Agenda item - Response to the Report of the Overview & Scrutiny Committee Scrutiny Panel on Street Access Issues

Contact Officer: Christina Liassides          Tel: 29-2036

Ward Affected: All

8.1.1       The Committee considered a report of the Director of Environment setting out the response to the report of the Overview and Scrutiny Committee Scrutiny Panel on”Street Access Issues.” The scope of the Panel was also set out.

8.2       The Head of Network Management, Sustainable Transport, Ms Liassides explained that the scrutiny review had been set up following concerns expressed regarding accessibility of the city’s public highways. The Panel  had sought to examine the competing needs of different highway users. The full report was appended and summarised the evidence obtained, findings and recommendations considered by officers with lead roles in highway placements. As not all of the recommendations contained in the report fell within the Committees’ responsibilities Ms Liassides guided the Committee through those recommendations pertinent to them.

8.3       The Chairman of the Scrutiny Panel, Councillor Watkins was invited to address the Committee but stated that he did not wish to add anything to his circulated submission. 

8.4       Councillor Pidgeon referred to the proliferation of A Boards at certain locations across the city and enquired regarding the measures in place and level of enforcement required in order to ensure compliance. Ms Liassides explained that if sufficiently clear and rigorous policies were in place measures to curtail any nuisance could be undertaken by officers from several departments. The majority of businesses complied so officer time was generally spent addressing the worst offenders. Councillor Pidgeon enquired regarding punitive measures taken and regarding the number of licences issues. It was explained that steady progress had been made over recent months  and that 20 new licence applications were currently being processed.

8.5       Councillor West enquired regarding profits to the Council arising from the issuing of licences. It was explained  that the Council received an income from but did not make a profit from these activities, it was permitted to cover its costs. The level of fees charged was reviewed annually to ensure that these were reasonable.

8.6       Councillor Simson sought confirmation that policies were applied on a city wide basis as she was aware that problems  had occurred on estates in more outlying areas of the city. It was explained that certain areas of the city were zoned, therefore specific policies and requirements applied within them. However, that did not prevent nuisances occurring elsewhere in the city from being investigated and appropriate action being taken. Notwithstanding that officers had a large workload and a large area to cover a systematic approach was adopted.

8.7       Councillor Hawkes who had also sat on the Panel stated that the Panel had genuinely sought to take account of the diversity of the city and to encompass the differing views expressed. In regulating and licensing the use of public highways the council sought to strike a balance between the needs of competing interests, although this was based on the premise that there should be free, unfettered access for all public highway users in Brighton and Hove. The Panel had considered that a robust, consistent enforcement regime on street access issues was vital.

8.8       Councillor C Theobald welcomed the practical approach suggested by the review referring to estate agents utility boxes being placed on council owned land at some locations requesting that enforcement action be taken if permissible. Councillor Lepper also welcomed this approach and referring to A Boards in the shopping parades  at Fiveways within her own ward where nuisances sometimes occurred. She suspected that most of these boards were too flimsy to require a licence it would be appreciated if officers could investigate this matter further.

8.9       Councillors Kitcat and West also welcomed the report and commended the in depth work carried out by the Panel expressing their hope that the level of resources  provided would be sufficient to enable effective enforcement to take place.

8.10         A vote was taken and Members voted unanimously to approve the recommendations set out below.

8.11         RESOLVED – (1) That the Licensing Committee notes, the evidence, findings and recommendations of the Overview & Scrutiny Committee and its scrutiny panel  in relation to Street Access Issues;

(2) That the Licensing Committee agrees the actions in the responses to Recommendations 1, 2, 5 and 6 (Appendix 1); and

(3) That the Licensing Committee notes the responses to Recommendations 4 and 13 (Appendix 1). Recommendation 13 is subject to the council’s corporate enforcement policy.