Licensing Committee – 18 September 2014
Chairman: Councillor K Vickers
Venue: Function Room 1, Civic Centre, Ashby Road, Scunthorpe
Time: 10 am
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 12 June 2014, 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 17 July 2014 and the special meeting held on 12 June 2014.
(ii) Licensing (Activities) Sub-Committee held on 15 July 2014 and 1 August 2014.
5. Licensing Policy – Hackney Carriage and Private Hire
6. Licensing Act 2003 – Cumulative Impact Policy
7. Licensing Act 2003 – Early Morning Alcohol Restriction Order
8. 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 (chairman) in the chair.
Councillors P Vickers (vice-chairman), Allcock, Armitage, Carlile, Clark, Eckhardt, Ellerby, L Foster, Glover, Oldfield, Rowson, Swift, Wells and Whiteley.
The committee met at Civic Centre, Scunthorpe.
1180 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 –
|Member||Nature of Interest|
|Councillor Armitage||Licence holder|
|Councillor Oldfield||Licence holder|
1181 MINUTES – Resolved – That the minutes of the proceedings of this committee held on 12 June 2014, having been printed and circulated amongst the members, be taken as read and correctly recorded and signed by the chairman.
1182 SUB-COMMITTEE PROCEEDINGS – Resolved – That the minutes of the meeting of the Licensing (Miscellaneous) Sub-Committee held on 17 July 2014, and the special meeting held on 12 June 2014 be received, subject to minute 1173 of the meeting held on 17 July 2014 being amended in the last sentence to read ‘knew applicant as patron of public house’.
1183 SUB-COMMITTEE PROCEEDINGS – Resolved – That the minutes of the meeting of the Licensing (Activities) Sub-Committee held on 15 July 2014 and 1 August 2014 be received.
1184 (8) LICENSING POLICY – HACKNEY CARRIAGE AND PRIVATE HIRE – The Director of Places circulated a report informing the committee of the revised draft of the Hackney Carriage and Private Hire Licensing Policy and the Hackney Carriage and Private Hire Testing and Inspection Manual following a period of consultation with interested parties. A copy of the policy was attached in appendix A.
The report explained that North Lincolnshire Council had a duty to protect the public and was authorised to carry out the statutory function of issuing Licences in relation to Hackney Carriage and Private Hire Drivers, Vehicles and Operators.
These Licences were issued in accordance with the Town Police Clauses Act 1847 and the Local Government (Miscellaneous Provisions) Act 1976. There was no legal requirement for the policy, however it was considered good practice that such a policy was implemented.
The current policy was previously reviewed in September 2012. Since then there had been a number of required changes which were summarised in table 1 of paragraph 2.7 of the report.
The Director guided members through the consultation process. Working groups were held with representatives from the Hackney Carriage and Private Hire trade and two letters had been sent to every licensed driver. Members were provided with copies of the notes from the working groups and consultation meetings.
The Director explained that all the changes to the policy had been agreed by the representatives of the Hackney Carriage and Private Hire trade, with the exception of the introduction of a Penalty Points Scheme. The Scunthorpe District Taxi Association had formally objected to the introduction of the scheme. A copy of the representation was attached as appendix C. In addition, a second letter had been received from the Association, which was circulated to all committee members.
The Director of Places then responded to members’ questions.
Recommended to Council – That the Hackney Carriage and Private Hire Licensing Policy be approved.
1185 (9) LICENSING ACT 2003 – CUMULATIVE IMPACT POLICY – The Director of Places circulated a report seeking an amendment to the Cumulative Impact Policy. The Policy was introduced in 2008 and then reviewed in 2012.
The aim of the policy was not to reject all applications for a licence within the boundary of the Cumulative Impact Zone as all applications need to be determined on their own merits, but more to create a presumption that where representations are received from a responsible authority, then the application should be refused, unless the applicant can show that the proposed application would not add to the cumulative impact being experienced.
At a recent Licensing (Activities) Sub-Committee hearing it was noted that there was typographical error in the policy. The error could be found on page 3 of the report at paragraph 5(5) of the policy, where the missing word “resisting” had been highlighted. This error needed to be rectified.
Recommended to Council – That the above change to the Cumulative Impact Policy be approved.
1186 (10) LICENSING ACT 2003 – EARLY MORNING ALCOHOL RESTRICTION ORDER – The Director of Places circulated a report seeking the views of the committee on whether the Licensing Authority should propose to make an order for the introduction of an Early Morning Alcohol Restriction Order for the area of Scunthorpe Town Centre which was already covered by a Cumulative Impact Zone.
Section 172A of the Licensing Act 2003 allowed a Licensing Authority to make an order for an Early Morning Alcohol Restriction Order where it considered that it was appropriate for the promotion of the licensing objectives.
Should the Licensing Authority deem it appropriate to propose an order to support one or more of the objectives, then it would mean that any premises licence, temporary event notice, or club premises certificate would not have the effect of authorising the sale of alcohol during the period specified in the order.
The Cumulative Impact Policy was introduced in 2008 to address issues of alcohol fuelled crime and disorder. The policy had been successful in this, however the policy does not mean that applicants cannot apply to extend their licence.
Should the Committee determine that it is appropriate to propose that an order was made, then the order would need to be processed in accordance with section 172B of the Licensing Act 2003.
The Director of Places then responded to members’ questions.
Resolved – That, in order to promote the four Licensing Objectives, the Licensing Authority commence proceedings to introduce an Early Morning Alcohol Restriction Order between the hours of 03:00 hours and 06:00 hours within the Scunthorpe town centre Cumulative Impact Zone.
1187 MS ANGELA CAWKWELL – PRINCIAPL SOLICITOR – The Chairman stated that this would be Angela’s last meeting. The Chairman thanked Angela for her dedicated support and services to the committee over the years and wished her every success in the future.