Licensing Committee – 20 September 2012
Time: 10 am
2. Declarations of Disclosable Pecuniary Interests, 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 24 May 2012 and special meeting of 21 June, 2012 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-committees –
(i) Licensing (Miscellaneous) Sub-Committee held on 21 June and 6 September, 2012.
(ii) Licensing (Activities) Sub-Committee held on 4 May and 13 June 2012
5. Gambling Act 2005 – Review of Statement of Principles.
6. Licensing Act 2003 – Review of Licensing Policy and Cumulative Impact Policy.
7. Licensing Policy – Hackney Carriage and Private Hire.
8. Local Government (Miscellaneous Provisions) Act 1982 and Highways Act 1980 – Street Trading, Collections and Authorisations Policy.
9. Any other items which the Chairman decides are urgent by reason of special circumstances which must be specified.
Note: Reports are by Director of Places unless otherwise stated.
PRESENT: Councillor K Vickers in the chair.
Councillors P Vickers (vice-chairman) Allcock, Armitage, Mrs Bromby, Bunyan, Carlile, Ellerby, England Glover, Jawaid MBE, Kataria, Oldfield, Robinson, and Whiteley.
The committee met at the Civic Centre, Scunthorpe.
1026 DECLARATIONS OF DISCLOSABLE PECUNIARY INTERESTS, PERSONAL OR PERSONAL AND PREJUDICIAL INTERESTS AND SIGNIFICANT CONTACT WITH APPLICANTS, OBJECTORS OR THIRD PARTIES (LOBBYING) – The following members declared a personal interest –
Nature of Interest
Member of family is a Taxi Licence holder
Member Of CAMRA
Hackney Carriage Licence holder
1027 MINUTES – Resolved – That the minutes of the proceedings of this committee held on 24 May 2012, and special meeting held on 21 June 2012 having been printed and circulated amongst the members, be taken as read and correctly recorded and signed by the chairman.
1028 SUB-COMMITTEE PROCEEDINGS – Resolved – That the minutes of the meeting of the Licensing (Miscellaneous) Sub-Committee held on 21 June and 6 September 2012 be received.
1029 SUB-COMMITTEE PROCEEDINGS – Resolved – That the minutes of the meetings of the Licensing (Activities) Sub-Committee held on 4 May and 13 June 2012 be received.
1030 (12) GAMBLING ACT 2005 – REVIEW OF STATEMENT OF PRINCIPLES – Further to minute 1010, the Director of Places submitted areport containing the reviewed ‘Gambling- Statement of Principles’ following completion of the statutory consultation process on 31 August 2012. No representations had been received.
The report explained that in accordance with Section 349 of the Gambling Act 2005 there was a requirement to review the statement of principles every three years. The revised statement was being presented to the Licensing Committee for consideration prior to it recommending approval by the Council by January 2013.
A copy of the Statement of Principles was attached as Appendix A to the report.
Recommended to Council – That the Gambling – Statement of Principles attached as appendix A to the report be approved and adopted.
1031 (13) LICENSING ACT 2003 – REVIEW OF LICENSING POLICY AND CUMULATIVE IMPACT POLICY – Further to minute 1012, the Director of Places submitted a report containing the reviewed ‘Statement of Licensing Policy’ and ‘Cumulative Impact Policy’ following completion of the statutory consultation process on 31 August 2012.
The report explained that following the introduction of the Police Reform and Social Responsibility Act 2011 it was deemed necessary to review the policies to ensure that legislative changes were reflected.
One representation had been received from the Humberside Fire and Rescue Service during the consultation process which had now been reflected in the draft Statement of Licensing Policy on page 64.
The revised draft Statement of Licensing Policy was attached as appendix A to the report, with the draft Cumulative Impact Policy at appendix B.
Recommended to Council – That the Statement of Licensing Policy and Cumulative Impact Policy attached as appendix A and B to the report respectively be approved and adopted.
1032 (14) LICENSING POLICY – HACKNEY CARRIAGE AND PRIVATE HIRE – Further to minute 1011, the Director of Places submitted a report presenting the reviewed ‘Hackney Carriage and Private Hire’ Licensing Policy following completion of a consultation process on 31 August 2012. No representations had been received.
The report explained that there was no legal requirement for this policy. However, due to the increase in consultation being carried out on these licensing functions and the need to be consistent in approach on such licensing matters, it was implemented in accordance with good practice. The recent review had been carried out following changes to procedures, which had now been reflected in the policy.
The revised draft Hackney Carriage and Private Hire Licensing Policy was attached as Appendix A to the report.
Recommended to Council – That the Hackney Carriage and Private Hire Licensing Policy attached as appendix A to the report be approved and adopted.
1033 (15) LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982 AND HIGHWAYS ACT 1980 – STREET TRADING, ACTIVITIES AND COLLECTIONS POLICY – Further to minutes 985 and 993, the Director of Places submitted a report presenting the reviewed ‘Street Trading, Activities and Collections’ policy following completion of a consultation process on 31 August, 2012.
The report explained that the Licensing Team had been approached by the Scunthorpe Town Centre Management Team asking for a review of the Street Trading, Activities and Collections Policy to include additional restrictions allowing street trading and authorised activities to be contained to designated areas of the High Street. In addition, it had been requested that authorisations under the Highways Act 1980 be added to the policy. These authorisations would cover the production of income (tables & chairs and other activities) and provision of information. It was proposed that no charge be made for businesses wishing for tables and chairs to be placed on the highway and that a charge be made of £10.00 per day be made for other activities. Where the activities were in the public interest or charitable it was proposed within the policy that the Licensing Manager be given delegated authority to waive the fee subject to evidence being provided.
The reviewed draft Street Trading, Activities and Collections policy was attached as Appendix A to the report and a number of representations received were included as Appendix B.
The Director of Places commented upon the proposed changes and responded to members questions.
Recommended to Council – That the Street Trading, Activities and Collections Policy attached as appendix A to the report with the deletion of the word ‘silent’ in respect of generators being replaced with ‘shall be quiet as to not cause a nuisance’ throughout the document, be approved and adopted.
(The above minute, 1033 refers, was approved and adopted on behalf of council by Decision Record C/3/12 ).