community and Business Protection Manager welcomed the Committee’s steer on this and encouraged any members who would like to attend the training to do so.  

Councillors Antony Wren, Ted Palmer and Ian Hodge confirmed that they would be interested in attending the training. 

            The Community and Business Protection Manager confirmed that the training was online on the morning of the 4December 2023.

 Councillor Alasdair Ibbotson reported that he was the seconder of the original Notice of Motion and he wished to move recommendations 1 and 3 within the report. He then wished to make a slight amendment to recommendation 2. 

“For Members to support a consultation period of 21 days for Ward Members and the residents of these sites and all that notifications would be sent by letter to all properties listed for Council Tax on the sites and that these were subject to the licencing decisions”.

Councillor Ibbotson explained that a disproportion of residents on these sites were digitally excluded compared with other residents in the county. Alternative methods were used in planning applications such as the posting of bills etc but these may not be appropriate in this instance.  He referred to the Licensing Conditions which were required to be displayed and felt that rather than relying on site owners that it would be better to post these to all residents. 

Responding to questions on the resource implications and appointment of Counsel from Councillor Alasdair Ibbotson,  the Community and Business Protection Manager referred to the second recommendation proposal saying that this had already been considered. With regard to the legal advice point she confirmed there was a lot of legal experience at the Council but that there would be a greater burden on legal services to attend alongside an officer which was custom and practice. This would be the same arrangement with Licensing Committee making that determination with a legal advisor present but with the number of Committee meetings increasing and requiring that legal support. When more complex cases were heard it had been advised that the Council should obtain external legal advice but this would not be required for all applications. Councillor Ibbotson referred to Specialist Counsel and asked if this was already commissioned. It was confirmed that this was the case for current applications, however future legal support arrangements had not been confirmed yet. Councillor Ibbotson then sought clarity that this was not a new resource implication.

The Chief Officer explained that the time currently sitting in Committee placed that extra demand on Legal Services and following conversations with the Legal Services Manager he felt that they did not have the capacity to support this at present.

The recommendations, as amended, were proposed by Councillor Alasdair Ibbotson and seconded by Councillor Andrew Parkhurst

RESOLVED:

(a)      To recommend to Council that all applications made with respect to the Mobile Homes (Wales) Act 2013 will be determined by Licensing Committee

(b)      For Members to support a consultation period of 21 days for Ward Members and the residents of those sites that are subject to the licencing decisions.

(c)     To note that Residential Mobile Home training will be available for all Members to access.