Licensing Committee – 7 November 2013
Chairman: Councillor K Vickers
Venue: Function Room 1, Civic Centre, Ashby Road, Scunthorpe
Time: 10 am
2. Declarations of Disclosable Pecuniary Interests, 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 September 2013, 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 –
(i) Licensing (Miscellaneous) Sub-Committee held on 12 September 2013 (Special Meeting).
(ii) Licensing (Activities) Sub-Committee held on 24 September 2013.
5. Scrap Metal Dealers Act 2013.
6. Sex Establishment Licensing Fees and Provisions of Service Regulations 2009.
7. Local Government (Miscellaneous Provisions) Act 1976 and The Public Health Act 1925 – Adoption of the Hackney Carriage Stand at Scunthorpe Railway Station.
8. 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.
PRESENT: Councillor K Vickers in the chair.
Councillors Wardle (vice-chairman), Armitage, Barker, Carlile, Clark, Ellerby, T Foster, Kataria, Ogg, Robinson, Wells and Whiteley.
The committee met at Civic Centre, Scunthorpe.
1134 DECLARATIONS OF DISCLOSABLE PECUNIARY INTERESTS, PERSONAL OR PERSONAL AND PREJUDICIAL INTERESTS AND SIGNIFICANT CONTACT WITH APPLICANTS, OBJECTORS OR THIRD PARTIES (LOBBYING) – The following members declared a personal interest –
Nature of Interest
Hackney Carriage licence holder
1135 MINUTES – Resolved – That the minutes of the proceedings of this committee held on 12 September 2013 having been printed and circulated amongst the members, be taken as read and correctly recorded and signed by the chairman.
1136 SUB-COMMITTEE PROCEEDINGS – Resolved – That the minutes of the special meeting of the Licensing (Miscellaneous) Sub-Committee held on 12 September 2013 be received.
1137 SUB-COMMITTEE PROCEEDINGS – Resolved – That the minutes of the meetings of the Licensing (Activities) Sub-Committee held on 24 September 2013 be received.
1138 (16) SCRAP METAL DEALERS ACT, 2013 – Further to minute 1122, the Director of Places submitted a report presenting the council’s draft policy on ‘Scrap Metal Dealers’ following the introduction of the Scrap Metal Dealers Act 2013. The new Act repealed the Scrap Metal Dealers Act 1964 (and associated legislation) and Part 1 of Vehicles (Crime) Act 2001, creating a revised regulatory and combined regime for scrap metal recycling and vehicle dismantling industries.
The report explained that there was no statutory obligation for the council to have a policy in relation to scrap metal, however, in order to determine applications a consistent approach was needed. This policy would enable such an approach to be adopted, albeit that each application would need to be determined on its own merits. A copy of the draft policy was attached as appendix A of the report, and subject to agreement by the committee would be made available for consultation with interested parties.
Resolved – That the draft policy, with the amendments suggested by the committee, be approved and made available for consultation with interested parties.
1139 (17) SEX ESTABLISHMENT LICENSING FEES AND PROVISIONS OF SERVICE REGULATIONS 2009 – The Director of Places submitted a report reviewing the licence fee for sex establishment licensing in light of current legislation and case law.
The report explained that the licensing function was a statutory service delivered in accordance with various acts of parliament. The legislation governing sex establishments was the Local Government (Miscellaneous Provisions) Act 1982. Also, when setting the fees for licensable activities, the Provisions of Service Regulations 2009 must be taken into account.
The proposed revised fees were based on the time each application had taken to process and the cost of the licensing function. The revised fees following the review were attached as Appendix A of the report. The review of the fees would allow the fees and charges to be defended robustly against any legal challenge, but they would result in a reduction in income of £1200 from the licensing function. The council however, would be compliant with current legislation and case law and would make any review of licence fees in the future easier.
Resolved – (a) That the revised fees proposed in accordance with option 2 of the report, and detailed in appendix A of the report, be approved, and (b) that the relevant income budget be reviewed to ensure targets are in line with expected levels and not in excess of anticipated costs.
1140 (18) LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 AND THE PUBLIC HEALTH ACT 1925 – ADOPTION OF THE HACKNEY CARRIAGE STAND AT SCUNTHORPE RAILWAY STATION – The Director of Places submitted a report which considered the adoption of the hackney carriage stand at Scunthorpe Railway Station in accordance with Section 63 of the Local Government (Miscellaneous Provisions) Act 1976, subject to considerations under section 76.
The report explained that currently, the stand on the forecourt of the Railway Station had not been adopted formally. As a result, should an offence be committed under this legislation, then no enforcement action could be taken.
The director in his report proposed to rectify this situation by adopting the stand under section 63 of the Local Government (Miscellaneous Provisions) Act 1976. Also, in accordance with section 76 of the Public Health Act 1925, the council would notify the land owner of the intention to adopt the rank, otherwise it would have to seek permission from the land owner.
Resolved – That subject to the provisions of the above relevant legislation, the adoption of the hackney carriage stand on the forecourt of Scunthorpe Railway Station be approved.