LICENSING COMMITTEE

AGENDA Meeting to be held in The Ceres Suite, Worksop Town Hall, on Wednesday, 5th June 2013 at 6.30 p.m. (Please note time and venue)

(Please turn off mobile telephones during meetings. In case of emergency, Members/officers can be contacted on the Council's

mobile telephone: 07702 670209)

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LICENSING COMMITTEE Membership 2013/14 Councillors A. Battey, B. A. Bowles, H. M. Brand, I. J. Campbell, F. Hart,

S. Isard, G. Jones, R. Leigh, D. Potts, J. Potts, K. Sutton and S. Toms

Substitute Members: None Quorum: 3 Members Lead Officer for this Meeting Mr. S. Wormald - Ext. 3176 Administrator for this Meeting Mrs. J. Hamilton - Ext. 3146

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LICENSING COMMITTEE Wednesday, 5th JUNE 2013

AGENDA

1. APOLOGIES FOR ABSENCE

2. DECLARATIONS OF INTEREST BY MEMBERS AND OFFICERS * (pages 5-6) (Members’ and Officers’ attention is drawn to the attached notes and form)

(a) Members

(b) Officers 3. MINUTES OF THE MEETING HELD ON 24TH APRIL 2013 * (pages 7-9) 4. MINUTES FOR ACTION * (page 11) 5. OUTSTANDING MINUTES LIST * (page 13) SECTION A – ITEMS FOR DISCUSSION IN PUBLIC Key Decisions

None Other Decisions 6. REPORT(S) OF THE PRINCIPAL SOLICITOR (LICENSING AND REGULATORY) *

(a) Notts. Licensing Chairs Meeting at Gedling – 11th April 2013 (pages 15-17) (b) Hackney Carriage Licensing Policy (pages 19-22) (c) Draft Statement of Policy and Guidelines for the Consideration of Applications

for Hackney Carriage Drivers, Private Hire Drivers and Private Hire Operators Licences (pages 23-51)

(d) Licensed Hackney Carriages, Private Hire Operators and Vehicles (pages 53-65)

The press and public are likely to be excluded from the meeting during the consideration of the following items in accordance with Section 100A(4) of the Local Government Act 1972. SECTION B - ITEMS FOR DISCUSSION IN PRIVATE Key Decisions None Other Decisions None 7. ANY OTHER BUSINESS WHICH THE CHAIRMAN CONSIDERS TO BE URGENT * Report attached

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NOTES: 1. The papers enclosed with this Agenda are available in large print if required. 2. Copies can be requested by contacting us on 01909-533146 or by e-mail:

julie.hamilton@bassetlaw.gov.uk

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Agenda Item No. 2

DECLARATION OF INTEREST

COMMITTEE ………………………………………………………………………………

DATE ……………………………………………………………………..

NAME OF MEMBER : ……………………………………………………………………………… Type of Interest 1. Disclosable Pecuniary 2. Non Pecuniary Agenda Item

No. REASON * Type of Interest

(1 or 2)

Signed

Dated

Note:

* When declaring an interest you must also state the nature of your interest. Completion of this form is to aid the accurate recording of your interest in the Minutes. The signed form should be provided to the Minuting Clerk at the end of the meeting. A nil return is not required. It is still your responsibility to disclose any interests which you may have at the commencement of the meeting and at the commencement of the appropriate Agenda item.

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DECLARATION OF INTERESTS

HOW TO USE THIS FORM

There are now only two types of Declaration of Interest: Disclosable Pecuniary Interests ) Details can be found in the Councillors ) Code of Conduct which is contained in ) the Council’s Constitution (a summary is Non Pecuniary Interests ) printed below) Upon receipt of the attached form you will need to enter the name and date of the Committee and your own name. By looking at the Agenda you will no doubt know immediately which Agenda Items will require you to make a Declaration of Interest. Fill in the Agenda Item number in the first column of the form. Enter the subject matter and any explanations you may wish to add in the second column. In the third column you will need to enter either if you are declaring a disclosable pecuniary interest, or a non pecuniary interest. The form must then be signed and dated. Please remember that if during the actual meeting you realise that you need to declare an interest on an additional Agenda Item number please simply amend the form during the meeting. The form must be handed into the Committee Administrator at the end of the meeting. NB. The following is a summary prepared to assist Members in deciding at the actual meetings their position on INTERESTS it is not a substitute for studying the full explanation regarding INTERESTS, which is contained in the Council’s Constitution and the Code of Conduct for Councillors, which is legally binding. Members and Officers are welcome to seek, PREFERABLY WELL IN ADVANCE of a meeting advice from the Council’s Monitoring Officer on INTERESTS.

