Agenda and minutes

Licensing Committee - Friday, 13th February, 2009 10.00 am

Venue: The Capesthorne Room - Town Hall, Macclesfield, SK10 1EA. View directions

Contact: Julie Zientek - 01270 529641 

Items
No. Item

21.

APOLOGIES FOR ABSENCE

Minutes:

Apologies for absence were received from Councillors Mrs E Gilliland and M Parsons.

22.

DECLARATIONS OF INTEREST

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

Minutes:

A number of Councillors who were existing Borough Councillors and Town and Parish Councillors declared a personal interest in the business of the meeting en bloc.

23.

PUBLIC SPEAKING TIME/OPEN SESSION

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.

 

Note: In order for officers to undertake any background research it would be helpful if questions were submitted at least one working day before the meeting.

Minutes:

In accordance with Procedure Rule 35, Mr Davies and Mr Gillick asked a number of questions regarding the proposed fees with respect to taxi licensing and the consultation process which had been undertaken, and the Chairman responded.

24.

MINUTES OF PREVIOUS MEETING

To approve the Minutes of the Meeting held on 14 January 2009.

Minutes:

RESOLVED – That the minutes of the meeting held on 14 January 2009 be approved as a correct record.

25.

FEES AND CHARGES

To consider the consultation responses received and to determine the fees to be charged by the Council in relation to the licensing of hackney carriage and private hire vehicles, drivers and operators.

Minutes:

The Committee considered a report detailing the responses received from the licensed trade regarding the proposed fees in relation to taxi licensing which had been approved for statutory consultation by the Licensing Committee at its meeting on 19 December 2008.

 

RESOLVED

 

(a)  That consideration of the proposed fees and charges be deferred to a future meeting of the Committee, to be held at the end of March.

 

(b)  That the proposed fee for a six month test be reduced from £100 to £75 and that all proposed fees in relation to taxi licensing and charges be republished.

 

(c)  That a further consultation exercise be undertaken with all licensed drivers, operators and proprietors.

 

(d)  That the Community Safety Manager be requested to provide the Committee with a detailed breakdown of the costs involved in the issue and administration of licences.

 

(e)  That the Community Safety Manager be requested to provide the Committee with copies of all representations received during the consultation process.

 

[Note:  Following consideration of this item, the meeting was adjourned from 11.05 am to 11.15 am to allow members of the public to leave the room.]

26.

TERMS OF REFERENCE

To consider amended terms of reference for the Licensing Committee and its Sub-Committees.

Minutes:

The Committee considered a report relating to amended terms of reference for both the full Licensing Committee and its Sub-Committees.

 

At its meeting on 19 December, the Committee had approved both its terms of reference and the delegation of functions between the full Committee, Sub-Committees and Officers.  The Committee had noted that the terms of reference may be subject to amendment as decisions were taken across the Council with respect to the allocation of functions between service areas.

 

The amended terms of reference incorporated certain additional functions, set out those licensing and registration functions covered within a schedule to the terms of reference and illustrated the previous decision of the Committee in relation to the separation of the functions between the full Committee and the Sub-Committees.

 

RESOLVED – That the amended terms of reference relating to the Licensing Committee and its Sub-Committees be approved.

27.

STATEMENT OF LICENSING POLICY - LICENSING ACT 2003

To consider the consultation responses received and to recommend the draft policy to Council.

Minutes:

The Committee considered a report detailing the responses which had been received from stakeholders following the approval of the draft Statement of Licensing Policy for statutory consultation by Cabinet at its meeting on 17 December 2008.

 

RESOLVED – That, subject to the following amendments, Council be recommended to approve the draft Statement of Licensing Policy under the Licensing Act 2003:

 

·        A sentence to be inserted in paragraph 3.3.1 to reflect the wording of the guidance regarding the occurrence of crime and disorder and public nuisance immediately outside licensed premises.

 

  • Paragraph 5.6 to include a definition of small and large scale temporary events.

 

·        The second sentence of paragraph 6.5 to be amended to read: ‘It is also recognised that a capacity limit should not be imposed by way of condition on the basis of fire safety grounds as under article 43 of the Fire Safety Order.’

28.

STATEMENT OF PRINCIPLES - GAMBLING ACT 2005

To consider the consultation responses received and to recommend the draft policy to Council.

Minutes:

The Committee considered a report detailing the responses which had been received from stakeholders following the approval of the draft Statement of Principles for statutory consultation by Cabinet at its meeting on 17 December 2008.

 

RESOLVED – That, subject to the addition of a list of consultees, Council be recommended to approve the draft Statement of Principles under the Gambling Act 2005.

29.

DATE OF NEXT MEETING

To note the time, date, and venue of the next meeting:  10am on Friday 13 March 2009 in the Council Chamber, Municipal Buildings, Crewe.  

Minutes:

The Chairman reported that the next meeting of the Licensing Committee was scheduled to take place at 10am on Friday 13 March 2009 in the Council Chamber, Municipal Buildings, Crewe.

 

RESOLVED – That the time, date, and venue of the next meeting be noted.

 

 

 

 

Councillor P Whiteley (Chairman)