Licensing Committee – 13 July 2011

Chair: Councillor Clark
Venue: Function Room 1, Pittwood House, Ashby Road, Scunthorpe
Time: 10am

AGENDA

  1. Substitutions
  2. Declarations of personal or personal and prejudicial interests or significant contact with applicants, objectors or third parties (lobbying) if any
  3. To take the minutes of the meeting of this committee held on 15 March 2011, 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 –
    1. Licensing (Miscellaneous) Sub-Committee held on 17 February and 7 April, 2011
    2. Licensing (Activities) Sub-Committee held on 25 May 2011.
  5. To appoint a Licensing (Miscellaneous) Sub-Committee comprising five members of the Licensing Committee (three Conservative and two Labour members, names to be notified)
  6. 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)
  7. To note the Licensing Committee, Licensing (Miscellaneous)Sub-Committee and Licensing (Activities) Sub-Committee Terms of Reference
  8. Licensing Annual Report
  9. Local Government (Miscellaneous Provisions) Act 1976 and Town Police Clauses Act 1847 – Hackney Carriage Vehicle Drivers Licence- Knowledge Test Results
  10. Appeals submitted to the Magistrates’ Court (if any) – oral update by the Assistant Director Democratic and Legal
  11. Any other items which the chair decides are urgent by reason of special circumstances which must be specified.

MINUTES

PRESENT:  Councillor Clark in the chair. 

Councillors P Vickers (vice-chairman), Armitage, Mrs Bromby, Barkworth, Carlile, Davison, Eckhardt, Ellerby, T Foster, Glover, Jawaid MBE, O’Sullivan, K Vickers, and Wells.

Councillor Oldfield attended the meeting in accordance with the provisions of Procedure Rule 1.37 (b).

The committee met at Pittwood House, Scunthorpe.

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

Member Minute Number Nature of interest
Councillor Armitage 928 Licence holder
Councillor Davison 928 Daughter is a licence holder
Councillor Jawaid MBE 928 Member of family is a licence holder

 

922  MINUTES – Resolved – That the minutes of the proceedings of this committee held on 15 March 2011, having been printed and circulated amongst the members, be taken as read and correctly recorded and signed by the chairman.

 

923  SUB-COMMITTEE PROCEEDINGS – Resolved – That the minutes of the meeting of the Licensing (Miscellaneous) Sub-Committee held on 17 February and 7 April 2011 be received.

924  SUB-COMMITTEE PROCEEDINGS – Resolved – That the minutes of the meetings of the Licensing (Activities) Sub-Committee held on 25 May 2011 be received.

925  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 Clark, P Vickers and Wells) and two Labour members (Councillors Barkworth and Ellerby).

926  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)

927 (2) LICENSING COMMITTEE, LICENSING (MISCELLANEOUS) SUB-COMMITTEE AND LICENSING (ACTIVITIES) SUB-COMMITTEE TERMS OF REFERENCE – Resolved – That the terms of reference for the Licensing Committee, Licensing (Miscellaneous) Sub-Committee and Licensing (Activities) Sub-Committee be noted.

928  (3) LICENSING ANNUAL REPORT – The Director of Neighbourhood and Environmental Services submitted the Licensing Annual Report 2010/11 advising members of all licenses, registrations, permits and consents issued by the Licensing Authority between 1 April 2010 and 31 March 2011, which fell within the Licensing Committee’s and its sub-committees’ terms of reference. These were attached as appendix A of the report.

The annual report explained and included a comparison with the year 2007/08 identifying the number of licences issued before the start of the recession. This showed an increase in licences issued of eight pre cent, although much of this increase was from non-fee paying applications, which meant that there had not been the same increase in income over the same period.

Resolved – That the Licensing Annual Report 2010/11 be noted.

929 (4) LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 AND TOWN POLICE CLAUSES ACT 1847 – HACKNEY CARRIAGE VEHICLE CARRIAGE VEHICLE DRIVERS LICENCE – KNOWLEDGE TEST RESULTS –The Director of Neighbourhood and Environmental Services submitted a report on the results of hackney carriage vehicle drivers licence knowledge tests since its introduction in July 2009, and proposed the introduction of a knowledge test for private hire vehicle drivers.

Statistics for the hackney carriage vehicle driver licence knowledge tests were set out in the report demonstrating that based upon pass rates, the test was reasonably balanced, neither too hard or too easy. The proposal to introduce a knowledge test for private hire drivers would include a ‘private hire legislation’ section and a ‘road craft’ section. The development of the test would be in consultation with interested parties, and following this a further report would be submitted to the committee for its consideration.

Resolved – (a) That the results of the knowledge test for hackney carriage vehicle drivers as outlined in paragraph 2.2 of the report be acknowledged; (b) that a knowledge test for private hire vehicle drivers be developed and consultation with interested parties be carried out, and (c) that a further report following the consultation be submitted to a future meeting.

930  APPEALS SUBMITTED TO THE MAGSTRATES COURT – The Assistant Director Democratic and Legal reported orally that since the last meeting of the committee on 15 March 2011, one decision of the Licensing (Miscellaneous) Sub Committee (minute 916 refers, application to review a hackney carriage/private hire vehicle drivers licence – Mr D Cochrane) had been appealed to the Magistrates Court. Following submission of additional evidence by the applicant the appeal was upheld.

Resolved – That the report be noted.