northlincs.gov.uk

Licensing Committee – 13 January 2009

PRESENT: Councillor Barkworth in the chair.

Councillors Swift (vice-chair), Appleyard, Bainbridge, Clark, Davison, Eckhardt, Ellerby, L Foster, Poole, C Sherwood, N Sherwood, Smith and Wells.

The committee met at Pittwood House, Scunthorpe.

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

752 MINUTES – Resolved – That the minutes of the proceedings of this committee held on 11 November 2008, having been printed and circulated amongst the members, be taken as read and correctly recorded and signed by the chair.

753 SUB-COMMITTEE PROCEEDINGS – Resolved – That the minutes of the meetings of the Licensing (Miscellaneous) Sub-Committee held on 27 November 2008 and the special meeting held on 18 December 2008 be received.

754 SUB-COMMITTEE PROCEEDINGS – Resolved – That the minutes of the meetings of the Licensing (Activities) Sub-Committee held on 10 November 2008 be received.

755 (30) LICENSING POLICY HACKNEY CARRIAGE AND PRIVATE HIRE -DRAFT POLICY – The Service Director Neighbourhood and Environment submitted a draft Licensing Policy for Hackney Carriage and Private Hire vehicles, drivers and operators.

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.

The Licenses were issued in accordance with the Town Police Clauses Act 1847 and Local Government (Miscellaneous Provisions) Act 1976.

There was no legal requirement for the Policy, however due to the increase in consultation being carried out related to these licensing functions and the need to be consistent in the council’s approach to licensing, it was considered good practice that such a policy be implemented.

Previous reports had been presented before the Licensing Committee on 8 July 2008, which looked at Hackney Carriage and Private Hire Vehicle Conditions and a review of the testing criteria. Each of these reports resulted in the start of consultation, which confused the consultees. In light of this, it was determined to bring all of the issues under one policy and start consultation afresh.

As a part of the proposed consultation, it was proposed to hold a working group with trade representatives and interested parties.

Resolved – (a) That the licensing policy be approved, subject to consultation, and (b) that as part of the proposed consultation, elected members be invited to attend the working group with trade representatives and interested parties.

756 EXCLUSION OF THE PUBLIC – Resolved – That the public be excluded from the meeting for consideration of the following item (Minute 757 refers) on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 12 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended).

757 APPEALS SUBMITTED TO THE MAGISTRATES COURT – The Service Director Legal and Democratic informed the meeting of counsel’s advice with regard to the outcome of the appeal and the interpretation of the conditions imposed by the Magistrate Courts as a result of hearing the appeal against the council’s decision by Der Schnapps Bar.

Members were also informed of a recent appeal lodged to the Magistrates Court as a result of a decision made by the Licensing (Miscellaneous) Sub-Committee.

Resolved – That the Service Director Neighbourhood and Environment submit a Freedom of Information request to the Department for Culture, Media and Sport requesting the number of local authority appeals which have been (a) submitted to the Magistrates Court, and (b) overturned by the Magistrates Court as a result of the Licensing Act 2003.