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 23 May 2013.

RESOLVED – That the minutes of the meeting held on 23 May 2013 be approved as a correct record and signed by the Chairman.

To receive the minutes of the following meetings:

Licensing Act Sub-Committee

24 May 2013

General Licensing Sub-Committee

3 June 2013

RESOLVED – That the minutes of the Licensing Act Sub-Committee meeting held on 24 May 2013 and the General Licensing Sub-Committee meeting held on 3 June 2013 be received.

To consider a proposed Street Trading Policy.

The Committee considered a report regarding a proposed Borough-wide Street Trading Policy.

Following consideration of the draft policy at the Licensing Committee meeting on 14 January 2013, consultation had been undertaken but no responses had been received.

RESOLVED – That the Street Trading Policy as set out in the appendices to the report be adopted with immediate effect, subject to the word ‘Constable’ being replaced with ‘police officer’ in the tenth bullet point of Appendix C (Street Trading Consent – Conditions).

To consider a proposed penalty points scheme for Hackney Carriage and Private Hire Licensing.

The Committee considered a report regarding a proposed Hackney Carriage and Private Hire Licensing Penalty Points Policy.

Following consideration of the draft policy at the Licensing Committee meeting on 14 January 2013, consultation had been undertaken and a number of responses had been received.

RESOLVED

(a)  That the Hackney Carriage and Private Hire Licensing Penalty Points Policy as set out in the appendices to the report be approved, subject to the following amendments to the list of offences, breaches and misdemeanours (Appendix A) and the penalty points form (Appendix B):

• That the words ‘or disrespectful behaviour’ be deleted from offence 34.

• That offence 54 be amended to read: ‘Obstructing an authorised officer or police officer’

(b) That the Hackney Carriage and Private Hire Licensing Penalty Points Policy be applied to all licence holders with effect from 1 September 2013.

To consider a proposed revised convictions policy for joint hackney carriage / private hire drivers.

The Committee considered a report regarding a proposed revised policy in relation to the suitability of applicants and licence holders where relevant information may give cause for concern.

Following consideration of the draft policy at the Licensing Committee meeting on 5 November 2012, consultation had been undertaken and a number of responses had been received.

RESOLVED

(a)  That the Convictions Policy for Hackney Carriage and Private Hire Drivers as set out in Appendix 1 to the report be adopted, subject to the following amended wording:

Proven Complaints of rude or aggressive Behaviour

In less serious cases a written warning of future conduct may be given.  However, if the nature or level of aggression leads the Licensing Authority to be concerned about public safety, this may result in the refusal to renew, suspension, or revocation of a licence.

In all other cases where an alleged offence has been committed and not listed within this Policy, the Licensing Authority will deal with each case on its own merit.

Foreign Offences

Offences from any jurisdiction outside the United Kingdom of Great Britain and Northern Ireland must be declared in full. For applicants not of British Nationality a Certificate of Good Conduct/Behaviour must be provided from their Country of Origin. For applicants who have not lived in the UK for any part of the previous 5 years, a Certificate of Good Behaviour must be provided from all countries in which they have lived.

The Licensing Authority will deal with foreign offences in a similar way to comparable offences under UK law.

(b) That the Convictions Policy for Hackney Carriage and Private Hire Driversbe applied to all new applicants and to existing licensed drivers in respect of any convictions/ endorsements etc which have not previously been considered.

To consider a draft revised Statement of Licensing Policy.

The Committee considered a report regarding a draft revised Statement of Licensing Policy.

The Council was required to review its existing statement of Licensing Policy and publish a revised version by no later than 31 January 2014.

RESOLVED

(a) That the Cabinet Member for Communities and Regulatory Services be recommended to approve for consultation the draft revised Statement of Licensing Policy as set out in Appendix 1 to the report.

(b) That officers be requested to consider including the local safeguarding adults board in the list of agencies being consulted.