Agenda and minutes

To provide an opportunity for Members and Officers to declare any disclosable pecuniary and non-pecuniary 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.

There were no members of the public present.

To approve the minutes of the meeting held on 5 November 2012.

RESOLVED – That the minutes of the meeting held on 5 November 2012 be approved as a correct record and signed by the Chairman.

To receive the minutes of the following meetings:

Licensing Act Sub-Committee

25 October 2012

22 November 2012

General Licensing Sub-Committee

22 October 2012

19 November 2012

3 December 2012

17 December 2012

RESOLVED – That the minutes of the Licensing Act Sub-Committee meetings held on 25 October 2012 and 22 November 2012 and the General Licensing Sub-Committee meetings held on 22 October 2012, 19 November 2012, 3 December 2012 and 17 December 2012 be received.

To receive a presentation on Street Trading by the Licensing Team Leader and to consider a proposed Street Trading Policy.

The Committee received a presentation on Street Trading by the Licensing Team Leader and considered a report regarding a proposed Street Trading Policy.

All applications for a Street Trading Consent were processed in accordance with the policy or working practice adopted in each of the former Boroughs, as the Council did not have a Borough-wide Street Trading Policy.

RESOLVED - That the Licensing Team Leader be authorised to undertake formal consultation on the proposed Street Trading Policy, subject to the following amendments:

(a)    That the typographical errors in paragraphs 5.3 and 6.1 be corrected (objects to objections and training to trading).

(b)    That reference to recycling bins be added under the heading ‘Prevention of nuisance or annoyance’ in paragraph 7.1.

(c)    That applicants be required to consult with the relevant Council department with respect to the disposal of refuse.

(d)    That a condition be attached to each consent requiring refuse to be disposed of in accordance with the statement on the application form.

(e)    That the reference to (1) in the first sentence of the second paragraph under the heading ‘Street Trading – Street Designations (Macclesfield District)’ be clarified.

(f)     That on the second page of the application form ‘Trading Site’ (give Area...) be amended so that the examples given are not the names of former Borough Council areas.

To receive a presentation on Licensed Driver Penalty Points Schemes by the Licensing Team Leader and to consider a proposed penalty points scheme for Hackney Carriage and Private Hire Licensing.

The Committee received a presentation on Licensed Driver Penalty Points Schemes by the Licensing Team Leader and considered a report regarding a proposed Hackney Carriage and Private Hire Licensing Penalty Points Policy.

A penalty points scheme would ensure that minor breaches or misdemeanours were recorded and would identify licence holders whose actions fell short of what was expected or would cause the safety of the public to be undermined.  It would also give licence holders a clear indication of what was expected of them and what action the Council would take in respect of breaches of legislation, conditions, or byelaws, thereby raising compliance within the trade.

RESOLVED – That the Licensing Team Leader be authorised to undertake formal consultation on the proposed Hackney Carriage and Private Hire Licensing Penalty Points Policy, subject to the following amendments:

(a)    That the number of penalty points to be issued for 9 (Failure to display fare card) be 6.

(b)    That the number of penalty points to be issued for 10 (Failure to carry Driver/Vehicle Conditions in vehicle) be 6.

(c)    That the typographical error in 14 be corrected.

(d)    That the number of penalty points to be issued for 14 (Failure to carry a fire extinguisher, first aid kit, warning triangle, or fluorescent jacket) be 3 – 6 per item.

(e)    That the number of penalty points to be issued for 27 (Carrying more passengers than stated on the vehicle licence) be 12.

(f)     That the number of penalty points to be issued for 28 (Using a non-approved or non-calibrated taximeter) be 12.

(g)    That the number of penalty points to be issued for 42 (Carrying an offensive weapon in the vehicle) be 9 – 12.

(h)   That the typographical error in 54 be corrected.

(i)     That the trigger for referral of a licence holder to the General Licensing Sub-Committee be the accumulation of 12 or more penalty points in a 12 month rolling period OR 18 or more penalty points in the period during which the licence is held.