Agenda and minutes

To provide an opportunity for Members and Officers to declare any personal and/or prejudicial interests in any item on the agenda.

There were no declarations of interest.

In accordance with Procedure Rules Nos.11 and 35, a total period of 10 minutes is allocated for members of the public to address the Committee on any matter relevant to the work of the Committee.

Individual members of the public may speak for up to 5 minutes but the Chairman 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.

In accordance with Procedure Rules 11 and 35, Mr Gillick, Mr Clowes and Mr Stennett addressed the Committee in relation to Item 9: Hackney Carriage Vehicle Conditions.

Note: With the agreement of the Chairman, Mr Gillick, Mr Clowes and Mr Stennett spoke prior to the Committee’s consideration of the relevant item of business.

To approve the minutes of the meeting held on 12 September 2011.

RESOLVED – That the minutes of the meeting held on 12 September 2011 be approved as a correct record and signed by the Chairman.

To receive the minutes of the following meetings:

Licensing Act Sub-Committee

6 June 2011

13 June 2011

22 July 2011

15 August 2011

26 August 2011

8 September 2011

23 September 2011

28 October 2011

3 November 2011

2 December 2011

22 December 2011

General Licensing Sub-Committee

20 June 2011

27 July 2011

31 October 2011

28 November 2011

RESOLVED – That the minutes of the Licensing Act Sub-Committee meetings held on 6 June 2011, 13 June 2011, 22 July 2011, 15 August 2011, 26 August 2011, 8 September 2011, 23 September 2011, 28 October 2011, 3 November 2011, 2 December 2011 and 22 December 2011 and the General Licensing Sub-Committee meetings held on 20 June 2011, 27 July 2011, 31 October 2011 and 28 November 2011 be received.

To consider a report on draft byelaws relating to the regulation of acupuncture, tattooing, semi-permanent skin colouring, cosmetic piercing and electrolysis.

The Committee considered a report regarding proposed draft byelaws relating tothe regulation of acupuncture, tattooing, semi-permanent skin colouring, cosmetic piercing and electrolysis.

Byelaws dealing with the regulation of such activities were in force in the Crewe and Congleton areas of the Borough as a result of original adoptions made by the predecessor district councils.  There were no byelaws in force in the Macclesfield area.  The adoption of a set of byelaws in relation to the Borough of Cheshire East as a whole would ensure a consistent approach to regulation across the Borough and would assist in reducing the risk of blood borne disease transmission.

RESOLVED

(a)    That, subject to consultation, the Borough Solicitor, or an officer acting on her behalf, be authorised to submit the draft byelaws attached as an appendix to the report to the Department of Health for provisional approval; and

(b)       That, subject to provisional approval being received from the Department of Health, the following resolutions be recommended to Council:

1.    That the byelaws relating to the regulation of acupuncture, tattooing, semi-permanent skin colouring, cosmetic piercing and electrolysis attached as an appendix to the report be approved and authorisation be provided for the affixing of the common seal of the Council to the byelaws; and

2.    That the Borough Solicitor, or officer acting on her behalf, be authorised to carry out the relevant statutory procedures in relation to the making of the byelaws and to apply to the Secretary of State for confirmation of the byelaws.

To consider a report on the potential harmonisation of the hackney carriage ‘table of fares’ across the three hackney carriage zones within the Borough of Cheshire East.

The Committee considered a report regarding the potential harmonisation of the ‘table of fares’ across the three hackney carriage zones within the Borough.

RESOLVED

(a)    That, subject to consultation, the existing tariffs in the Congleton and Macclesfield hackney carriage zones be harmonised with those of the Crewe and Nantwich zone.

(b)  That the Borough Solicitor, or officer acting on her behalf, be authorised to publish the relevant notices of variation, making provision for any objections to be submitted within the statutory consultation period of fourteen days; and

(c)  That, if no objections are received within the statutory consultation period in response to the notices of variation published in accordance with (b) above (or if any such objections which are received are withdrawn), the relevant tables of fares will come into operation in the relevant zones on the date of the expiration of the consultation period (or, if later, on the date that the last objection, if any, is withdrawn). If objections are received and not withdrawn they will be reported to a subsequent meeting of the Licensing Committee for consideration.

To consider a report on the consultation responses received in relation to the proposed amendment of condition 2.7 of the Private Hire Vehicle Conditions and the accompanying vehicle test guidelines.

The Committee considered a report regarding consultation responses received in relation to the proposed amendment of condition 2.7 of the Private Hire Vehicle Conditions and the accompanying vehicle test guidelines.

RESOLVED

(a)    That the existing condition 2.7 of the private hire vehicle conditions be deleted and replaced with: “All glazing shall comply with the Road Vehicles (Construction and Use) Regulation 1986 (as amended)”

(b)    That the draft Private Hire Vehicle test guidelines be approved, subject to the following amendments:

·                That Point 16 be amended to read as follows:

Condition of spare tyre: Must meet the MOT requirements.

Space saver tyres: Slim/space saver type must be to manufacturer specification;

Tyre inflation devices: Spare tyre may be replaced by an approved specified inflation system.

·                That Point 19 be amended to clarify that tools such as the jack and wheel brace would not be required for vehicles not fitted with a spare wheel.

·                That Point 25 be amended to clarify that ‘patch’ repairs are unacceptable but welding repairs of whole new panels to manufacturer’s specification are acceptable.

·                That Point 43 be amended to state that tyre tread must comply with MOT requirements.

·                That the requirement in Point B2 to produce an LPG certificate be removed from the test guidelines and added to the application procedure.

The Committee considered a report regarding consultation responses received in relation to a proposed set of hackney carriage vehicle conditions and vehicle test guidelines to apply in each of the three hackney carriage zones.

RESOLVED

(a)       That the draft hackney carriage vehicle conditions attached as Appendix A to the report be approved, subject to the following amendment:

·                That Condition 1.3 be deleted and replaced with the existing equivalent condition in each hackney carriage zone.

(b)       That further consultation be undertaken in relation to the proposed requirement for all vehicles presented for a new hackney carriage vehicle licence to be purpose-built wheelchair accessible vehicles.

(c)       That the draft hackney carriage vehicle test guidelines be approved, subject to the following amendments:

·                That Point 17 be amended to read as follows:

Condition of spare tyre: Must meet the MOT requirements.

Space saver tyres: Slim/space saver type must be to manufacturer specification;

Tyre inflation devices: Spare tyre may be replaced by an approved specified inflation system.

·                That Point 20 be amended to clarify that tools such as the jack and wheel brace would not be required for vehicles not fitted with a spare wheel.

·                That Point 26 be amended to clarify that ‘patch’ repairs are unacceptable but welding repairs of whole new panels to manufacturer’s specification are acceptable.

·                That Point 44 be amended to state that tyre tread must comply with MOT requirements.

·                That the requirement in Point B2 to produce an LPG certificate be removed from the test guidelines and added to the application procedure.