Please Contact: Linda Yarham
Please email: linda.yarham@north-norfolk.gov.uk
Please Direct Dial on: 01263 516019
13 May 2014
A meeting of the Licensing Sub-Committee (1) of North Norfolk District Council will be convened
in the Council Chamber at the Council Offices, Holt Road, Cromer on Wednesday 4 June 2014
at 10.00 am.
At the discretion of the Chairman, a short break will be taken after the meeting has been running
for approximately one and a half hours. Coffee will be available in the Canteen at 9.30 a.m.
Sheila Oxtoby
Chief Executive
To: Mr R Price, Mr B Smith, Mrs A Sweeney
All other Members of the Council for information.
Members of the Management Team and appropriate Officers.
If you have any special requirements in order
to attend this meeting, please let us know in advance
If you would like any document in large print, audio, Braille, alternative format
or in a different language please contact us
Large print version can be made available
Chief Executive: Sheila Oxtoby
Strategic Directors: Nick Baker and Steve Blatch
Tel: 01263 513811 Fax: 01263 515042 Minicom: 01263 516005
Email: districtcouncil@north-norfolk.gov.uk Web site: northnorfolk.org
AGENDA
1.
TO RECEIVE APOLOGIES FOR ABSENCE
2.
ITEMS OF URGENT BUSINESS
To determine any other items of business which the Chairman decides should be
considered as a matter of urgency pursuant to Section 100B(4)(b) of the Local
Government Act 1972.
3.
DECLARATIONS OF INTEREST
Members are asked at this stage to declare any interests that they may have in any
of the following items on the agenda. The Code of Conduct for Members requires
that declarations include the nature of the interest and whether it is a disclosable
pecuniary interest.
4.
Consideration of an existing licensed Private Hire Vehicle changing use to a
Hackney Carriage Vehicle & from 3 passenger seats to 4 passenger seats
(Procedure to be followed at the Hearing attached – page 1; Report attached –
page 3; Appendix A – page 5)
Summary:
This report relates to an appeal application from
an existing private hire vehicle licence owner
who would like to change the usage from
private hire to hackney carriage and the number
of passenger seats from 3 to 4, contrary to
conditions.
Conclusions:
Members are requested to consider the
representation from Mr & Mrs Joyce and
information contained within the District
Council’s Hackney Carriage and Private Hire
Policy & Handbook and either grant or refuse,
all or part of the application.
Recommendations:
That Members consider and determine this
application.
Chairman of the Licensing
Committee
Councillor R Price
Contact Officer, telephone
number, and e-mail:
Ward(s) affected:
All
Gemma Faircloth
gemma.faircloth@north-norfolk.gov.uk
01263 516139
5.
EXCLUSION OF THE PRESS AND PUBLIC
To pass the following resolution, if necessary:
“That under Section 100A(4) of the Local Government Act 1972 the press and
public be excluded from the meeting for the following items of business on the
grounds that they involve the likely disclosure of exempt information as defined in
paragraph 1 of Part I of Schedule 12A (as amended) to the Act.”
NORTH NORFOLK DISTRICT COUNCIL
Licensing Act 2003, Licensing Sub-Committee Hearings
Information to Accompany Notice of Hearing
1. Rights of Parties at Hearing
Regulation 15 Subject to [Regulations which permit exclusion of the public from a
hearing where it is in the public interest or where a person is behaving in a disruptive
manner], a party may attend the Hearing and may be assisted or represented by any
person whether or not that person is legally qualified.
Regulation 16 At the hearing a Party shall be entitled to –
a) in response to a point upon which the Authority has given notice to a party that it
will want clarification under Regulation 7(1) (d), give further information in support
of their application, representations or notice (as applicable);
b) if given permission by the Authority, question any other party; and
c) address the Authority.
2. Consequences if the Party does not attend Hearing
Regulation 20
1) If a party has informed the Authority that he does not intend to attend or be
represented at a Hearing, the Hearing may proceed in his absence.
2) If a party who has not so indicated fails to attend or be represented at a Hearing
the Authority may –
a) Where it considers it to be necessary in the public interest, adjourn the
Hearing to a specified date, or
b) Hold the Hearing in the party’s absence.
3) Where the Authority holds the Hearing in the absence of a party, the Authority
shall consider at the Hearing the application, representations or notice made by
that party.