Disclosable Pecuniary Interests Action to be Taken May relate to employment, office, trade, profession or vocation carried on for profit or gain May relate to sponsorship May relate to contracts May relate to interests in land May relate to licences to occupy land May relate to corporate tenancies May relate to securities

Must disclose to the meeting - existence of the interest - the nature of the interest - withdraw from the room - not seek improperly to influence a decision on the matter

Non Pecuniary Interests Action to be Taken May relate to any body of which you are a member or in a position of general control or management and to which you are appointed or nominated by the Council May relate to any person from whom you have received a gift or hospitality with an estimated value of at least £25 A Member may also have a non pecuniary interest where a decision in relation to that business might reasonably be regarded as affecting wellbeing or the wellbeing of other council tax payers, or ratepayers or inhabitants in the electoral division or ward, as the case may be, affected by the decision. . (Note – there are special provisions relating to “Sensitive Interests” which may exclude the above provisions in certain circumstances.)

Must disclose to the meeting - existence of the interest - the nature of the interest - not seek improperly to influence a decision on the matter.

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Agenda Item No. 3 D R A F T LICENSING COMMITTEE Minutes of the meeting held on Wednesday, 24th April 2013 at Retford Town Hall Present: Councillor J Potts (Chair)

Councillors B A Bowles, H M Brand, R Leigh, D Potts, S Toms and J White. Officers in attendance: J Hamilton, A Webster, K Wood and S Wormald. (Meeting commenced at 6.30pm.) (The Chairman welcomed all to the meeting and read out the Fire Alarm/Evacuation Procedure.) 44. APOLOGIES FOR ABSENCE Apologies for absence were received from Councillors A Battey, I J Campbell, S Isard and K Sutton. 45. DECLARATIONS OF INTEREST BY MEMBERS AND OFFICERS (a) Members There were no declarations of interest by Members. (b) Officers There were no declarations of interest by officers. 46. MINUTES OF THE MEETING HELD ON 6TH MARCH 2013 RESOLVED that the Minutes of the meeting held on 6th March 2013 be approved, subject to the amendment that Councillor S Toms had submitted her apologies and was not present as listed. 47. MINUTES FOR ACTION With regard to Minute No. 43(a), the Principal Solicitor (Licensing and Regulatory) reminded Members to advise him if they would be available to attend the annual training on 21st June at Newark and Sherwood District Council. RESOLVED that the Minutes for Action be received. 48. OUTSTANDING MINUTES LIST RESOLVED that the Outstanding Minutes List be received. SECTION A – ITEMS FOR DISCUSSION IN PUBLIC Key Decisions None.

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Other Decisions 49. REPORT(S) OF THE PRINCIPAL SOLICITOR (LICENSING AND REGULATORY) (a) Policy and Procedure for Classification of Films Members’ approval was sought for a policy and procedure for the Classification of Films, which falls within the Council’s responsibilities under the Licensing Act 2003. The policy is necessary to enable the Council to classify the films to be shown as part of the forthcoming British Independent Film Festival at the Savoy Cinema, Worksop. This will also enable the Council to deal with the classification of previously unclassified films, appeals by distributors against the British Board of Film Classification’s (BBFC) decisions, and requests to reclassify films. The draft policy was appended to the report, together with guidance criteria from the BBFC, which it was proposed the Council would adhere to. The issue of training for Members was raised and the Principal Solicitor (Licensing and Regulatory) advised that this would be provided if deemed necessary. However, it was thought that there would be insufficient demand for a Licensing Panel to be established. RESOLVED that:

1. The Policy for Determining Film Classifications, as appended to the report, be approved and implemented.

2. The Guidance Criteria issued by the British Board of Film Classification (BBFC), as appended to the report, be adopted to assist in the determination of classifying films.

3. Responsibility for the authorisation of films which have not already been classified by the BBFC be delegated to the Council Solicitor.

4. Responsibility for the authorisation of films which have not already been classified by the BBFC and where the Council Solicitor is unable to make a formal classification be delegated to a Licensing Panel.

5. Responsibility for the authorisation of films already classified by the BBFC be delegated to a Licensing Panel.

(b) Application for Street Trading Consent Members were asked to consider an application for street trading consent under Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982 by Mr R N Phillips, trading as Newlyn’s Ice Cream. The application was to sell ‘Thaymar’ ice-cream from a traditional ice-cream tricycle(with parasol) on Carolgate, Retford, on non-market days, i.e. Sundays, Mondays, Tuesdays and Wednesdays, between 9.00am and 17.30pm. A copy of the application, and photographs of the tricycle and proposed locations, was appended to the report, together with a list of designated streets. Details of the application had been advertised in the local press. Responses received as a result of consultation by the Council’s Licensing Enforcement Officer were appended to the report, including an objection from Thorntons Store on Carolgate. Colour copies of the photographs were tabled at the meeting. The applicant was in attendance and answered questions from Members. RESOLVED that the application for street trading consent by Mr R N Phillips be granted. (c) Street Collections 2013 Members were informed of street collection permits granted, under delegated authority, to charitable organisations for 2013. A schedule listing the authorised street collections and

