NOTICE OF MEETING
COMMITTEE:
LICENSING
& REGULATORY
DAY/DATE: TUESDAY,
27TH MAY 2008
NOTE
TIME: 1.30
PM
VENUE: EAST
COMMITTEE ROOM
MUNICIPAL
BUILDINGS
EARLE
STREET, CREWE
Despatch
date:
16th May 2008
Enquiries
to: Carol
Jones
Tel: 01270
537598
Fax:
01270 537605
E-mail:
agendas@crewe-nantwich.gov.uk
To:
Members of the Licensing and Regulatory Committee (for
attendance)
(Councillors T E Ankers, W T Beard (Deputy
Chair), D N Bebbington, J A Beech, A Crawford, W S Davies (Chair),
R E Dodd, B H Dykes,
J Lewis, R W Parker, M Roberts, R Salmon, R
Stafford, C Waling and L T Wood)
Other Councillors (for
information)
Chief Executive, Executive Directors
Licensing Team Officers – Legal Services
Notes to Members of the
Public
The Licensing and Regulatory
Committee consists of 15 elected Members. The Committee has 7
standing Sub-Committees. Sub-Committees 1 to 5 (3 Members on
each) deal with applications under the Licensing Act 2003,
Sub-Committees 6 and 7 (8 Members on each) deal with personnel
matters and Hackney Carriage and Private Hire licensing issues.
The Borough Council welcomes and encourages
members of the public to attend its Committee, Board and Council
meetings. If you plan to attend, please report to the
Reception Desk in the Municipal Buildings, where you will be
provided with a Visitor’s Pass.
Car parking is not available at the
Municipal Buildings, but there are several town centre car
parks. There is a disabled access to the rear of the
Municipal Buildings, and this can be accessed through the side door
on Vernon Way. Please press the button for attention, and
someone will meet you and escort you through to the main reception
area.
You are asked to remain quiet whilst the
meeting is taking place, and to enter and leave the meeting room,
or public gallery of the Council Chamber, as quietly as
possible. Please ensure that if you have a mobile phone or
pager, it is switched off for the duration of the meeting.
You are not allowed to have drinks or food
in the meeting rooms, nor in the Public Gallery. A “No
Smoking” policy operates in the Municipal Buildings.
Fire Evacuation
If the fire alarm rings, you should make
your way to the nearest exit with your belongings, as quickly as
possible, and leave the building. Please follow any
instructions from staff about evacuation routes.
Copies of the agenda will be available if
you attend. Agendas are also made available on the Internet and can
be accessed via the Council’s website – see front page for
details.
On occasions, members of the press and
public will be excluded from the meetings when the business to be
transacted is of a confidential nature, for example, dealing with
individual people, contracts and financial affairs of other
parties.
If you require any further information,
please contact Carol Jones the Committee Officer (details on front
page).
AGENDA
This agenda is divided into four
parts, and guide times for each have been given.
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PART I : 1.30 PM TO 1.45
PM
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Appointment of the seven standing
Sub-Committees.
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PART II : 1.45 PM TO 2.00
PM
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Consideration of objections under the DPPO
provisions.
Following this item, all Members, other than
those on Sub-Committee No. 6, will be asked to withdraw from the
meeting.
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PART III: 2.00 PM – 4.00
PM
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Sub-Committee No. 6 – Policy matters and
Hackney Carriage and Private Hire
matters
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PART IV: 4.00 PM
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Sub-Committee No. 6 will sit to hear an
employment appeal.
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PART I : 1.30 PM TO 1.45
PM
1
APPOINTMENT OF SUB-COMMITTEES
1.1
The Licensing and Regulatory Committee comprises a total of 15
Members.
1.2 In
addition to responsibilities under the Licensing Act 2003 and the
Gambling Act 2005, the Committee is required to continue to
undertake duties in respect of Hackney Carriage, Private Hire
vehicles, other existing licensing matters and employment
appeals.
1.3
Sub-Committees 1 to 5 (3-Members) will hear appeals in respect of
the Licensing Act 2003 and matters under the Gambling Act
2005. Sub-Committees 6 and 7 (8-Members) will consider
personnel matters and taxi licensing issues.
