Licensing Committee Minutes

Licensing Committee Minutes

Date:
Monday 4 April 2016
Time:
1:00 p.m.
Place:
Mandela Room, Town Hall, Middlesbrough
 

Attendance Details

Present:
Councillor B E Taylor (Chair); Councillor J A Walker (Vice-Chair); Councillor R Arundale, Councillor S Biswas, Councillor R Brady, Councillor J Goodchild, Councillor T Lawton, Councillor L Lewis, Councillor J Rathmell
Officers:
B Carr, C Cunningham, J Hodgson
Apologies for absence:
Councillor T Harvey, Councillor T Mawston, Councillor D McCabe, Councillor G Purvis
Declarations of interest:

There were no Declarations of Interest made by Members at this point of the meeting.

Item Number Item/Resolution
PUBLIC
15/101 MINUTES - LICENSING COMMITTEE - 7 MARCH 2016 AND 14 MARCH 2016

The minutes of the meetings of the Licensing Committees held on 7 March 2016 and 14 March 2016 were submitted and approved as a correct record.

15/102 BAKER STREET AND BEDFORD STREET - PROPOSED DESIGNATION AS CONSENT STREETS

The Assistant Director of Economic Growth submitted a report, the purpose of which was for Members to consider whether to designate Baker Street and Bedford Street specified in the draft resolution at Appendix 1 and shown edged red on the plan attached at Appendix 2 to this report as Consent Streets under Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982.

 

The report stated that Baker Street and Bedford Street were currently designated as prohibited streets; therefore, all trading on the highway was prohibited. Members were requested to re-designate those streets edged red on the plan at Appendix 2 to the report as Consent Streets. This would enable street trading to take place subject to strict controls imposed by the Authority in relation to, for example, allocation of Consents, the location and type of stall, goods sold and the periods when such trading could take place. In addition Street Traders would be subject to conditions which could be imposed within the Consent.

 

ORDERED as follows:   

 

1. That Members confirm the Resolution set out in Appendix 1 to this report to enable the Authority to grant Consents to chosen applicants to trade during specific times in accordance with conditions.

 

2.  That delegated authority be given to the Assistant Director for Economic Growth for the time being of the Council or any successor role the authority to deal with all matters arising out of the grant, refusal, variation or revocation of a Consent in relation to the Resolution in Appendix 1 and enforcement thereof, which includes but is not limited to determining:-

 

(i) the application process for applying for a Consent,
(ii) the fee for the Grant of a Consent
(iii) the total number of Consents to be allocated at any one time.
(iv) the conditions to be attached to each Consent granted, including but not limited to the length of the Consent and times of trading, the location of pitch, type of pitch, type of goods to be sold at the pitch and any other matters that the Authority may consider appropriate.
(v) whether a Consent should be granted, refused, varied or revoked.

15/103 EXCLUSION OF PRESS AND PUBLIC.

ORDERED that the press and public be excluded from the meeting for the following items on the grounds that, if present, there would be disclosure to them of exempt information as defined in Paragraphs 1, 2, 3 or 7 of Part 1 of Schedule 12A of the Local Government Act 1972 and that the public interest in maintaining the exemption outweighed the public interest in disclosing the information.

EXEMPT
Report of Assistant Director - Improving Public Health
15/104 REVIEW OF PRIVATE HIRE VEHICLE DRIVER LICENCE: REF NO: 15/16

The Assistant Director of Improving Public Health submitted an exempt report in connection with the review of Private Hire Vehicle Driver Licence, Ref: 15/16, where circumstances had arisen which required special consideration by the Committee.

The Chair introduced those present and outlined the procedure to be followed. The applicant, who was in attendance at the meeting, verified his name and address and confirmed that he had received a copy of the report.



The application was due to be considered by Members at the meeting of the Licensing Committee scheduled for 14 March 2016, however on that occasion, the applicant had failed to attend and the Committee decided to defer the matter to the next meeting.

The Senior Licensing Officer presented the report setting out the circumstances of the case in relation to a complaint received from a complainant regarding the standard of the applicant's driving during an incident that occurred on 20 November 2015. The applicant confirmed that the report was an accurate representation of the facts.

The complainant had provided footage taken from the dashboard camera of his vehicle which showed the incident taking place and the Chair invited Members of the Committee and the applicant to view the footage. The applicant responded to questions from Members of the Committee.

The applicant was invited to address the Committee in support of his case. The applicant responded to questions from Members of the Committee.

Members requested to view the footage of the incident again prior to making a decision in respect of the matter.



It was confirmed that there were no further questions and the applicant and officers of the Council, other than representatives of the Council's Legal Services and Members' Office, withdrew whilst the Committee determined the application.

Subsequently all interested parties returned and the Chair announced the Committee's decision.



ORDERED that Private Hire Vehicle Driver Licence, Ref: 15/16, be retained but that the applicant be required to complete the Driver Improvement Scheme, at his own expense, within the next three months, for the following reasons:-

After viewing the footage provided by the complainant, the Committee were concerned about the applicant’s standard of driving in relation to the incident that occurred on 20 November 2015. The Committee considered that the applicant had behaved recklessly on this occasion and had driven in an unsafe manner.

The applicant was advised that should he complete the Driver Improvement Scheme to a satisfactory level, there would be no requirement for him to reappear before the Committee.

The applicant was reminded of his Right of Appeal to the Magistrates Court, within 21 days of the date of the decision.

15/105 REVIEW OF PRIVATE HIRE VEHICLE DRIVER LICENCE: REF NO: 16/16

The Assistant Director of Improving Public Health submitted an exempt report in connection with the review of Private Hire Vehicle Driver Licence, Ref: 16/16, where circumstances had arisen which required special consideration by the Committee.

The Senior Licensing Officer advised that the driver was not in attendance and confirmed that the driver had not contacted the Licensing Section to advise that he would not be able to attend.

ORDERED that consideration of the review in respect of Private Hire Vehicle Driver Licence, Ref: 16/16, be deferred to the next Licensing Committee in order to afford the driver a further opportunity to attend.

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