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details of the proceeds in respect of the year 2012 collections was appended to the report. It was noted that four statements ae still outstanding, two of which are expected following the year end period. These organisations will be warned that if the statement is not returned, their permit will not be renewed. RESOLVED that the schedule of street collection permits to charitable organisation for 2013 be noted. (d) House to House Collections 2013 Members were informed of house to house collections which will be taking place in the District during 2013. A schedule listing the authorised house to house collections was appended to the report. RESOLVED that the schedule of house to house collections taking place in the District during 2013 be noted. 50. LOCAL GOVERNMENT (ACCESS TO INFORMATION) ACT 1985 RESOLVED that, in accordance with Part 1 of Schedule 12A of the Local Government Act 1972, and after considering the public interest test as set out by the officer in the body of the report, Members agreed that the following items of business involved the likely disclosure of exempt information as defined in Paragraph 3, and therefore, in accordance with Section 100A of the Act, the press and public be excluded from the meeting: Agenda Item No 7(a) – Application for Exemption from Displaying PHV Plates/Door Signs -Paragraph 3 SECTION B – ITEMS FOR DISCUSSION IN PRIVATE Key Decisions None. Other Decisions 51. REPORT(S) OF THE PRINCIPAL SOLICITOR (LICENSING AND REGULATORY) (a) Application for Exemption from Displaying PHV Plates/Door Signs Members were asked to consider an application for exemption under Section 75(3) of the Local Government (Miscellaneous Provisions) Act 1976 in respect of a PHV licence condition to display PHV plates and door signs on two of the applicant’s vehicles. Copies of the applicant’s letter and emails were appended to the report. The applicant was in attendance. RESOLVED that the exemption under Section 75(3) of the Local Government (Miscellaneous Provisions) Act 1976 in respect of a PHV licence condition to display the private hire vehicle plates and door signs on the specified vehicles be granted for the duration of the PHV Licences. 52. ANY OTHER BUSINESS WHICH THE CHAIRMAN CONSIDERS TO BE URGENT. As there was no other urgent business to be discussed, the Chairman closed the meeting. (Meeting closed at 7.00pm.)

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Agenda Item No. 4

MINUTES FOR ACTION AND IMPLEMENTATION SHEET

LICENSING COMMITTEE 24/4/13

FROM: Senior Democratic Services Officer TO: PS(LR) = Principal Solicitor

Licensing and Regulatory) The following decisions are brought to your attention for action by the appropriate officers within your Service: ______________________________________________________________________________ 46. MINUTES OF THE MEETING HELD ON 6TH MARCH 2013 RESOLVED that the Minutes of the meeting held on 6th March 2013 be approved, subject to the amendment that Councillor S Toms had submitted her apologies and was not present as listed.

SDSO ______________________________________________________________________________ 49. REPORT(S) OF THE PRINCIPAL SOLICITOR (LICENSING AND REGULATORY) (a) Policy and Procedure for Classification of Films RESOLVED that:

1. The Policy for Determining Film Classifications, as appended to the report, be approved and implemented.

2. The Guidance Criteria issued by the British Board of Film Classification (BBFC), as appended to the report, be adopted to assist in the determination of classifying films.

3. Responsibility for the authorisation of films which have not already been classified by the BBFC be delegated to the Council Solicitor.

4. Responsibility for the authorisation of films which have not already been classified by the BBFC and where the Council Solicitor is unable to make a formal classification be delegated to a Licensing Panel.

5. Responsibility for the authorisation of films already classified by the BBFC be delegated to a Licensing Panel.

PS(LR)

(b) Application for Street Trading Consent RESOLVED that the application for street trading consent by Mr R N Phillips be granted.

PS(LR)

51. REPORT(S) OF THE PRINCIPAL SOLICITOR (LICENSING AND REGULATORY) (a) Application for Exemption from Displaying PHV Plates/Door Signs RESOLVED that the exemption under Section 75(3) of the Local Government (Miscellaneous Provisions) Act 1976 in respect of a PHV licence condition to display the private hire vehicle plates and door signs on the specified vehicles be granted for the duration of the PHV Licences.

PS(LR) ______________________________________________________________________________

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Agenda Item No. 5

LICENSING COMMITTEE

WEDNESDAY, 5TH JUNE 2013

OUTSTANDING MINUTES LIST

Members please note that the updated positions are shown in bold type following each item: (PS(LR) = Principal Solicitor (Licensing and Regulatory)) Min No Date Subject Decision Officer

Responsible 31(c) 2.11.11 Format of Committee

Reports and Meeting Procedures

Ways of improving the format of committee reports and meeting procedures be investigated and brought back to future meeting(s).

PS(LR)

Revised practices to be presented to future meeting(s)

53 18.4.12 Taxi Drivers’ Working Hours

(2) A further report on legislation in respect of the working hours of taxi drivers be presented to a future meeting.

PS(LR)

Report to be presented to a future meeting

6(b) 20.6.12 Licensed Hackney Carriages, Private Hire Operators and Vehicles

(2) The inclusion of a practical driving test in the application process for a Hackney Carriage/Private Hire Driver’s Licence be considered and reported back to a future meeting of the Licensing Committee.

PS(LR)

Report to be presented to a future meeting

33(b) 9.1.13 Licensing Act 2003 – Suspension of Premises Licences/Club Premises Certificates on Non-payment of Annual Fees

(3)Officers consider the proposals suggested by Members in respect of premises which have not paid their annual fee and those who do not pay in the future, and report back on their feasibility to the next meeting of Licensing Committee

PS(LR)

Report to be presented to a future meeting

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