Agenda and minutes

Licensing Regulatory Committee - Thursday, 6th January 2011 1.00 p.m.

Venue: Lancaster Town Hall

Contact: Tom Silvani, Democratic Services - telephone (01524) 582132 or email  tsilvani@lancaster.gov.uk 

Items
No. Item

68.

Minutes of the meeting held on 2 December 2010 (previously circulated)

Minutes:

The minutes of the meeting were signed by the Vice-Chairman as a correct record.

69.

Items of urgent business authorised by the Chairman

Minutes:

There were no items of urgent business.

70.

Declarations of Interest

Minutes:

There were no declarations of interest.

71.

Exempt Items:-

The Committee is recommended to pass the following recommendation in relation to the following items:

 

“That, in accordance with Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following items of business, on the ground that they could involve the possible disclosure of exempt information, as defined in paragraph 1 of Schedule 12A of that Act.”

 

Members are reminded that, whilst the following items have been marked as exempt, it is for the Committee itself to decide whether or not to consider them in private or in public.  In making the decision, Members should consider the relevant paragraph of Schedule 12A of the Local Government Act 1972, and should balance the interests of individuals, or the Committee itself, in having access to information.  In considering their discretion, Members should also be mindful of the advice of Council Officers.

Minutes:

In accordance with Section 100A(4) of the Local Government Act 1972, the press and public were excluded from the meeting for the following items of business on the grounds that they could involve the possible disclosure of exempt information as defined in paragraph 1 of Schedule 12 of the Act.

72.

Existing Hackney Carriage Driver's Licence - Granville Haworth

Report of Licensing Manager.

Minutes:

The Licensing Manager presented a report to enable members to consider what action, if any, to take in respect of Mr. Haworth’s hackney carriage driver’s licence.

 

Details of the individual case are set out in exempt minute no. 72, in accordance with Section 100A of the Local Government Act 1972.

 

It was proposed by Councillor Brown and seconded by Councillor Denwood: -

 

“That no action be taken in respect of Mr. Haworth’s hackney carriage driver’s licence.”

 

Upon being put to the vote, Members voted unanimously in favour of the proposition, whereupon the Chairman declared the proposition to be carried.

 

Resolved:

 

That no action be taken in respect of Mr Haworth’s hackney carriage driver’s licence.

 

Stewart Adair, Assistant Licensing Officer arrived at the meeting at this point.

73.

Existing Hackney Carriage Driver's Licence - Daniel Kitson

Report of Licensing Manager.

Minutes:

The Licensing Manager presented a report to enable members to consider what action, if any, to take in respect of Mr. Kitson’s hackney carriage driver’s licence.

 

Details of the individual case are set out in exempt minute no. 73, in accordance with Section 100A of the Local Government Act 1972.

 

It was proposed by Councillor Brown: -

 

“That Mr. Kitson’s hackney carriage driver’s licence be suspended for a period of 1 month.”

 

However it was noted that there was no seconder to the proposition and therefore the proposition was deemed to have fallen.

 

It was proposed by Councillor Forrest and seconded by Councillor Brown: -

 

“That no action be taken in respect of Mr. Kitson’s hackney carriage driver’s licence.”

 

Upon being put to the vote, Members voted unanimously in favour of the proposition, whereupon the Chairman declared the proposition to be carried.

 

Resolved:

 

That no action be taken in respect of Mr Kitson’s hackney carriage driver’s licence.

 

74.

Existing Private Hire Driver's Licence - Surinder Pal Singh Jalwal

Report of Licensing Manager.

Minutes:

The Licensing Manager presented a report to enable members to consider what action, if any, to take in respect of Mr. Jalwal’s private hire driver’s licence.

 

Details of the individual case are set out in exempt minute no. 74, in accordance with Section 100A of the Local Government Act 1972.

 

It was proposed by Councillor Brown and seconded by Councillor Greenall: -

 

“That no action be taken in respect of Mr. Jalwal’s private hire driver’s licence.”

 

Upon being put to the vote, Members voted unanimously in favour of the proposition, whereupon the Chairman declared the proposition to be carried.

 

Resolved:

 

That no action be taken in respect of Mr Jalwal’s private hire driver’s licence.

 

75.

Confidential Items:-

The following reports are not for publication because they contain confidential information relating to cautions/convictions and will be considered whilst the public are excluded from the meeting. The applicants have been invited to attend and/or be represented at the meeting, but will be asked to leave whilst the Committee makes the decision, as exempt legal advice may be given.

 

Members are advised that, in accordance with Section 100A(2) of the Local Government Act 1972, the press and public should be excluded for the following items of business on the grounds that they could include the possible disclosure of confidential information.

Minutes:

In accordance with Section 100A(2) of the Local Government Act 1972, the press and public were excluded for the following items of business on the grounds that they could include the possible disclosure of confidential information.

