The Regulatory Committee made two decisions at its meeting. It unanimously adopted the Gambling Act 2005 Statement of Principles for the period of January 2025 to January 2028. It also agreed, by 7 votes in favour with 1 abstention, to approve the Stratford-upon-Avon Public Space Protection Order for a duration of three years.

Stratford-upon-Avon Public Space Protection Order

The meeting discussed a report on the proposed introduction of a Public Space Protection Order covering the area of Stratford-upon-Avon. The PSPO is intended to address concerns that have been raised about alcohol related anti-social behaviour in the town.

The committee heard from the Community Safety Manager about the increasing number of reports from residents about criminal and anti-social behaviour in Stratford-upon-Avon over the last three years. The specific behaviours included:

a) Drinking of alcohol and subsequent rowdy behaviour. b) Group related anti-social behaviour when consuming alcohol causing harassment, alarm and distress to members of the public. c) Impact upon businesses/trade due to potential customers feeling intimidated and put off from attending their establishment. d) Possession of alcohol and anti-social behaviour associated with consuming alcohol.

The committee discussed the results of the public consultation on the PSPO. The consultation was launched on 11 March 2024 and ran until 8 May 2024. 188 people responded to the consultation, and the results showed that 96.3% of the respondents were in favour of the PSPO. A range of other stakeholders were also consulted, including Warwickshire Police, Stratford-upon-Avon Town Council, Warwickshire County Council and the District and County Councillors. All of the stakeholders that were consulted supported the proposal to introduce the PSPO.

The committee heard that the PSPO would only apply to the defined area set out in Appendix 1 to the report, and that it would last for three years.

The committee then discussed the enforcement of the PSPO. The committee heard that Police Officers, Police Community Support Officers (PCSO) and any other person duly authorised by the Council would be authorised to require a person to stop drinking alcohol and surrender any alcohol containers in their possession if they believed that the person was behaving in an anti-social manner. A breach of the PSPO could result in a Fixed Penalty Notice of up to £100, and a person who is guilty of an offence under the PSPO is liable on conviction in the Magistrates’ Court to a fine not exceeding level 2 on the standard scale.

The committee voted to approve the proposed Stratford-upon-Avon PSPO for a duration of three years.

Gambling Act 2005 Statement of Principles for the period of January 2025 to January 2028

The meeting considered a report on a proposed new Gambling Act 2005 Statement of Principles, which is also known as the Stratford-on-Avon District Council Gambling Policy. The council has a legal duty under the Act to publish a Gambling Policy that sets out how it will approach its licensing responsibilities in relation to Gambling. The policy must be reviewed every three years.

The meeting heard from the Environmental Health and Licensing Manager about the results of a consultation on the policy, which was undertaken between 30 July to 20 September 2024. The respondents to the consultation included members of the trade, responsible authorities, gambling charities, the Gambling Commission, Gamcare and Gambleaware, as well as members and parish councils. The consultation was also made available to the public on the council website.

The committee heard that one response had been received from Gosschalks Solicitors on behalf of the Betting and Gaming Council (BGC). The BGC raised concerns about the use of the phrase promote this licensing objective in paragraphs 5.4 and 7.4 of the draft policy. The BGC argued that the phrase promote this licensing objective should be redrafted to avoid confusion with Licensing Act 2003 applications. The BGC said that whilst promoting the licensing objectives is a requirement under the Licensing Act 2003, this is not the case with applications under Gambling Act 2005. The committee heard that legal advice had been sought on the BGC's comments, and that it had been recommended that the wording be amended from promote to consistent.

The committee voted unanimously to adopt the Gambling Act 2005 Statement of Principles for the period of January 2025 to January 2028.

Environmental Health and Licensing Update

The committee received a report summarising the work that has recently been carried out by the Environmental Health and Licensing team.

Food Safety

The committee heard that the food safety team had carried out 268 food hygiene inspections between March and September 2024. The committee also heard that 48 inspections were overdue at the time of the meeting, and that this was due to an increase in reactive work, such as responding to Animal Health and illegal meat investigations, health and safety accidents, Event Safety, increased service requests, and infectious disease.

