Licensing Committee – 15 March 2012

Chair:  Councillor Clark

Venue:  Function Room 1, Civic Centre, 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 12 January 2012,as a correct record and authorise the Chairman to sign.
  4. Sub-Committee Proceedings – To receive and where necessary confirm the minutes of the meetings of the following sub-committees

(i)  Licensing (Miscellaneous) Sub-Committee held on 16 February 2012. (ii)  Licensing (Activities) Sub-Committee held on 18 January and 7 February 2012.

  1. Local Government (Miscellaneous Provisions) Act 1982 – Street Trading.
  2. The Marriage Act 1949, Civil Partnership Act 2004, The Marriages and Civil Partnerships (Approved Premises) Regulations 2005 and the Marriages and Civil Partnerships (Approved Premises) (Amendment) Regulations 2011.
  3. Appeals submitted to the Magistrates Court (if any) – oral update by the Assistant Director Democratic and Legal.
  4. Any other items which the Chairman decides are urgent by reason of special circumstances which must be specified.

Note:  Reports are by Director of Neighbourhood and Environmental Services unless otherwise stated

MINUTES

PRESENT:  Councillor Clark in the chair.

Councillors P Vickers (vice-chairman), Allcock, Armitage, Carlile, Eckhardt, Ellerby, T Foster, Glover, Grant, Oldfield, O’Sullivan, K Vickers, Wells, and Whiteley.

Councillor Collinson attended the meeting under the provisions of Procedure Rule 1.37b.

The committee met at the Civic Centre, Scunthorpe.

981  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 Licence holder
Councillor  Glover 979 Treasurer of Broughton Church
Councillor Oldfield Licence holder

982  MINUTES – Resolved – That the minutes of the proceedings of this committee held on 12 January 2012, having been printed and circulated  amongst the members, be taken as read and correctly recorded and signed by the chairman.

983 SUB-COMMITTEE PROCEEDINGSResolved – That the minutes of themeeting of the Licensing (Miscellaneous) Sub-Committee held on 16 February 2011 be received.

984  SUB-COMMITTEE PROCEEDINGSResolved – That the minutes of themeeting of the Licensing (Activities) Sub-Committee held on 18 and 7 February 2011 be received.

985  (22) LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982 – STREET TRADING – Further to minute 956 and Council Decision Record C/4/11, the Director of Neighbourhood and Environmental Services submitted a report which set out proposals to change the designation of a number of streets in North Lincolnshire. It was proposed that all streets be designated as “Consent Streets” other than the streets identified in the following table, which would be designated as “Licence Streets”.

Street Name Comment
Belgrave Square, Scunthorpe From the junction of High Street to the junction of Chapel Street
Bridge Street, Brigg From the junction of Ancholme Way to the Market Place
Bus Station, Scunthorpe The entire area
Carlton Street, Scunthorpe North from the junction of Lindum Street
Church Square,Scunthorpe The entire area
Cole Street, Scunthorpe From the junction of High Street to the junction of Mary Street
Cross Street, Scunthorpe The entire length
Doncaster Road, Scunthorpe From the junction of Oswald Road and Frodingham Road to the junction of Gervase Street
Fenton Street/Manly Street,

Scunthorpe

From the junction of Cole Street, through Manley Street to the junction of Lindum Street
Frodingham Road, Scunthorpe From the junction of Doncaster Road and the High Street to the junction of Parkinson Avenue
Gilliatt Street, Scunthorpe From the junction of High Street to the junction of Chapel Street
High Street, Scunthorpe From the junction of Brigg Road to the junction of Oswald Road and Frodingham Road
Home Street, Scunthorpe From the junction of High Street to the junction of Cross Street
Jubilee Way/ John Street,

