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  • Agenda and draft minutes

    Regulatory Committee - Friday, 5th December, 2025 11.30 am

    • Attendance details
    • Agenda frontsheet PDF 495 KB
    • Agenda reports pack PDF 5 MB
    • Printed draft minutes PDF 171 KB

    Venue: Phoenix Chambers, Phoenix House, Tiverton

    Contact: Angie Howell  Member Services Officer

    Items
    No. Item

    10.

    APOLOGIES AND SUBSTITUTE MEMBERS (00:03:11)

    To receive any apologies for absence and notices of appointment of Substitute Members (if any).

    Minutes:

    Apologies were received from Cllrs D Broom, J Buczkowski, L Cruwys, M Jenkins and S Keable.

     

    The Clerk confirmed that despite the apologies, as six Members of the Committee were present the meeting was quorate.

     

    11.

    PUBLIC QUESTION TIME (00:03:34)

    To receive any questions relating to items on the Agenda from members of the public and replies thereto.

     

    Minutes:

    There were no public questions.

    12.

    DECLARATIONS OF INTEREST UNDER THE CODE OF CONDUCT (00:03:44)

    To record any interests on agenda matters.

    Minutes:

    There were no declarations of interest.

    13.

    MINUTES OF THE PREVIOUS MEETING (00:03:55) pdf icon PDF 160 KB

    To consider whether to approve the minutes as a correct record of the meeting held on 27 June 2025.

    Minutes:

    The minutes of the previous meeting held on the 27 June 2025 were agreed as a true record and SIGNED by the Chair.

     

    14.

    REVIEW OF THE ANIMAL WELFARE LICENSING POLICY (00:04:15) pdf icon PDF 376 KB

    On 1 October 2018 changes to the licensing of animal boarding establishments, dog breeding establishments, pet shops and riding establishments were introduced. The Council also took on the responsibility for the licensing of “keeping animals for exhibition.” Considering these new requirements, the Licensing Authority adopted an Animal Welfare Licensing Policy in 2020.

     

    On 27 June 2025, the Regulatory Committee received a report proposing that a consultation take place on an updated Animal Welfare Licensing Policy which was agreed. This consultation is now complete, and this report sets out the responses received and the proposed final policy for adoption.

     

    Additional documents:

    • Regulatory Committee 051225 Animal Welfare Licensing Policy - Annex A , item 14. pdf icon PDF 928 KB
    • Regulatory Committee 051225 Animal Welfare Licensing EIA - Annex B , item 14. pdf icon PDF 476 KB

    Minutes:

    The Committee had before it a report * from the Lead Officer (Food, Safety and Licensing) for the review of the Animal Welfare Licensing Policy.

     

    The following was highlighted within the report:

     

    ·       The Animal Welfare Act 2006 introduced new power enabling national regulations to be made known as the Animal Welfare (Licensing of Activities involving Animals) (England) Regulations 2018 were published.

    ·       This had had a big impact on the Licensing Team and how the licensing scheme for animal businesses was administered.

    ·       It affected pet shops, dog and cat boarding sites and riding establishments.

    ·       Dangerous Animals and Zoo Licensing had their own distinct pieces of legislation.

    ·       Although it was not a statutory requirement to have an Animal Welfare Licensing Policy, it was felt that it would help to ensure compliance with relevant regulations and would assist stakeholders, officers and Members to have a policy to refer to and ensure consistency.  Mid Devon District Council (MDDC) adopted a policy in 2020.

    ·       A six week consultation had been carried out following approval at the previous meeting held on 27 June 2025.

    ·       The proposed amendments were highlighted within the officer’s report.

    ·       The Licensing Team had consulted with various bodies including licence holders, Environmental Health, Planning, Department of Environment, Food & Rural Affairs (DEFRA), the Royal Society for the Prevention of Cruelty to Animals (RSPCA), Devon and Cornwall Police and Trading Standards.  A Notice had also been displayed on the Council’s website to ensure that members of the public were also aware of the consultation.

    ·       Only one response had been received during the consultation period.

    ·       There were no recommendations to amend the policy that had been initially consulted on.

     

     

    Discussion took place regarding:-

     

    ·       The prevention of animals as prizes on land owned or controlled by MDDC.   It was explained that a previous discussion and agreement had taken place regarding this.

