Agenda and draft minutes

To appoint a Vice-Chair for the duration of the 2024/25 municipal year.

The Chair requested nominations for Vice-Chair of the Licensing Committee for the municipal year 2024/25.

It was proposed by Councillor Phil Bradley and seconded by Councillor Martin Bottoms:

“That Councillor Margaret Pattison be appointed Vice-Chair of the Licensing Committee.”

There being no further nominations, the Chair declared the proposal to be carried.

Resolved:

That Councillor Margaret Pattison be appointed Vice-Chair of the Licensing Committee for the municipal year 2024/25.

To receive as a correct record the Minutes of meeting held on 11^th April 2024 (previously circulated). 

The minutes of the meeting held on 11^th April 2024 were signed by the Chair as a correct record.

There were no items of urgent business.

To receive declarations by Councillors of interests in respect of items on this Agenda. 

Councillors are reminded that, in accordance with the Localism Act 2011, they are required to declare any disclosable pecuniary interests which have not already been declared in the Council’s Register of Interests. (It is a criminal offence not to declare a disclosable pecuniary interest either in the Register or at the meeting). 

Whilst not a legal requirement, in accordance with Council Procedure Rule 9 and in the interests of clarity and transparency, Councillors should declare any disclosable pecuniary interests which they have already declared in the Register, at this point in the meeting. 

In accordance with Part B Section 2 of the Code Of Conduct, Councillors are required to declare the existence and nature of any other interests as defined in paragraphs 8(1) or 9(2) of the Code of Conduct. 

There were no declarations of interest.

Report of the Licensing Officer

The Licensing Enforcement Officer presented a report which informed the Committee of the outcomes from recent Private Hire Operator checks.

The Committee was advised that checks had been conducted by Licensing Officers over a number of weeks to ensure compliance with the Council’s Private Hire and Hackney Carriage Licensing Policy in respect of private hire operators.

It was reported that:

·       43 individual private hire operator inspections had been carried out.

·       42 had been compliant to Licensing Officers’ satisfaction.

·       Licensing staff had advised 1 private hire operator that improvements were required.

The Committee was advised that Licensing Officers had been satisfied with the overall high level of compliance with the day-to-day recording of bookings for pre-booked journeys undertaken.

Members asked a number of questions in respect of DBS’s and sanctions against operators. Members also raised a number of concerns relating to illegal parking on Chapel Street in Lancaster.

Resolved:

That the report be noted.

Report of the Licensing Manager

The Licensing Manager presented a report which asked the Committee to authorise the Monitoring Officer to amend the scheme of delegation to allow the Chief Officer (Governance) to determine applications/variations for premises/club certificates where all parties agreed a hearing was unnecessary in accordance with Regulation 9 of the Licensing Act 2003 (Hearings) Regulations 2005 despite representations being made.

The Committee was advised that this was to dispense with determination hearings where applicants and responsible authorities had agreed conditions through mediation and both parties agreed a hearing was not necessary.

Under the current scheme of delegation in these circumstances, a Licensing Sub-Committee would be convened to determine the application.

It was proposed by Councillor Hamilton-Cox and seconded by Councillor Phil Bradley:

“(1)    That the scheme of delegation to the Chief Officer (Governance) be amended to the following:

“…determine applications for Premises Licences/Club Premises Certificates where all parties agree a hearing is unnecessary in accordance with Regulation 9 of the Licensing Act 2003 (Hearings) Regulations 2005 despite representations being made.” And

“…determine applications to vary Premises Licences/Club Premises Certificates where all parties agree a hearing is unnecessary in accordance with Regulation 9 of the Licensing Act 2003 (Hearings) Regulations 2005 despite representations being made.”

(2)        That the Monitoring Officer be instructed to formally amend the relevant sections of the Constitution.

(3)        That an annual report by the Licensing Manager on use of the delegation be provided to the Committee each June.

(4)        That Ward Councillors be notified of applications made within their Wards where a licence is granted following mediated conditions and agreed by parties that a hearing isn’t needed. “

A vote was taken and it was unanimously agreed.

Resolved:

(1)        That the scheme of delegation to the Chief Officer (Governance) be amended to the following:

“…determine applications for Premises Licences/Club Premises Certificates where all parties agree a hearing is unnecessary in accordance with Regulation 9 of the Licensing Act 2003 (Hearings) Regulations 2005 despite representations being made.” And

“…determine applications to vary Premises Licences/Club Premises Certificates where all parties agree a hearing is unnecessary in accordance with Regulation 9 of the Licensing Act 2003 (Hearings) Regulations 2005 despite representations being made.”

(2)        That the Monitoring Officer be instructed to formally amend the relevant sections of the Constitution.

(3)        That an annual report by the Licensing Manager on use of the delegation be provided to the Committee each June.

(4)        That Ward Councillors be notified of applications made within their Wards where a licence is granted following mediated conditions and agreed by parties that a hearing isn’t needed.

