Licensing Committee (Special Meeting) – 24 April 2012

Chair:  Councillor Clark
Venue:  Function Room 1, The Civic Centre, Ashby Road, Scunthorpe
Time:  10 am


1.  Substitutions.

2.  Declarations of Personal or Personal and Prejudicial Interests or Significant Contact with Applicants, Objectors or Third Parties (lobbying) if any.

3.  Local Government (Miscellaneous Provisions) Act 1976 and Town Police Clauses Act 1847 – Hackney Carriage and Private Hire Vehicle Licence Fees and Process.

4.  Local Government (Miscellaneous Provisions) Act 1982 – Draft Street Trading and Collections Policy.

5.  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.


PRESENT:  Councillor Clark in the chair.
Councillors P Vickers (vice-chairman), Allcock, Armitage, Carlile, Eckhardt, Ellerby, T Foster, Glover, Oldfield, O’Sullivan, K Vickers, Wells, and Whiteley.The committee met at the Civic Centre, Scunthorpe.



Nature of Interest

Councillor Armitage Licence holder
Councillor Oldfield Licence holder

992  (25) LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 AND TOWN POLICE CLAUSES ACT 1847 – HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE LICENCE FEES AND PROCESS – The Director of Neighbourhood and Environmental Services submitted a report proposing a review of the licence fee for Hackney Carriage and Private Hire Vehicle Licences as a result of changes to the way in which applications were processed.

The report explained that Section 47 and 48 of the Local Government (Miscellaneous Provisions) Act 1976 stated that both Hackney Carriage and Private Hire Vehicle Drivers Licences shall be suitable in design and appearance and that vehicles should be fit, safe and comfortable for their intended use. In order to determine that a vehicle was fit, safe and comfortable, vehicles were tested and inspected.  The test for the vehicle was carried out by the Council’s Fleet Services and inspected by the Licensing Team.  Following the test and inspection a Certificate of Compliance was issued.  The fee for the test and inspection was taken by the Licensing Team, who control the booking and administrative process.

It was now proposed to change the booking and administrative process, splitting the test from the inspection. Instead of licensing staff booking all tests, proprietors would book directly with and pay Fleet Services. Once tested, the proprietor would produce the complete Certificate of Compliance to the Licensing Team with the payment for the licence. The revised process would result in a more efficient process and provide more flexibility for both the proprietors and Fleet Services.

The Director in his report also stated that as a result of the change in process, it was proposed to split the licence fee from the test fee.  As a result, all the fees for hackney carriage and private hire vehicles would be reduced by £40.00, the cost charged to the Licensing Team for each test.  The revised fees were identified in paragraph 2.6 of the report.

Resolved – That option 2 at paragraph 3.2 of the report be approved, so changing the fees to enable the revised process as set out in the report to be implemented.

993  (26) LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982 – DRAFT STREET TRADING AND COLLECTIONS POLICY – Further to minute 985, the Director of Neighbourhood and Environmental Services submitted a report presenting a revised draft Street Trading and Collections policy for consideration, and to commence consultation with interested parties on its content prior to final approval by the committee at a future meeting.

The Director in his report explained that Street Trading was regulated in accordance with Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982.  This schedule was adopted by North Lincolnshire Council with effect from 16 January 1998. In accordance with Schedule 4, streets could be designated as either consent streets, licence streets or prohibited streets.  On 7 March 2012 the whole area was designated as “Consent Streets” other than a number of streets which were designated as “Licence Streets” with effect from 1 May 2012.  The “Licence Streets” were identified in Appendix A of the draft Street Trading and Collections Policy appended to the report.

A revised draft licensing policy had been prepared covering street trading, street collections, direct debit collections, house to house collections and other miscellaneous activities.  The revised policy included the re-designation of streets. The revised policy set out how the council would deal with applications for street trading consents and licences.  In addition, when dealing with street trading licences, the legislation allowed for principal terms to be added to the licence.  Again the policy determined these terms.

Subject to approval, consultation on the proposed revised draft policy would be carried out with for a maximum of 13 weeks and would include a working group with interested parties.

A copy of the draft policy is attached as Appendix A to this report.

Resolved – That the draft Street Trading and Collections policy be approved for formal consultation as set out at paragraph 2.5 of the report.