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 three clear working days’ notice, in writing, in order for an informed answer to be given.

There were no questions from members of the public.

To approve the minutes of the meeting held on 13 September 2010.

RESOLVED – That the minutes of the meeting held on 13 September 2010 be approved as a correct record and signed by the Chairman.

To receive the minutes of the Licensing Act Sub-Committee meeting held on 27 September 2010 and the General Licensing Sub-Committee meeting held on 14 October 2010.

RESOLVED – That the minutes of the Licensing Act Sub-Committee meeting held on 27 September 2010 and the General Licensing Sub-Committee meeting held on 14 October 2010 be received.

To consider the representations received in response to the consultation exercise on the regulation of performances of hypnotism under the Hypnotism Act 1952 and to determine the conditions to apply to authorisations relating to performances of hypnotism.

The Committee considered a report regarding a proposed set of conditions which would attach to authorisations relating to performances of hypnotism granted by the Council.

The draft conditions had been subject to a twelve week consultation exercise which concluded on 8^th October 2010.  Three representations had been received, including a suggestion that the conditions be amended to require the submission of an up-to-date copy of liability insurance with applications.

RESOLVED

(a) That the representations received during the consultation period be noted.

(b) That the conditions as set out at Appendix A of the report be attached to authorisations relating to performances of hypnotism, subject to condition 3 being amended to read as follows:

‘3. Insurance

a. The performance shall be covered by public liability insurance at a level which must be approved by the Licensing Authority. The hypnotist must provide evidence of this to the local authority 7 days prior to the performance and it must be available for inspection at the performance.’

To consider a proposal to re-adopt the provisions of Part II of the Local Government (Miscellaneous Provisions) Act 1976 within the Borough of Cheshire East.

The Committee considered a report regarding a proposal to re-adopt the provisions of Part II of the Local Government (Miscellaneous Provisions) Act 1976 within the Borough of Cheshire East.

Each of the three predecessor district Councils had made resolutions to adopt Part II of the 1976 Act, which contains provisions in relation to the licensing of private hire and hackney carriage vehicles, drivers and operators.  It was suggested that it would be beneficial to consolidate the adoption resolutions for the purpose of clarity for the future and to ensure certainty in any enforcement action taken under the legislation.

In response to a query regarding the estimated publicity costs for the statutory notices, the Solicitor stated that the cost would be kept as low as possible while adhering to the legislative requirements.

RESOLVED – That the Cabinet Member for Safer and Stronger Communities be recommended to authorise the Borough Solicitor, or officer acting on his behalf, to provide notice, in accordance with section 45 of the Local Government (Miscellaneous Provisions) Act 1976 (the 1976 Act), of the Council’s intention to pass a resolution to adopt the provisions of Part II of the 1976 Act in relation to the Council’s administrative area.