Licensing Committee – 18 June 2015

Chairman:  Councillor K Vickers
Venue:  Function Room 1, Civic Centre, Ashby Road, Scunthorpe
Time:  10 am

AGENDA

1.  Substitutions.

2.  Declarations of disclosable pecuniary interests and personal or personal and prejudicial interests, and significant contact with applicants, objectors or third parties (lobbying), if any.

3.  To take the minutes of the meeting of this committee held on 18 September 2014, 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 9 October and 11 December 2014, and 15 January and 16 April 2015

(ii)  Licensing (Activities) Sub-Committee held on 18 November, 24 November, 26 November and 3 December 2014, and 19 January, 17 March and 30 March 2015 (copy enclosed).

5.  To note the scheduled dates and times of the Licensing Committee as follows –

Thursday 17 September 2015 at 10.00 am
Thursday 19 November 2015 at 10.00 am
Thursday 28 January 2016 at 10.00 am
Thursday 17 March 2016 at 10.00 am

6.  To note the scheduled dates and times of the Licensing (Miscellaneous) Sub Committee as follows –

Thursday 9 July 2015 at 10.00 am
Thursday 1 October 2015 at 10.00 am
Thursday 29 October 2015 at 10.00 am
Thursday 10 December 2015 at 10.00 am
Thursday 14 January 2016 at 10.00 am
Thursday 18 February 2016 at 10.00 am
Thursday 21 April 2016 at 10.00 am

7.  To appoint a Licensing (Miscellaneous) Sub-Committee comprising five members of the Licensing Committee (three Conservative and two Labour members) Councillors K Vickers (Chairman), P Vickers (Vice-Chairman), Armitage, Clark and Grant.

8.  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)

9.  Deregulation Act 2015 – Impact of the Act on the Licensing Function

10.  Pre-Application Advice Service – Localism Act 2011 and Relevant Licensing Legislation

11.  Gambling Act 2005 – Review of Statement of Principles

12.  Gambling Act 2005 – Gaming Machine Permits

13.  Local Government (Miscellaneous Provisions) Act 1982 – Street Trading Licences

14.  Licensing Policy – Hackney Carriage and Private Hire

15.  Hackney Carriage and Private Hire Licensing Policy – Penalty Points Scheme Appeal Fee

16.  Licensing Procedure at Meetings

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

MINUTES

PRESENT: –  Councillor K Vickers in the chair.

Councillors P Vickers (vice-chairman), Allcock, Armitage, Clark, Ellerby, Glover, Mumby-Croft, Oldfield, O’Sullivan, Perry, Poole, Waltham, Wells and Wilson.

The committee met at Civic Centre, Scunthorpe.

1231   CHAIRMAN’S REMARKS – The chairman welcomed all members present, especially new members of the committee, to its first meeting in the 2015/16 council year.

1232   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 –

Member

Nature of Interest

Councillor Armitage Personal Licence holder
Councillor Oldfield Personal Licence holder
Councillor Poole Personal Licence holder

 

1233   MINUTES – Resolved – That the minutes of the proceedings of thiscommittee held on 18 September 2014, having been printed and circulated amongst the members, be taken as read and correctly recorded and signed by the chairman, subject to the amendment of Minute 1187.

1234   SUB-COMMITTEE PROCEEDINGSResolved – That the minutes of the meeting of the Licensing (Miscellaneous) Sub-Committee held on 9 October and 11 December 2014, and 15 January and 16 April 2015 be received.

1235   SUB-COMMITTEE PROCEEDINGSResolved – That the minutes of the meeting of the Licensing (Activities) Sub-Committee held on 18 November, 24 November,   26 November and 3 December 2014, and 19 January, 17 March and 30 March 2015 be received.

1236   DATES AND TIMES OF MEETINGS – Resolved – That the dates and times of future meetings of the Licensing Committee be held at 10:00 am on –

Thursday 17 September 2015 Thursday 19 November 2015 Thursday 28 January 2016 Thursday 17 March 2016

1237   DATES AND TIMES OF MEETINGS – Resolved – That the dates and times of future meetings of the Licensing (Miscellaneous) Sub-Committee be held at 10:00am on –

Thursday 9 July 2015 at 10.00 am Thursday 1 October 2015 at 10.00 am Thursday 29 October 2015 at 10.00 am Thursday 10 December 2015 at 10.00 am Thursday 14 January 2016 at 10.00 am Thursday 18 February 2016 at 10.00 am Thursday 21 April 2016 at 10.00 am

1238   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 K Vickers (chairman), P Vickers (vice-chairman), and Clark) and two Labour members (Councillors Armitage and Grant).

1239   TO APPOINT A LICENSING (ACTIVITIES) SUB-COMMITTEE Resolved -That a Licensing (Activities) SubCommittee 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).

1240  (2) DEREGULATION ACT 2015 – IMPACT OF THE ACT ON THE LICENSING FUNCTION – The Director of Places submitted a report that informed members of the Licensing Committee about the changes to the licensing function introduced in the Deregulation Act 2015.

The Deregulation Act 2015 received Royal Ascent on 26 March 2015.

