Stockton-on-Tees Borough Council

Big plans, bright future

Licensing Committee (ceased to operate 10/04/2017) Minutes

Date:
Tuesday, 16th December, 2014
Time:
10.00am
Place:
Council Chamber, Town Hall, High Street, Stockton on Tees, TS18 1AJ
 
Please note: all Minutes are subject to approval at the next Meeting

Attendance Details

Present:
Cllr Paul Kirton(Chairman), Cllr Mrs Kathryn Nelson(Vice-Chairman), Cllr Michael Clark, Cllr Evaline Cunningham, Cllr Phillip Dennis, Cllr Eileen Johnson, Cllr Alan Lewis, Cllr Ray McCall, Cllr Maurice Perry, Cllr David Wilburn, Cllr Bill Woodhead
Officers:
C Barnes, P Edwards, S Mills, J Nertney, S Whaley(LD)
In Attendance:
Applicant - Ref 119475 and his representative Mr M Vaines, Applicant - Ref 139075 and his representative Mr Zaroof, Applicant - Ref 139065 and his representative.
Apologies for absence:
Cllr Ken Dixon, Cllr Jean Kirby,
Item Description Decision
Public
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77/14
EVACUATION PROCEDURE
 
L
78/14
DECLARATIONS OF INTEREST
 
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79/14
MINUTES FROM THE LICENSING COMMITTEE MEETINGS WHICH WERE HELD ON THE 12TH AUGUST AND 23RD SEPTEMBER 2014.
RESOLVED that the minutes be approved and signed as a correct record by the Chairman.
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80/14
MINUTES FROM THE LICENSING SUB COMMITTEE MEETINGS WHICH WERE HELD ON THE FOLLOWING DATES:
3RD SEPTEMBER 2014
16TH SEPTEMBER 2014
1ST OCTOBER 2014
7TH OCTOBER 2014
21ST OCTOBER 2014

RESOLVED that:

1) the minutes from the meeting which was held on the 1st October be amended and brought back to a future meeting of the Licensing Committee for approval and signature.

2) that the minutes from the meetings which were held on the 3rd September, 16th September, 7th October, 21st October 2014 be approved and signed as a correct record by the Chairman.
L
81/14
LOCAL GOVERNMENT (MISCELLANEOUS) PROVISIONS ACT 1982
COSMETIC PIERCING & MICROPIGMENTATION - NEW BYELAWS

RESOLVED that the Local Government (Miscellaneous) Provisions Act 1982
Cosmetic Piercing & Micropigmentation - New Byelaws be adopted by Stockton Borough Council as detailed within the main report and appendices.
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82/14
EXCLUSION OF THE PUBLIC
RESOLVED that under Section 100A(4) of the Local Government Act 1972 the public be excluded from the meeting for the following items of business on the grounds that they involved the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A of the Act.
Confidential
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83/14
APPLICATION FOR A PRIVATE HIRE DRIVERS LICENCE - REF 119475
  • Application for a Private Hire Drivers Licence - Ref 119475
RESOLVED that:

1) Applicant - Ref 119475 be granted a Private Hire Drivers Licence.

2) Applicant - Ref 119475 be subject to random drugs testing at his own expense at the discretion of this Authority.
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84/14
APPLICATION FOR A PRIVATE HIRE DRIVERS LICENCE - REF 139075
  • Application For A Private Hire Drivers Licence - Ref 139075
RESOLVED that Applicant - Ref 139075 be granted his Private Hire Drivers Licence subject to the satisfactory completion of all requirements of the application process including, Applicant - Ref 139075's DSA Pass Certificate.
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85/14
APPLICATION FOR A PRIVATE HIRE DRIVERS LICENCE - REF 139065
  • Application For A Private Hire Drivers Licence - Ref 139065
RESOLVED that Applicant ref -139065 be granted a Private Hire Drivers Licence.
10.00am - 11.45am

Preamble

ItemPreamble
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77/14
The Evacuation Procedure was noted
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78/14
There were no declarations of interest.
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79/14
Consideration was given to the minutes from the meetings of the Licensing Committee which were held on the 12th August and the 23rd September 2014 for approval and signature.
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80/14
Consideration was given to the draft minutes of the Licensing Sub Committee which were held on the 3rd September, 16th September, 1st October, 7th October, 21st October 2014 for approval and signature.

