Licensing Committee – 22 June 2017

AGENDA 

1.  Substitutions.
2.  Declarations of disclosable pecuniary interests and personal or personal and prejudicial interests, and significant contact with applicants, objectors or third parties (lobbying), if any.
3.  To take the minutes of the meeting of this committee held on 23 March 2017,  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 24 May 2017
(ii)      Licensing (Activities) Sub-Committee held on 15 March 2017.
5.  To note the scheduled dates and times of the Licensing Committee as follows –
Thursday 21 September 2017 at 10.00 am
Thursday 23 November 2017 at 10.00 am
Thursday 25 January 2018 at 10.00 am
Thursday 22 March 2018 at 10.00 am

6.  To note the scheduled dates and times of the Licensing (Miscellaneous) Sub Committee as follows –
Thursday 6 July 2017 at 10.00 am
Thursday 27 July 2017 at 10.00 am
Thursday 3 August 2017 at 10.00 am
Thursday 7 September 2017 at 10.00 am
Thursday 5 October 2017 at 10.00 am
Thursday 2 November 2017 at 10.00 am
Thursday 7 December 2017 at 10.00 am
Thursday 18 January 2018 at 10.00 am
Thursday 8 February 2018 at 10.00 am
Thursday 13 March 2018 at 10.00 am
Thursday 19 April 2018 at 10.00 am

7.  To appoint a Licensing (Miscellaneous) Sub-Committee comprising five members of the Licensing Committee (three Conservative and two Labour members) Councillors K Vickers (Chairman), P Vickers (Vice-Chairman), Armitage, Clark and Oldfield.
8.  To appoint a Licensing (Activities) Sub-Committee comprising three members (politically balanced) drawn from the 15 members of the Licensing Committee.  (Membership of the sub-committee to deal with individual cases to be appointed as required from eligible members)
9.  Hackney Carriage Table of Fares – Proposed Increase 2017
10.  The Openness of Local Government Bodies Regulations 2014
11.  Setting a Fees Policy for Licensing of Park Home Sites
12.  Any other items which the Chairman decides are urgent by reason of special circumstances which must be specified.

 

MINUTES

PRESENT:  Councillor K Vickers in the chair.
Councillors P Vickers (vice-chairman), Ali, Allcock, Armitage, Clark, Ellerby, Glover, Hannigan, Oldfield, Poole, C Sherwood, Swift, Wells and Wilson.

The committee met at the Civic Centre, Scunthorpe.

1417   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 personal interests –

Member

Nature of Interest

Councillor Ali Taxi Licence Holder
Councillor Armitage Personal Licence Holder
Councillor Oldfield Personal Licence Holder
Councillor Poole Personal Licence Holder
Councillor C Sherwood Personal Licence Holder

1418   MINUTES – Resolved – That the minutes of the proceedings of thiscommittee held on 23 March 2017, having been printed and circulated amongst the members, be taken as read and correctly recorded and signed by the chairman.

1419   SUB-COMMITTEE PROCEEDINGSResolved – That the minutes of the meetings of the Licensing (Miscellaneous) Sub-Committee held on 24 May 2017 be received.

1420   SUB-COMMITTEE PROCEEDINGSResolved – That the minutes of the meetings of the Licensing (Activities) Sub-Committee held on 15 March 2017 be received.

1421   LICENSING COMMITTEE – DATES AND TIMES OF MEETINGS – Resolved – That dates and times of future meetings of the committee be held at 10:00am on –

Thursday 21 September 2017 Thursday 23 November 2017 Thursday 25 January 2018 Thursday 22 March 2018

1422   LICENSING (MISCELLANEOUS) SUB-COMMITTEE – DATES AND TIMES OF MEETINGS – Resolved – That the dates and times of future meetings of the committee be held at 10:00am on –

Thursday 6 July 2017 Thursday 27 July 2017 Thursday 3 August 2017 Thursday 7 September 2017 Thursday 5 October 2017 Thursday 2 November 2017 Thursday 7 December 2017 Thursday 18 January 2018 Thursday 8 February 2018 Tuesday 13 March 2018 Thursday 19 April 2018

1423   TO APPOINT A LICENSING (MISCELLANEOUS) SUB-COMMITTEE – Resolved – That a Licensing (Miscellaneous) Sub-Committee be appointed comprising five members of the Licensing Committee, three Conservative members (Councillors K Vickers (chairman), P Vickers (vice-chairman), and Clark and two Labour members (Councillors Armitage and Oldfield).