    ·       Licenced applicants with previous convictions and whether there was a process in place to deal with that.  It was explained that a potential option would be for the Licensing Team to refer the decision to a Regulatory Sub-Committee.  Each application would be assessed on its own merits.

    ·       The rules and regulations regarding dog breeding.  It was explained that if breeding was being run as a business, a licence would be necessary regardless of the number of litters.  If it did not run as a business, then a licence would be required for three litters or more in the space of a 12 month period.

    ·       Whether snakes were classed as a dangerous animal.  It was explained that it would depend upon the species of snake and whether or not they were on the statutory list.

     

     

    With reference to the prevention of using animals as prizes on land controlled by MDDC the Committee took a vote as to whether this should be included within the Animal Welfare Licensing Policy and for delegated authority to be given to the Licensing Officer to use the same wording that was approved on Motion 597 that was presented at a previous Council  ...  view the full minutes text for item 14.

    15.

    INTRODUCTION OF A CARAVAN SITE AND MOBILE HOMES LICENSING POLICY (00:30:26) pdf icon PDF 460 KB

    The Council has a responsibility for licencing caravan sites, including holiday sites and those used for permanent residential purposes (relevant protected sites).

     

    Changes to legislation over recent years has introduced wider powers for Local Authorities to ensure that the interest of homeowners, and the wider public, are safeguarded through the licensing regime under the Caravan Sites and Control of Development Act 1960.

     

    Since the implementation of the Mobile Homes Act 2013, the Council has not introduced an overarching Caravan Site and Mobile Homes policy, however following the introduction of Mobile Homes (Requirement for Manager of Site to be Fit and Proper Person) (England) Regulations 2020 (SI 2020/1034) the Mobile Homes Fit and Proper Person Fee policy and Mobile Homes Fit and Proper Person Determination Policy were introduced.

     

    Following review, a new Caravan Site and Mobile Homes policy is proposed that would incorporate the Mobile Homes Fit and Proper person policies into a single policy with an updated fee structure and introduce wider changes to the licensing and oversight of caravan sites within Mid Devon. These changes include the introduction of a range standard conditions for different types of sites and an inspection risk assessment tool as set out in the relevant annexes.

     

    Additional documents:

    • Reg Committee 051225 Annex A Caravan Site and Mobile Home Policy , item 15. pdf icon PDF 629 KB
    • Reg Committee 051225 Annex B Caravan Site and Mobile Homes Fee Policy , item 15. pdf icon PDF 167 KB
    • Reg Committee 051225 Annex C Mobile Homes FPP Determination Policy , item 15. pdf icon PDF 158 KB
    • Reg Committee 051225 Annex D Standard conditons for tent sites , item 15. pdf icon PDF 174 KB
    • Reg Committee 051225 Annex E Standard conditions for relevant protected sites , item 15. pdf icon PDF 151 KB
    • There are a further 3 documents.View the full list of documents for item 15.

    Minutes:

    The Committee had before it a report * from the (Team Leader (Commercial), Public Health) for the introduction of a Caravan Site and Mobile Homes Licensing Policy.

     

    The following was highlighted within the report:

     

     

    ·       A new Caravan Site and Mobile Homes Licensing Policy was being proposed with a three-month public consultation.

    ·       The Council had a responsibility for licensing caravan sites which included holiday sites as well as those that were for permanent residents.

    ·       The legislation defined residential sites as protected sites which meant it could be occupied by individuals as a primary residence for 12 months of the year.

    ·       The legislation was complex, and the Council did not have an overriding policy or framework to follow.

    ·       The new policy would bring existing policies into a single policy with an updated fee structure.  It would introduce wider changes to the licensing and oversight of caravan sites within MDDC to ensure compliance with licensing conditions.

    ·       The changes would also introduce a range of standard conditions for different types of sites and an inspection risk assessment tool which would reduce complaints and reactive work.

    ·       The policy would provide a more comprehensive and coherent approach to fully implementing the relevant powers and formalised the inspection regime for all caravan sites in MDDC.

    ·       It would introduce a broader fee structure to ensure effective cost recovery; the fee would only apply to relevant protected sites.