Members attention was drawn to the fact that there was inaccurate information contained within the draft minutes from the Licensing Sub Committee which was held on the 1st October 2014. Members agreed that the minutes be amended and deferred to a future meeting of the Licensing Committee for approval and signature.
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81/14
Members were asked to receive, consider and comment on a report which detailed the new byelaws for micropigmentation and cosmetic piercing.

Local Government (Miscellaneous) Provisions Act required anyone carrying out micropigmentation or body piercing to ensure the safety and wellbeing of themselves and their clients.

Stockton Council already had adopted byelaws for Acupuncture, Tattooing, Ear Piercing and Electrolysis to ensure safety and hygiene for customers.

Stockton Borough Council had been receiving an increasing number of applications to carry out the business of micropigmention and body piercing but the current byelaws did not apply to these procedures.

Micropigmention was a cosmetic technique which employs tattoos permanent pigmentation of the dermis as a means of producing designs that resemble makeup, such as eye lining and other permanent enhancing colours to the skin of the face, lips, and eyelids.

Body piercing was the piercing of holes, in parts of the body other than the ear lobes, in order to insert rings or other decorative objects.

It was proposed that Stockton Borough Council adopted the byelaws specifically for micropigmentation and body piercing. Copies of the proposed byelaws were attached at appendix 1 & 2.

Procedures such as micropigmentation and piercing which involved piercing the skin with needles carried a potential risk of blood borne virus transmission if infection control procedures were not observed.

The Local Government (Miscellaneous) Provisions Act Allowed for the Local Authority to require businesses offering those types of procedures to register with the Local Authority and observe byelaws relating to the cleanliness and hygiene of premises.

Local Authorities were limited to regulating Ear Piercing, Tattooing and Acupuncture until the Act was amended to include cosmetic piercing and semi-permanent skin colouring (often referred to as micropigmentation).

Since the Authority had previously resolved that the relevant sections of the Act should be brought into force, they were automatically enabled to control the new procedures once they had adopted the relevant byelaws for the procedures.

Since receiving the applications Officers had been inspecting the premises in line with the byelaws of tattooists for hygiene requirements.

The proposed byelaws covered the same issues as the current conditions for tattooists and ear piercers but had small adaptations in line with differences in the procedures.

Officers recommended that the new byelaws were adopted as detailed within the main report, and that they would apply to all premises subject to particular circumstances which might require additional conditions being attached to a licence. Special conditions may be added in line with the views of the Licensing Officer or Council Policy.
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83/14
Consideration was given to a report for Members to determine what action to take in relation to an application for a Private Hire Drivers License from Applicant - Ref 119475 who had previously had an application refused by this Authority in January 2011. At this time Applicant - Ref 119475 had 3 police cautions for drugs offences between September 2000 and July 2005. Applicant - Ref 119475 had also failed the Council's drug test when he provided an oral fluid sample which tested positive for amphetamine in 2010.

Applicant - Ref 119475 and his representative Mr M Vaines were in attendance at the meeting and had been provided with a copy of the Committee report prior to the meeting and given the opportunity to make representation.

The report detailed:

- Applicant - Ref 119475's background and details of the offences which had been reported at the time of his previous application in 2011.

Attached to the report were copies of:

- A copy of Applicant - Ref 119475's application including his DVLA driving licence.

- A copy of a refusal letter dated 5th January 2011, relating to Applicant - Ref 119475's previous application.

- A summary transcript of an interview with Applicant - Ref 119475 dated 22nd October 2014.

The Committee considered all of the evidence including the report, appendices and oral evidence that was given. The role of the Committee was to determine if the applicant was considered to be a 'fit and proper person' to hold a licence.

Members were advised by the legal advisor to the Committee that in accordance with guidance issued 10th March 2014 regarding filtering of spent cautions, details of cautions which the Council were aware of from Applicant - Ref 119475's previous application should not be taken into consideration when assessing whether he was a fit and proper person to hold a licence. It was noted that Applicant - Ref 119475's recent enhanced DBS check which had been carried out for this application was showing no convictions or cautions.

The Committee noted that in relation to Applicant - Ref 119475's current application, he had submitted to a drug test which had proved negative. Applicant Ref - 119475 also indicated that if his licence was granted he was willing to be subject to random drugs testing as directed by licensing officers which would be carried out at Applicant - Ref 119475's expense. The Committee took into consideration the explanation Applicant - Ref 119475 and his representative had to say with regards his drug test failure in 2010, which was that he had never knowingly taken illegal drugs and believed that his drink had been spiked.

