Agenda and minutes

Licensing and Regulatory Committee - Monday 6th January, 2020 6.30 pm

Venue: Town Hall, Bootle

Contact: Ruth Appleby  Democratic Services Officer

Items
No. Item

24.

Apologies for Absence

Minutes:

An apology for absence was received from Councillor Lynne Thompson.

 

25.

Declarations of Interest

Members are requested at a meeting where a disclosable pecuniary interest or personal interest arises, which is not already included in their Register of Members' Interests, todeclare any interests that relate to an item on the agenda.

 

Where a Member discloses a Disclosable Pecuniary Interest, he/she must withdraw from the meeting room, including from the public gallery, during the whole consideration of any item of business in which he/she has an interest, except where he/she is permitted to remain as a result of a grant of a dispensation.

 

Where a Member discloses a personal interest he/she must seek advice from the Monitoring Officer or staff member representing the Monitoring Officer to determine whether the Member should withdraw from the meeting room, including from the public gallery, during the whole consideration of any item of business in which he/she has an interest or whether the Member can remain in the meeting or remain in the meeting and vote on the relevant decision.

 

Minutes:

No declarations of any disclosable pecuniary interests or personal interests were received.

 

26.

Minutes pdf icon PDF 74 KB

Minutes of the Meeting held on 9 September 2019

Minutes:

RESOLVED: 

 

That the minutes of the meeting held on 9 September 2019 be confirmed as a correct record.

 

27.

Hackney Carriage Unmet Demand Survey 2019 pdf icon PDF 83 KB

Report of the Head of Highways and Public Protection

Additional documents:

Minutes:

The Committee considered the report of the Head of Highways and Public Protection and presentation by Mr Ian Millership (Licensed Vehicle Surveys and Assessment - LVSA), on the results of the Hackney Carriage Unmet Demand Survey 2019.

 

Members discussed the report and the presentation in detail and the following issues were raised:

 

·       There appear to be fewer wheelchair accessible vehicles (WAVs) in Southport particularly at the Southport Station rank, which is an official rank on private land under a private arrangement and for this reason had not been included in the unmet demand survey. Mr Mark Toohey, Licensing Principal Officer, explained that Southport differs from Bootle in that the hackney trade has a higher proliferation of saloon type vehicles, which are not necessarily wheelchair accessible.  Discussion continued as to how the Licensing Authority could increase the numbers of WAVs.

 

·       A licencing authority can limit the number of hackney vehicles in operation, but not hackney driver numbers.

 

·       The number of private hire vehicles cannot be limited as the private hire trade is left to market forces.  However, a recent legislation change in Scotland means that Licensing Authorities in Scotland can now limit the numbers of private hire vehicles in their area.

 

·        The total number of licensed vehicles currently registered in Sefton is 5,400.

 

Queries were answered by Mr Ian Millership (LVSA), Mr Mark Toohey, Licensing Principal Officer and Mr Wood, Environmental Health and Licensing Manager.  Officers added that issues arising from this meeting would be further discussed in the hackney carriage and private hire trade meetings.

 

RESOLVED: That

 

(1)

Mr Millership (LVSA) be thanked for his presentation on the Hackney Carriage Unmet Demand Survey Report;

 

(2)

the contents of the report be noted;

 

(3)

the current numerical restriction of 271 Hackney Carriage Vehicle Licences be maintained; and



(4)

the Head of Highways and Public Protection be requested to undertake a further demand survey in 2023/24.

 

 

 

28.

Accredited Training Providers pdf icon PDF 79 KB

Report of the Head of Highways and Public Protection

Minutes:

The Committee considered the report of the Head of Highways and Public Protection seeking approval for the development of a Council approved accredited training provider scheme.

 

Mr Toohey, Licensing Principal Officer presented the report, indicating that that the submission of fake training certificates was an issue nationally and was subject to discussion/consideration by licensing authorities across the Liverpool City Region.  He indicated that since October 2019, Sefton had received 12 fake certificates from prospective drivers, averaging one a week.  He indicated that the fake certificates had so far been obvious as being fake.  However, he conceded that it could be possible that other more professionally produced fake certificates could slip through the net.  For this reason, Members therefore stressed the importance of establishing the scheme for Council approved accredited providers as soon as possible.

 

Members indicated that it would also be helpful to receive Merseyside-wide figures for fake certificates.  Mr Toohey indicated that he would provide Members with figures and that the matter would be given further consideration at the next annual meeting of the Licensing and Regulatory Committee Spokespersons with representatives from the Hackney Carriage and Private Hire Trades on 28 January 2020.

 

The Committee also requested the provision of annual update reports on the Council approved accredited training courses / providers.