Scunthorpe

The entire length
Market Hill, Scunthorpe From the junction of High Street to the junction of Chapel Street
Market Place, Brigg From bridge Street to the junction of Elwes Street
Market Square, Scunthorpe The entire area
Oswald Road, Scunthorpe From the junction of Doncaster Road and High Street to the junction of Mary Street
Ravendale Street North, Scunthorpe From the junction of High Street to the junction of Robert Street
Trafford Street, Scunthorpe From the junction of High Street to the junction of Cross Street
Wells Street, Scunthorpe From the junction of High Street to the junction of Chapel Street
Wrawby Street, Brigg From Market Place to the junction of  Cross Street

The report explained that the streets above were predominately located in the pedestrianised areas, including the area around Britannia Corner which was closed on Friday and Saturday nights. In line with legislation, a notice was published in a locally circulating newspaper and a copy of the notice was served on Humberside Police and the Highways Authority.  There were no representations received to the above proposal. If the committee was minded to recommend approval of the proposed re-designation of streets, further notice would have to be served with an implementation date of around the 1 May 2012. Similarly, the council’s Street Trading Policy would be amended to reflect this change.

Recommended to Council – That the above streets be re-designated as ‘Licence Streets’ in accordance with statutory requirements.

(The above minute was approved and adopted on behalf of council by Decision Record C/8/11 ).

986  (23) THE MARRIAGE ACT 1949, CIVIL PARTNERSHIP ACT 2004, THE MARRIAGES AND CIVIL PARTNERSHIPS (APPROVED PREMISES) REGULATIONS 2005 & THE MARRIAGES AND CIVIL PARTNERSHIPS (APPROVED PREMISES) (AMENDMENT) REGULATIONS 2011 – The Director of Neighbourhood and Environmental Services submitted a report informing the committee of the introduction of the Marriages and Civil Partnerships (Approved Premises) (Amendment) Regulations 2011 and the changes that these regulations  brought about. The report also suggested options for fees for approved premises following the introduction of the above regulations.

The report explained that the Marriages and Civil Partnerships (Approved  Premises) Regulations 2005 set out the process whereby marriages and civil partnerships could be carried out at premises other than at religious places of worship. The 2011 Regulations amended the Marriages and Civil Partnerships (Approved Premises) Regulation 2005 as follows:

  • Added religious premises to the list of premises that may be approved to carry out civil partnerships.
  • Changed the method by which applications needed to be advertised from advertising in a locally circulating newspaper to either advertising in the paper or on the council’s website.
  • Allowing for a licence to be issued for a period of three years or more at the council’s discretion.

The 2005 regulations allowed premises on application to perform marriages and civil partnerships.  The licence was issued for a period of three years and each application was advertised in the Scunthorpe Telegraph.  Prior to the 2011 regulations, religious premises could not apply to perform civil partnerships.  Upon receipt of an application for such a premises, the council needed now to inspect only where it was deemed to be appropriate, whereas there was a requirement to inspect non-religious premises.

The Director in his report also explained that changing the method of advertising applications from the locally circulating newspaper to the council’s website would have significant savings.  The cost of each advert was at least £200.  The reduction in cost should now be reflected in the application fee. Consequently, the current application fee for an approved marriages premises was £1640 for a three year licence.  Removing the cost of advertising, but allowing for a cost of living increase would result in a revised fee of £1475 for a three year licence for non-religious premises.  In the case of religious premises, as there was no requirement to inspect the premises, and as they were only licensed to perform civil partnerships under this legislation, it was proposed that the fee should be £600 for a three year period. Options for the above fees and length of licence were set out in paragraph 3 of the report.

In the case of both non-religious and religious premises, conditions were attached to the licence.  These conditions were set by the statutory orders of 2005 and 2011 respectively.

Resolved – (a) That the above legislative changes be noted, and (b) that Option 1 set out in paragraph 3 of the report in relation to the length of licence and fee, be approved and adopted.

987  APPEALS SUBMITTED TO THE MAGISTRATES COURT (IF ANY) – The Assistant Director Democratic and Legal reported orally 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 12 January 2012.
Resolved – That the position be noted.