1424   TO APPOINT A LICENSING (ACTIVITIES) SUB-COMMITTEE Resolved -That a Licensing (Activities) SubCommittee be appointed comprising three members (politically balanced) drawn from the 15 members of the Licensing Committee. (Membership of the sub-committee to deal with individual cases to be appointed as required from eligible members).

1425   (1)      HACKNEY CARRIAGE TABLE OF FARES – The Director: Operations submitted a report that informed members of a request from the North Lincolnshire Taxi and Private Hire Association to increase the Table of Fares.

Section 65 of the Local Government (Miscellaneous Provisions) Act 1976 stated that the council may set the table of fares for hackney carriage vehicles.  The council had previously determined to set a maximum table of fares.  The setting of a maximum table of fares allowed drivers to charge less than the fare on the meter should they wish too.

A request was made by the North Lincolnshire Hackney Carriage and Private Hire Association to increase the Table of Fares.  A copy of the request was attached to the report at Appendix A.

The current Table of Fares was agreed in 2012, a copy of which was attached to the report at Appendix B.

A copy of the proposed Table of Fares was attached to the report at Appendix C.

Resolved – (a) That the proposed table of fares attached to the report at Appendix C be approved; (b) that the table of fares be advertised in accordance with statutory requirements, and (c) that any objections be reported back to a future meeting.

1426   (2)      THE OPENNESS OF LOCAL GOVERNMENT BODIES REGULATIONS 2014 – The Director: Operations submitted a report that advised the committee of all decisions taken by authorised officers of the Licensing Division, in relation to licences, registrations, permits and consents, under the scheme of delegation.

In August 2014 the Government introduced regulations which required the publication of decisions by officers for non-executive functions where were for authorisation, a licence or where it affected the rights of an individual.

The adoption of the Openness of Local Government Bodies Regulations in August 2014 changed the requirements placed on local authorities in regard to reporting decisions taken under delegated authority by Officers.

Prior to the new regulations, Officers were required only to produce a report on decisions taken under authority delegated to them under the Authority’s Executive powers.

The requirement had now been extended to all decisions, whether made by an officer or on behalf of another committee/sub-committee or joint committee, in which the council participated.  This applied where the decision had been delegated to an officer, either under a specific delegation or under a general authorisation.

A summary of all decisions made by officers for licences, registrations, permits and consents issued between 4 January 2016 and 19 February 2017 was attached at Appendix 1 of the report.

Resolved – That the report be noted.

1427   (3)      SETTING A FEES POLICY FOR LICENSING OF PARK HOME SITES – Further to Minute 1408, the Director: Operations submitted a report that sought approval for a fees policy for licensing of Park Home Sites.

The Caravan Site and Control of Development Act 1960 (CSCDA60) introduced a licensing system to regulate the establishment and operation of caravan sites.

In 2014, The Mobile Homes Act 2013 (MHA13) came into force.  The changes introduced by the MHA13 include the ability to charge fees for all the licensing functions related to Park Home or residential sites.

Within North Lincolnshire, there were seven park home sites with over 500 pitches in total.  Each had a site licence with conditions attached.

At the March Licensing Committee, there was agreement in principle given to establishing a licensing and fees policy for park home sites, subject to the approval of a policy.  Consequently, the draft policy was attached to the report at Appendix 1.

A meeting with the site owners was held on the 3 May 2017 to discuss the draft policy.  Agreement was reached for the introduction of a licensing and fees policy.

Resolved – (a) That the draft fees policy, its publication and the charging of park home sites for all aspects of licensing, including the annual inspection and compliance visit be agreed, and (b) that one year after implementation of the policy, the committee receive an update report.

1428   APPEALS TO THE MAGISTRATES COURT – The Director: Governance and Partnerships informed the committee of the outcome of a recent appeal lodged to the Magistrates Court as a result of a decision made by the Licensing (Miscellaneous) Sub-Committee.