Agenda and minutes

Licensing Committee
Friday, 21st November, 2014 9.30 am

Venue: The Executive Meeting Room - Third Floor, The Guildhall. View directions

Contact: Lucy Wingham 02392 834662  Email: lucy.wingham@portsmouthcc.gov.uk

Items
No. Item

4.

Apologies for Absence

Minutes:

Apologies for absence were received from Councillors Gerald Vernon-Jackson, David Fuller and Stuart Potter. Standing deputy Councillor Colin Galloway was in attendance for Councillor Potter.

5.

Declarations of Members' Interests

Minutes:

There were no declarations of interest.

6.

Minutes of the Licensing Policy Committee meeting held on 10 January 2014 pdf icon PDF 61 KB

The minutes of the meeting held on 10 January 2014 are attached.

 

RECOMMENDED that the minutes of the Licensing Policy Committee meeting held on 10 January 2014 be agreed and signed by the chair as a correct record.

Minutes:

The minutes of the meeting of the Licensing Policy Committee held on 10 January 2014 were agreed as a correct record and duly signed by the chair.

7.

Hackney Carriage and Private Hire Policy Review - Consideration of options for review of current policy guidelines pdf icon PDF 261 KB

Purpose

The purpose of this report is for the Licensing Committee to give approval, in principle, for the Head of Health, Safety and Licensing to undertake a thorough review of hackney carriage and private hire policy in respect of drivers, vehicles and private hire operators.  Report attached.

Minutes:

The Licensing Manager introduced the report and explained that the proposal to review the current policy guidelines originated from a request from members. The last major review was undertaken in 2001 and it was therefore felt to be appropriate for a further full review to be carried out.

 

DECISION: the committee resolved to;

(1)  Authorised the Head of Health, Safety and Licensing to undertake a thorough review of hackney carriage and private hire policy in relation to vehicles, drivers and operators and report back to a future meeting of the Licensing Committee.

(2)  Agreed that officers meet with recognised hackney carriage and private hire trade representatives, private hire operators and other relevant forums/bodies to discuss any proposed policy initiatives.

8.

Annual Review of Licensing Fees pdf icon PDF 383 KB

Purpose

The purpose of this report is for the committee to consider a review of the non-statutory fees charged for licences/registrations which are administered by the Licensing Committee.  Report attached.

Minutes:

The Licensing Manager introduced the report and explained that it has always been the aim of the committee to work towards total cost recovery where possible. The trade representatives had given a clear indication that they wished to continue with option 3 in the report, the staged approach over 5 years.

 

Additional information relating to hackney carriage and private hire fees and charges at other local authorities (of a similar demographic to Portsmouth) and a fees & charges table comparable with our neighbouring local authorities was circulated to members.

 

DECISION: The committee noted the contents of the report and agreed to an immediate increase in fees to achieve full cost recovery (as per Option 1 of the report) and the approved fees be implemented with immediate effect. The Head of Health, Safety and Licensing was granted delegated authority to advertise (where appropriate) such fees and charges that are subject to any formal public statutory consultation.

9.

Schedule 5, Local Government (Miscellaneous Provisions) Act 1982 and sections 115A - 115K Highways Act 1980 - Provision of Highway Amenities - Determination of Policy, Guidelines and other Associated Matters pdf icon PDF 258 KB

A report by the Licensing Manager is attached.

Additional documents:

Minutes:

The City Centre Manager was in attendance for this item.

 

The Licensing Manager introduced the report and explained that currently advertising boards are not permitted on the highway. However the number of A boards on the highway in the city is a continuing problem and of concern to officers. Poorly sited A boards can cause risk to those persons with mobility or sight problems.

 

The City Centre Manager added that under the current policy some businesses are putting out A boards in areas which cause a hazard to pavement users. There needs to be a tighter control over A boards but with a continuing support for local businesses.

 

RESOLVED:

 

(1)  That the Licensing Committee noted and approved the highway amenity policy subject to the following minor amendments. The Licensing Committee agreed to consider granting amenity permissions on individual merit for the use of A boards on the public highway in respect of area(s) deemed to be both a low obstruction risk and located outside the stress areas identified within the amenity policy document as per Option 3 of the report.

 

Members requested that the wording in the policy in respect of the following matters be reviewed and clarified:

 

Page 5 - Barriers or similar structures must have solid horizontal bar/elements at about 100mm in height from ground level and also at about 800 mm above ground level so as to be detectable by a stick (“tapping rail”).

Page 9 - A board Design/Size/Style Requirements.

·         Should be temporary in nature - to include 'not to be screwed down and only to be situated when the business is in open/in operation'.

·         Should be professionally designed and well maintained with sign writing/printed or painted material - to also include 'professional looking daily specials chalk boards are accepted'.

 

(2)  That the Licensing Committee recommended to Council the formal approval and adoption of this report and the amended policy (together with all related matters) and further recommended the delegation of this function to the Licensing Committee together with:

·         Delegation to the Head of Health, Safety & Licensing to carry out the administration of all highway amenity matters pursuant to sections 115A - 115K of the Highways Act 1980. To include the power to grant, very, transfer and renew (but not to refuse or revoke) any individual highway amenity permission for a period of not more than 12 months and subject to such standard and special conditions as considered appropriate.

·         Delegation to the Head of Health, Safety & Licensing to recommend to the Licensing Committee, from time to time, such fees and/or other reasonable expenses/charges as may be appropriate to recover the costs of administration and compliance with highway amenity permissions[1]

·         Delegation to the Head of Health, Safety & Licensing to refund such fee(s) for unsuccessful applications as considered appropriate on individual merit[2]

·         Delegation to the Head of Health, Safety & Licensing to give notice of intended refusal/revocation or non-renewal of any amenity permission on individual merit

·         Delegation to the Head of Health, Safety & Licensing to establish, amend,  ...  view the full minutes text for item 9.

10.

Exclusion of the Press and Public

In view of the contents of the following item on the agenda the committee is RECOMMENDED to adopt the following motion:

 

"That, under the provisions of Section 100A of the Local Government Act, 1972 as amended by the Local Government (Access to Information) Act, 1985, the press and public be excluded for the consideration of the following items on the grounds that the report contains information defined as exempt in Part 1 of Schedule 12A to the Local Government Act, 1972".

 

The public interest in maintaining the exemption must outweigh the public interest in disclosing the information.

 

Under the Local Authorities (Executive Arrangements) (Meetings and Access to Information) England Regulations 2013, regulation 5, the reasons for exemption of the listed items is shown below.

 

Members of the public may make representation as to why the item should be held in open session. 

 

(N.B. the exempt/confidential papers on the agenda will contain information which is commercially, legally or personally sensitive and should not be divulged to third parties and members can return their exempt documentation to the Local Democracy Officer at the conclusion of the meeting for shredding.)

 

Item                                                                                            Exemption Para No.*

 

8 - Prosecutions Appeals & Enforcement Action                       1

     (Appendix only)

 

*Paragraph Numbers:

1. Information relating to any individual

Minutes:

There was no exclusion of the press and public due to the open nature of the following report.

11.

Prosecutions, Appeals and Enforcement Action - Licensing Matters pdf icon PDF 267 KB

Purpose

To advise members of prosecutions, appeals and other targeted enforcement action taken in respect of licensing matters and on behalf of the Licensing Manager and Head of Health, Safety and Licensing. It is normal policy to provide details of any prosecutions to the committee for information purposes, some of which will be exempt information.  Report attached.

 

RECOMMENDED that the report be noted.

Minutes:

RESOLVED that the report be noted.