Agenda and minutes

Licensing Committee - Tuesday, 9th February, 2016 10.00 am

Venue: Civic Hall, Leeds

Contact: Governance Services  2243836

Items
No. Item

76.

Appeals Against Refusal of Inspection of Documents

To consider any appeals in accordance with Procedure Rule 15.2 of the Access to Information Procedure Rules (in the event of an Appeal the press and public will be excluded)

 

(*In accordance with Procedure Rule 15.2, written notice of an appeal must be received by the Head of Governance Services at least 24 hours before the meeting)

 

Minutes:

There were no appeals against the refusal of inspection of documents.

 

77.

Exempt Information - Possible Exclusion of the Press and Public

1  To highlight reports or appendices which officers have identified as containing exempt information, and where officers consider that the public interest in maintaining the exemption outweighs the public interest in disclosing the information, for the reasons outlined in the report.

 

2  To consider whether or not to accept the officers recommendation in respect of the above information.

 

3  If so, to formally pass the following resolution:-

 

  RESOLVED – That the press and public be excluded from the meeting during consideration of those parts of the agenda designated as containing exempt information on the grounds that it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the press and public were present there would be disclosure to them of exempt information

 

Minutes:

RESOLVED – That, in accordance with Regulation 4 of The Local Authorities

(Executive Arrangements) (Meetings and Access to Information) (England)

Regulations 2012, the public be excluded from the meeting during

Consideration of the following parts of the agenda designated as exempt on

the grounds that it is likely, in view of the nature of the business to be

transacted or the nature of the proceedings, that if members of the public

were present there would be disclosure to them of exempt information so

designated as follows:-

 

(i)  Appendix A to a report entitled “Entertainment Licensing Section  – Annual Report January – December 2015” referred to in Minute No.87 was designated as exempt under Access to Information Procedure Rule 10.4 (1),(2), (3) and (7) because it contained information relating to an individual, information which was likely to reveal the identity of an individual, the financial or business affairs of any particular person and information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime and disorder which may result in future legal proceedings.

 

 

(ii)  Appendix A to a report entitled “Mint Festival 2015 – Members Debrief” referred to in Minute No.88 was designated as exempt under Access to Information Procedure Rule 10.4 (3) and (7) because it contained information relating to the financial or business affairs of any particular person and information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime and disorder which may result in future legal proceedings.

 

It was considered that in respect of the both items above, the public interest in maintaining the exemption from publication outweighs the public interest in disclosing the information.

78.

Late Items

To identify items which have been admitted to the agenda by the Chair for consideration

 

(The special circumstances shall be specified in the minutes)

 

Minutes:

There were no late items submitted

 

79.

Declaration of Disclosable Pecuniary Interests

To disclose or draw attention to any disclosable pecuniary interests for the purposes of Section 31 of the Localism Act 2011 and paragraphs 13-16 of the Members’ Code of Conduct.

 

Minutes:

There were no declarations of Disclosable Pecuniary Interests made at the meeting.

 

80.

Apologies for Absence

To receive apologies for absence (If any)

Minutes:

Apologies for absence were received from Councillors: R Downes, B Gettings, A Khan, B Selby, C Townsley and M Ingham

81.

Minutes of the Previous Meeting pdf icon PDF 70 KB

To approve the minutes of the last meeting held on 15th December 2015

 

(Copy attached)

Minutes:

That the minutes of the previous meeting held on 15th December 2015 were approved as a true and correct record.

 

 

82.

Matters Arising from the Minutes

To consider any matters arising from the minutes.

Minutes:

There were no issues raised under matters arising.

 

83.

Changes to the Hackney Carriage Trade Forum Meetings constitution. pdf icon PDF 90 KB

To consider a report by the Head of Elections, Licensing and Registration which sets out details of proposed changes to the Hackney Carriage forum constitution, and to approve the proposed amendment to the existing frequency of such meetings. 

 

 

(Report attached)

 

Minutes:

The Head of Elections, Licensing and Registration submitted a report which set out details of proposed changes to the Hackney Carriage forum constitution to amend the existing frequency of such meetings.

 

The Section Head, Taxi and Private Hire Licensing presented the report and responded to Members’ questions and queries.

 

Detailed discussion ensued on the contents of the report which included:

 

·  The existing arrangements

·  The vast majority of Trade issues were dealt with as they arose

 

In providing clarification the Section Head, Taxi and Private Hire Licensing said under the new proposal meetings of the Taxi and Private Hire forum would take place every four months (or as frequently as business demanded). Special meetings could be called as necessary to deal with issues as they arose.

 

In summing up the Chair said the proposal appeared to be a sensible way forward to enable the Council to meet the needs of the trade in a way that retained some formality but allowing flexibility for both parties.

 

RESOLVED – Members noted the changes to the Hackney Carriage forum constitution.

 

 

84.

Review of Driver Licensing Requirement for Group II Medicals pdf icon PDF 139 KB

To consider a report by the Head of Elections, Licensing and Registration which seeks the views of the Committee as to whether or not the existing Group II medical policy is sufficient in terms of public safety or if it needs to be strengthened by more frequent medical assessments.

 

(Report attached)

 

Additional documents:

Minutes:

The Head of Elections, Licensing and Registration submitted a report which sought the views of the Committee as to whether or not the existing Group II medical policy was sufficient in terms of public safety, or if it required to be strengthened by more frequent medical assessments.

