Agenda and minutes

Cabinet Member for Communities and Regulatory Services - Monday, 7th January, 2013 9.30 am

Venue: Committee Suite 1 & 2, Westfields, Middlewich Road, Sandbach CW11 1HZ. View directions

Contact: Paul Mountford  Democratic Services Officer

Items
No. Item

1.

Declarations of Interest

To provide an opportunity for Members and Officers to declare any disclosable pecuniary and non-pecuniary interests in any item on the agenda.

Minutes:

There were no declarations of interest.

 

2.

Public Speaking Time/Open Session

In accordance with Procedure Rules Nos.11 and 35 a period of 10 minutes is allocated for members of the public to address the meeting on any matter relating to the work of the body in question.  Individual members of the public may speak for up to 5 minutes but the Chairman or person presiding will decide how the period of time allocated for public speaking will be apportioned where there are a number of speakers. Members of the public are not required to give notice to use this facility. However, as a matter of courtesy, a period of 24 hours’ notice is encouraged.

 

Members of the public wishing to ask a question at the meeting should provide at least three clear working days’ notice in writing and should include the question with that notice. This will enable an informed answer to be given.

 

 

Minutes:

There were no members of the public present.

 

3.

Hackney Carriage Table of Fares pdf icon PDF 55 KB

To consider a report seeking a decision on the Hackney Table of Fares so that consultation can be undertaken with the Hackney Carriage trade.

Additional documents:

Minutes:

The Cabinet Member considered a report on the Hackney Table of Fares and the consultation carried out to date.

 

Following consultation on the harmonisation of the Tables of Fares, agreement had been reached with the Congleton and Macclesfield Zones on the following – the Crewe and Nantwich Zone had chosen not to engage in the process:

  • a harmonised structure based on a fixed rate for the first mile or part there of
  • the subsequent mile rate to be £0.22 per 1/10th mile or part there of
  • Tariff 2 to operate from 9 pm to 12 am at the flag rate plus a set percentage
  • Tariff 3 to operate from 12 am to 7 am at the flag rate plus 50%
  • Soling charge to be £50.00

 

Additional agreements had been reached regarding Sundays, public holidays and Christmas and the rates that applied.

 

No further agreement had been reached on the harmonisation of the flag/first mile rate. 

 

Following consideration at the Licensing Committee on 5 November 2012, the Committee had resolved:

 

“1         That the Cabinet Member for Communities and Regulatory Services be recommended to approve for further consultation the agreed structure with a flag/first mile rate of £3.50 and Tariff 2 set at the flag rate plus 20%;

 

2          That, in the view of the extensive consultation that had already been undertaken, the Cabinet Member for Communities and Regulatory Services be recommended to approve a reduction in the consultation period to six week.”

 

RESOLVED:  That

 

(1)       the recommendations of the Licensing Committee on 5 November 2012 be noted;

 

(2)       consultation be undertaken based on a flag rate of £3.50 and Tariff 2 set at the flag rate plus 20%;

 

(3)       the consultation be conducted for a six week period.

4.

Dangerous Tree at 44 Arlington Drive, Macclesfield - Use of Powers under the Local Government Act (Miscellaneous Provisions) Act 1976 pdf icon PDF 2 MB

To consider a report requesting action be taken under the Local Government Act (Miscellaneous Provisions) Act 1976 to make safe a dangerous tree.

 

The Cabinet Member has agreed that this item can be added as an item of urgent business.  An urgent decision is required as the tree is considered to be in imminent danger of causing damage to persons or property.

Minutes:

In accordance with Section 100B(4)(b) of the Local Government Act 1972 the Cabinet Member had agreed that this could be added as an item of urgent business as approval was required so that action could be taken as soon as possible on the dangerous tree.

 

The Cabinet Member considered a report requesting action be taken under the Local Government Act (Miscellaneous Provisions) Act 1976 to make safe a dangerous tree in the garden of 44 Arlington Drive, Macclesfield. 

 

Under the Local Government (Miscellaneous Provisions) Act 1976, the Council had discretionary powers to make safe dangerous trees as a means of last resort in order to avoid causing “damage to persons or property.” 

 

The owners of 42 Arlington Drive, Macclesfield, had contacted the Council in June 2012 about a tree within the front garden of 44 Arlington Drive which had been assessed as being in a dangerous condition.  Attempts to resolve the situation since that date had failed and it was considered that the only means now available was to use the powers contained within the Act.

 

RESOLVED:

 

That the Heritage and Design Manager and the Borough Solicitor be authorised to use the powers detailed within section 23 and 24 of the Local Government Act (Miscellaneous Provisions) Act 1976 to make safe a Laburnum Tree within the front garden of 44 Arlington Drive, Macclesfield.