Licensing Committee 14 June 2018
Chairman: Councillor K Vickers
Venue: Function Room 1, Civic Centre, Ashby Road, Scunthorpe
Time: 10.00 am
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 22 March 2018 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 13 March and 19 April 2018.
5. To note the scheduled dates and times of the Licensing Committee as follows:
Thursday 20 September 2018 at 10.00 am
Thursday 22 November 2018 at 10.00 am
Thursday 24 January 2019 at 10.00 am
Thursday 21 March 2019 at 10.00 am
6. To note the scheduled dates and times of the Licensing (Miscellaneous) Sub-Committee as follows:
Thursday 19 July 2018 at 10.00 am
Thursday 6 September 2018 at 10.00 am
Thursday 4 October 2018 at 10.00 am
Thursday 1 November 2018 at 10.00 am
Thursday 6 December 2018 at 10.00 am
Thursday 17 January 2019 at 10.00 am
Thursday 14 February 2019 at 10.00 am
Thursday 14 March 2019 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 Clark (Vice-Chairman), Armitage, Ellerby and C Sherwood.
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. The Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018.
10. Institute of Licensing – Guidance on Determining the Suitability of Applicants and Licensees in the Hackney and Private Hire Trades.
11. The Openness of Local Government Bodies Regulations 2014.
12. Appeals Submitted to the Magistrates Court.
13. Any other items which the Chairman decides are urgent by reason of special circumstances which must be specified.
PRESENT: – Councillor K Vickers in the chair.
Councillors Ali, Armitage, Ellerby, T Foster, Kataria, Longcake, Mumby-Croft, Ogg, Oldfield, C Sherwood, Swift, P Vickers.
The committee met at the Civic Centre, Scunthorpe.
1509 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 –
|Nature of Interest
Taxi Licence Holder
|Councillor Armitage Councillor Oldfield||Personal Licence Holder Personal Licence Holder|
1510 MINUTES – Resolved – That the minutes of the proceedings of thiscommittee held on 22 March 2018, having been printed and circulated amongst the members, be taken as read and correctly recorded and signed by the chairman.
1511 SUB-COMMITTEE PROCEEDINGS – Resolved – That the minutes of the meeting of the Licensing (Miscellaneous) Sub-Committee held on 13 March and 19 April 2018 be received.
1512 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 20 September 2018
Thursday 22 November 2018
Thursday 24 January 2019
Thursday 21 March 2019
1513 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 26 July 2018
Thursday 6 September 2018
Thursday 4 October 2018
Thursday 1 November 2018
Thursday 6 December 2018
Thursday 17 January 2019
Thursday 14 February 2019
Tuesday 14 March 2019
1514 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 Clark (Vice-Chairman) and C Sherwood) and two Labour members (Councillors Armitage and Ellerby).
1515 TO APPOINT A LICENSING (ACTIVITIES) SUB-COMMITTEE – Resolved -That a Licensing (Activities) Sub–Committee 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).
1516 (4) THE ANIMAL WELFARE (LICENSING OF ACTIVITIES INVOLVING ANIMALS) (ENGLAND) REGULATIONS 2018 – The Director: Operations circulated a report to inform the committee of changes to the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 which comes into effect on 1 October 2018.
The regulations will replace the current Animal Welfare legislation and will change the way in which premises are licensed. Currently, a premises needs to hold a licence for each activity they conduct, whereas they will have one licence covering all activities in future. The licensable activities are: –
- selling animals as pets
- providing or arranging for the provision of boarding for cats or dogs
- hiring out horses
- breeding dogs
- keeping or training animals for exhibition
The Regulations will provide applicants with the opportunity to have a licence for either one, two or three years. The licence issued will be dependent upon a risk assessment at the premises.
Further guidance is due to be published. Once this guidance has been published we will be able to determine how this change in legislation will impact on the Council and licence holders.
Members commented on particular aspects of the report to which the Director: Operations responded to.
Resolved – That the report be noted.
1517 (5) INSTITUTE OF LICENSING – GUIDANCE ON DETERMINING THE SUITABILITY OF APPLICANTS AND LICESEES IN THE HACKNEY AND PRIVATE HIRE TRADES – The Director: Operations submitted a report to inform members of the guidance on determining the suitability of applicants and licensees in hackney and private hire trades produced by the Institute of Licensing (IoL), Lawyers in Local Government (LLG), National Association of Licensing Enforcement Officers (NALEO) and the Local Government Association (LGA); and recommended the adoption of the guidance by the council.
The guidance on determining the suitability of applicants and licensees in hackney and private hire trades had been published by the IoL in consultation with the LLG, NALEO and the LGA.
The guidance made a number of recommendations relating to how council’s deal with the fitness and proprietary of applicants for vehicle, drivers and operators licenses.
The council already had a comprehensive licensing policy covering the fitness of applicants and guidance for members, and while that guidance did not replace the policy, it was seen as supplementary and support to the current tests.
It was therefore proposed that the council adopt the guidance when making decisions in addition to the council’s current licensing policy. In adopting the guidance it was suggested that where the policy or the guidance was of a higher standard that that provision be adopted. The result being that the council maintained the current standards and adopt higher standards in line with national guidelines.
A copy of the guidance was attached at Appendix A of the report.
Members asked questions and commented on particular aspects of the guidance to which the Director: Operations responded to and clarified.
Resolved – That the guidance in accordance with option 1 of the report be adopted.
1518 (6) 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 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 14 April 2018 and 5 June 2018 was made available on the council’s website, at the meeting and was displayed in the group offices for viewing.
Resolved – That the report be noted.
1519 (7) APPEALS SUBMITTED TO THE MAGISTRATES COURT – The Director: Governance and Partnerships informed the committee of an appeal lodged to the Magistrates Court as a result of a decision made by the Licensing (Miscellaneous) Sub-Committee. This was heard on Thursday 10 May 2018 and the decision was that the appeal be dismissed.
The Director: Governance and Partnerships informed the committee of a further appeal lodged to Crown Court as a result of the decision made by the Magistrates. This was listed for Wednesday 29 August 2018.
Resolved – That the position be noted.