Agenda and minutes

Minutes of the meeting held on 4 June 2015 (previously circulated). 

The Minutes of the meeting held on 4^th June 2015 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. 

Councillor Pattison declared an interest in Minute No. 21, her niece being the girlfriend of Mr. Woodcock, and indicated that she would vacate the Chair during consideration of that item and withdraw from the meeting.

Councillor Hartley declared an interest in Minute No. 25, being a Magistrate, but advised that he had not dealt with the case concerned.

MATTERS FOR DECISION

Report of Licensing Manager

It was reported that the matter had been deferred, due to further information having being submitted.

Councillor Edwards arrived at this point.

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 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 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 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 Ms. Barker’s dual driver’s licence.

Details of the individual case and the Chairman’s summary of the decision are set out in Exempt Minute No. 18, in accordance with Section 100A of the Local Government Act 1972.

Decision of the Committee:

That Ms. Barker’s dual Hackney Carriage and Private Hire driver’s licence be suspended for a period of 1 calendar month.

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. Payne’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. 19, in accordance with Section 100A of the Local Government Act 1972.

Decision of the Committee:

That Mr. Payne’s Private Hire driver’s licence be suspended until he has passed the Driving Standards Agency test.

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 Ms. Wearing’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. 20, in accordance with Section 100A of the Local Government Act 1972.

Decision of the Committee:

That no further action be taken.

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

It was noted that the Chairman, Councillor Pattison, had previously declared an interest in the following item, her niece being the girlfriend of Mr. Woodcock.

The Chairman, having indicated that she would vacate the Chair during consideration of the following item, withdrew from the meeting.

Councillor Metcalfe, Vice-Chairman, in the Chair.

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. Woodcock’s dual 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.

Decision of the Committee:

That no further action be taken.

The Chairman, Councillor Pattison, returned to the meeting and resumed the Chair.

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 in connection with an application for a Street Café Licence, which had been received from Mr. Oliver Wilson-Fish.  Along with his application, the applicant had requested a variation of the standard licence condition, which allowed the street café to operate between the hours of 10.00 a.m. and 8.00 p.m., to allow him to operate from 7.00 a.m. until 10.00 p.m.

Mr. Wilson-Fish had been invited to attend and was present at the meeting.

It was reported that Mr. Wilson-Fish had stated on his application form that the only place he had to store his street café furniture was within his premise, which opened at 7.00 a.m.  He would not be able to operate a street café without the variation, as he would not have anywhere to store his furniture.  The street café would be located outside his premises on Market Street, Lancaster. 

County Highway officers and Council Planning officers had been consulted, as well as businesses in the area of the frontage, and no representations had been received.

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

“That the standard licence condition in relation to the permitted times of operation for the Street Café Licence be varied to allow Juicafe street café in Market Street to operate from 7.00 a.m. until 10.00 p.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 Juicafe street café in Market Street to operate from 7.00 a.m. until 10.00 p.m.

Report of Licensing Manager

The Committee received the report of the Licensing Manager to inform Members of the amendments to the Local Government (Miscellaneous Provisions) Act 1976 (LG(MP)A 1976)  implemented by the Deregulation Act 2015 in relation to the duration of Private Hire Operators’ Licences and Hackney Carriage and Private Hire Drivers’ Licences, and to ask Members to approve the proposed procedure for dealing with the change in legislation in relation to the 5 year operator’s licence.

In the light of the amendment to section 53 of the LG(MP)A 1976, Members were requested to approve the introduction of a 3 year Hackney Carriage, Private Hire and dual driver’s licence for all new applicants.  It was recommended that the procedure in relation to the issuing of an annual licence to drivers over the age of 65 should remain as it was. 

With regard to the amendment to section 53 of the LG(MP)A, it was recommended that consultation should take place to seek the views of Private Hire operators regarding the introduction of a 5 year Private Hire operator’s licence.

In order to allow the consultation to take place and an appropriate fee to be set for a 5 year licence, Members were asked to approve the introduction of a 6 month operator’s licence for all operator licences issued between 1^st October 2015 and 31^st March 2016.

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

“That the recommendations set out in the report be approved.”

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:

(1)        That consultation with current operators in relation to the introduction of a 5 year Private Hire operator’s licence, as required by the Deregulation Act 2015, be approved.

(2)        That the issuing of a 6 month operator’s licence for renewals and new applications between 1^st October 2015 and 31^st March 2016 be approved to enable full consultation to take place and to allow time to set an appropriate fee for a 5 year licence.

(3)        That the introduction of a 3 year driver’s licence be approved for all new applicants, in line with the requirements of the Deregulation Act 2015 and the current procedures for existing Hackney Carriage and Private Hire drivers.

(4)        That applicants over the age of 65 be allowed to continue to renew their driver’s licence on an annual basis, in line with the medical check requirement.

It was noted that Councillor Hartley had previously declared an interest in the following item, being a Magistrate, but advised that he had not dealt with the case concerned.

Report of Licensing Manager

The Committee received the report of the Licensing Manager to inform Members of the outcome of a recent court case in relation to a Private Hire driver.

Resolved:

That the report be noted.