 

Appended to the report were the following appendices:

 

·  Report to the Licensing and Regulatory Panel dated 18th November 2008 concerning the introduction of a Group II medical report requirement (Appendix 1 refers)

·  Medical Examination Report Form (Appendix 2 refers)

·  C1 Criteria for insulin dependent drivers (Appendix 3 refers)

 

The Section Head, Taxi and Private Hire Licensing presented the report and responded to Members’ questions and queries.

 

Detailed discussion ensued on the contents of the report which included:

 

·  Existing LCC policy was in line with DVLA requirements

·  The recommendations of the Glasgow Enquiry

·  Whether the existing arrangements were satisfactory

 

It was the view of the Committee that the existing policy and requirements were satisfactory

 

RESOLVED – To approve that the existing policy in respect of Group II medical assessment requirements was satisfactory

 

85.

Activity Update: Taxi and Private Hire Licensing 1st January to 31st December 2015 pdf icon PDF 135 KB

To consider a report by the Head of Elections, Licensing and Registration which provides a summary of the activity undertaken the Taxi and Private Hire Licensing Section during the period 1st January to 31 December 2015

 

(Report attached)

 

Minutes:

The Head of Elections, Licensing and Registration submitted a report which

Provided a summary of the activity undertaken by the Taxi and Private Hire Licensing Section during the period 1st January to 31st December 2015.

 

The Section Head, Taxi and Private Hire Licensing presented the report and responded to Members’ questions and queries.

 

Detailed discussion ensued on the contents of the report which included:

 

·  The number of licences issued

·  Refusal and Revocation Decisions

·  Suspension Decisions

·  Complaints Received

·  Appeals Received

·  Changes to Policy

·  Annual DBS

 

It was noted there had been a decrease in the number of Private Hire Operators.

 

In offering an explanation the Section Head, Taxi and Private Hire Licensing said the introduction of new technologies; smartphones and apps had encouraged companies to merge existing operating businesses to gain a larger stake in the industry.

 

It was reported the Private Hire Operator conditions approved by Committee had enabled for focussed enforcement activity in dealing with licensed drivers. There had been Operators in some PH companies where there had been a lack of management attention by the proprietor in respect of ‘plying for hire’ issues. The new conditions had been effective in contributing to improved business practices.

 

 

RESOLVED – That the contents of the report be noted

 

86.

Licensing Committee Work Programme 2016 pdf icon PDF 55 KB

To note the contents of the Licensing Committee Work Programme for 2016/17.

 

(Copy attached)

Minutes:

Members considered the contents of the Licensing Committee Work Programme for 2016.

 

RESOLVED – That the contents of the Licensing Committee Work Programme for 2016 be noted

 

87.

Entertainment Licensing Section - Annual Report January - December 2015 pdf icon PDF 160 KB

To consider a report by the Head of Elections, Licensing and Registration which provides a summary of the issues dealt with by the Entertainment Licensing Section during the period January to December 2015.

 

(Report attached)

Additional documents:

Minutes:

The Head of Elections, Licensing and Registration submitted a report which

Provided a summary of the issues dealt with by the Entertainment Licensing Section during the period January to December 2015.

 

The Section Head, Entertainment Licensing, presented the report and responded to Members’ questions and queries.

 

Detailed discussion ensued on the contents of the report which included:

 

·  Licensing Act 2003: Application Statistics

·  Licensing Act : Reviews

·  Licensing Act : Appeals

·  Statement of Licensing Policy

·  Gambling Act 2005: Application Statistics

·  Gambling Act 2005: Statement of Licensing Policy

·  Large Casio

·  Sexual Establishments

·  Update of the Liaison & Enforcement Team

·  Outdoor Events

 

 

RESOLVED

 

(i)  That the contents of the report be noted

 

(ii)  To note that future report would be brought back to this Committee on an annual basis

 

(iii)  The Chair to discuss the timing of the report with the Chair of the Corporate Governance and Audit Committee given the fact the same information is presented to both Committees

88.

Mint Festival 2015 - Members Debrief pdf icon PDF 103 KB

To consider a report by the Head of Elections, Licensing and Registration which provides details of the de-brief following the Mint Festival 2015 held at Wetherby Racecourse between the 19th and 20th September 2015.

 

(Report attached)

Additional documents:

Minutes:

The Head of Elections, Licensing and Registration submitted a report which

provided details of the de-brief following the Mint Festival 2015 held at Wetherby Racecourse between19th and 20th September 2015.

 

Appended to the report was the following appendix:

 

·  Minutes of the Multi – Agency de-brief meeting held on 18th November 2015 (Appendix A refers)

 

The Principal Licensing Officer, Entertainment Licensing, together with Mark Black and Therese McMullan from Mint presented the report and responded to Members’ questions and queries.

 

Detailed discussion ensued on the contents of the report which included:

 

·  Noise nuisance

·  Consultation with Ward Councillors and local residents

·  Traffic management issues

·  Litter outside the site

 

Commenting on the noise nuisance complaint, a Ward Councillor for the area said although there was some noise, it was not a significant issue.

 

Referring to proposals for a 2016 Mint Festival, Mr Black said consideration was been given to staging the event over 1 day but at an alternative Leeds venue.

 

The Chair thanked Mr Black and Ms McMullan for their attendance and participation

 

RESOLVED – That the contents of the report be noted

89.

Date and Time of Next Meeting

To note the next meeting will take place on Tuesday 8th March 2016 at 10.00am in the Civic Hall, Leeds.

Minutes:

RESOLVED – To note that the next meeting will take place on Tuesday, 8th March 2016 at 10.00am in the Civic Hall, Leeds.