Agenda and minutes

Minutes of the meeting held on 14 July 2016 (previously circulated). 

The Minutes of the meeting held on 14^th July 2016 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 9 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.

Update from the Chairman

The Chairman reported that on 2^nd June 2016, the Licensing Regulatory Committee had resolved:

“That the site licence conditions be varied to enable enforcement action to be taken, as follows:

(1)        To carry out a detailed survey to the reasonable satisfaction of the Licensing Authority of the site’s drainage system to assess its adequacy, suitability, effectiveness and weaknesses, and to make recommendations for permanent resolution of the blockage and surface flooding problems.  All survey and drainage works must be carried out by professionally qualified contractors.

(2)        To have and maintain in good working order a suitable and sufficient surface and foul water drainage system, which is capable of servicing all the caravans/mobile homes on site, and that the operator be required to provide a spare pump in the pump-house.

(3)        The surface and foul water drainage system must have adequate provision to protect against flooding and the loss of facilities that may reasonably be caused by flooding.

(4)        To have sufficient procedures and systems in place to ensure that any backed-up drainage effluent is removed immediately and in any event within 24 hours of notification of blockage.

(5)        To provide all residents with emergency contact details for the site manager and to ensure that the residents’ emergency contact details are kept up-to-date.

(6)        To display on a public noticeboard on or near the site reception area the emergency contact details for the site manager.

(7)        To have a suitable and sufficient emergency response system in place, which ensures that residents’ concerns are logged and responded to accordingly.

The Chairman advised Members that he would ask Health and Housing Services to report back to the Committee on 1^st September 2016.”

The Chairman reported that, on 9^th August 2016, he had been contacted by the Public Health Team Leader from Health and Housing Services, who had told him that the revised licence had been sent to the Broadfields Caravan Park owners, Britanniacrest.  At the end of the 28-day appeal period, Britanniacrest had informed the Council that they had appealed.  This had the effect of putting the new conditions on hold.  The Council had subsequently received a formal appeal notification from the Tribunal.

From a conversation with the Public Health Team Leader, the Chairman had learnt that:

·         The appellant (site owner) had said that they would be unavailable to attend a Tribunal until mid-September.

·         A decision on the date of the hearing would be decided by the Tribunal Service (not Council officers).  Officer experience was that the delay being requested was not unusual and was likely to be accepted by the Tribunal Service.

·         Depending on the date of the hearing, it may not be possible to provide any more information for the date of the next Licensing Regulatory Committee meeting on 13^th October 2016 and that it was likely to be reported to a subsequent meeting.

·         Health and Housing Services had contacted Mr. Bamborough (the residents’ representative who had spoken at the Committee meeting in June).  He had  ...  view the full minutes text for item 22.

Report of the Licensing Manager

The Committee received the report of the Licensing Manager to advise of a new public notice in the Lancaster Guardian showing amended details in connection with tariff 3 charges which, instead of reading £4.70 as previously advertised, should have read £4.90.  The normal representation period would apply and the deadline was 12^th September 2016. 

It was reported that members of the trade had previously been balloted on the increases approved by the Licensing Regulatory Committee on 2^nd June 2016 and had been informed that the increase in tariffs would be 10 pence.  No objections had been raised to any of the tariffs during the previous notice period.

Resolved:

That the report be noted.

The Committee is recommended to pass the following recommendation 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 the Committee itself to decide whether or not to consider 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 Mrs. Hobart’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. 25, in accordance with Section 100A(4) of the Local Government Act 1972.

Decision of the Committee:

That the matter be dealt with by way of a warning.

The meeting adjourned for 5 minutes.

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. Karim’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. 26, in accordance with Section 100A(4) of the Local Government Act 1972.

Decision of the Committee:

That no further action be taken in connection with Mr. Karim’s hackney carriage driver’s licence.

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. Taylor’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. 27, in accordance with Section 100A(4) of the Local Government Act 1972.

Decision of the Committee:

That no further action be taken in connection with Mr. Taylor’s hackney carriage and private hire driver’s licence.

Report of the Licensing Manager

The Committee received the report of the Licensing Manager to enable Members to consider whether to suspend or revoke Mr. Dixon’s hackney carriage vehicle licence or whether to take no further action.

Details of the individual case and the Chairman’s summary of the decision are set out in Exempt Minute No. 28, in accordance with Section 100A(4) of the Local Government Act 1972.

Decision of the Committee:

That it be noted that Mr. Dixon has now complied with the requirement to register his wheelchair accessible vehicle on Coastal Taxis’ system and had given assurances that all wheelchair accessible vehicles would be included on their system.