Agenda, decisions and minutes

Licensing Committee - Monday, 7 November 2005 10.00 a.m.

Venue: Swansley Room

Contact: Maggie Jennings  01954 713029

Items
No. Item

1.

Apologies for Absence

An apology for absence has been received from Councillor Dr JPR Orme. 

Minutes:

Apologies for absence were received from Councillors SJ Agnew, R Hall, Mrs JA Muncey, Dr JPR Orme and DALG Wherrell.

2.

Minutes of Last Meeting

To confirm that the Minutes of the last meeting held on 28 July 2005 are a correct record as presented to Council on 22 September 2005. 

Minutes:

The Chairman was authorised to sign the Minutes of the meeting held on 28 July 2005. 

3.

Declarations of Interest

Members need only declare an interest in circumstances where there is an item on the agenda that may cause a conflict of interests. 

Minutes:

The Chairman declared an interest in item 4 on the agenda as one of the local Members for Balsham; Councillor Dr JR Williamson took the Chair for that item. 

4.

Request for Designation of Consent Streets - Balsham pdf icon PDF 120 KB

Decision:

AGREED        that all the streets in the village of Balsham be designated Consent Streets under the Local Government (Miscellaneous Provisions) Act 1982.

Minutes:

The Licensing Committee, having considered a request from Balsham Parish Council that all streets in the village be designated Consent Streets in order to control street trading in the village, and so that the necessary process to organise the Status could be commenced,

 

AGREED

that all the streets in the village of Balsham be designated Consent Streets under the Local Government (Miscellaneous Provisions) Act 1982.

5.

Designation of Consent Streets - Adding New Roads to Villages pdf icon PDF 119 KB

Minutes:

As a result of a request made at the last Licensing Committee meeting as to whether the Council would be required to re-advertise when new roads had been added after Consent Street status had previously been granted to a village, Members were informed that after obtaining legal advice it was confirmed that in those circumstances it would be a legal necessity to re-advertise in order that the new streets or roads could be added to the original Order.

 

The Licensing Committee NOTED the information.

 

Following further discussion arising from this item, the following points were raised:

 

(a)               Would the addition of streets to an original Order require Committee consent?

(b)               What are the approximate costs of advertising the Orders?

(c)               Was any literature available in other languages?

 

In response Members were informed:

 

(a)               Yes, however the situation was unlikely to occur very often as most new roads were on the outskirts of villages and trading tended to occur in the centre.

(b)               £300-400 per advert payable by the Council. Fees (non refundable) were charged to persons requesting consent to trade; applicants were advised if they were likely or not to succeed in their application.

(c)               No, as no-one had requested additional versions. The Committee however requested that the guidance include a sentence indicating that it could be obtained in another language. JS to action

 

Members also noted that all traders providing hot food after 11pm would require a licence under the new Licensing Act, effective from 24 November 2005.

6.

Licensing Act Statistical Update pdf icon PDF 22 KB

Minutes:

The Licensing Committee noted the information provided in the statistical update and additional information imparted at the meeting relating to the following:

 

(a)               District Councils will be able to comment when the Licensing Act is reviewed in February 2006; main areas of concern for this Council were:

 

(i)                 limited time period for determining applications

(ii)                the powers of the Licensing Authority

(iii)              Local Authorities unable to request a review of premises licences

(iv)              The parameters of Temporary Event Notices

(v)               The limited involvement of the Police authority due to their restricted resources

 

(b)               Reviews as a result of the hearings would commence within the next few months

(c)               There were still a number of outstanding applications

(d)               The font size on the application forms and notices of intention were considered to be too small

(e)               Costs relating to the arrangement of hearings would be finalised by the Licensing Officer and would include the additional costs of an appeal to the Magistrates Court

(f)                 Feedback from Parish Councils and local Members would be helpful

 

In conclusion, both Members and Officers were thanked for the manner in which the hearings were conducted, particularly the amount of work involved in creating and implementing what was deemed to be a successful procedure.

7.

Increase in Fees

With effect from 1st December 2005 the fees for Private Hire/Hackney Carriage Driver and Vehicle applications will increase as follows, subject to no representations being made on or before the 28th November 2005:

 

Private Hire/Hackney Carriage Driver application

 

From:  £117.00              To: £146.00 (Grant)

From:  £60.00                To: £75.00   (Renewal)

 

Vehicle Testing

 

From   £74.00                To: £94.00   (Grant)

From   £59.00                To: £74.00   (Renewal)

Minutes:

The Miscellaneous Provisions Act allowed for Councils to charge fees to cover the costs of administering Private Hire/Hackney Carriage Driver applications and Vehicle Testing but without making a profit; this was reviewable every year. It was noted that the revised charges had been advertised in the local paper and the fees for the following services would be effective from 1 December 2005, subject to no representation being made on or before the 28 November 2005

 

Private Hire/Hackney Carriage Driver application

 

From:

£117.00

To:

£146.00 (Grant)

From:

£60.00

To:

£75.00 (Renewal)

 

Vehicle Testing

 

From:

£74.00

To:

£94.00 (Grant)

From:

£59.00

To:

£74.00 (Renewal)