northlincs.gov.uk

Licensing Committee – 11 November 2008

MINUTES

PRESENT: Councillor Barkworth in the chair.

Councillors Swift (vice-chair), Clark, Davison, Ellerby, L Foster, O’Sullivan, Poole, C Sherwood, N Sherwood, Sidell, Smith, Wells and Whiteley.

The committee met at Pittwood House, Scunthorpe.

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

737 MINUTES – Resolved – That the minutes of the proceedings of this committee held on 8 July 2008, having been printed and circulated amongst the members, be taken as read and correctly recorded and signed by the chair.

738 SUB-COMMITTEE PROCEEDINGS – Resolved – That the minutes of the meetings of the Licensing (Miscellaneous) Sub-Committee held on 24 June, 24 July and 25 September 2008 be received.

739 SUB-COMMITTEE PROCEEDINGS – Resolved – That the minutes of the meetings of the Licensing (Activities) Sub-Committee held on 10 July and 14 August 2008 be received.

740 (23) PUBLIC HEALTH ACTS AMENDMENT ACT 1907 – PLEASURE BOATS AND BOATSMENS LICENCES – Further to Minute 711, the Service Director Neighbourhood and Environment submitted a report which sought to implement the licensing of pleasure boats and boatsmen following a consultation exercise.

Section 94 of the Public Health Acts Amendment Act 1907 authorised local licensing authorities to grant licences for pleasure boats, which were used for carrying passengers for hire. In addition a licence could be issued for persons in charge of navigating such vessels.

Legislation empowers local authorities to grant a licence, adding conditions as it may think fit and may charge a fee as appears to be appropriate. The legislation covered any boat or craft with the capacity of up to 12 persons. The Maritime and Coastguard Agency (MCA) regulate all craft beyond this capacity.

This report sought to implement the licensing of pleasure boats and boatsmen within North Lincolnshire.

Whilst the authority offered advice for such licences on the North Lincolnshire Council website, there were no guidelines, application forms, fees or conditions in place to enable the licensing division to implement such licences.

In considering an application for a pleasure boat, it should be inspected by a suitably qualified surveyor. It was the intention of the council that such an inspection should be carried out before licensing. Any costs for the assessment of suitability for pleasure boats or the competency of boatmen applications would be met by the applicant.

It was suggested that both pleasure boat and boatsmen licences be issued for a period of 12 months, commencing on the day of issue by the authority.

Conditions to be attached to each type of licence were attached to the report at Appendix B for pleasure boats, Appendix C for Boatsmen and Appendix D for restricted Boatsmen.

The fee scales for issuing licences for the financial year 2008/09 were recommended as follows;

As a result of the consultation exercise undertaken following the last meeting of this committee, one response had been received. Following the comments the conditions had been amended to include the requirement for applicants to produce specified certificates to support their application.

Resolved – (a) That the request for the licensing of pleasure boats and boatsmen be approved subject to the amendments made following consultation, and (b) that the fee structure as set out in Paragraph 2.8 of the report be approved.

741 (24) ANIMAL BOARDING ESTABLISHMENTS ACT 1963 – IMPLEMENTATION OF A LICENCE FOR HOME BOARDING OF DOGS –

Resolved – That this item be deferred to a future meeting of the committee.

742 APPEALS SUBMITTED TO THE MAGISTRATES COURT – The Service Director Legal and Democratic informed the meeting that the Magistrates Court had now considered an appeal by the Der Schnapps Bar against the decision of the Licensing (Activities) Sub-Committee meeting held on 10 July 2008.

The Magistrates Court upheld the applicants appeal and the opening hours of the premises would now be 03.30 hours with the licensed activities being until 03.00 hours.

Members then engaged in a discussion with the Service Directors Legal and Democratic and Neighbourhood and Environment on the ramifications of the Magistrates decision.

Resolved – (a) That the Licensing Bench and its legal advisers be invited to meet members and officers of the Licensing Authority to discuss appeals against the council’s decisions, and (b) that the Chair write to the Department for Culture, Media and Sport to express members’ concern that appeals against the Licensing Authority’s decisions are treated as fresh hearings by the Magistrates Court.