Report of the Licensing Manager

The Licensing Manager presented a report which advised the Committee on the current application process and the viability of introducing “temporary licences”.

It was reported that the legislation relating to Private Hire and Hackney Carriage drivers’ licences did not make provision for the administration and issue of “Temporary Licences”, the determination on application was based on whether an applicant was a “fit and proper person”. There was however an opportunity to amend the current application policy and issue a short term “without prejudice” licence. This would allow the Licensing Authority to issue a short-term licence to enable a driver to continue to work, pending the determination of their renewal application. This could only be considered if a valid renewal application had been received prior to expiry of the current licence.

The Committee was advised that there was a number of pros and cons to the introduction of “without prejudice” licences for both the Licensing Authority and the licenced trade it has a duty to regulate.

The Committee discussed the proposals including issues around public safety, licence holder responsibility and the circumstances in which such licences could potentially be issued.

It was proposed by Councillor Hamilton-Cox and seconded by Councillor Phil Bradley:

“That the Licensing Committee approve the Licensing Manager to determine requests made for “without prejudice” licences subject to the applicant having submitted a valid application 14 days prior to the expiration their current licence.”

Upon being put to the vote, 4 members voted in favour, and 1 against, whereupon the Chair declared to proposal to be carried.

Resolved:

That the Licensing Committee approve the Licensing Manager to determine requests made for “without prejudice” licences subject to the applicant having submitted a valid application 14 days prior to the expiration of their existing licence.

Report of the Licensing Manager

The Chair called for nominations for two Sub-Committee Chairs in addition to the Chair and Vice-Chair of the Licensing Committee.

Councillor Martin Bottoms was nominated as a Sub-Committee Chair.

There being no further nominations, the Chair declared that Councillor Martin Bottoms be appointed as a Licensing Sub-Committee Chair.

It was noted that in view of only one additional Sub-Committee Chair being appointed a report would be made to the next meeting in order to consider a further appointment.

Resolved:

That Councillor Martin Bottoms be appointed as a Sub-Committee Chair along with the Chair and Vice-Chair of the Licensing Committee.

Report of the Licensing Manager

The Licensing Manager introduced a report on the Taxi Working Group which requested members to review the membership of the group and consider its priorities.

The Group was advised that the convention was that the Chair of the Licensing Committee was also the Chair of the Taxi and Private Hire Working Group.

The Chair called for nominations to the Taxi Working Group in addition to the Chair.

Councillors Martin Bottoms and Phil Bradley along with the Chair and Vice-Chair were nominated to the Taxi Working Group. There being no further nominations the Chair confirmed that Councillors Martin Bottoms, Phil Bradley and Margaret Pattison (Vice-Chair of Licensing), in addition to Councillor Sally Maddocks as Chair, be appointed members of the Taxi Working Group.

The Committee discussed the membership of the Group. It was agreed that the Disability Champion and the Police would be invited and that invitations for expressions of interest in joining the Group would be sent out to the Trade with the view of expanding the Trade membership of the Group.

The Committee discussed including the word “Partnership” in the title of the Group and  agreed to bring a report to the next meeting with regard to additional Councillor Members.

Resolved:

(1)        That Councillors Martin Bottoms, Phil Bradley and Margaret Pattison (Vice-Chair of Licensing Committee), in addition to Councillor Sally Maddocks as Chair, be appointed members of the Taxi Working Group.

(2)        That the Disability Champion and Police be invited to meetings.

(3)        That invitations for expressions of interest in joining the Group be sent to the Trade.

Report of the Licensing Manager

This item has been withdrawn

This item was withdrawn from the agenda.

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 ground that it could involve the possible disclosure of exempt information, as defined in paragraph 1 of Schedule 12A of that Act.” 

Councillors are reminded that, whilst the following item has been marked as exempt, it is for the Committee to decide whether or not to consider it in private or in public.  In making the decision, Councillors should consider the relevant paragraph of Schedule 12A of the Local Government Act 1972, and also whether the public interest in maintaining the exemption outweighs the public interest in disclosing the information.  In considering their discretion, Councillors should also be mindful of the advice of Council officers. 

It was moved by Councillor Margaret Pattison, seconded by Councillor Phil Bradley and unanimously agreed:

Resolved:

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, exempt agenda item 7, on the grounds it could involve the possible disclosure of exempt information, as defined, in Paragraph 1 of Schedule 12A of that Act.

Report of the Licensing Manager.

The Licensing Manager submitted a report which advised the Committee of a decision that had been taken by the Chief Officer (Governance), in consultation with the Chair of the Licensing Committee under the Council’s Urgent Business Procedure. The report was exempt from publication by virtue of Paragraph 1, Schedule 12A of the Local Government Act, 1972 and related to a private hire driver’s licence.

Resolved:

That the report be noted.