Licensing Committee – 16 November 2010
Chair: Councillor Barkworth
Venue: Function Room 1, Pittwood House, Ashby Road, Scunthorpe
- Declarations of Personal or Personal and Prejudicial Interests or Significant Contact with Applicants, Objectors or Third Parties (lobbying) if any.
- To take the minutes of the meeting of this committee held on 14 September 2010, as a correct record and authorise the chair to sign.
- Sub-Committee Proceedings – To receive and where necessary confirm the minutes of the meetings of the Licensing (Activities) Sub-Committee held on 26 August 2010 and 7 September 2010.
- Licensing Act 2003 – Review of Licensing Policy.
- Licensing Policy – Hackney Carriage and Private Hire.
- Appeals submitted to the Magistrates Court – oral update by the Service Director Legal and Democratic.
- Any other items which the chair decides are urgent by reason of special circumstances which must be specified.
Note: Reports are by the Service Director Neighbourhood and Environment unless otherwise stated.
PRESENT: Councillor Barkworth in the chair.
Councillors Swift (vice-chair), Armitage, T Barker, Berry, Clark, Davison, Eckhardt, Ellerby, L Foster, Glover, O’Sullivan, K Vickers, P Vickers and Wells.
The committee met at Pittwood House, Scunthorpe.
887 DECLARATIONS OF 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
|Councillor Armitage||890||Licence holder|
|Councillor Davison||890||Member of family is a Licence holder|
888 MINUTES – Resolved – That the minutes of the proceedings of this committee held on 14 September 2010, having been printed and circulated amongst the members, be taken as read and correctly recorded and signed by the chair.
889 SUB-COMMITTEE PROCEEDINGS – Resolved – That the minutes of the meetings of the Licensing (Activities) Sub-Committee held on 26 August and 7 September 2010 be received.
890 (10) LICENSING ACT 2003 – REVIEW OF LICENSING POLICY – The Service Director Neighbourhood and Environment submitted a report to inform the committee that the Licensing Policy had been reviewed in accordance with Section 5 of the Licensing Act 2003.
The current Licensing Policy was approved by this committee in November 2007 and then the Council in January 2008. In accordance with Section 5 of the Licensing Act 2003, there was a requirement for the policy to be reviewed every three years. The report confirmed that the revised policy must be agreed by council in January 2011. The Act stipulated that in reviewing the policy, the council must consult the police, fire and rescue service, licence holders, persons representing licence holders and other businesses or persons deemed suitable.
The consultation on the policy started in July 2010 and closed on 15 October 2010, one response was received, which was appended to the report.
The revised draft policy was attached as Appendix A to the report, while a copy of the revised Cumulative Impact Policy was attached as Appendix B. This took into account new regulations that had come into force over the last three years and any points raised through the consultation process.
Recommended to Council – (a) That the initial proposed changes and further suggested change made by the Licensing Committee be included in the policy document, and (b) that the policy document be approved and adopted.
891 (11) LICENSING POLICY – HACKNEY CARRIAGE AND PRIVATE HIRE – The Service Director Neighbourhood and Environment submitted a report seeking approval of the draft Hackney Carriage and Private Hire Licensing Policy, following consultation, which was appended to the report.
The report identified that 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. These Licenses were issued in accordance with the Town Police Clauses Act 1847 and the Local Government (Miscellaneous Provisions) Act 1976. There was no legal requirement for the policy, however due to the increase in consultation being carried out in relation 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.
Consultation had taken place with the Hackney Carriage and Private Hire Trade, which included holding a working group. There were a number of changes to the Hackney Carriage and Private Hire Policy, which had been agreed during the consultation.
Particular focus was given to the changes suggested to the Disabled Access section which outlined the need to make public transport more affordable for all and in accordance with the requirements of the Disability Discrimination Act 1995, and that all newly licensed Hackney Carriage Vehicles should be adapted to carry a passenger in a wheelchair. To comply with this it was explained that each vehicle would be subjected to either a Voluntary Single Vehicle Approval (VSVA), or Individual Vehicle Approval (IVA) where it had been adapted post registration.
The new government legislation would not come into effect however until 2011, and the Service Director Neighbourhood and Environment asked the committee to consider whether this should be implemented immediately or once legislation had been finally approved.
The Chair requested that legal advice be sought on the liability of the council, should the decision be taken to delay the implementation of this until 2011.
Resolved – (a) That the Service Director Neighbourhood and Environment seek clarification on the liability of the council in relation to the implementation of the timing of the legislation, in consultation with the Chair of the Licensing Committee, and (b) that the necessary amendments are made to the draft policy in consultation with the Service Director Democratic Services.
Recommended to Council – (a) That the initial proposed changes and further suggested changes made by the Licensing Committee, subject to the above resolution, be included in the policy document, and (b) that the policy document be approved and adopted.
892 APPEALS SUBMITTED TO THE MAGISTATES COURT – The Service Director Legal and Democratic reported orally that since the last meeting of the committee on 14 September, one decision of the Licensing (Activities) Sub Committee (minute 869 refers) had been appealed to the Magistrates Court. The appeal had been scheduled to be heard on 5 October 2010, however the appeal had been adjourned by the defendant, and was now scheduled for a rehearing on 24 November 2010.
Resolved – That the position be noted.