The Act aimed to “make provision for the reduction of burdens resulting from legislation for businesses or other organisations or for individuals; make provision for the repeal of legislation which no longer has practical use; make provision about the exercise of regulatory functions; and for connected purposes”.

The Act covered a wide range of legislation.  It would impact on a number of licensable activities, which would include the Licensing Act 2003 and Taxis.

The changes were detailed in Table 1 of the report.

Resolved – That the report be noted.

1241   (3)  PRE-APPLICATION ADVICE SERVICE – LOCALISM ACT 2011 AND RELEVANT LICENSING LEGISLATION – The Director of Places submitted a report on the implementation of a pre-application assistance and advice service for businesses and persons applying for licences.

The report referred to various sections of the Localism Act, which introduced to the local authority a “general power of competence”.  This gave the local authority the legal power to do anything that an individual may do, without certain parameters.

The report stated the numerous licensable activities that the council’s Licensing section delivered.  Applications under the Licensing Act 2003 were complex and more often than not, were rejected as the applicant had failed to adhere to the application process.

It was apparent that due to the complexity involved in the processes, applicants do not necessarily have the expertise to complete the application form or to ensure that they meet the standards required.  As a result applicants can either apply through a solicitor, incurring additional expense, or run the risk of their application being rejected or refused.

It was proposed to introduce a pre-application advice service.  The service would assist the applicant in following advice and guidance relating to the completing of the application form and other statutory requirements.  It was felt that this service would benefit both the applicant and the council.

The report identified that the Localism Act allowed the local authority to charge a fee to cover the costs of delivering a pre-application advice service.  The fee charged must be set to cover the cost of delivering the service.  The costs of providing assistance and advice for each type of application were identified in the report.

Resolved – (a) That in principle, the pre-application advice scheme be approved in accordance with Appendix 1 of the report, with the fees set in accordance with paragraph 2.11, and (b) that the Cabinet Member for Neighbourhoods be asked to consider the implementation of the scheme.

(Councillor Poole wished to have recorded that he abstained from voting on this item).

1242   (4)  GAMBLING ACT 2005 – REVIEW OF THE STATEMENT OF PRINCIPLES – The Director of Places submitted a report which sought approval to review the Statement of Principles in accordance with Section 349 of the Gambling Act 2005.

The Statement of Principles was initially approved by the Licensing Committee in 2006, and subsequently reviewed in 2009 and 2012/13.  In accordance with Section 349 of the Gambling Act 2005, there was a requirement for the Statement of Principles to be reviewed every three years.  The revised statement must be agreed by Council prior to January 2016.

Resolved – (a) That the Statement of Principles be reviewed in accordance with statutory requirement, and (b) that the start of the consultation process be approved.

1243   (5)  GAMBLING ACT 2005 – GAMING MACHINE PERMITS – The Director of Places submitted a report which proposed a change to the current scheme of delegation when determining applications for gaming machine permits in premises licensed to sell alcohol.

Where a premises was licensed to sell alcohol under the Licensing Act 2003, they were entitled to provide certain gaming machines.  A premises licence holder can provide a notification that they wish to provide two machines, or they can apply for a permit to provide more than two machines.  In accordance with the council’s Statement of Principles an application for five or more machines must be referred to the Licensing (Activities) Sub-Committee for consideration.

Experience had shown that having a specified numerical limit on how applications are determined can be problematic.  Allowing three or four gaming machines in small premises where no more than two are suitable could be an issue, while in contrast allowing five or six in a larger premises might not cause an issue.  Therefore, it was proposed that the scheme of delegation be changed to allow the Licensing Manager or Licensing and Mediation Officer in his absence to consider if the number of machines is suitable for the size and layout of the premises.  Where there was a doubt, then the application would be referred to the Licensing (Activities) Sub-Committee for determination.

Recommended to Council – That the scheme of delegation be amended to allow the Licensing Manager and the Licensing and Mediation Officer in his absence, in consultation with the Chairman of the Licensing Committee, to determine applications which are deemed to be suitable and refer those where there was any doubt to the Licensing (Activities) Sub-Committee.

1244   (6)  LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982 – STREET TRADING LICENCES – The Director of Places submitted a report seeking a change to the current scheme of delegation when determining applications for Street Trading Licenses.

Street Trading is controlled in accordance with the provisions contained in Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982.  The legislation is adoptive and allows for streets to be designated as either “licence streets” or “consent streets”.

All of the streets within North Lincolnshire had been designated as either consent streets or licence streets.  The licence streets were in the pedestrianised areas.  These streets were identified in Appendix A of the Street Trading, Activities and Collections Policy.  A copy of this policy was attached to the report.

The current scheme of delegation for a street trading licence specified that all applications must be determined by the Licensing (Miscellaneous) Sub-Committee.

It was proposed to change this delegation to allow the Licensing Manager, or the Head of Trading Standards and Licensing in his absence, to determine non-contentious applications and applications for the renewal of street trading licences. Where there was a doubt about the suitability of an application or an objection against a street trading licence application, then it would still be referred to the Licensing (Miscellaneous) Sub-Committee for determination.

