Agenda and draft minutes

Licensing Committee
Thursday, 14th July, 2016 6.30 pm

Venue: Meeting Room 1, Council Offices, Priory Road, Spalding

Contact: Shelley French  01775 764451

Items
No. Item

1.

Declarations of Interest

Where a Councillor has a Disclosable Pecuniary Interest the Councillor must declare the interest to the meeting and leave the room without participating in any discussion or making a statement on the item, except where a Councillor is permitted to remain ad a result of a grant of dispensation.

Minutes:

There were none.

2.

Minutes pdf icon PDF 59 KB

To sign as a correct record the minutes of the meeting held on 19 April 2016 (copy enclosed).

 

 

Minutes:

The minutes of the meeting held on 19 April 2016, were agreed as a correct record. 

 

Councillor M G Chandler referred to the minutes and queried whether any information was available in respect of the number of licences held.  The Licensing and Business Support Manager advised that she would be able to provide an update for the next meeting.

3.

Licensing Panel

The Licensing Panel currently comprises 3 members chosen from a pool comprising of all the Licensing Committee members, and each Panel is selected by the Executive Manager Governance on a rotational basis as and when required, but to include either the Chairman or Vice –Chairman of the Licensing Committee where reasonably possible.

 

The Licensing Panel has full executive powers:

 

·                Exercise all of the Council’s powers in relation to the grant, renewal, variation, cancellation or imposition of conditions upon any licence which is the responsibility of the Licensing Committee and where there are objections to the applications for such licences or where the suitability of the applicant of the premises are in doubt;

 

·                Hear and determine appeals in respect of licensing matters which are the responsibility of the Licensing Committee;

 

·                Consider and determine any appeals under the Council’s market letting condition; and

 

·                Consider and determine any appeals against the portfolio holder’s decision in respect of applications for discretionary rates for farmers that diversify.

 

Members are invited to consider:

 

1)        Whether the Panel should be re-established for the current municipal year; and

 

2)        Whether any amendment should be made to the composition or terms of reference of the Panel (any amendment will require Council approval as it will necessitate an amendment to the Constitution).

Minutes:

The Licensing Panel currently comprised 3 Councillors chosen from a pool comprising all of the Licensing Committee members, and each Panel was selected by the Executive Manager Governance on a rotational basis as and when required, but to include either the Chairman or Vice-Chairman of the Licensing Committee where reasonably possible.

 

Councillors were invited to consider (i) whether the Panel should be re-established for the current municipal year; and (ii) whether any amendment should be made to the terms of reference or composition of the Panel.

 

Councillor M G Chandler queried who the Executive Manager Governance was in respect of being able to allocate the Licensing Panels.  The Democratic Services Officer explained that the Democratic Services Team was responsible for allocating the Panels, in agreement within the Licensing Committee Chairman, on behalf of the Executive Manager Governance (Mark Stinson). 

 

DECISION:                                        

 

(a)    That the Licensing Panel be re-established for the current municipal year.

 

(b)    That no amendment be made to the composition or terms of reference of the Panel.

 

4.

Quarterly Performance Report pdf icon PDF 59 KB

To provide an update on activities relating to the work of the Licensing Team. (Report of the Executive Manager Public Protection is enclosed).

 

Minutes:

The Licensing and Business Support Manager was in attendance to provide the Licensing Committee with the Quarterly Performance Report. 

 

The Licensing Team were responsible for administering the statutory licensing framework, which govern businesses and regulated activities in South Holland. 

 

The Team carried out a wide range of interventions in order to ensure that licences and registrations were issued correctly and in accordance with legal provisions.  Officers are also involved in monitoring activity, which included; carrying out inspections, providing advice and carrying out investigations. 

