Agenda and minutes

Licensing Regulatory Committee
Monday, 5 November 2018 2.00 p.m.

Venue: District Council Chamber, South Lakeland House, Kendal. View directions

Contact: Committee Services 

Items
No. Item

LR/14

Minutes pdf icon PDF 122 KB

To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Committee held on 20 August 2018 (copy attached).

Minutes:

RESOLVED – That the Chairman be authorised to sign, as a correct record, the minutes of the meeting of the Committee held on 20 August 2018.

LR/15

Declarations of Interest

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

 

Members are reminded that, in accordance with the revised Code of Conduct, they are required to declare any disclosable pecuniary interests or other registrable 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.)

 

Members may, however, also decide, in the interests of clarity and transparency, to declare at this point in the meeting, any such disclosable pecuniary interests which they have already declared in the Register, as well as any other registrable or other interests.

 

If a Member requires advice on any item involving a possible declaration of interest which could affect his/her ability to speak and/or vote, he/she is advised to contact the Monitoring Officer at least 24 hours in advance of the meeting.

Minutes:

RESOLVED – That it be noted that no declarations of interested were raised.

LR/16

Local Government Act 1972 - Excluded Items

To consider whether the items, if any, in Part II of the Agenda should be considered in the presence of the press and public.

Minutes:

RESOLVED – That it be noted that there are no excluded items on the Agenda.

LR/17

Public Participation

Any member of the public who wishes to ask a question, make representations or present a deputation or petition at this meeting should apply to do so by no later than 0:01am (one minute past midnight) two working days before the meeting.  Information on how to make the application can be obtained by viewing the Council’s Website www.southlakeland.gov.uk or by contacting the Committee Services Team on 01539 733333.

 

(1)        Questions and Representations

 

            To receive any questions or representations which have been received from members of the public.

 

(2)        Deputations and Petitions

 

            To receive any deputations or petitions which have been received from members of the public.

Minutes:

RESOLVED – That it be noted that no questions, representations, deputations or petitions have been received in respect of this meeting.

LR/18

Review of Licensing Fees and Charges 2019/2020 and Draft Budget pdf icon PDF 173 KB

To consider the review of Licensing fees and charges for 2019/2020 and Draft Budget for this service area.

Additional documents:

Minutes:

The Principal Environmental Protection Officer presented a report which outlined the review of the Licensing Fees and Charges 2019/20 and the draft budget for the service area.

 

RESOLVED – That

 

(1)        the recommended fees for the financial year 2019/20, as set out in Appendix 1 to the report, and subject to approval by Council as part of the final budget-setting process, be endorsed; and

 

(2)        the following be noted:-

 

(a)        the nationally-set fees for 2019/20 as set out in Appendix 2 to the report; and

 

(b)        the latest draft budget estimates including the fees and charges for 2019/20 as set out in Appendix 1 to the report, prior to submission to Council for approval as part of the final budget report.

LR/19

Changes to South Lakeland District Council Hackney Carriage and Private Hire Licensing Policy pdf icon PDF 93 KB

To consider the revised Hackney Carriage and Private Hire Licensing Policy 2018.

Additional documents:

Minutes:

The Principal Environmental Protection Officer presented a report which outlined the changes to South Lakeland District Council’s Hackney Carriage and Private Hire Licensing Policy. He informed Members that the Policy had been adopted by South Lakeland District Council (SLDC) in December 2015. However, since that date there had been significant changes in the way agencies and organisations delivered the Driver and Vehicle Standards Agency (DVSA) taxi driver standards test and, following a number of high profile cases in the North West, there was now an emphasis on the safeguarding of vulnerable individuals. He explained that, as a result of the DVSA’s decision to no longer deliver the taxi driver standards test, SLDC had been working with an external agency to develop an approved test which would be delivered to all new applicants. It was proposed that drivers would be required to undertake mandatory safeguarding training, by attending an in-house training course or via the knowledge test. In addition, on 3 September 2018, SLDC had received a letter from Cumbria County Council which advised that there had been changes to parking and taxi ranks in Kendal. The letter from Cumbria County Council had been included at Appendix 2 to the report, and SLDC’s Hackney Carriage and Private Hire Licensing Policy had been amended to reflect the changes.

 

The Principal Environmental Protection Officer brought Members’ attention to the sections of the Policy which had been amended to reflect the changes and he also proposed a number of further amendments to the Policy which included:-

 

1)    Page 29 - ‘Drivers should’ – to be replaced with ‘Drivers shall’;

 

2)    Page 32 - Appendix F: Testing of Applicants – (2.0) Local Geography - the following sentence to be added ‘The Local Authority will also include some questions on safeguarding’; and

 

3)    Page 33 - (8.0) General – the following sentence to be added ‘If any safeguarding questions are failed, irrespective of overall pass rate, the test result will be a fail’.

 

The Principal Environmental Protection Officer answered questions from Members and provided further clarity regarding the report and the proposed revisions to the Policy. In response to a query on how the Council would control those who come into the area to operate, the Principal Environmental Protection Officer undertook to provide a written response.

 

RESOLVED - That

 

(1)        the report be noted; and

 

(2)        subject to the amendments raised at the meeting and outlined above, the revised Hackney Carriage and Private Hire Licensing Policy, at Appendix 1 to the report, be adopted.

LR/20

Introduction of the Animal Welfare (Licensing of Activities involving animals) (England) Regulations 2018 pdf icon PDF 117 KB

To consider the new animal licensing regime which came into force on the 1 October 2018.

Additional documents:

Minutes:

The Environmental Protection Officer presented the report which introduced the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018, and its associated fees. He advised Members that the Regulations had come into force on 1 October 2018 and had changed the way animal boarding establishments, dog breeding establishments, pet shops and riding establishments were licensed. The Regulations had also introduced responsibilities which related to the licensing of keeping animals for exhibition. The Environment Protection Officer highlighted the types and number of licences currently issued by South Lakeland District Council. He outlined the changes to the licensing and inspection process and advised Members that during the transitional period for the new legislation, existing licences would continue to their stated expiry date and then be renewed under the new Regulations.

 

The Environmental Protection Officer and the Solicitor to the Council responded to questions from Members.

 

RESOLVED – That

 

(1)        the report be noted; and

 

(2)        the fees payable in connection with animal licensing applications for the period 1  October 2018 onwards, as detailed in Appendix 2 to the report, be agreed and included as part of the normal budget setting process.