Licensing Committee (Special Meeting) – 21 June 2012

Chair:  Councillor K Vickers
Venue:  Function Room 1, Civic Centre, Ashby Road, Scunthorpe
Time:  10 am
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.  Gambling Act 2005 – Review of the Statement of Principles.

4.  Licensing Policy – Hackney Carriage and Private Hire.

5.  Licensing Act 2003 – Review of Licensing Policy.

6. Any other items which the Chairman decides are urgent by reason of special circumstances which must be specified.

Note: Reports are by Director of Places unless otherwise stated.

MINUTES

PRESENT:  Councillor K Vickers in the chair.

  Councillors Ali, Armitage, Mrs Bromby, Bunyan, Carlile, Clark, Eckhardt, Ellerby, T Foster, Glover, Jawaid MBE, Oldfield, Wells, and Whiteley.

The committee met at the Civic Centre, Scunthorpe.

1009  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

Nature of Interest

Councillor Ali
Councillor Armitage
Councillor Jawaid
Councillor Oldfield
1011
1012
1012
1012
Hackney Carriage Licence holder
Licence holder
Member of family is a Licence holder
Licence holder

1010  (2) GAMBLING ACT 2005 – REVIEW OF THE STATEMENT OF   PRINCIPLES – The Director of Places submitted a report seeking approval to commence the consultation process for the review of the ‘Gambling- Statement of Principles’.

The report explained that in accordance with Section 349 of the Gambling Act 2005 there was a requirement to review the statement of principles every three years. The revised statement would be presented to the Licensing Committee prior to consideration and approval by the Council by January 2013.

The Act stipulated that in reviewing the policy, the police, fire and rescue service, licence holders, persons representing licence holders and other businesses or persons as deemed suitable must be consulted.  Furthermore, the Gambling Act 2005 (Licensing Authority Policy Statement) (England and Wales) Regulations 2006 specified a number of matters which must be included in the statement, including the description of the area and a list of consultees.

A copy of the current Statement of Principles was attached as Appendix A to the report.

The Director of Places responded to members’ questions.

Resolved – (a) That the Statement of Principles attached as an appendix to the report be reviewed in accordance with statutory requirements, and (b) that the commencement of the consultation process be approved.

1011  (3) LICENCING POLICY – HACKNEY CARRIAGE AND PRIVATE HIRE –  The Director of Places submitted a report presenting a revised draft of the Hackney Carriage and Private Hire Licensing Policy following changes to procedures, which needed to be reflected in the policy. A copy of the draft policy was attached in appendix A, which would also need to be considered and approved by the Council.

The report explained 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 Licences 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 it was considered good practice that such a policy was implemented.

The current policy was previously approved in January 2011.  Since this approval, there have been a number of procedural changes.  The changes outlined in the report related to the move to a three year licences for Hackney Carriage and Private Hire Vehicle Drivers Licences, and procedural changes to the testing of Hackney Carriage and Private Hire Vehicles.  Both of these changes had been approved following consultation with the Taxi trade.

The Director of Places responded to members’ questions.

Recommended to Council – That the Hackney Carriage and Private Hire Licensing Policy be approved and adopted.

1012   (4) LICENSING ACT 2003 – REVIEW OF STATEMENT OF LICENSING POLICY – The Director of Places submitted a report seeking approval to commence the consultation process for the review of the council’s ‘Statement of Licensing Policy’. Following consultation, the revised statement of policy would be presented to the Licensing Committee prior to consideration and approval by the Council.

The report explained that the review of the ‘Statement of Licensing Policy’ had occurred due to changes to the Licensing Act 2003, brought about through the recent commencement of sections of the Police Reform and Social Responsibility Act 2011. Fifteen changes and their impact upon the policy were summarised in the report.

The Director in his report stated 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. A copy of the draft revised ‘Statement of Licensing Policy’ was attached as an appendix to the report.

Resolved – (a) That the draft ‘Statement of Licensing Policy’ with the addition of ‘statutory’ before appropriate references to ‘fees’ in paragraph 19, be reviewed in accordance with option 1, at paragraph 3.1 of the report, and (b) that the commencement of the consultation process be approved.