1.4 It is
suggested that in the interests of continuity, Sub-Committee Nos.
1-5 as appointed in 2007-2008 be re-appointed, as indicated
below. With regard to Sub-Committee Nos. 6 and 7, these have
been reconfigured, to take account of the fact that the only
Members who have received training on employment matters are
Councillors W T Beard, D N Bebbington, A Crawford, W S Davies, B H
Dykes, J Lewis, R Parker, M Roberts and R Stafford. Other
Members will be given training during the year; in the
meantime, Sub-Committee No. 6 remains the only Sub-Committee which
is qualified to hear employment appeals.
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Sub-Committee 1:
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Councillors Davies, Beech and
Salmon
Substitutes:
Councillors Ankers and Crawford
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Sub-Committee 2:
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Councillors Ankers, Crawford and
Waling
Substitutes:
Councillors Beard and Bebbington
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Sub-Committee 3:
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Councillors Beard, Bebbington and
Parker
Substitutes:
Councillors Dykes and Stafford
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Sub-Committee 4:
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Councillors Dykes, Lewis and
Stafford
Substitutes:
Councillors Dodd and Roberts
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Sub-Committee 5:
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Councillors Dodd, M Roberts and
Wood
Substitutes:
Councillors Beech and Salmon
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Sub-Committee 6:
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Councillors Bebbington, Crawford,
Davies, Dykes, Lewis, Parker, M Roberts and Stafford
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Sub-Committee 7:
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Councillors Ankers, Beard,
Beech, Davies, Dodd, Salmon, Waling and Wood
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1.5 Chairs
of Sub-Committees
At their first meeting, each Sub-Committee will
be invited to elect its Chair. It should be noted that whilst
Sub-Committees 1 to 5 will meet on an ad-hoc basis,
Sub-Committees 6 and 7 are expected to meet regularly throughout
the year and its meetings have been scheduled into the Timetable of
Public Meetings.
The Committee may wish to consider appointing
the Chair and Deputy Chair of the full Committee as the Chairs of
the two 8-Member Sub-Committees.
PART II : 1.45
PM TO 2.00 PM
2.
DECLARATIONS OF INTEREST
Members to declare any
personal or prejudicial interests which they have in any item of
business on the agenda and, if necessary, to leave the meeting
prior to discussion of that item.
Members who also serve as County, Town
or Parish Councillors or are Members of the Shadow Authority for
Cheshire East Council are reminded of the need to make declarations
in respect of any item which directly concerns the business of the
appropriate authority.
Declarations are a personal matter for
each Member to decide. Whilst Officers will advise on the
Code of Conduct and its interpretation, the decision to declare, or
not, is the responsibility of the Member, based on the particular
circumstances.
3.
DESIGNATION OF PUBLIC PLACES ORDERS
On 23rd October
2007, the Licensing and Regulatory Committee approved the making of
Designated Places Orders in 19 wards in the borough, subject to
public consultation. The statutory consultation period ended on
27th December 2007 and a summary of responses received
were summarised in a report presented to the Committee on
19th February 2008.
On that occasion, the Committee resolved that
the first Alcohol Consumption in Designated
Public Places Order No. 1 of 2008 be made, to come into force on
2nd April 2008. A second
Order was approved for public consultation, to cover areas
identified in Appendix 2 of the report submitted to that
meeting.
The period for objections has now expired, and
the Committee is invited to consider the report of the Chief
Executive (3).
4.
ADJOURNMENT OF MEETING
This concludes the business of the Full
Licensing and Regulatory Committee.
The next business will be for
Sub-Committee No. 6 only, which will convene on
the rising of the full Committee, but not before 2.00 pm.
LICENSING AND REGULATORY
SUB-COMMITTEE NO. 6
(ON THE RISING OF THE FULL LICENSING
AND REGULATORY COMMITTEE BUT NOT BEFORE 2.00 PM)
PART III: 2.00
PM – 4.00 PM
1.
DECLARATIONS OF INTEREST
Members to declare any
personal or prejudicial interests which they have in any item of
business on the agenda and, if necessary, to leave the meeting
prior to discussion of that item.
