Licensing Committee – 14 January 2011
Chair: Councillor Barkworth
Venue: Function Room 1, Pittwood House, Ashby Road, Scunthorpe
- Declarations of personal or personal and prejudicial interests or significant contact with applicants, objectors or third parties (lobbying) if any.
- To take the minutes of the meeting of this committee held on 16 November 2010, as a correct record and authorise the chair to sign.
- Proposed Licence Permit and Consent Fees and Charges for 2011/2012
- Hackney Carriage Table of Fares – Proposed Increase 2011.
- Appeals submitted to the Magistrates’ Court – oral update by the Service Director Legal and Democratic.
- Any other items which the chair decides are urgent by reason of special circumstances which must be specified.
Note: Reports are by the Service Director Neighbourhood and Environment unless otherwise stated.
PRESENT: Councillor Barkworth in the chair.
Councillors Berry, Carlile, Clark, Collinson, Eckhardt, England, Ellerby, L Foster, Glover, Jawaid MBE, O’Sullivan, K Vickers and P Vickers.
The committee met at Pittwood House, Scunthorpe.
896 DECLARATIONS OF PERSONAL OR PERSONAL AND PREJUDICIAL INTERESTS AND SIGNIFICANT CONTACT WITH APPLICANTS, OBJECTORS OR THIRD PARTIES (LOBBYING) – The following members declared personal interests –
Nature of Interest
|Councillor England||895||Member of CAMRA|
|Councillor Jawaid||895 and 896||Member of family is a Licence holder|
897 MINUTES – Resolved – That the minutes of the proceedings of this committee held on 16 November 2010, having been printed and circulated amongst the members, be taken as read and correctly recorded and signed by the chair.
898 (13) PROPOSED LICENCE, PERMIT AND CONSENT FEES AND CHARGES FOR 2011/2012 – The Service Director Neighbourhood and Environment submitted a report which outlined the proposed fees and charges for Licenses, Consents and Permits for 2011/2012.
The Licensing Division provided a statutory function, licensing, permitting and consenting to a number of activities where businesses were required to hold the same as a legal requirement.
The Licensing Committee had delegated authority to set some of the fees, while others were set by statute.There was a requirement to review the licence, permit and consent fees and charges annually.
In determining the appropriate increase in fees, a balance had to be struck between placing an undue burden on the licensed trade (and their customers) and recovering the fees to cover the council’s cost in delivering the service and enforcement costs.
The Service Director explained that for the year 2011/2012 the proposed fees, which were appended to the report, were based on an average increase offive per cent (additional to last years fees), whilst the fees under the Gambling Act 2005 had been increased from 77.5 per cent of the maximum fee to 85 per cent. Fees for the licensable activities covered by the Licensing Act 2003 had also been included for information, as had other fees set by statute.
Members engaged in discussions about the fees and the Service Director responded to questions asked.
Resolved – (a) That the fees and charges appended to the report be approved; (b) that the fees and charges be advertised in accordance with statutory requirements, and (c) that any objections received be reported back to and considered at the next meeting of the committee.
899 (14) HACKNEY CARRIAGE TABLE OF FARES – PROPOSED INCREASE 2011 – The Service Director Neighbourhood and Environment submitted a report informing the committee that the North Lincolnshire Taxi and Private Hire Association and Scunthorpe and District Taxi Association had requested an increase to the current table of fares for Hackney Carriage Vehicles to cover the cost of the increase in VAT and fuel and insurance. The current and proposed revised table of fares were set out in appendices A and B of the report.
The report explained that Section 65 of the Local Government (Miscellaneous Provisions) Act 1976 stated that the council may set the table of fares for hackney carriages. North Lincolnshire Council had previously determined to set a maximum table of fares which allowed drivers to charge less than the fare on the meter should they wish to. Periodically the council could review its table of fares, or Hackney Carriage Associations may request an increase.
The proposed revised table of fares had been compared with the fares charged in neighbouring council’s areas and was summarised in appendix C.
Resolved – (a) That the proposed table of fares set out in appendix B of the report be approved; (b) that the table of fares be advertised in accordance with statutory requirements, and (c) that any objections be reported back to and considered at the next meeting of the committee.
900 APPEALS SUBMITTED TO THE MAGISTRATES COURT – The Service Director Legal and Democratic reported orally that since the last meeting of the committee an appeal to the magistrate’s court submitted by Mr. C Thompson relating to Mr. R. R. S. Chatha becoming a Designated Premises Supervisor (minute 869 refers) had been withdrawn. However, the council had then been successful in prosecuting Mr Chatha for other offences under the Licensing Act 2003 and consequently a fine and costs had to be paid.
Resolved – (a) That the report be noted, and (b) that relevant officers be congratulated on the successful action taken.