Agenda and minutes

Licensing Committee - Thursday, 26th January, 2017 6.30 pm

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

Contact: Democratic Services  01775 764626

Items
No. Item

15.

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.

16.

Minutes pdf icon PDF 67 KB

To sign as a correct record the minutes of the meeting held on 18 October 2016 (copy enclosed).

Minutes:

The minutes of the meeting held on 18 October 2016 were signed as a correct record.

17.

Licensing Quarterly Update Report pdf icon PDF 58 KB

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

Minutes:

The Licensing and Business Support Manager introduced the quarterly performance report to the committee.  Councillors were advised that the report had been produced in the same format as last few meetings.

 

The Licensing and Business Support Manager advised that within the ‘other work’ section of the report, the Licensing team had been the focus of the council’s internal audit, as per the audit programme. They had looked at checks that the team had undertaken and complaints against taxi drivers.  A draft report from audit had been received which had been positive.  The only feedback for improvement was in areas that had already been identified by the team to look at, those being the taxi policy and a review of fees.  An identified risk was that there was currently only one administrator looking after the database.  This was being addressed through training to enable knowledge to be shared.

 

AGREED:

 

That the report be noted.

18.

Immigration Act Update pdf icon PDF 66 KB

To update members of the Committee on the new Immigration Act 2016 and the impact on taxi licensing (report of the Executive Manager – People and Public Protection is enclosed).

Minutes:

The Licensing and Business Support Manager advised that at the moment the law only applied to the taxi trade.  Further information was expected on how to deal with licensed premises.  The team were now carrying out additional checks on driver and operator applications to establish the right to work in the UK.  This was straightforward for European and UK nationals but was complicated outside of that area. 

 

Documents were available in different languages and several checks had been carried out already.  If an applicant only had a limited time to work in UK then the licence would only be granted for that period of time.  Equipment had been purchased to assist in checking whether documents were legitimate. 

 

Advice would be sought from the Home Office should an individual be found to be working illegally.

 

There were currently no powers to make checks on individuals in licensed premises but if there were any concerns the team would go straight to the Secretary of State.

 

AGREED:

 

That the report be noted.

19.

Street Trading Policy Revision pdf icon PDF 53 KB

To approve changes to the Street Trading Policy and Fee Structure (report of the Executive Manager – People and Public Protection is enclosed).

Additional documents:

Minutes:

The Licensing and Business Support Manager introduced the report to seek approval for changes to the Street Trading Policy and Fee Structure.  The proposed changes had been marked in red in Appendix One which was attached to the report.

 

The following key points were raised:

·         The Licensing and Business Support Manager clarified that when an individual submitted an application for street trading consent there was a need to ensure that site was recognised;

·         Disclosure Scotland checks for ice cream vendors had been incorporated;

·         A small inflationary fee increase had been proposed;

·         Point 6.0 of the policy was queried in terms of whether enforcement action was being taken where mobile traders were operating outside of permitted hours in the vicinity of schools.  The Licensing and Business Support Manager advised that she would report back.

·         Point 3b – it was agreed to include a definition regarding fixed and mobile;

·         Two new fees had been introduced – a 48hr and a monthly fee. These were smaller pro-rata fees.  It was agreed that a definition was needed with regard to ‘Charitable purposes’;

·         Point 27 – clarification was provided on this point as it was due to Grandfather Rights;

·         Street Trading Fees: Ice Cream Vans - it was agreed to remove the word ‘seasonal’ and add a 3 monthly fee to the section.  The Licensing and Business Support Manager would then work out the figures and this would go out to consultation.

 

 

AGREED:

 

a)    That the proposed changes to the street trading policy and fee structure contained in Appendix A to the report be approved subject to removing the word ‘seasonal’ and the addition of a 3 monthly fee added;

 

b)    That any future consultation responses be considered by the Licensing Committee prior to any of the changes coming into force.

20.

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 no other items to discuss.