Agenda and minutes

Licensing Regulatory Committee - Thursday, 10 December 2015 2.10 p.m.

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

Contact: Paul Rogers 

Note: This meeting will convene on the rising of the Licensing Committee. Licensing Committee commences at 14.00 

Items
No. Item

LR/20

MINUTES pdf icon PDF 594 KB

To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Committee held on 10 November 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 10 November 2015.

LR/21

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/22

MINUTES OF LICENSING REGULATORY SUB-COMMITTEES pdf icon PDF 171 KB

To receive the minutes of the meetings of Licensing Regulatory Sub-Committees held on 11 November 2015 and 18 November 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 11 and 18 November 2015 be received and the Chairmen of the relevant Sub-Committees be authorised to sign them, as correct records.

LR/23

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/24

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/25

THE GAMBLING ACT 2005 - REVISED STATEMENT OF GAMBLING POLICY pdf icon PDF 164 KB

To consider the revised Statement of Gambling Licensing Policy which has been subject to a consultation process prior to the revised Policy being forwarded to full Council for adoption.

Additional documents:

Minutes:

The Principal Food, Licensing and Safety Officer presented a report which requested that Members consider the revised Statement of Gambling Policy following a formal consultation, and prior to its being forwarded to Council for adoption. She drew attention to a change in the Gambling Commission’s ‘Guidance to Licensing Authorities’ which had been updated from the Fourth Edition to the Fifth Edition during the Policy’s consultation period. She explained that, as a result of this update, the Policy had been updated to refer to the Fifth Edition Guidance. An amendment to the recommendation within the report was requested by the Principal Food, Licensing and Safety Officer in order that some minor, non-substantive typographical issues be addressed, in addition to a small number of issues relating to cross-referencing between the Policy and the updated Guidance.

 

The Principal Food, Licensing and Safety Officer explained that the changes to the previously adopted Policy were minor, and that the main difference related to the introduction of Local Area Profiling and Risk Assessment.  Following questions raised by Members, she reported that the Licensing Team had raised the Committee’s concerns surrounding gambling with the Institute of Licensing and the Gambling Commission, and would continue to do so.

 

Clarification was sought on those involved within the consultation and this was provided by the Principal Food, Licensing and Safety Officer.

 

RESOLVED – That

 

(1)      the consultation undertaken with stakeholders and the responses to that consultation, as outlined within the Report, be noted and endorsed; and

 

(2)      Council be recommended to adopt the Statement of Gambling Licensing Policy, as attached to the Report (as Appendix 1), subject to the Director People and Places being authorised to make any necessary amendments of a minor typographical and cross-referencing nature, prior to the publication of the finalised Policy.

LR/26

HACKNEY CARRIAGE AND PRIVATE HIRE LICENSING POLICY 2016 pdf icon PDF 214 KB

To consider the results of the formal consultation process undertaken in respect the Hackney Carriage and Private Hire Licensing Policy prior to adoption.

Additional documents:

Minutes:

The Principal Food, Licensing and Safety Officer presented a report which asked Members to consider the results of the formal consultation in respect of of the Hackney Carriage and Private Hire Licensing Policy 2016, including guidelines on CCTV systems in licensed Hackney Carriage and Private Hire Vehicles, and the adoption of the same. She explained that 16 individual responses had been received through the consultation, and that the main issues raised surrounded medicals, renewals, and spare tyre provision. No comments had been made on the CCTV proposal.

 

A discussion took place regarding the 2014 Glasgow bin lorry crash and how the resulting fatal accident inquiry would impact the proposed Policy. The Committee expressed its concern with regard to the importance of drivers volunteering information on health issues, and requested an amendment to the recommendation within the report to allow any necessary amendments to be made following the Policy’s proofing against the inquiry.

 

Following a question from a Member of the Committee, the Solicitor to the Council provided clarification about pedicabs and novelty vehicles within South Lakeland.

 

RESOLVED – That

 

(1)      the consultation undertaken with stakeholders, during the period of 31 August to 19 October 2015, and the response to that consultation as outlined within paragraph 4.3 of the Report, be noted;

 

(2)      subject to the Director People and Places being authorised to make any amendments necessary to take into account the conclusions of the recent Fatal Accident Inquiry into the 2014 Glasgow bin lorry crash, in consultation with the Chairman of the Licensing Regulatory Committee, the Hackney Carriage and Private Hire Licensing Policy, as set in Appendix 1 to the Report, be adopted; and

 

(3)      the ‘Guidelines for CCTV systems in licensed Hackney Carriage and Private Hire Vehicles’, as set out in Appendix 2 to the Report, be adopted as part of the Hackney Carriage and Private Hire Licensing Policy.