Licensing Committee – 15 July 2010
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 9 March 2010, as a correct record and authorise the Chair to sign
- Sub-Committee Proceedings – To receive and where necessary confirm the minutes of the meeting of the Licensing (Miscellaneous) Sub-Committee held on the 25 March 2010
- Sub-Committee Proceedings – To receive and where necessary confirm the minutes of the meetings of the Licensing (Activities) Sub-Committee held on 15 March and 24 March 2010, Closure Notices, Section 19 of the Criminal Justice and Police Act 2001
- Hackney Carriage Table of Fares Proposed Increase 2010/2011
- 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 Swift (vice-chair), Armitage, Barker, Berry, Clark, Davison, Eckhardt, Ellerby, L Foster, Glover, Jawaid MBE, K Vickers, P Vickers and Wells
The committee met at Pittwood House, Scunthorpe.
860 DECLARATIONS OF PERSONAL OR PERSONAL AND PREJUDICIAL INTERESTS AND SIGNIFICANT CONTACT WITH APPLICANTS, OBJECTORS OR THIRD PARTIES (LOBBYING) – The following members declared personal interests –
|Member||Minute Number||Nature of Interest|
|Acting Licence Holder
Family Member is a Licence Holder
Family Member is a Licence Holder
861 MINUTES – Resolved – That the minutes of the proceedings of this committee held on 9 March 2010, having been printed and circulated amongst the members, be taken as read and correctly recorded and signed by the chair
862 SUB-COMMITTEE PROCEEDINGS – Resolved – That the minutes of the meeting of the Licensing (Miscellaneous) Sub-Committee held on 25 March 2010 be received.
863 SUB-COMMITTEE PROCEEDINGS – Resolved – That the minutes of the meetings of the Licensing (Activities) Sub-Committee held on 15 and 24 March 2010 be received.
864 (1) CLOSURE NOTICES – SECTION 19 OF THE CRIMINAL JUSTICE AND POLICE ACT 2001 – The Service Director Neighbourhood and Environment submitted a report seeking authorisation for officers of the Licensing Division to issue notices to licensed premises in accordance with Section 19 of the Criminal Justice and Police Act 2001.
The report explained that Section 19(2) of the Criminal Justice and Police Act 2001 allowed a local licensing authority to issue a notice to premises that had been used for the unauthorised sale of alcohol for consumption on or in the vicinity of the premises. This notice was called a ‘Closure Notice’.
A closure notice could be issued where a premises was found to be in breach of the conditions attached to the licence issued under section 2 of the Licensing Act 2003, if the conditions related to the sale of alcohol and the breach was such as to render the sale unauthorised. Where an unauthorised activity was found, then the closure notice must be served within 24 hours on the person who had control of the premises and any person who had an interest in the premises.
The Closure Notice issued under section 19 could only be issued against premises selling alcohol for consumption on or in the vicinity of the premises, however it could not be used where premises operated other than in accordance with the licence if the activity concerned was regulated entertainment, the provision of late night refreshment or the supply of alcohol to a member of a club or their guest. Should the premises fail to cease the unauthorised activity, then a closure order may be sought form the magistrates under section 20(1) of the Act. Such a complaint must be made not less than seven days after and before six months of the closure notice being served.
Where a closure order has been made, under section 22(1), it may be lifted when a certificate was issued stating that the local authority was satisfied that unauthorised activities had ceased and as such the order was no longer needed.
The Service Director stated that officers from the Licensing Division visited premises out of hours as part of the programmed enforcement, during the day and out of hours. It was during these inspections that unauthorised activities may be observed.
Resolved – (a) That officers of the Licensing Division be authorised to issue notices and termination of closure order certificates on behalf of the local licensing authority, and (b) that the council be requested to amend its constitution and delegations to officers to reflect this additional delegation.
865 (2) HACKNEY CARRIAGE TABLE OF FARES – PROPOSED INCREASE 2010/2011 – 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 of 3.5% to the current table of fares for Hackney Carriage Vehicles. The current and proposed 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.
A proposed table of fares had been compared with the fares charged in neighbouring council’s areas and were 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; (c) that any objections be reported back to the next meeting of the committee, and (d) that under current economic conditions, it is the committee’s preference that no further requests for fare increases are received for at least 12 months.
866 APPEALS SUBMITTED TO THE MAGISTRATES COURT – The Service Director Legal and Democratic reported orally that no decisions of the council’s Licensing Committee, Licensing (Miscellaneous) Sub-Committee or Licensing (Activities) Sub-Committee had been appealed to the Magistrates Court since the last meeting of the committee on 9 March 2010.
Resolved – That the position be noted.