Agenda and minutes

Minutes of the meeting held on 13 November 2014 (previously circulated). 

The Minutes of the meeting held on 13^th November 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.

There were no declarations of interest.

ITEM SUBJECT TO PUBLIC PARTICIPATION

Report of Licensing Manager

The Committee received the report of the Licensing Manager to inform Members of the responses in relation to the recent consultation on the proposal received as part of the Morecambe Area Action Plan (MAAP) to remove the existing rank on Market Street, Morecambe, and appoint a rank on the other side of the road on Market Street, Morecambe; and to ask Members to consider, in conjunction with the responses, the further proposals in relation to making amendments to the rank provision in Morecambe.

Under the Scheme of Public Participation, Mr. David Hodgson spoke in objection to the proposal to change the position of the rank on Market Street, Morecambe and reduce its size.

The Licensing Manager reported that the provision of ranks in Morecambe was being considered as part of the MAAP.  Proposals had been put forward by Regeneration and Planning Services.  The statutory consultation period on those proposals had closed on 21^st November 2014.  Thirty responses had been received, all against the proposal.

One response had proposed that a one or two space rank be maintained on the Arndale Centre (east) side of Market Street, which would work in the same way as the hackney carriage rank at Lancaster Station.  Licensing Officers would support at least one additional space of approximately 5 m outside the Arndale Centre, in order that customers would not have to cross Market Street to get to the first car on the rank.

Lancashire County Council, as Highway Authority, was unhappy with the proposal, and wanted the disabled parking and the rank to be kept separate, with the rank on the west side of Market Street and the disabled parking on the east side.  The Highway Authority had suggested that taxi drivers would abuse the proposed facility, if approved.

The hackney carriage trade had additionally been concerned with the proposal for Market Street. 

It was reported that officers in Regeneration and Planning Services had proposed the following to allay concerns about the proposal for Market Street and provide bays in the wider area to meet the needs of the taxi trade.  The proposals had been discussed with Lancaster City Hackney Proprietors Association representatives:

·         To provide daytime bays and overnight bays on Tunstall Street to compensate for the net reduction on Market Street and make for better balanced provision, with bays effectively either side of the Arndale Centre.

·         To provide overnight bays on the landward side of Marine Road Central, both immediately east of Queen Street and between Pedder Street and Euston Road.  During the daytime these would remain as time limited street parking.

·         To remove the bays on the Clock Tower car park on Marine Road, which it was understood were used lightly during the day and more so at night.  The new on-street overnight provision was better located and should compensate.  The removal of the bays on the car park was required as part of a project to reconfigure the areas both side of the Eric Morecambe statue so that the land use  ...  view the full minutes text for item 56.

The Senior Planner (Regeneration) left the meeting at this point.

The meeting adjourned for 10 minutes.

ITEMS NOT SUBJECT TO PUBLIC PARTICIPATION

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.

The Chairman advised that the Agenda would be re-ordered in consideration of there being a witness attending the meeting.

Councillor Johnson declared an interest in the following item prior to the decision being made, in that he knew the family of the witness, and Mr. Kitson was a resident of his ward of Carnforth.  Councillor Johnson took no part in the decision making.

Report of Licensing Manager

The Committee received the report of the Licensing Manager to enable Members to consider Mr. Kitson’s application for a private hire and hackney carriage dual driver’s licence.

Details of the individual case and the Chairman’s summary of the decision are set out in Exempt Minute No. 58, in accordance with Section 100A of the Local Government Act 1972.

Decision of the Committee:

That Mr. Kitson’s application for a private hire and hackney carriage dual driver’s licence be granted.

Report of Licensing Manager

The Committee received the report of the Licensing Manager to enable Members to consider what action, if any, to take in respect of Mr. Stocks’ 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. 59, in accordance with Section 100A of the Local Government Act 1972.

Decision of the Committee:

That Mr. Stocks’ private hire driver’s licence be suspended until he has passed the standard Driving Standards Agency test.

The following report is not for publication because it contains confidential information relating to cautions/convictions and will be considered whilst the public are excluded from the meeting.  The applicant has 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 (as amended), the press and public should be excluded for the following item of business on the ground that it 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 item of business because it could include the possible disclosure of confidential information.

Report of Licensing Manager

The Committee received the report of the Licensing Manager to enable Members to consider Mr. Smith’s application for a private hire and hackney carriage dual driver’s licence.

Details of the individual case and the Chairman’s summary of the decision are set out in confidential minute no. 61, in accordance with Section 100A of the Local Government Act 1972.

Decision of the Committee:

That Mr. Smith’s application for a private hire and hackney carriage dual driver’s licence be granted.

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

Report of Licensing Manager

The Committee received the report of the Licensing Manager to inform Members of the outcomes of recent court cases in relation to hackney carriage and private hire drivers, as follows:

·         Mr. Arshad Mahmood, Morecambe – on 17^th October 2014, convicted of driving a hackney carriage vehicle without first obtaining a licence and not having the relevant motor insurance.  Fined £400, with £150 costs, and ordered to pay £40 victim surcharge.  Given 8 penalty points on his DVLA driver’s licence.

·         Keith Raby, Nether Kellet - – on 3^rd October 2014, convicted of plying for hire on a street which was not a designated rank, contrary to byelaws adopted by Lancaster City Council.  Fined £400 and ordered to pay £150 costs and a £40 surcharge.

·         HeidaBala, Lancaster – on 3^rd October 2014, convicted of plying for hire on a street, which was not a designated rank, contrary to byelaws adopted by Lancaster City Council.  Fined £400 and ordered to pay £150 costs and a £40 victim surcharge.

·         Raymond Croft, Lancaster – on 12^th September 2014, convicted of plying for hire on a street, which was not a designated rank, contrary to byelaws adopted by Lancaster City Council.  Fined £265 and ordered to pay £150 costs and a £26 victim surcharge.

Resolved:

That the report be noted.