Issue - meetings

Report of Head of Corporate Legal Services

Further to Minute No. 9 of the meeting of the Licensing and Regulatory (Urgent Referrals) Committee held on 6 November 2013 and Minute No. 62 of the Cabinet held on 7 November 2013, the Council considered the report of the Director of Built Environment which provided details of a proposal to re-adopt the provisions of Part II of the Local Government (Miscellaneous Provisions) Act 1976 within the Borough of Sefton, with regard to the licensing of private hire and hackney carriages, drivers and operators.

It was moved by Councillor Kerrigan, seconded by Councillor Preece and

RESOLVED:

That:

(1)       the Head of Corporate Legal Services be authorised to provide notice, in accordance with Section 45 of Part II of the Local Government (Miscellaneous Provisions) Act 1976, (‘the Act’) of the Council’s intention to pass a resolution to re-adopt the provisions of Part II of the Act in relation to the Council’s administrative area, with effect from 7 February 2014, subject to no adverse comments being received in relation to that notice; and

(2)       if such adverse comments are received, this matter be referred back to the Licensing and Regulatory Committee and the Council be advised accordingly.

Report of Head of Corporate Legal Services

Further to Minute No. 9 of the meeting of the Licensing and Regulatory Urgent Referrals Committee held on 6 November 2013, the Cabinet considered the report of the Head of Corporate Legal Services which provided details of the proposal to re-adopt the provisions of Part II of the Local Government (Miscellaneous Provisions) Act 1976 within the Borough of Sefton.

Decision Made:

That:

(1)       the recommendation of the Licensing and Regulatory Urgent Referrals Committee be endorsed and the Council be recommended to give delegated authority to the Head of  Corporate Legal Services to provide notice, in accordance with Section 45 of Part II of the Local Government (Miscellaneous Provisions) Act 1976, (‘the Act’) of the Council’s intention to pass a resolution to re-adopt the provisions of Part II of the Act in relation to the Council’s administrative area, with effect from 7 February 2014, subject to no adverse comments being received in relation to that notice; and

(2)       if such adverse comments are received, this matter be referred back to the Licensing and Regulatory Committee  and that Council be advised.

Reasons for Decision:

A recent judgment had been made regarding decisions to prosecute under Part II of the Act. A local authority had been successfully challenged where it could not demonstrate that the prescribed notice procedure had been followed in its adoption of the Act some 35 years previously.

The re- adoption Part II of the Act was proposed for the purposes of clarification for the future, without prejudice to the Council’s previous adoption made pursuant to the Act, and to ensure certainty in any enforcement action taken under the Act.

Generally, Cabinet is not involved in matters pertaining to licensing. However, this re-adoption is not determination, approval, consent and licence or registration concerning a licence, permission and therefore falls to be considered by the Council’s Executive.

Alternative Options Considered and Rejected:

No, failure to re-adopt the Legislation may result in uncertainty in the Council’s ability to take enforcement action.