Councillor Johnson left the meeting at this point and took no part in consideration of the following item.

76.

Application for a Private Hire Driver's Licence - Joseph James Mitchell

Report of Licensing Manager.

Minutes:

The Licensing Manager introduced a report to enable members to consider Mr. Mitchell’s application for a private hire driver’s licence.

 

Details of the individual case are set out in confidential minute no. 76 in accordance with Section 100A(2) of the Local Government Act 1972. 

 

It was proposed by Councillor Greenall and seconded by Councillor Forrest: -

 

“That Mr. Mitchell’s application for a private hire driver’s licence be granted.” 

 

Upon being put to the vote, 3 Members voted in favour of the proposition, and 4 Members against, whereupon the Chairman declared the proposition to be lost. 

 

It was proposed by Councillor Denwood and seconded by Councillor Redfern: -

 

“That Mr. Mitchell’s application for a private hire driver’s licence be refused.” 

 

Upon being put to the vote, 4 Members voted in favour of the proposition, and 3 Members against, whereupon the Chairman declared the proposition to be carried.

 

Resolved:

 

That Mr. Mitchell’s application for a private hire driver’s licence be refused.

 

Councillor Johnson returned to the meeting at this point.

77.

Application for a Private Hire Driver's Licence - Philip Michael Youren

Report of Senior Licensing Officer.

Minutes:

The Licensing Manager introduced a report to enable members to consider Mr. Youren’s application for a private hire driver’s licence.

 

Details of the individual case are set out in confidential minute no. 77 in accordance with Section 100A(2) of the Local Government Act 1972. 

 

It was proposed by Councillor Greenall and seconded by Councillor Redfern: -

 

“That Mr. Youren’s application for a private hire driver’s licence be refused.”

 

Upon being put to the vote Members voted unanimously in favour of the proposition, whereupon the Chairman declared the proposition to be carried. 

 

Resolved:

 

That Mr. Youren’s application for a private hire driver’s licence be refused.

The press and public were readmitted to the meeting at this point:-

78.

Street Collection Permits 2011 pdf icon PDF 65 KB

Report of Licensing Manager.

Minutes:

The Licensing Manager introduced a report containing a schedule of the organisations that had applied for street collection permits in 2011, together with details of the Licensing Regulatory Committee’s current policy on the allocation of permits.

 

Members were reminded of the committee’s policy with regard to the allocation of permits, which was as follows:

 

(a)   That 96 street collection permits be available for allocation annually, as follows:-

 

18 for Lancaster, 18 for Morecambe, 12 for Carnforth and the Rural areas for national charities and 18 for Lancaster, 18 for Morecambe, 12 for Carnforth and the rural areas for local charities, which demonstrate that all money collected will be distributed within the City Council district.

 

(b)   That, in addition, permits be issued annually to the Royal British Legion Poppy Appeal: the Lancaster University Rag Appeal; the Lancaster, Morecambe & Carnforth Round Table Christmas Appeals; the Lancaster, Morecambe & Carnforth Carnivals; the Morecambe Branch of the RNLI and the Telethon Appeal.

 

(c)   That, if in any one year there are more allocations than permits available, then the allocation be determined by ballot, the Licensing Regulatory Committee being recommended to give first consideration to those applicants utilising their funds locally.

 

(d)   No charity to be granted street collection permits for both Lancaster and Morecambe in any one year.

 

(e)   That a charity which has been granted street collection permits for 3 consecutive years be granted a permit for the 4th year in succession, only if no other qualifying charities would, as a consequence, be deprived of a permit.

 

Members were informed that the Royal Air Force association had applied for street collection permits for Morecambe, Lancaster and Carnforth, all for the same date in September. If members were minded to grant these applications it would be a move from paragraph (d) in the policy on the allocation of street permits above.

 

Members were advised that there were sufficient permits available, in accordance with the policy, for all applicants to be granted a permit, although, in accordance with the policy those charities that have applied for permits for Lancaster and Morecambe may only be allocated one.

 

It was recommended that permits be issued to all applicants that met the criteria listed in the schedule, and that the Head of Governance be authorised to allocate the remaining permits on a ‘first come first served’ basis.

 

It was proposed by Councillor Johnson and seconded by Councillor Greenall:-

 

"(1)                   That permits be allocated to the 3 national charities that have applied for a permit for Lancaster.

 

(2)                 That a permit be allocated to the 1 national charity that has applied for a permit for Morecambe.

 

(3)                 That a permit be allocated to the 1 national charity that has applied for a permit in Carnforth.

 

(4)                 That a permit be allocated to the 1 national charity that has applied for a permit in Heysham

 

(5)                 That permits for Lancaster be allocated to the 3 local charities that demonstrate that all money collected will be distributed  ...  view the full minutes text for item 78.