Licensing Committee – 8 July 2008

MINUTES

PRESENT: Councillor Barkworth in the chair.

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

Councillors Simpson, Whiteley and Wilson attended the meeting in accordance with Procedure Rule 37(b).

The committee met at Pittwood House, Scunthorpe.

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

Member
Minute Number
Nature of Interest
Councillor Clark 701 Representative of a local Parish Council
Councillor Wardle 701 Representative of a local Parish Council
Councillor Wells 701 Representative of a local Parish Council
Councillor Poole 701 to 709 Representative of a local Parish Council and also Chairman of the Federation of Small Businesses
Councillor Armitage 703 to 708 Personal Licence holder
Councillor C Sherwood 703 to 708 Personal Licence holder
Councillor N Sherwood 702 Member of Glanford Boat Club

707 MINUTES – Resolved – That the minutes of the proceedings of this committee held on 6 May 2008, having been printed and circulated amongst the members, be taken as read and correctly recorded and signed by the chair.

708 SUB-COMMITTEE PROCEEDINGS – Resolved – That the minutes of the meeting of the Licensing (Miscellaneous) Sub-Committee held on 22 May 2008 be received.

709 SUB-COMMITTEE PROCEEDINGS – Resolved – That the minutes of the meeting of the Licensing (Activities) Sub-Committee held on 19 June 2008 be received.

710 (6) LICENSING ACT 2003 – CUMULATIVE IMPACT POLICY – The members were invited to consider and pass comment on the draft Cumulative Impact Policy for Scunthorpe Town Centre, following recent consultation.

Members engaged in discussion with Nick Bramhill, Licensing Manager who confirmed that the vast majority of the public were in support of the policy. Nick Bramhill explained that the policy focused on the impact that the concentration of premises had on crime and disorder in the area concerned. It was hoped that the amendments and variations to the policy would reduce the impact of crime and disorder within Scunthorpe Town Centre.

A page by page review of the document was undertaken which gave members the opportunity to discuss any amendments made to the policy with the relevant officers concerned.

Resolved – (a) That the draft policy be agreed and referred to Full Council for approval and, (b) that thanks be conveyed from the committee to all involved with the consultation process and production of the Cumulative Impact Policy.

711 (7) PUBLIC HEALTH ACTS AMENDMENT ACT 1907 – PLEASURE BOATS AND BOATSMENS LICENCES -The Service Director Neighbourhood and Environment submitted a report, which sought to implement the licensing of pleasure boats and boatsmen.

The committee was advised that Nick Bramhill, Licensing Manager had been approached by the operator of a pleasure boat in Brigg, who had asked for clarification of the licensing requirements.

Members were asked to consider the proposals for the licensing of pleasure boats and boatsmen together with their respective conditions and, also to approve the fees and charges recommended for each licence to reflect the administration process.

Resolved – That the request for Licensing of Pleasure Boats and Boatsmen be approved subject to consultation.

712 (8) HACKNEY CARRIAGE AND PRIVATE HIRE TESTING AND INSPECTION – REVIEW OF ARRANGEMENTS – The Service Director Neighbourhood and Environment submitted a report which outlined the following objectives:-

  • To review the current hackney carriage and private hire vehicle testing and inspection process, to ensure that it was fit for purpose.
  • To consider the age at which vehicles should be tested on a more regular basis.
  • To consider an exceptional vehicle criteria for vehicles over eight years of age.

Members engaged in discussion with the officers concerned and it was explained that the vast majority of vehicles under five years old did pass the test first time. Vehicles over five years old, and more significantly over eight years old had however required retests due to mechanical defects such as faulty brakes, which posed a risk to passengers.

Resolved – That the proposed changes be approved subject to consultation with interested parties.

713 (9) SCUNTHORPE AND DISTRICT TAXI ASSOCIATION – The Service Director Neighbourhood and Environment submitted a report which outlined the following objectives:-

  • To inform the committee that a new body representing the taxi trade had been formed, namely the Scunthorpe and District Taxi Association.
  • To inform the committee that as a representative body, the Scunthorpe and District Taxi Association wished to attend the Taxi Licensing Forum.

