Agenda item

To approve the revised Mobile Homes and Caravan Sites Licensing Policy 2021-24. 

13.1          Attention was drawn to the report of the Interim Environmental Health Manager, circulated at Pages No. 4-46, which attached the revised Mobile Homes and Caravan Sites Licensing Policy 2021-24.  Members were asked to approve the policy.

13.2          The Interim Environmental Health Manager explained that legislative changes to the regulations required mobile home and caravan site owners or managers to be assessed as fit and proper persons and the Council’s Mobile Homes and Caravan Sites Licensing Policy had been updated to reflect that.  The draft revised policy had been considered by the Licensing Committee at its meeting on 18 February 2021 where it had been approved for public consultation.  The consultation had ended on 13 October 2021 and no responses had been received.  Members were now asked to approve the policy as set out at Appendix 1 to the report.

13.3          A Member sought clarification of the definition of a fit and proper person in this context and was advised that applicants would be assessed in the same way as taxi and private hire drivers.  A Disclosure and Barring Service (DBS) check would be required to ensure the applicant had no relevant convictions or claims against them and Officers would check the records held by the Council to see if any issues had been raised in relation to the applicant at any sites.  A Member noted that the Council was required to set up and maintain a register of fit and proper persons to manage sites within its area and he questioned whether that was publicly available.  He also drew attention to Page No. 13, Paragraph 32 of the policy, which stated that enforcement charges would be based on an hourly rate reflecting the costs of enforcement, plus any additional costs incurred, and he asked whether there was an established national hourly rate. In response, the Interim Environmental Health Manager clarified that licensing fees were always based on Officer time.  Whilst the register had not yet been published, it was in the process of being set-up and would be available online. 

13.4          A Member drew attention to Page No. 11, Paragraph 16 of the policy, which stated that a site could not be licensed unless planning permission had been granted.  He indicated that he was aware of a site within his Ward, which was partially in Tewkesbury Borough and partially in Gloucester City, where parcels of land with caravans and mobile homes located on them were being sold off and he asked how the policy would come into play in that situation.  The Interim Environmental Health Manager explained that it was a pre-requisite for a caravan site like that to have planning permission; however, Officers were aware of a number of sites which did not have planning permission or did not have a site licence.  Once the policy had been approved, it was intended to put in place a programme to deal with those sites, as soon as resources allowed.  With regard to Page No. 12, Paragraph 22 of the policy, the Member noted that all sites would be risk rated as high, medium or low risk and he queried whether high risk would apply to sites within the flood plain or whether the risk rating applied only to the management of the site.  In response, the Interim Environmental Health Manager advised there were a number of aspects to the risk rating such as health and safety, fire risk etc.; flood plain was not something which was specifically considered in terms of this policy.  The Member indicated that he was happy to support the policy but felt that it was dangerous for caravan sites to be located within Flood Zone 3 and he was aware of a site in Walham which was within that zone so he asked that consideration be given to that with the policy potentially being brought back for amendment on that basis.

13.5          A Member noted that Page No. 30, Paragraph 57 of the policy, required a “suitably qualified person for the purpose of carrying out work on electrical installations and appliances, including maintenance and inspections, includes a professionally qualified electrical engineer, a member of the Electrical Contractors Association, a contractor approved by the National Inspection Council for Electrical Installations Contracting, or a qualified person acting on behalf of the above”.  He raised concern that the wrong terminology had been used in terms of the “qualified electrical engineer” and felt it should instead say “qualified electrical technician”.  In response, the Interim Environmental Health Manager explained that this had been drafted based on standard requirements under the Electrical Installation Certificate (EIC) regulations; however, she would be happy to check that the wording was appropriate and make any changes as necessary.

13.6          It was subsequently

RESOLVED          1. That the revised Mobile Homes and Caravan Sites Licensing Policy 2021-24 be APPROVED subject to an amendment to Page No. 30, Paragraph 57 to change “qualified electrical engineer” to “qualified electrical technician” if that was found to be the appropriate wording.

2. That consideration be given to taking flood risk into account when assessing the risk rating of caravan and mobile home sites and that the policy be brought back to the Committee for further amendment on that basis if necessary.