The committee heard about a number of specific examples of food hygiene enforcement that had recently taken place. These included a voluntary closure of a Chinese restaurant in October after officers discovered gas and electrical safety issues; the service of a food hygiene improvement notice to a takeaway in September after officers discovered a leak coming from the ceiling and dripping dirty water near one of the food preparation surfaces; and a voluntary closure of a local bar/restaurant in October after officers discovered that the electrics in their kitchen were not operating and the boiler was not working.

Health and Safety

The committee heard about the work the health and safety team had been doing to support event safety at events in Stratford-upon-Avon. The committee heard that Safety Advisory Group (SAG) meetings had taken place with the organisers of the Christmas light switch-on and the Christmas Market, and that event safety advice had been issued by different partner agencies in the group. The committee heard that the Environmental Health and Licensing Manager, in their capacity as chair of the SAG, had been reviewing the terms of reference and the SAG process in advance of a busy year of events in 2025, to ensure that event organisers receive consistent advice, and that members of the public are kept safe at events.

The committee heard that an Environmental Health Officer had recently completed a detailed and thorough investigation into an accident that took place at a Country Show in May 2024. The accident involved a two-year-old child who was airlifted to Birmingham hospital with head injuries after being hit by a 12-year-old child who was riding a vintage motorbike. The committee heard that the investigation concluded that formal action was not an option as the event was organised by volunteers. The committee was told that the incident highlighted the importance of equipping officers with adequate resources, and of taking health and safety seriously at all stages of events.

Environmental Noise

The committee heard that the Environmental Health Team had served a Section 80 Environmental Protection Act 1990 abatement notice on a property for loud amplified music. They also heard that a prosecution case against an industrial premises for ongoing noise was due to be heard in Magistrates Court on 28 November 2024.

HS2

The committee heard about the work the Environmental Health team has been doing to monitor the construction of the HS2 high-speed railway line. The committee heard that work on the Long Itchington Wood Tunnel was nearly completed, and that the main contractor was aiming for handover in February. The committee also heard that the team had reviewed a further Section 61 Control of Pollution Act 1974 application for the southern contractor, and had received a number of dispensation applications to allow out of hours working.

Private Water Supplies

The committee heard that the Environmental Health team had served a Regulation 18 notice on a private water supply that was contaminated with low levels of arsenic. The notice, which is served when there is a potential danger to human health, requires the owner of the supply to submit a plan of action. The owner of the private water supply had submitted their plan of action, and was in the process of installing treatment to bring arsenic levels within acceptable limits.

Dogs

The committee heard that Stratford-on-Avon District Council had been receiving an above-average number of stray dogs.

Taxis

The committee heard that the licensing team had recently sent out four warning letters to taxi drivers. Three of the warnings were for late submission of the required six monthly taxi test and one of the warnings was for the upkeep of a vehicle following receipt of an MOT failure for tyres.

The committee heard about the work the licensing team had been doing to improve the auditing and chasing of the six monthly taxi tests. With the help of the council’s IT department, the licensing team was now able to see when taxi tests were due, and who hadn’t taken them, so that drivers can be chased and warnings can be issued if required.

The committee heard that following investigations by licensing officers two taxi drivers had been reported to the Licensing Panel for offences. One driver had received a 28-day suspension and one driver had had their licence revoked. Both drivers handed in their licences and chose not to appeal the decisions.

Pavement Licensing

The committee heard about the work the licensing team had been doing to ensure that businesses in Stratford-upon-Avon that have tables and chairs on the pavement have the required licence. The Licensing team had been visiting businesses to establish which ones need to apply for a licence, and the committee heard that six applications were currently going through the consultation process. The meeting also heard that 14 pavement licences had already been issued by the council.

Public Safety

The committee heard that the licensing team was working with the community safety team to provide venues in the night time economy with anti-drink spiking materials in advance of the Christmas and New Year periods. The team had also provided communications about the safe use of taxis, which were due to be published via social media in the run up to the festive period.