Agenda and minutes

To appoint a Vice-Chairman for the 2015/16 municipal year.

The Chairman requested nominations for the position of Vice-Chairman of the Licensing Regulatory Committee for the Municipal Year 2015/16.

It was proposed by Councillor Redfern and seconded by Councillor Hartley that Councillor Metcalfe be appointed Vice-Chairman of the Licensing Regulatory Committee for the Municipal Year 2015/16.  There being no further nominations, the Chairman declared the proposal to be carried.

Resolved:

That Councillor Metcalfe be appointed Vice-Chairman of the Licensing Regulatory Committee for the Municipal Year 2015/16.

Minutes of the meeting held on 26 March 2015 (previously circulated). 

The Minutes of the meeting held on 26 March 2015 were signed by the Chairman as a correct record, subject to amendment of Minute No. 79 to delete “the Licensing Manager informs members of the trade that their vehicles can be taxed on-line with the certificate of compliance, which is issued by the council”.

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.

Councillor Hartley declared an interest in Minute No. 8 - Existing Hackney Carriage and Private Hire Driver's Licence - Steven Garcia - his wife being a cousin of the witness.

Matters for Decision

Report of Licensing Manager

The Committee received the report of the Licensing Manager to enable Members to consider a request from Mr. D. Rabbett in connection with an application for a private hire vehicle licence and a waiver of the standard licence condition requiring the display of the Council’s uniform signage.

The vehicle had been available for inspection prior to the meeting.  Mr. Rabbett was present at the meeting and made representations to the Committee.

It was proposed by Councillor Goodrich and seconded by Councillor Hartley:

“(1)      That the applicant’s request for a waiver of the standard vehicle licence conditions requiring the display of the Council’s uniform door signage and plates be approved.

(2)        That Mr. Rabbett be required to keep the rear plate in the boot of the vehicle and display an internal card on the dashboard of the vehicle.”

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

“That the application be deferred to allow Mr. Rabbett to present further documentation to the Committee.”

After debate, the amendment was voted upon and lost with 2 Members voting in favour of the proposition and 4 against, with 2 abstentions.

Members then voted on the substantive motion, with 4 Members voting in favour of the proposition and 2 against, with 2 abstentions, whereupon the Chairman declared the proposal to be carried.

Resolved:

(1)        That the applicant’s request for a waiver of the standard vehicle licence conditions requiring the display of the Council’s uniform door signage and plates be approved.

(2)        That Mr. Rabbett be required to keep the rear plate in the boot of the vehicle and display an internal card on the dashboard of the vehicle.

Report of Licensing Manager

The Committee received the report of the Licensing Manager to enable Members to consider an application for a street café licence received from M. F. Diggle, together with a request for a variation of the standard licence condition to allow the street café to operate from 7.00 a.m. to 8.00 p.m.

It was reported that Mr. Diggle had stated that without the variation he would not have anywhere to store his furniture and would not be able to operate the street café, which was located outside his premises on Market Street, Lancaster.

The County Highways, Council Planning Officers and other businesses in the area of the frontage had been consulted.  No objections had been received.  However, the Planning Officers had stated that they would not like the variation to set a precedent, as some areas needed to be kept clear to allow access to service vehicles and for street cleansing to take place.

It was proposed by Councillor Hartley and seconded by Councillor Guilding:

“That the standard licence condition in relation to the permitted times of operation for the street café licence be varied to allow Diggles street café in Market Street to operate from 7.00 a.m.”

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

Resolved:

That the standard licence condition in relation to the permitted times of operation for the street café licence be varied to allow Diggles street café in Market Street to operate from 7.00 a.m.

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.

It was noted that Councillor Hartley had previously declared an interest in the following item, his wife being a cousin of the witness, and left the meeting room during its consideration and did not vote on the matter.

Report of 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. Garcia’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. 8, in accordance with Section 100A of the Local Government Act 1972.

Decision of the Committee:

That Mr. Garcia’s Hackney Carriage and Private Hire dual driver’s licence be revoked with immediate effect.

The meeting adjourned for 5 minutes.

Report of Licensing Manager

Members were advised that the item had been withdrawn.

The Chairman advised that the Agenda would be re-ordered in consideration of the applicant being present at the meeting for the following item.

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 consider Mr. Brennand’s application for a Private Hire and Hackney Carriage dual driver’s licence.

Mr. Brennand was present at the meeting and advised Members that he had childcare commitments, which he had anticipated being able to keep, as he had expected that his application would have been considered earlier by the Committee.

It was proposed by Councillor Redfern and seconded by Councillor Metcalfe:

“That the application be deferred until the next meeting of the Committee to allow Mr. Brennand to collect his children from school.”

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

Resolved:

That the application be deferred until the next meeting of the Committee to allow Mr. Brennand to collect his children from school.

Report of Chief Officer (Governance)

The Committee received the report of the Chief Officer (Governance) to inform Members of the outcome of matters raised with the General Medical Council in July 2013.

It was noted that it was now a requirement that medical checks be undertaken by the GP or the practice at which the applicant was registered, or by an agent of the GP with full access to the medical records, and that these must be taken into account in carrying out the examination.

Resolved:

That the report be noted.