 

The following update was provided to members:

 

Quarter 1: 1 April 2016 – 30 June 2016

 

 

Licence Type

Activity

Number in Q1

Animal Breeding Licence

New

3

House to House collection permits

New Application

Returns received

2

5

Street collection permit

New permit

5

Street Trading consent

New Application

Renewals

5

1

Zoo Licence

New/renewal application

1

Combined Hackney/Private Hire Driver licence

Renewal applications

Cancel/Surrender

New applications

Replacement licence

14

1

9

4

Hackney Carriage Licence

New applications

Renewals

Suspension

Suspension lifted

4

6

1

1

Private Hire Operator Licence

New application

Renewals

1

5

Private Hire Vehicle Licence

New applications

Renewals

Cancel/surrender

Transfer

Replacement licence

6

24

3

1

3

 

Inspection or Intervention

Number in Q4

Taxi Vehicle Inspections

 

48 (3 follow up, 8 new vehicles, 37 renewals)

Pet Shop Inspection

1

Zoo Licence inspection

1

Dangerous Wild Animals (DWA) Inspection

1

Other Work

Freedom of Information Act Requests (pet boarding, zoo licences, taxi drivers, riding establishments, sex establishments, dangerous wild animals)

6

Investigation of complaints including dog breeding and taxi driver

Supporting promotion of hate crime campaign and raising awareness of reporting for taxi drivers, with Lincs Community Safety Partnership

Regional licensing forum

                           Licensing Panels

Outcome

Taxi driver – 29 June 2016

New application (in relation to medical condition) 

Granted for 1 year with conditions

Taxi driver – 30 June 2016

 Renewal (in relation to driving convictions and failure to notify South Holland District Council)

Renewal granted

 

The Licensing and Business Support Manager drew attention to the information on Animal Breeding Licences and advised that the applications had not yet been granted, for which the system required amendment.  She also advised that the regulations were being reviewed and were expected to change in due course.  For example, with the addition of regulations regarding show dog breeding. 

 

Members noted that the Licensing Team would be reviewing the policy regarding Street Trading Consent Licences in due course. 

 

The Committee considered the report and the following questions were asked:

 

Animal Breeding Licences

 

·         How many litters can a dog have under an Animal Breeding Licence?

 

Further information would be provided following the meeting.

 

·         How many dogs could a person own privately, if not to breed from?

 

As many as they wanted, in line with animal welfare and RSPCA guidance.

 

·         How is the licence fee determined?

 

The licence fee was set at a fixed price per establishment.

 

Street Trading Consent Licences

 

·         If a licence was in place for an event being held, would Street Trading Consent Licence be required?

 

·         What  ...  view the full minutes text for item 4.

5.

Update on Immigration Act 2016 and Policing and Crime Bill

To advise on new legislation which will have implications for Taxi Licensing (members to note that this new legislation will also impact on the work of the Licensing Authority).

Minutes:

The Licensing and Business Support Manager was in attendance to provide the Committee with an update on the Immigration Act 2016 and the Policing and Crime Bill. 

 

Members noted that the Immigration Act had been passed which would undoubtedly have an affect on Taxi Licences and the Licensing Act 2003.  Updates to the regulations were expected in Spring 2017.  There would be a requirement to strengthen checks and processes in respect of supplying licences to immigrants that would have to prove their right to live and work in the UK. 

 

The Licensing and Business Support Manager pointed out that the Council already carried out checks in respect of the application process and therefore it was not expected that the new regulations would have a major impact to the Council. 

 

Members noted that licences  for driver were currently being issued on a three year basis, however it could be amended to a shorter period if required.  Offences and penalties in respect of immigration would also need to be taken into account before a licence could be granted.

 

The Licensing and Business Support Manager advised that the Licensing Team would be receiving additional support in respect of this new legislation from a colleague who worked for the Government. 

6.

Training

To advise on forthcoming training on Taxi Licensing which will take place on 13 October 2016.

 

Minutes:

Members noted that training had been scheduled in respect of Taxi Licensing, which would take place at 9.00am on Thursday 13 October 2016 at the South Holland District Council Offices.  The Chairman requested that all Licensing Committee members attend where possible. 

7.

Any other items which the Chairman decides are urgent.

 

 

NOTE:            No other business is permitted unless by reason of special circumstances, which shall be specified in the minutes, the Chairman is of the opinion that the item(s) should be considered as a matter of urgency. 

Minutes:

There were none.