Agenda and minutes

Minutes of the meeting held on 16 October 2014 (previously circulated). 

The Minutes of the meeting held on 16^th October 2014 were signed by the Chairman as a correct record.

There were no items of urgent business.

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

Members 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 10 and in the interests of clarity and transparency, Members 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, Members 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.

No declarations of interest were made at this point in the meeting.

The Committee is recommended to pass the following recommendations 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 grounds 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 Committee itself to decide whether or not to consider each of 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 also whether the public interest in maintaining the exemption outweighs the public interest in disclosing the 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 12A of that Act.

Report of the Licensing Manager

The Committee received the report of the Licensing Manager to enable Members to consider whether there was reasonable cause to suspend or revoke Mr. Mahmood’s hackney carriage and private hire dual driver’s licence.

Details of the individual case and the Chairman’s summary of the decision are set out in Exempt Minute No. 48, in accordance with Section 100A of the Local Government Act 1972.

Decision of the Committee:

That Mr. Mahmood’s hackney carriage and private hire dual driver’s licence be revoked with immediate effect.

The meeting adjourned for 5 minutes.

Report of the Licensing Manager

Committee received the report of the Licensing Manager to enable Members to consider whether there was reasonable cause to suspend or revoke Mr. Kelly’s hackney carriage driver’s licence.

Details of the individual case and the Chairman’s summary of the decision are set out in Exempt Minute No. 49, in accordance with Section 100A of the Local Government Act 1972.

Decision of the Committee:

That Mr. Kelly’s hackney carriage driver’s licence be suspended for 2 days.

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

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

Debbie Rose, Licensing Enforcement Officer, left the meeting at this point.

The Chief Officer (Governance) joined the meeting at this point.

Councillor Mace declared an interest in the following item, being a member of the Standards Committee.

Report of the Monitoring Officer

The Committee received the report of the Monitoring Officer to enable the Committee to consider a draft Protocol on Licensing Procedure for inclusion in the Council’s Constitution.

It was reported that, in reviewing the Constitution, the Monitoring Officer had felt that it would be helpful to Members to have a Protocol to deal with licensing matters falling within the terms of reference of both the Licensing Regulatory Committee and the Licensing Act Committee, similar to the Protocol on Planning Procedure contained in Part 7 of the Council’s Constitution.

A draft Protocol had therefore been prepared and was appended to the report.  It was intended that the draft Protocol on Licensing Procedure appended to the report would be referred to the Standards Committee as the body responsible for advising the Council on local protocols regarding the conduct of Members.

Resolved:

That the report be noted.

Report of the Chief Officer (Governance)

The Committee received the report of the Chief Officer (Governance) to enable the Committee to consider the future of the Taxi Forum and its possible replacement by a regular ‘surgery’ to be held by the Chairman of the Committee, supported by officers, as appropriate.

It was reported that, following discussions with the Chairman of Licensing Regulatory Committee, it had been suggested that a more effective mechanism than the Taxi Forum for consultation with the trade would be to hold regular ‘surgery’ type sessions throughout the district, where the Chairman would be available, supported by the appropriate officers, to meet with any individual member of the trade.

It was proposed by Councillor Hamilton-Cox and seconded by Councillor Johnson:

“That the Taxi Forums continue without officer support.”

Upon being put to the vote, 3 Members voted in favour of the proposition and 6 against, whereupon the Chairman declared the proposal to be lost.

It was then proposed by Councillor Dennison and seconded by Councillor Redfern:

“That in place of the Taxi Forum, a Local Forum be established, held by the Chairman, supported by officers, and attended by any members of the Licensing Regulatory Committee who wish to attend, to enable individual members of the trade to raise issues of concern, on a confidential basis if they so wish, but with any significant issue raised at the Forum being the subject of a report to the Committee and, if appropriate, the subject of full written consultation with all proprietors, with meetings alternating between Lancaster and Morecambe Town Halls.”

It was then proposed by Councillor Dixon, by way of friendly amendment, that the proposal be reviewed in June 2015.

The proposer and seconder accepted this as a friendly amendment.

Upon being put to the vote, 5 Members voted in favour of the amended proposition and 3 against, with 1 abstention, whereupon the Chairman declared the proposal to be carried.

Resolved:

(1)        That in place of the Taxi Forum, a Local Forum be established, held by the            Chairman, supported by officers, and attended by any members of the            Licensing Regulatory Committee who wish to attend, to enable individual members of the trade to raise issues of concern, on a confidential basis if they             so wish, but with any significant issue raised at the Forum being the subject of       a report to the Committee and, if appropriate, the subject of full written       consultation with all proprietors, with meetings alternating between Lancaster            and Morecambe Town Halls.

(2)        That the proposal be reviewed in June 2015.

Councillors Harrison, Johnson and Mace requested that it be recorded that they had voted against the proposal.