Agenda and minutes

Minutes of meeting held on 25 August, 2022 (previously circulated). 

The minutes of the meeting held on 25^th August 2022 were signed by the Chair as a correct record.

There were no items of urgent business.

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

Councillors 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, Councillors 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, Councillors 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. 

Cllr Gardiner declared an interest in Agenda Item 8 as he had used the kennels.  He advised the meeting that he would leave the meeting prior to consideration of the item.

Cllr Maddock declared an interest in relation to Agenda Item 8 having used the services of the applicant’s solicitor in the past but was satisfied that she would be able to hear the application in an impartial and fair manner. 

Cllr Maddock declared a further interest in Agenda Item 8 having used their dog grooming services approximately eighteen months ago but was satisfied that she could hear the application fairly and impartially.

Report of the Licensing Manager

The Licensing Officer introduced a report to enable the Committee to consider a request from Mr Peter Hobart to issue his private hire vehicle with a s75(3) Local Government (Miscellaneous Provisions) Act 1976 exemption notice which would exempt Mr Hobart’s private hire vehicle from displaying licence plates. The Committee were also requested to consider his request to waiver the licensing conditions in relation to door signs and stickers.

Mr Hobart attended the Committee and answered questions. It was noted that the vehicle would be exclusively used in relation to transport contracts arranged with the MOD via an online booking/auction system with work being confirmed by email and that the vehicle would be pre-booked with payment being made via invoice. The Committee heard that the work frequently involved transporting injured military personnel and on occasions entry to base/camps had been refused when Mr Hobart had been undertaking the work in his hackney carriage due to it displaying badges/taxi licence plates.

The Committee inspected the vehicle that would be subject to the exemption and waiver if agreed and noted that Officers were satisfied that Mr Hobart’s request for an exemption met the requirements with the private hire/hackney carriage policy.

The Committee determined that the vehicle was suitable in terms of its executive status and considered that the exemption would go towards encompassing the Armed Forces Covenant that the Council was a member of.

Mr Hobart and the Licensing Officers left the meeting whilst the Committee deliberated.

It was proposed by Councillor Pattison, seconded by Councillor Greenall:

“That Mr Hobart be issued with a s76(3) exemption notice and the request to waiver the vehicle licence conditions in relation to door signs and stickers be approved.”

Upon being put to the vote Members voted unanimously in favour of the proposition, whereupon the Chair declared the proposition carried.

Resolved:

That Mr Hobart be issued with a s76(3) exemption notice and the request to waiver the vehicle licence conditions in relation to door signs and stickers be approved.

Report of the Licensing Manager

The Licensing Manager presented a report regarding the membership of the Taxi and Private Hire Working Group. Due to changes in the membership of the Licensing Committee Members the Committee were asked to consider appointing further members to the working group and whether it would be acceptable for Cllr Guiding to continue to attend the working group meetings in her capacity as disability champion.

Cllrs Blaikie and Pattison expressed an interest on being appointed to the working group and the Committee agreed that Cllr Guilding should continue to attend the meetings.

Resolved:

That Councillors Blaikie and Pattison be appointed to the Taxi and Private Hire Working Group and that Cllr Guilding continue to attend meetings of the working group in her capacity as disability champion.

Having declared an interest in the following item Councillor Gardiner left the meeting at this point.

The Committee is recommended to pass the following recommendation in relation to the following item: 

“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 item of business, on the ground that it could involve the possible disclosure of exempt information, as defined in paragraph 1 of Schedule 12A of that Act.” 

Councillors are reminded that, whilst the following item has been marked as exempt, it is for the Committee to decide whether or not to consider it in private or in public.  In making the decision, Councillors 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, Councillors should also be mindful of the advice of Council officers. 

The Chair advised Members that it had been recommended to exclude the press and public from the meeting for the following item of business on the grounds that it could involve the possible disclosure of exempt information.

It was moved by Councillor Mike Greenall and seconded by Councillor Hamilton-Cox:

“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 item of business, on the grounds that it could involve the possible disclosure of exempt information, as defined in Paragraph 3 of Schedule 12A of that Act.”

A vote was taken and unanimously carried.

Report of the Animal Licensing Manager  (report published on 7.10.22)

The Committee received a report from the Animal Licensing Manager to enable Members to assess the recent inspection of A and T Trained Dogs (trading as

Heronswood Canine Retreat), in relation to a renewal application for a “Selling Animals as Pets” Licence.

Whilst the press and public were excluded from the meeting the Monitoring Officer determined that there was a public interest in publishing the decision notice following the Licensing Committee’s consideration of the item.

Details of the individual case and the Chair’s summary of the decision are attached to the Minutes.

Decision of the Committee:

(1)             That Mr Jarousi’s renewal application for a Selling Animals as Pets Licence be approved with the licence at 2 stars and for a 1-year period.

(2)             That the application to vary the Boarding Kennels Licence be refused at this time with the decision to vary the Boarding Kennels Licence in respect of the maximum number of dogs permitted on the licence delegated to the Animal Licensing Manager upon him being satisfied that that the staffing ratio and evidence of qualifications/ competence is sufficient for the increase that is being requested.