    ·       The new fee structure and proactive risk-based inspection approach would more accurately encompass the current Licensing Team’s resources, and it would ensure working with other teams across the Authority.

    ·       There was a total of 49 caravan sites across the district that were licenced with 37% of those sites being relevant protected sites.

    ·       A data project was underway with involvement from Licensing, Private Sector Housing and Planning to ensure that the piece of work was fully understood.

    ·       A three-month consultation beginning on 15 December 2025 was proposed to help shape the policy ensuring it would be fit for purpose and appropriate.

    ·       Face-to-face sessions would be held during the three-month consultation period with licence holders to take their direct views. Members of the Regulatory Committee would be welcome to help support the event.

    ·       There would be an introduction of cost recovery should enforcement action be required if a site did not comply with the legislation.

    ·       To ensure compliance site inspections would be carried out by a Licensing officer or an officer of the Commercial Team or Private Sector Housing officer, depending on the nature of the site.  In order to be consistent with assessing sites a risk assessment tool was proposed which would define premises and would be assessed against three criteria which would include:-

    (a)  The number of residential pitches

    (b)  A history of compliance for the site

    (c)   Confidence in management of the site operator.

    ·       The final policy would consolidate the existing policies into one single document which included the Mobile Homes Fit and Proper Person Setting Fee Policy and the Mobile Homes Fit and Property Person Determination Policy.

    ·       At the  ...  view the full minutes text for item 15.

    16.

    LICENSING UPDATE REPORT (00:56:39) pdf icon PDF 381 KB

    To provide the Committee with an overview of the regulatory activity as applicable to the Regulatory Committee undertaken by the Licensing Team during the first half of 2025/26.

     

    Minutes:

    The Committee had before it and NOTED a report * from the Team Leader, (Commercial), Public Health of the Regulatory Update Report.

     

    The following was highlighted within the report:

     

    ·       The report gave an overview of the activity undertaken during the first half of 2025/2026.

    ·       The contextual data contained within the report also included a number of charts as requested at the previous Committee meeting.

    ·       A total of 32 taxi inspections had been carried out in the first half of the year.  This was a significant increase on the year before for the same period due to proactive checks of vehicles following the introduction of the new Hackney Carriage and Private Hire Vehicle Policy and the new requirements.

    ·       A total of 91 drivers attended the Safeguarding and Disability Awareness Training.

    ·       A consultation had taken place to consider whether the taxi trade wished for a review of the Hackney Carriage tariff.  A total of 23 licenced proprietors were consulted with and a total of six responses had been received.  All of which confirmed they would like an increase in the tariff.  Due to the poor response further work would be carried out to establish how to take it forward.

    ·       A tariff increase would be proposed which would be taken to Cabinet and the Regulatory Committee would be informed of any changes at the next meeting.

    ·       There was a total of 52 animal related licences currently active across the District.

    ·       Dog breeding, home boarding and dog day care had showed the largest increase.

    ·       There had been an increase in complaints received relating to animal welfare premises, both licenced and unlicenced.  A total of eight complaints had been received, three of which were related to premises that were licenced.

    ·       The complaints predominately related to the alleged unlicenced breeding and the sale of pets.

    ·       Resources were available to recruit a part time Animal Welfare Officer and a full time Regulatory Officer.

    ·       Currently this work was undertaken by an external contractor as a specific qualification was required under the current legislation to carry out those visits.  Going forward, this work would be carried out in-house as following interviews the role has been offered to someone who had a huge amount of experience and had worked for the RSPCA for many years.

    ·       There had been one Regulatory Sub-Committee which related to a Hackney Carriage Operator.  The outcome of the Hearing was that the Operator would be monitored for a period of three months to ensure they complied with the licensing conditions.

    ·       A budget announcement introduced the 3p per mile or 1.5p per mile charge for electric vehicles and for plug in hybrid vehicles from 2028.  The Licensing Team had received a representation from a licence holder, indicating that they believed that this charge would have an impact on the taxi trade particularly in view of the new Hackney Carriage and Prive Hire Policy which had a commitment to move towards zero emissions by 2030 in line with central Government.

    ·       A piece of work would be undertaken to  ...  view the full minutes text for item 16.