Licensing Committee – 24 November 2011

Chair:  Councillor Clark
Venue:  Function Room 1, Pittwood House, Ashby Road, Scunthorpe
Time:  10am

AGENDA

  1. Substitutions
  2. Declarations of personal or personal and prejudicial interests or significant contact with applicants, objectors or third parties (lobbying) if any
  3. To take the minutes of the meeting of this committee held on 15 September 2011, as a correct record and authorise the chairman to sign
  4. Sub-Committee Proceedings – To receive and where necessary confirm the minutes of the meeting of the following sub-committee
    (i)  Licensing (Miscellaneous) Sub-Committee held on 6 October 2011
  5. Street Trading – Local Government (Miscellaneous Provisions) Act 1982
  6. Appeals submitted to the Magistrates’ Court (if any) – oral update by the Assistant Director Democratic and Legal
  7. Any other items which the chairman decides are urgent by reason of special circumstances which must be specified.

Note:  Reports are by Director of Neighbourhood and Environmental Services unless otherwise stated.

MINUTES

PRESENT:  Councillor Clark in the chair. 

Councillors P Vickers (vice-chairman), Allcock, Armitage, Barkworth, Carlile, Eckhardt, Ellerby, Glover, Ogg, Oldfield, Swift, K Vickers, Wells and Whiteley.

Councillor Collinson attended the meeting under the provisions of Procedure Rule 1.37b

The committee met at Pittwood House, Scunthorpe.

953  DECLARATIONS OF PERSONAL OR PERSONAL AND PREJUDICIAL INTERESTS AND SIGNIFICANT CONTACT WITH APPLICANTS, OBJECTORS OR THIRD PARTIES (LOBBYING) – The following members declared a personal interest –

Member Nature of Interest  
Councillor Armitage Licence holder
Councillor Oldfield Licence holder

 

954  MINUTES – Resolved – That the minutes of the proceedings of this committee held on 15 September 2011, having been printed and circulated mongst the members, be taken as read and correctly recorded and signed by the chairman.

 

955  SUB-COMMITTEE PROCEEDINGS – Resolved – That the minutes of the meeting of the Licensing (Miscellaneous) Sub-Committee held on 6 October 2011 be received.

956  (12) STREET TRADING – LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982 – The Director of Neighbourhood and Environmental  Services submitted a report which considered the re-designation of certain streets in North Lincolnshire under Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982.

The report explained that with effect from 16 January 1998 North Lincolnshire Council had adopted Schedule 4 of the above Act relating to the control of Street Trading. Consequently, all streets in North Lincolnshire were designated as ‘consent streets’ from 1 April 2000 following public notice in accordance with statutory provisions. However, re-designation was now being reconsidered as the system had been found to be deficient when dealing with applications in the pedestrianised areas of Scunthorpe and North Lincolnshire as a whole.

The Director in his report reminded the committee that in addition to the designation of streets as ‘consent streets’ the above Act allowed for streets to be designated as ‘licence streets’, and set out more comprehensive, relevant matters that could be taken into account when considering applications for a Street Trading Licence. He also emphasised that the designation of streets as ‘consent streets’ should remain for the greater part of North Lincolnshire to allow itinerant traders to continue to trade, as street trading licences did not allow for itinerant traders. It was therefore proposed to re-designate the whole district as ‘consent streets’ other than streets identified in paragraph 2.7 of the report. These were predominately located in pedestrianised areas, including the area around Britannia Corner, Scunthorpe which was closed on Friday and Saturday nights. A further 3 options available to the committee were also summarised in the report.

Members of the public would be able to make representations following publication of the required statutory notice.

Recommended to Council – That Option 1 as described in paragraph 3.1 of the report be approved and adopted, following publication of notice in accordance with statutory requirements.

(The above minute was approved and adopted on behalf of council by Decision Record C/4/11 )

957 APPEALS SUBMITTED TO THE MAGISTRATES COURT – The Assistant Director Democratic and Legal 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 15 September 2011.

Resolved – That the position be noted.