 

 

RESOLVED:  That:

 

(1)

approval be given for qualifications for new drivers to only be accepted from Council approved accredited training providers;

 

(2)

Council approved accredited training providers to be authorised to conduct knowledge tests as part of the final stage of driver training; and

 

(3)

the Head of Highways and Public Protection be requested to submit annual update reports on Council approved accredited training provision.

 

 

29.

Approved Premises for Marriages and Civil Partnerships pdf icon PDF 89 KB

Report of the Head of Corporate Resources

Minutes:

The Committee considered the report of the Head of Corporate Resources requesting the addition of the Pacific Room to the Licence for the Vincent Hotel, Southport and to amend a typographical error on the report to Licensing and Regulatory Committee on 18 March 2019, relating to the date of licence expiry of Warren Farm, Formby and the Royal Hotel, Waterloo.

 

RESOLVED: That

 

(1)

the Pacific Room be added to the current licence for the Vincent Hotel, for which the current licence will expire on 10 July 2022, at which time it will need to be renewed; and

 

(2)

the designated rooms at the following venues be licensed for civil marriage and civil partnerships for a five-year period, for which the licence will expire on 18 March 2024:

 

(i)             The Royal Hotel, Marine Terrace, Waterloo

·       Seabank Suite

·       Restaurant

·       Lounge

·       Restaurant Conservatory

·       Lounge Conservatory; and

 

(ii)            Warren Farm, Southport Old Road, Formby

·       Function Room

·       The Podium

 

 

30.

Local Licensing – Fees and Charges 2020/2021 pdf icon PDF 69 KB

Report of the Head of Highways and Public Protection

Additional documents:

Minutes:

The Committee considered the report of the Head of Highways and Public Protection, seeking approval for the fees and charges for Local Licensing Services in 2020/2021, as detailed in the Annex to the report.

 

RESOLVED:

 

That the proposed fees and charges for 2020/2021 listed in the Annex to the report be approved.

 

31.

Determinations made under the Licensing Act 2003 and the Gambling Act 2005: period covering 17 August 2019 to 13 December 2019 pdf icon PDF 73 KB

Report of the Head of Highways and Public Protection

Additional documents:

Minutes:

The Committee considered the report of the Head of Highways and Public Protection updating on applications made under the Licensing Act, 2003 and the Gambling Act 2005, which had been determined by Licensing Officers.

 

The report indicated that Sefton Council’s Statement of Licensing Policy (issued under the Licensing Act 2003) and the Statement of Gambling Policy (issued under the Gambling Act 2005), both followed the recommended delegation of functions contained within the Guidance issued under Section 182 of the Licensing Act 2003 and the Guidance issued under Section 25 of the Gambling Act 2005.  Where there are no relevant representations to applications, then these matters would be dealt with by Officers in order to speed matters through the system. The Guidance also recommended that where powers had been delegated, the Committee would receive regular reports on decisions made by Officers in order to maintain an overview of the general licensing situation.

 

The report indicated that during the period 17 August 2019 to 13 December 2019 the Head of Highways and Public Protection had received and determined the following numbers of applications:

 

Under the Licensing Act 2003:

 

  • 81 Applications made under Premise Licences
  • 54 Applications made under Personal Licences
  • 100 Notifications of Temporary Event Notices
  • 36 Notifications of Late Temporary Event Notices

 

Under the Gambling Act 2005:

 

  • 3 Notifications given for Licensed Premises Automatic Gaming
  • 1 Application made under Club Machine Permits

 

Details of the determinations were indicated in annexes 1 and 2 of the report.

 

RESOLVED:

 

That the report and the fact that further update reports would be submitted as necessary be noted.

 

 

 

 

 

32.

Exclusion of Press and Public

To consider passing the following resolution:

 

That, under Section 100A(4) of the Local Government Act, 1972, the press and public be excluded from the meeting for the following item(s) of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraphs 1 & 2 of Part 1 of Schedule 12A to the Act.  The Public Interest Test has been applied and favours exclusion of the information from the Press and Public.

 

Minutes:

RESOLVED:

 

That under Section 100A(4) of the Local Government Act, 1972, the press and public be excluded from the meeting for the following item of business on the grounds that it would involve the likely disclosure of exempt information as defined in paragraphs 1 & 2 of Part 1 of Schedule 12A to the Act. The Public Interest Test had been applied and favoured exclusion of the information from the press and public.

 

33.

Moorgate Avenue, Crosby - Objection to Proposed Traffic Regulation Order

Report of the Head of Highways and Public Protection

Minutes:

The Committee considered the report of the Head of Highways and Public Protection advising of an objection received to a proposed Traffic Regulation Order on Moorgate Avenue, Crosby.

 

RESOLVED:  That

 

(1)

the objection be noted;

 

(2)

the Traffic Regulation Order be progressed as originally advertised; and

 

(3)

the objector be advised accordingly.