Members received further information about the new association and the number of members involved, compared to the numbers in the North Lincolnshire Taxi and Private Hire Association and concluded that it had significant representation for the area.

Resolved – That the Scunthorpe and District Taxi Association be allowed to attend the Taxi Licensing Forum alongside the North Lincolnshire Taxi and Private Hire Association.

714 (10) LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 – AMENDMENT TO HACKNEY CARRIAGE VEHICLE LICENCE CONDITIONS – The Service Director Neighbourhood and Environment submitted a report which outlined the following objectives:-

  • To propose that the current Hackney Carriage Vehicle Licence Conditions be amended as attached to the report at Appendix A.
  • To start consultation with interested parties regarding the proposed changes, following which, a further report would be presented to the committee for consideration.

Members reviewed the amendments made to the document.

Resolved – (a) That the amended Conditions be agreed subject to consultation, (b) that all existing Hackney Carriage Vehicle Licences comply with the amended conditions on renewal after a year from this approval, and (c) that any new vehicles applying to be licensed as Hackney Carriage shall require compliance with the amended conditions with immediate effect.

715 (11) LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 – AMENDMENT TO PRIVATE HIRE VEHICLE LICENCE CONDITIONS – The Service Director Neighbourhood and Environment submitted a report which outlined the following objectives:-

  • To propose that the current Private Hire Vehicle Licence Conditions be amended as attached to the report as Appendix A.
  • To start consultation with interested parties regarding the proposed changes, following which a further report would be presented to the committee for consideration.

Members reviewed the amendments made to the document.

Resolved – (a) That amended Conditions be agreed subject to consultation, (b) that all existing Private Hire Vehicle Licences comply with the amended conditions on renewal after a year from this approval, and (c) that any new vehicles applying to be licensed as Private Hire Vehicles shall require compliance with the amended conditions with immediate effect.

716 (12) PROPOSED LICENCE FEES – HACKNEY CARRIAGE AND PRIVATE HIRE – The Service Director Neighbourhood and Environment submitted a report which outlined the following objectives:-

  • To inform members that there had been four objections to the proposed increase in licence fees
  • To request that members consider the objections and determine the level of increase for Hackney Carriage and Private Hire Licences.

Discussions took place to determine whether the fees were appropriate and how these compared to neighbouring counties.

Resolved – That the fees and charges appended to the report be approved and adopted.

717 (13) PROPOSED MAXIMUM TABLE OF FARES INCREASE 2008 – The Service Director Neighbourhood and Environment submitted a report which outlined the following objectives:-

  • To inform the Committee of an application from North Lincolnshire Taxi and Private Hire Association to increase the tables of fares for Hackney Carriage Vehicles.
  • Request that the Committee considers the proposed tables of fares increase for Hackney Carriage Vehicles.

Resolved – That the proposed table of fares as set out in Appendix B to the report be agreed and that they be advertised in accordance with statutory requirements.

718 (14) ANIMAL BOARDING ESTABLISHMENTS ACT 1963 – IMPLEMENTATION OF A LICENCE FOR HOME BOARDING OF DOGS – The Service Director Neighbourhood and Environment submitted a report which outlined the following objectives:-

  • To adopt new conditions and system for home boarding of dogs.
  • To adopt a set of licence conditions based on the Local Authorities Coordinators of Regulatory Services (LACORS) Guidance.

Resolved – (a) That the regulations under the Animal Boarding Establishments Act 1963, relating to home boarding be adopted, (b) that the conditions provided by LACORS appended to the report be adopted and, (c) that the fee for a Home Boarding Licence in 2008/09 be set at £80.00.

719 APPEALS SUBMITTED TO THE MAGISTRATES COURT – The Service Director Legal and Democratic informed the meeting that no decisions of the council’s Licensing Committee, Licensing (Miscellaneous) Sub-Committee or Licensing (Activities) Sub-Committee had been appealed to the Magistrates Court, since the last meeting of the committee on 6 May 2008.