The Committee also noted that since Applicant - Ref 119475's previous application with the Authority, he had changed his lifestyle for the better. The Committee noted Applicant - ref 119475's assurance that he was willing to submit to providing random oral fluid samples for drug tests and that he would accept the costs incurred by the Council in undertaking those tests.

It was explained that should Applicant - Ref 119475 refuse to undertake any random drugs test or should any of the random tests provide a positive sample then Applicant - Ref 119475 would be referred to the Licensing Committee.

After consideration of the report, appendices and oral evidence made by Applicant - Ref 119475 and his representative Mr M Vaines at the meeting, Members agreed to grant Applicant - Ref 119475 his licence subject to the assurances he had given that he would provide oral fluid samples for drugs testing when requested by Trading Standards & Licensing Officers and that these would be carried out at Applicant - Ref 119475's expense.
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84/14
Consideration was given to a report for Members to determine what action to take in relation to an application for a Private Hire Drivers License from Applicant - Ref 139075 who currently had 9 DVLA licence points.

Applicant - Ref 139075 and his representative Mr Zaroof were in attendance at the meeting and had been provided with a copy of the Committee report prior to the meeting and given the opportunity to make representation.

The report detailed:

- Details of Applicant - Ref 139075's background.

Attached to the report were copies of:

- A copy of Applicant - Ref 139075's application including his DVLA driving licence.

The role of the Committee was to determine if Applicant - Ref 139075 was considered a 'fit and proper person' to hold a private hire drivers licence with this Authority.

The Committee considered the report, appendices and oral evidence given by Applicant - Ref 139075 and his representative Mr Zaroof during the meeting.

The Committee noted that Applicant - Ref 139075 had 9 DVLA Licensing points. An SP30 (exceeding statutory speed limit on a public road) in April 2012, when he was travelling from Manchester to London at around 50mph in a 40mph limit. Further points obtained were an SP50 (exceeding speed limit on a motorway) which were issued because Applicant - Ref 139075 was travelling in a company vehicle at around 70mph on the motorway. However, the vehicle was using the space saver tyre and these were not to be used in speeds which were in excess of 50mph. Applicant - Ref 139075 confirmed that he was in error not checking the vehicle before using it and that the sticker advising not to exceed the 50mph limit was not on the wheel.

Applicant - Ref 139075 also confirmed that he had paid all of his fines in full and that the only work he had done in the last 12 months or so was at Tesco Warehouse, Teesport, but this had only been short term contracts.

The Committee took into consideration all of the information before them and on this occasion, the Committee were minded to grant Applicant - Ref 139075 a Private Hire Drivers Licence subject to the satisfactory completion of all requirements of the application process including, Applicant - Ref 139075 DSA Pass Certificate.

It was noted that the Private Hire Drivers Licence and badges would not be issued until Applicant - Ref 139075 had provided evidence that he had completed the application process.
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85/14
Consideration was given to a report for Members to determine if Applicant - Ref 139065 could be considered a ‘fit & proper' person to hold a Private Hire Driver's licence in accordance with Section 51 of the Local Government (Miscellaneous Provisions) Act 1976 as he had relevant convictions on his Disclosure and Barring (DBS)Certificate.

Applicant - Ref 139065 and his representative were in attendance at the meeting and had been provided with a copy of the Committee report prior to the meeting and given the opportunity to make representation.

The report detailed:

- Applicant - Ref 139065's background and details of the relevant offences which had been disclosed on the Disclosure and Barring (DBS)Certificate.

Attached to the report were copies of:

- A copy of Applicant - Ref 139065's application.

- A summary transcript of an interview with Applicant - Ref 139065 dated 21st November 2014.

The role of the Committee was to determine if Applicant - Ref 139065 was considered a 'fit and proper person' to hold a private hire drivers licence with this Authority.

The Committee gave careful consideration to the report, appendices and oral evidence given by Applicant - Ref 139065 and his representative during the meeting. Members paid particular attention to Applicant - Ref 139065's previous convictions as detailed on the Disclosure & Barring Service Certificate.

The Committee took into consideration all of the information before them and on this occasion, the Committee were minded to grant Applicant - Ref 139065 a Private Hire Drivers Licence, however the Committee reminded Applicant - Ref 139065 that as a Licensed Private Hire Driver he would require the highest form of integrity and honesty at all times. Applicant - Ref 139065 was made aware at the meeting that any further offences recorded against him may result in his licence being suspended or revoked.

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