Agenda and minutes

Licensing, Environment & Safety Committee - Wednesday, 19th February, 2014 6.00 pm

Venue: Committee Room 2, Town Hall, Stockport. View directions

Contact: Democratic Services 

Items
No. Item

1.

Minutes pdf icon PDF 28 KB

To approve as a correct record and sign the minutes of the meeting held on 8 January 2014.

Minutes:

The Minutes (copies of which had been circulated) of the meeting held on 8 January 2014 were approved as a correct record and signed by the Chair.

 

2.

Exclusion of the Public and the Public Interest Test

To consider whether it is in the public interest to exclude the public during the consideration of items (if any) on the agenda which are marked "not for publication" by virtue of the categories set out in the Local Government Act 1972 (as amended).

 

Minutes:

RESOLVED - That the public be excluded from the meeting during consideration of item 9 to prevent the disclosure of information which was not for publication relating to an individual as defined in Category 1 of Schedule 12A of the Local Government Act 1972 (as amended), the disclosure of which would not be in the public interest, would not be fair to the applicant and would breach their Data Protection principles.

 

 

 

3.

Declarations of Interest

Councillors and officers to declare any interests which they have in any of the items on the agenda for the meeting.

 

Minutes:

No declarations of interest were made.

4.

Urgent Decisions

To report that the Corporate Director (Place Management and Regeneration) has taken urgent action in consultation with the Chair of the Licensing, Environment and Safety Committee to suspend 4 Private Hire Car Drivers’ licences and 1 Hackney Carriage Driver’s licence.

 

 

 

Minutes:

A representative of the Corporate Director for Place Management and Regeneration reported that the Corporate Director had, in consultation with the Chair, taken urgent action to suspend four hire car drivers’ licences pending receipt of information from the Data and Barring Service; two hire car drivers’ licences on the basis that the drivers had failed to produce a Data Barring and Service disclosure certificate and one Hackney Carriage driver’s licence pending an investigation. 

 

RESOLVED – That the urgent decisions be noted.

 

5.

Public Question Time

Members of the public are invited to put questions to the Chair and members of the Committee on any matters within the powers and duties of the Committee, subject to the exclusions set out in the Code of Practice. (Questions must be submitted prior to the commencement of the meeting on the cards provided.  These are available at the meeting and at local libraries and information centres).

Minutes:

No public questions were submitted.

6.

Licensing Fees & Charges 2014/15 pdf icon PDF 118 KB

To consider a report of the Corporate Director for Place Management and Regeneration.

 

The report details proposed amendments to licensing fees and charges for the forthcoming financial year, 2014/15.

 

The Committee is recommended to approve the proposed licence fees for 2014/15 as set out in Appendix 1 of the report.

 

Officer contact: Ian O’Donnell on 474 4175 or email: ian.odonnell@stockport.gov.uk

 

Minutes:

A representative of the Corporate Director for Place Management and Regeneration submitted a report (copies of which had been circulated) detailing proposed amendments to licensing fees and charges for the forthcoming financial year, 2014/15.

 

RESOLVED – That approval be given to the proposed licence fees for 2014/15, as set out in Appendix 1 of the report.

 

 

 

7.

Joint Guidance and Policies for Charitable Collections pdf icon PDF 22 KB

To consider a report of the Corporate Director for Place Management and Regeneration.

 

The report details the introduction of licensing arrangements and conditions to regulate Street Collections and House to House Collections in Stockport.

 

The Committee is recommended to agree the introduction of licensing arrangements for Street Collections and House to House Collections.

 

Officer contact: Caitriona Muldoon on 474 4162 or email: caitriona.muldoon@stockport.gov.uk.

 

 

 

 

Additional documents:

Minutes:

A representative of the Corporate Director for Place Management and Regeneration submitted a report (copies of which had been circulated) detailing proposals of the introduction of licensing arrangements and conditions to regulate Street Collections and House to House Collections in Stockport.

 

It was highlighted that paragraph 3.22 in the report should read ‘The Council will not issue permits to an individual or organisation that has held an unlawful street or house to house collection within its area, or that of another Local Authority within the last five years’.

 

The following issues were raised/ comments made:-

 

·           Discussion took place in respect of the proposed five year period for which the Council would not issue further permits to an individual or organisation who had broken the Street Collections Regulations set by this Council, or those of another Local Authority. 

·           Concern was raised regarding the credibility of charitable organisations and bogus charity collectors.

·           A suggestion was made that paragraphs 3.22 and 3.23 as set out in the report should be amended to read as follows: ‘The Council will not normally issue’ as opposed to ‘The Council will not issue’.

·         A suggestion was made that the reasons stated in paragraph 3.41 should include: ‘If the individual or organisation was not considered to be fit and proper to hold a licence’.

·         It was proposed that consideration be given to refusing to issue a permit to an individual or organisation where less than a third of the proceeds would be given to a charity or charitable cause, as opposed to the 20% requirement suggested in the report.

·         A suggestion was made to review the policy in twelve months’ time.

·         The definition of proceeds as opposed to profit was discussed.

·         Identifying good practice from other local authorities was recommended.

 

RESOLVED – That the Corporate Director for Place Management and Regeneration be recommended to give consideration to the comments of the Committee and that the revised Joint Guidance and Policies for Charitable Collections be circulated to Members in advance of a further report on the matter being submitted to the next meeting of the Committee. 

 

 

 

 

8.

Street Trading Consents pdf icon PDF 53 KB

To consider a report of the Corporate Director for Place Management and Regeneration.

 

The report details the outcome of the consultation with area committees and the Constitution Working Party on proposals to amend the Scheme of Delegation with regard to the determination of street trading consents.

 

The Committee is recommended to consider the comments of the area committees and the Constitution Working Party as detailed in Section 4 of the report, and recommend that the Council Meeting give approval to the amendment of the Scheme of Delegation to reflect the current practice detailed in Section 3 of the report, such that the determination of Street Trading Consents be delegated to the Corporate Director for Place Management and Regeneration, save in those instances where there have been two or more applicants for a single pitch; where there have been objections or an appeal against the decision of the Corporate Director.

 

Officer contact: Ian O’Donnell / Damian Eaton on 474 4175 / 3207 or email: ian.odonnell@stockport.gov.uk / damian.eaton@stockport.gov.uk

Minutes:

A representative of the Corporate Director for Place Management and Regeneration submitted a report (copies of which had been circulated) detailing the outcome of the consultation with Area Committees and the Constitution Working Party on proposals to amend the Scheme of Delegation with regard to the determination of street trading consents.

 

RESOLVED – That the Council Meeting be recommended to approve the amendment of the Scheme of Delegation to reflect the current practice detailed in Section 3 of the report, such that the determination of Street Trading Consents be delegated to the Corporate Director for Place Management and Regeneration, save in those instances where there had been two or more applicants for a single pitch; where there had been objections or an appeal against the decision of the Corporate Director.

 

 

Item Not for Publication

9.

Case No P1541

To consider a report of the Corporate Director (Place Management and Regeneration)

 

The report details an application for the grant of a licensed hire car driver’s licence.

 

The Committee is recommended to consider whether or not the applicant is a fit and proper person to hold a drivers licence.

 

Officer contact: Ian O’Donnell on 474 4175 or email: ian.odonnell@stockport.gov.uk

 

Minutes:

A representative of the Corporate Director for Place Management and Regeneration submitted a report (copies of which had been circulated) requesting the Committee to consider the suitability of the applicant to be licensed as a private hire car driver following a conviction being disclosed on a Disclosure and Barring Service check.

 

The Committee interviewed the applicant in relation to this matter.

 

RESOLVED – That the application be granted.