Agenda and minutes

Licensing Regulatory Committee - Tuesday, 25 August 2015 2.00 p.m.

Venue: District Council Chamber, South Lakeland House, Kendal

Contact: Paul Rogers 

Note: This meeting will convene on the rising of the Licensing Committee. Licensing Committee commences at 2.00 pm. 

Items
No. Item

LR/7

MINUTES pdf icon PDF 117 KB

To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Committee held on 9 June 2015 (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 9 June 2015.

LR/8

MINUTES OF LICENSING REGULATORY SUB-COMMITTEES pdf icon PDF 166 KB

To receive the minutes of the meetings of Licensing Regulatory Sub-Committee held on 22 June, 8 July and 27 July 2015 (copies attached) and for the Chairmen of the appropriate Sub-Committees to sign, as correct records.

Additional documents:

Minutes:

RESOLVED – That the minutes of the meetings of the Licensing Regulatory Sub-Committees held on 22 June, 8 July and 27 July 2015 be received and the Chairmen of the appropriate Sub-Committees be authorised to sign, as correct records.

LR/9

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 interest were raised.

LR/10

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 were no excluded items on the Agenda.

LR/11

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 before the commencement of 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 Democratic and Electoral Services Manager on 01539 717440.

 

(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 had been received.

LR/12

HACKNEY CARRIAGE AND PRIVATE HIRE LICENSING POLICY 2015 pdf icon PDF 169 KB

To consider approval of the draft Hackney Carriage and Private Hire Licensing Policy for a formal  8 week consultation process and the result be reported to the Licensing Committee in November 2015 for consideration before being forwarded to full Council.

Additional documents:

Minutes:

The Public Protection Manager presented a report asking the Committee to consider the approval for the draft Hackney Carriage and Private Hire Licensing Policy (also known as the Taxi Policy) to be subject to an eight week consultation period. The new Taxi Policy would provide a licensing framework for stakeholders within South Lakeland District Council.

 

An amended draft Policy which included additional information relating to Safeguarding, was distributed to Members during the meeting. In response to a query from a Member of the Committee, the Public Protection Manager said that she would investigate the most suitable method of informing the public about the Safeguarding section of the Policy should it be approved.

 

The Committee thanked the staff of the Licensing Team for their work on the Policy.

 

RESOLVED – That

 

(1)      approval be given for the draft policy, as attached at Appendix 1 to the report, to be subject to consultation with stakeholders over an eight week period commencing 26 August 2015 to 21 October 2015; and

         

(2)      the results of the consultation to be reported to the Licensing Regulatory Committee in November 2015 for consideration before being forwarded to full Council with any proposal for adoption.

LR/13

REVOCATION OF PRIVATE HIRE OR HACKNEY CARRIAGE DRIVER LICENCES pdf icon PDF 185 KB

To consider giving delegated authority to the Director of People and Places to revoke a private hire or hackney carriage drivers licence when immediate action is needed to safeguard the public.

Minutes:

The Public Protection Manager presented a report which asked Members to consider delegating authority to the Director People and Places when immediate action in revoking a private hire or hackney carriage driver’s licence was needed to safeguard the public.

 

Section 61 Local Government (Miscellaneous Provisions) Act 1976 allowed for a District Council to suspend or revoke a licence on the grounds that the holder:-

 

(a)      had been convicted of an offence involving dishonesty, indecency or violence;

(b)      had been convicted of a taxi/private hire related offence; or

(c)      for any other reasonable cause.

 

Following an outline of a proposed procedure in such cases presented by the Public Protection Manager, the Senior Solicitor provided clarification to Members on the legal implications surrounding the proposal and its implementation.

 

The Committee requested that, should the delegated authority be used, this be reported to the Licensing Regulatory Committee at the first suitable opportunity.

 

A discussion then took place on the consultation process which would be utilised prior to a decision being made and, as a result, an amendment to the report’s recommendation was requested to reflect that this consultation was an important procedural step.

 

RESOLVED – That the Director People and Places be given delegated authority to revoke a private hire or hackney carriage driver’s licence, after consultation with relevant Members and Service Managers, when immediate action is needed to safeguard the public.