Agenda and minutes

The minutes of the meeting held on 9 June 2011 were signed by the vice-chairman as a correct record.

There were no items of urgent business.

There were no declarations of interest.

Report of Licensing Manager.

The licensing manager presented a report to enable members to consider a request from Mr. Bishop to waive the policy requirement that all passengers should have direct access and egress without having to tip or fold seats, and to determine whether to grant an exemption to the restriction for Mr Bishop with regard to the VW Caddy Maxilife and for any other vehicles of the same model with identical specifications that may be presented for licensing in the future.

Prior to the meeting members had been given the opportunity to view the vehicle for which the waiver of the policy requirement that all passengers should have direct access to doors without having to tip or fold a seat was being requested.

Members were advised that under section 47(1) of the Local Government (Miscellaneous Provisions) Act 1976, a district council may attach to the grant of a licence of a hackney carriage under the Act of 1847 such conditions as they may consider reasonably necessary. Any person aggrieved by the refusal of a district council to grant a vehicle licence under this Section, or by any conditions specified in such a licence, could appeal to a magistrates’ court. For this purpose, the council had established conditions attached to the grant of a hackney carriage vehicle licence.

The committee were advised that the standard licence condition provided as follows:

“Access to all passenger seats must be unimpeded. Clear access and egress to all passenger seats must be provided, without the need to tip forward, fold or remove seats.  This will apply to all new and replacement vehicles licensed after this policy comes into force. If a seat has to be removed to comply with this requirement, it shall be removed from the nearside of the vehicle, from the row of seats, which are situated behind the front passenger seat.”

Members were reminded that the continued application of the above licence condition had recently been the subject of a consultation process following its approval by the committee last September. The consultation had ended in June, and a full report of the outcome of that consultation was due to be delivered to the committee in September.

Mr. Bishop had currently licensed the VW Caddy to carry five passengers, one of the passengers being a wheelchair user; it was advised that he had one of the mandatory wheelchair accessible vehicles. Mr. Bishop had requested to make representations to the committee, as he would like to add two extra seats (which were removable) to the vehicle, to allow for maximum flexibility.  The vehicle would then be licensed to carry a maximum of 6 passengers when not carrying a wheelchair user. A copy of Mr. Bishop’s letter was attached to the report for members’ information.

It was advised that Mr. Bishop had, at the suggestion of the licensing manager, added some additional safety measures to the vehicle. The vehicle had a rear hatch/door which could be opened from the inside of the vehicle, and was clearly marked  ...  view the full minutes text for item 15.

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.

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.

Report of Licensing Manager.

The licensing manager introduced a report to enable members to consider what action, if any, to take in respect of Mr. Dent’s private hire driver’s licence.

Details of the individual case and the chairman’s summary of the decision are set out in confidential minute no. 17 accordance with Section 100A(2) of the Local Government Act 1972. 

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

“That Mr. Dent’s private hire driver’s licence be suspended for a period of three months with immediate effect.”

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. Dent’s private hire driver’s licence be suspended for a period of three months with immediate effect.

Councillor Johnson left the meeting during the following item and took no part in its consideration.

Report of Licensing Manager.

The licensing manager introduced a report to enable members to consider Mr. Kinnish’s application for a dual driver’s licence.

Details of the individual case and the chairman’s summary of the decision are set out in confidential minute no. 18 in accordance with Section 100A(2) of the Local Government Act 1972. 

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

“That Mr. Kinnish’s application for a dual driver’s licence be approved.”

Upon being put to the vote 7 members voted in favour of the proposition and 1 against, whereupon the chairman declared the proposition to be carried. 

Resolved:

That Mr. Kinnish’s application for a dual driver’s licence be approved.

Councillor Johnson returned to the meeting at this point.

At this point, with the agreement of the chair, members adjourned for a five minute comfort break.

Report of Senior Licensing Officer.

The licensing manager introduced a report to enable members to consider Mr. Keegans’ application for a private hire driver’s licence.

Details of the individual case and the chairman’s summary of the decision are set out in confidential minute no. 19 in accordance with Section 100A(2) of the Local Government Act 1972. 

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

“That Mr. Keegans’ application for a hackney carriage driver’s licence be approved.”

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. Keegans’ application for a hackney carriage driver’s licence be approved.

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

“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 item of business, on the grounds that it 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 item has been marked as exempt, it is for the Committee itself to decide whether or not to consider it 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.

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.

Report of Licensing Manager.

The licensing manager introduced a report to enable members to consider what action, if any, to take in respect of Mr. Sherrington’s private hire driver’s licence.

Details of the individual case and the chairman’s summary of the decision are set out in exempt minute no. 21, in accordance with Section 100A of the Local Government Act 1972.

It was proposed by Councillor Kerr and seconded by Councillor Hill: -

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

Upon being put to the vote 6 members voted in favour of the proposition and 1 against, with 1 abstention, whereupon the chairman declared the proposition to be carried. 

Resolved:

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

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

Report of Licensing Manager.

The licensing manager presented a report to enable members to consider the adoption of a house to house collections policy for the council.

Members were reminded that licensing were responsible for regulating a wide range of functions including house to house collections.

It was advised that house to house collections were governed by the House to House Collections Act 1939 and the House to House Collections Regulations 1947, as amended.

Members were advised that house to house collections for charitable, benevolent or philanthropic purposes, whether or not the purpose was charitable within the meaning of the rule of law, were required to be licensed by the authority. The definition of ‘collection’ extended beyond requests for money, to include the sale of magazines, requests for unwanted clothing and household items, visits to persuade persons to buy goods, etc where any part of the proceeds may go to charity. 

The only exception to the general rule was for organisations that had been granted an Exemption Certificate by the Home Office under the provisions of the House to House Collections Act 1939. This Certificate allowed an organisation to collect in the District without applying for a licence. The organisation was required to inform the authority of the dates and areas of any planned collections.

Members were advised that the authority could refuse or revoke a licence for a number of reasons:

·         If too high a proportion of the proceeds were to be spent on expenses;

·         If not enough of the proceeds were to be given to the charity or cause;

·         If incorrect information was provided on the application form

·         If the promoter or any other person involved in the collection had been convicted of certain criminal offences, i.e. burglary, blackmail or fraud.

The proposed policy set out the proportion of the proceeds of any house to house collection that should be applied to the charitable purposes that the collection was being made for. It was advised that officers had recommended that 85% of the profits of any house to house collection should be applied to the charity.

The licensing officers were of the opinion that a policy of this type was necessary due to the number of bogus companies that were setting up and carrying out house to house collections mainly for private gain. Licensing enforcement officers in conjunction with officers from the Lancashire Constabulary had intercepted one of these bogus collections in January this year. All of the goods had been seized and donated to St John’s Hospice which is a local charity.

The Association of Charity Shops had estimated that charities lose between £2.5 and £3 million a year through theft and people giving clothing to organisations which they thought were charities but may be commercial companies collecting for profit.

The licensing manager had identified the major issues and sought to tackle them through this policy with the intention of:

·         Ensuring impartiality and fairness in determining applications;

·         Accommodating all eligible requests, subject to capacity, and bearing in mind that certain days  ...  view the full minutes text for item 22.