Stockton-on-Tees Borough Council

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

Date:
Tuesday, 10th June, 2014
Time:
10.00am
Place:
Council Chamber, Town Hall, Hight Street, Stockton, TS18 1AU
 
Please note: all Minutes are subject to approval at the next Meeting

Attendance Details

Present:
Cllr Paul Kirton (Chair); Cllr Michael Clark, Cllr Evaline Cunningham, Cllr Phillip Dennis, Cllr Ken Dixon, Cllr Eileen Johnson, Cllr Miss Tina Large, Cllr Ray McCall, Cllr Mrs Kathryn Nelson, Cllr Maurice Perry, Cllr David Wilburn and Cllr Bill Woodhead.
Officers:
J Jones, P Edwards (DNS); J Nertney, P K Bell (LD).
In Attendance:
Applicant for Hackney Carriage Vehicle Licence - Ref 137823.
Apologies for absence:
Cllr Jean Kirby and Cllr Alan Lewis.
Item Description Decision
Public
L
15/14
EVACUATION PROCEDURE
The evacuation procedure was noted.
L
16/14
DECLARATIONS OF INTEREST
There were no interests declared.
L
17/14
MINUTES FROM THE MEETING WHICH WAS HELD ON THE 28TH MARCH 2014.
RESOLVED that the minutes be approved and signed as a correct record.
L
18/14
LICENSING ACT 2003 - MINOR VARIATION APPLICATIONS
RESOLVED that the report be noted.
L
19/14
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
L
20/14
APPLICATION FOR A COMBINED DRIVERS LICENCE - REF 134928
  • Application for a Combined Drivers Licence - Ref 134928
RESOLVED that the item be deferred.
L
21/14
COMBINED PRIVATE HIRE AND HACKNEY CARRIAGE DRIVER - REF 001451
  • Combined Private Hire and Hackney Carriage Driver - Ref 001451
RESOLVED that the item be deferred.
L
22/14
COMBINED PRIVATE HIRE AND HACKNEY CARRIAGE DRIVER - REF 000798
  • Combined Private Hire and Hackney Carriage Driver - Ref 000798
RESOLVED that the item be deferred.
L
23/14
APPLICATION FOR A PRIVATE HIRE DRIVERS LICENCE - REF 001278
  • Application for a Private Hire Drivers Licence - Ref 001278
RESOLVED that the item be deferred.
L
24/14
APPLICATION FOR A HACKNEY CARRIAGE VEHICLE LICENCE - REF 137823
  • Application for a Hackney Carriage Vehicle Licence - Ref 137823
RESOLVED that the Application for a Hackney Carriage Vehicle Licence - Ref 137823 be approved.
10.00 am - 12.00 noon

Preamble

ItemPreamble
L
17/14
Consideration was given to the minutes of the meeting held 28th March 2014.
L
18/14
Consideration was given to a report that informed Members of the delegated decisions that had been taken by officers in relation to minor variation applications under the Licensing Act 2003 for the period April 2013 until March 2014.

At the meeting held on 27 April 2010 Members considered a report on the number of minor variation applications determined by officers under the Licensing Act 2003 using delegated powers.

At that meeting Members agreed that there be no change to the delegated powers but requested that future update reports provide more details of applications that had been refused. Minute L 2/10 refers.

Members were advised that since the last report a further twenty-six applications for minor variations had been received, four of which had been refused. A list of the premises that had been subject to minor variation applications was attached to the report. The majority of these applications had been in respect of either minor alterations to the layout of the premises or amendments / removal of conditions.

In respect of the applications that were refused; these were for substantial changes to the licensed area and could undermined the licensing objectives. The applicants would need to apply for a full variation to allow consultation with local residents.
L
20/14
Members were informed that the applicant was not in attendance at the meeting.
L
21/14
Members were informed that the applicant was not in attendance at the meeting.
L
22/14
Members were informed that the applicant was not in attendance at the meeting.
L
23/14
Members were informed that Private Hire Driver Licence - Ref 001278 had submitted a letter to the Licensing Department requesting that the item be heard in his absence.

Members felt that as this was an application for a new licence and members were required to decide whether Private Hire Driver Licence - Ref 001278 was a fit and proper person then he should be in attendance at the meeting when the item is considered and therefore agreed to defer the item.
L
24/14
Consideration was given to a report on an application for a new Hackney Carriage Vehicle licence after the proprietor failed to renew the existing licence. The vehicle was a saloon vehicle that did not meet the requirements of the Council's Private Hire and Hackney Carriage Licensing Policy with regard to wheelchair accessibility.

The report detailed the background to the applicant and the details of the situation.

Attached to the report were copies of:-

- All the relevant correspondence between the applicant and the Licensing Department

Members were reminded that paragraph 79 of the Council's Private Hire and Hackney Carriage Licensing Policy stated:-

"The Council had therefore agreed a revised specification for wheelchair accessible vehicles (WAV's) which was set out at and has determined that all new applications for hackney carriage vehicle licences shall be required to comply with this specification, until the total number of WAV's licensed reaches 25% of the total hackney carriage fleet, which equates to 70 vehicles, when the Policy will then be reviewed. Existing licensed saloon hackney carriages can be replaced by another saloon vehicle until this policy is next reviewed."

At the time of this meeting, the Council had 295 licensed hackney carriage vehicles, of which 23 were wheelchair accessible.

The proprietor of Hackney Carriage Vehicle Licence - Ref 137823 was in attendance at the meeting and had been provided with a copy of the report prior to the meeting and was given the opportunity to make representation.

Members considered the full contents of the report presented to them. Members also had regard to the oral representations that the applicant made during the meeting itself.

The issue for Members was to decide whether to depart from the requirements of the Council's Private Hire and Hackney Carriage Licensing Policy with regard to wheelchair accessible vehicles and approve the application to licence a new hackney carriage saloon vehicle following the expiry of the previous licence.

On this particular occasion Members decided that after hearing the oral submission from the applicant they were persuaded that there were exceptional circumstances to depart from the Council's Licensing Policy and therefore they approved the application for a new hackney carriage saloon vehicle. This was subject to the vehicle meeting all of the other requirements of the Council's application process.

Members reminded the applicant that it was his responsibility as the vehicle proprietor to ensure that all renewal applications were submitted in an accurate and timely manner. Members may well act differently should similar matters be reported to them in the future.

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