Members who also serve as County, Town
or Parish Councillors or are Members of the Shadow Authority for
Cheshire East Council are reminded of the need to make declarations
in respect of any item which directly concerns the business of the
appropriate authority.
Declarations are a personal matter for
each Member to decide. Whilst Officers will advise on the
Code of Conduct and its interpretation, the decision to declare, or
not, is the responsibility of the Member, based on the particular
circumstances.
2. PRIVATE
HIRE VEHICLE LICENSING POLICY
The report of the Strategic Manager
(Community) (2) gives
details of the consultation exercise undertaken with local traders
in respect of a proposal to introduce a revised Licensing Policy
for Private Hire vehicles used exclusively for executive
limousine-type work.
The Sub-Committee is asked to approve the
revised policy and to grant the appropriate delegations as detailed
in the report.
3. REVISED
LICENSING POLICY – “PLYING FOR HIRE”
The report of the Strategic Manager
(Community) (3)
gives details of the consultation exercise undertaken with licensed
drivers on the proposal to introduce a revised licensing policy for
Hackney Carriage and private hire drivers which makes specific
reference to those with convictions for illegally plying for
hire.
The Sub-Committee is asked to approve the
revised Statement of Policy about Relevant Convictions, with
immediate effect.
4
LICENCE TO DRIVE HACKNEY CARRIAGE AND
PRIVATE HIRE VEHICLES
The report of the Strategic Manager (Community)
(Report to follow) gives details of the holder of
a licence to drive Hackney Carriage and Private Hire vehicles who
has been convicted of a relevant offence.
The Sub-Committee is asked to determine whether
the applicant is a fit and proper person to continue to hold the
licence.
A copy of the procedure to be followed at the
meeting is attached (4.1).
5
LICENCE TO DRIVE HACKNEY CARRIAGE AND
PRIVATE HIRE VEHICLES
The report of the
Strategic Manager (Community) (Report to follow)
gives details of the holder of a licence to drive Hackney Carriage
and Private Hire vehicles.
The Sub-Committee is asked to determine whether
the applicant is a fit and proper person to continue to hold the
licence.
6
LICENCE TO DRIVE HACKNEY CARRIAGE AND
PRIVATE HIRE VEHICLES
The report of the
Strategic Manager (Community) (Report) gives details
of a new applicant to drive Hackney Carriage and Private Hire
vehicles who has a relevant conviction.
The Sub-Committee is asked to determine whether
the applicant is a fit and proper person to be granted a
licence.
+ + + +
PART IV: 4.00 PM
7.
EXCLUSION OF PRESS AND PUBLIC
The following item on the agenda has been
withheld from public deposit and circulation pursuant to Section
100B(2) of the Local Government Act 1972 on the grounds that it
involves matters which the Sub-Committee may decide should be
considered with the press and public excluded.
The Sub-Committee is asked to –
RESOLVE: That the press and
public be excluded from the meeting during consideration of the
following matter pursuant to Section 100A(4) of the Local
Government Act 1972 on the grounds that it involves the likely
disclosure of exempt information as defined in Paragraphs 1 and 2
of Part I of Section 12A (as amended) of the Act.
(Paragraph 1: Information
relating to an individual
Paragraph 2: Information which is
likely to reveal the identity of an individual.)
8.
EMPLOYMENT APPEAL
The Sub-Committee is invited to consider an
appeal by a member of staff who is appealing against a decision
made at a grievance hearing.
The hearing is essentially an oral hearing.
Any written representations which are to be relied upon in
the hearing shall be made available to all as soon as reasonably
practicable.
A copy of the procedure to
be followed at the meeting is attached.
(Item
8 - Employment Appeals Procedure)
Note:
In accordance with the Health and Safety
at Work Act, the Council is required to notify those attending
meetings of the fire evacuation procedures. A copy has
previously been distributed to Members and instructions are located
in all rooms within the Civic Suite.
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If you require this agenda
in large print, Braille, audiotape, CD or in another language,
please contact
Equality and Diversity,
Crewe and Nantwich Borough Council, Municipal Buildings, Earle
Street, Crewe, Cheshire, CW1 2BJ
Tel: 01270 537565
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