Recommended to Council – That the scheme of delegation be amended to state that where non-contentious applications were received then they be determined by the Licensing Manager or the Head of Trading Standards and Licensing, in consultation with the Chairman of the Licensing Committee.  Any application where an objection was received or where there was a doubt about the suitability of the location or goods to be traded would still be referred to the Licensing (Miscellaneous) Committee for determination.

1245   (7)  LICENSING POLICY – HACKNEY CARRIAGE AND PRIVATE HIRE – The Director of Places submitted a report seeking the introduction of a requirement for all hackney carriage and private hire drivers to undertake Child Sexual Exploitation awareness training.

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 vehicles, drivers and operators.

The licences were issued in accordance with the Town Police Clauses Act 1847 and the Local Government (Miscellaneous Provisions) Act 1976.

In accordance with the legislation, before a licence may be issued the Council must be satisfied that the applicant was a “fit and proper person”.  In order to determine if a person was fit and proper, the applicant currently had to pass a knowledge test, have a medical, have a disclosure of their criminal record, and produce their DVLA licence. None of the requirements used to determine if a driver was a “fit and proper” person were statutory.  The proposed Child Sexual Exploitation training would be added to the requirements for obtaining a licence.

It was proposed that all new applicants and all drivers applying to renew their licence would attend a training session to raise awareness of the issue.

The training for licensed drivers would be carried out before their licence was renewed.  Conducting the training in this way would mean that it would take a number of years to train the drivers, however this should be accomplished using current resources.

The need to train Hackney Carriage and Private Hire Drivers was supported in the Casey and Jay Reports which looked into Licensing issues at Rotherham MBC.

The training would be developed with North Lincolnshire Council’s People directorate.  Following the training, a certificate of attendance would be issued to all drivers.

Resolved – (a) That all new applicants and applicants to renew their drivers licence be required to have Child Sexual Exploitation training as part of the requirement to obtain a licence, and (b) that drivers be provided with the option of attending refresher training every two years.

1246   (8)  HACKNEY CARRIAGE AND PROVATE HIRE LICENSING POLICY – PENALTY POINTS SCHEME APPEAL FEE – The Director of Places submitted a report seeking approval to introduce an administrative fee payable when drivers appeal against the penalty points imposed on the licence.

The Penalty Points Scheme was introduced with the revised Hackney Carriage and Private Hire Licensing Policy in September 2014.  The aim of the scheme was to introduce a cost effective method of dealing with drivers, proprietors and operators who have committed an offence or breached their licence conditions.

The scheme allowed a driver, proprietor or operator to appeal the imposition of penalty points where they consider that the Licensing Officer was wrong to impose them.  The Licensing (Miscellaneous) Sub-Committee may then overturn the decision.

Each appeal to the Licensing (Miscellaneous) Sub-Committee was costly.  The Licensing Officer must gather all the evidence to be presented before the sub-committee and prepare and deliver the report.  This work took a number of hours.  At the hearing, five members are in attendance with representation from Legal and Democratic Services.

It was proposed to charge a fee for each appeal.  Should the appeal be successful, then it was proposed that the appeal fee would be refunded to the driver.

It was anticipated that the introduction of a fee would discourage frivolous appeals and help to ensure only genuine issues were referred to the Sub-committee for their consideration.

Appeals to the Magistrates Court require a fee to be paid.  For an appeal under the Licensing Act 2003 a fee of £410.00 is payable while a fee of £205.00 is payable in other cases.  These fees were non-refundable.

Resolved – (a) That an administrative fee of £200 be charged for each appeal, refundable should the appeal be upheld, be approved subject to consultation, and (b) that the fee be reviewed in 12 months’ time.

1247   (9)  LICENSING PROCEDURE AT MEETINGS – The Director of Policy and Resources circulated a report that requested the introduction of a procedure to be used at meetings of the Licensing (Miscellaneous) Sub Committee when considering appeals submitted by Hackney Carriage and Private Hire drivers against the imposition of penalty points by the council on the individuals licence.

The Licensing Committee, at its meeting on 18 September 2014, formally approved the revised Hackney Carriage and Private Hire Licensing Policy.  Amongst the changes approved, was the introduction of a penalty points scheme for drivers.  The aim of the scheme was to introduce a cost effective method of dealing with drivers, proprietors and operators who have committed an offence or breached their licence conditions.

Depending on the seriousness of the offence or breach, drivers are normally given a warning.

However, where the Licensing Authority had deemed than an offence required the imposition of points on the drivers licence, the scheme allowed a driver, proprietor or operator to appeal the imposition of penalty points where they consider that the Officer was wrong to impose them.

Upon the receipt of an appeal, the Licensing (Miscellaneous) Sub-Committee would be convened to hear the appeal.

However, no procedure was currently in place that would allow the sub-committee to consider an appeal.

This procedure was attached as an appendix to the report.

Resolved – That the council’s licensing procedure contained with Appendix 1 of the report be approved and adopted, and be used at relevant meetings with immediate effect, subject to the deletion of points 5 and 8.