Agenda and minutes

To approve as a correct record and sign the minutes of the meeting held on 20 November 2013.

The Minutes (copies of which had been circulated) of the meeting held on 20 November 2013 were approved as a correct record and signed by the Chair.

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the public interest to exclude the public during the consideration of items (if any) on the agenda which are marked "not for publication" by virtue of the categories set out in the Local Government Act 1972 (as amended).

RESOLVED - That the public be excluded from the meeting during consideration of items 9 and 10 to prevent the disclosure of information which was not for publication relating to an individual as defined in Category 1 of Schedule 12A of the Local Government Act 1972 (as amended), the disclosure of which would not be in the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 applicants and would breach their Data Protection principles.

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

No declarations of interest were made.

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 2 Private Hire Car Drivers’ licences under the Road Safety Act 2006.

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 one hire car driver’s licence on the basis that the driver had failed to submit a Data and Barring Service disclosure and one hire car driver’s licence on the basis that the driver had failed to produce a valid DVLA Photocard driving licence.

RESOLVED – That the urgent decisions be noted.

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).

No public questions were submitted

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

The report details a revision of licence application fees for Sex Shops, Sex Cinemas and Sex Entertainment Venues.

The Committee is recommended to approve the revised fees for sex shops/cinemas/ entertainment venues as detailed in this report to take effect immediately and for the remainder of the financial year 2013/14.

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

A representative of the Corporate Director for Place Management and Regeneration submitted a report (copies of which had been circulated) detailing a revision of licence application fees for Sex Shops, Sex Cinemas and Sex Entertainment Venues.

RESOLVED – That approval be given to the revised fees for sex shops / cinema / entertainment venues as detailed in the report to take effect immediately and for the remainder of the financial year 2013/14.

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

The report details proposed amendments to the delegation arrangements for the consideration of Street Trading Consents.

That Area Committees and the Constitution Working Party be consulted on amending 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

A joint report of the Council Solicitor and the Corporate Director for Place Management and Regeneration was submitted (copies of which had been circulated) detailing proposed amendments to the delegation arrangements for the consideration of Street Trading Consents.

RESOLVED – That the Corporate Director for Place Management and Regeneration be requested to consult all Area Committees on proposals to amend the Scheme of Delegation to reflect the current practice as 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.

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

The report provides an update on the implementation of the Scrap Metal Dealers Act 2013 and details the interim Scheme of Delegation which reflects the current position that that the provisions of the Act must currently be exercised by the Executive.  The report seeks the views of the Committee on a proposed Scheme of Delegation which would be implementable following the future amendment of the ‘Functions Regulations’ to appropriately delegate this function to the Licensing, Environment and Safety Committee.

The Committee is requested to comment on the proposed Scheme of Delegation and recommend that the Council Meeting authorise the Monitoring Officer to make the necessary amendments to the Scheme of Delegation to delegate the functions of the Scrap Metal Dealers Act 2013 as detailed in Section 6 of the report which might be necessary following any future amendment of the Functions Regulations making this a ‘non-executive’ function.

Officer contact: Peter Cooke / Damian Eaton on 474 4851 / 3207 or email: peter.cooke@stockport.gov.uk / damian.eaton@stockport.gov.uk

A joint report of the Council Solicitor and the Corporate Director for Place Management and Regeneration was submitted (copies of which had been circulated) on progress since the last meeting on the implementation of the Scrap Metal Dealers Act 2013.  The report detailed the interim Scheme of Delegation that reflect the current position that the provisions of the Act must currently be exercised by the Executive.  The report also sought the views of the Committee on a proposed Scheme of Delegation which would be implementable following the future amendment of the ‘Functions Regulations’ to appropriately delegate this function to the Licensing, Environment and Safety Committee.

The following issues were raised/ comments made:-

·           Clarification was sought regarding whether licensee’s information was displayed on their site and collector’s license badge.

·           Why it was not possible to hold both a site and collectors licence simultaneously.

·           Clarification was sought regarding section 4.3 in respect of the conditions that a local authority could include when issuing a licence.

RESOLVED – (1) That the Council Meeting be recommended to authorise the Monitoring Officer to make the necessary amendments to the Scheme of Delegation, to delegate the functions of the Scrap Metal Dealers Act 2013 as detailed in Section 6 of the report, when appropriate.

(2) That the Corporate Director for Place Management and Regeneration be requested to submit a report to a future meeting of the Committee clarifying what information would be displayed on a licensee badge, obtaining a site and collectors licence simultaneously and the conditions that a local authority could include when issuing a licence.

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

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.

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

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 convictions being disclosed on a Disclosure and Barring Service check.

The Committee interviewed the applicant in relation to these matters.

RESOLVED – That the application be granted.