4) Where the Authority adjourns the Hearing to a specified date it must forthwith
notify the parties of the date, time and place to which the Hearing has been
adjourned.
3. Particular Points on which the Licensing Sub-Committee will want
clarification at the Hearing from a Party
From the Applicant: No particular points
From the Objector: No particular points
From any other Party: No particular points
Note: Even where there are no particular points mentioned above, each party will be
expected to substantiate at the hearing their application details, observations or
representations already made in connection with the application under consideration.
5. Regulations
The full text of the Licensing Act 2003 (Hearings) Regulations 2005 S.I. 2005 No 44
can be viewed on the web-site of the Department for Culture, Media and Sport at
www.dcms.gov.uk.
1
6. Procedure to be followed at the Hearing
Please note: before the Hearing begins the Licensing Officer will take the names of
everyone attending and find out if they want to speak.
1. The Chairman introduces
a)
b)
c)
d)
Himself or herself and the Members of the Committee
The Legal Advisor
The Licensing Manager
The Committee Administrator.
2. The Legal Advisor
a)
b)
c)
d)
Introduces the subject of the Hearing
Notes attendances
Outlines the procedure and explains her part in it.
Asks if there are any preliminary matters, such as requests for adjournment.
3. The Chairman asks the Licensing Manager to explain the application.
4. The Licensing Manager refers the Sub Committee to the report, which they have
read beforehand, and updates them on any new information. He may call
witnesses.
5. The Licensing Manager invites questions on the report from all parties (The
Applicant, the Objectors, the Board Members and the Legal Advisor)
6. The Chairman asks the Applicant (or his/her representative) to put forward their
case. The Applicant may also call witnesses.
7. The Chairman invites questions to the Applicant from the Objectors, the Board
Members and the Legal Advisor.
8. The Chairman invites the Objectors to put forward their case.
9. The Chairman invites questions to the Objectors from the Applicant, the Board
Members and the Legal Advisor. Any party may call witnesses or ask questions
of the witnesses.
10. Closing Statements
The Chairman invites closing statements:
FIRST:
LAST:
Objectors (or Objectors Spokesman)
Applicant (or his/her representative)
11. The Chairman thanks all those who have spoken and invites the Sub Committee
to retire to the Members’ Room to make a decision.
12. The Legal Advisor accompanies the Sub Committee to provide legal advice and
to assist them to formulate their reasons (but does not take part in the making of
the decision).
13. The Sub Committee makes the decision.
14. The Sub Committee returns. The Chairman reads out the decision and the
reasons for the decision.
2
Agenda Item No__4__
Consideration of an existing licensed Private Hire Vehicle changing use to a
Hackney Carriage Vehicle & from 3 passenger seats to 4 passenger seats
Summary:
This report relates to an appeal application from an existing
private hire vehicle licence owner who would like to change the
usage from private hire to hackney carriage and the number of
passenger seats from 3 to 4, contrary to conditions.
Conclusions:
Members are requested to consider the representation from Mr
& Mrs Joyce and information contained within the District
Council’s Hackney Carriage and Private Hire Policy & Handbook
and either grant or refuse, all or part of the application.
Recommendations:
That Members consider and determine this application.
Chairman of the Licensing
Committee
Ward(s) affected:
All
Councillor R Price
Contact Officer, telephone
number, and e-mail:
Gemma Faircloth
gemma.faircloth@north-norfolk.gov.uk
01263 516139
1.
Jurisdiction
1.1.
North Norfolk Council is the Authority responsible for issuing Licences for
Hackney Carriage Vehicles and Drivers under the provisions of the Local
Government (Miscellaneous Provisions) Act 1976
2.
Application Details
2.1.
On 24th April 2014 Mr & Mrs Joyce submitted a letter to the District Council
requesting the Council consider changing their licensed private hire vehicle in two
ways. A copy of this letter is attached to this report as Appendix 1.
Licensing Sub-Committee
3
4 June 2014
2.2.
The vehicle, a Honda Jazz, was first licensed as private hire vehicle, PH358 on
22nd May 2013 which expired on 21st May 2014 and has been renewed until 21st
May 2015.
2.3.
The vehicle is currently licensed to carry 3 passengers as the rear seat space
does not comply with the Council’s Policy on seat size to be licensed to carry 4
passengers. Mr & Mrs Joyce claim that the rear seat measures 47.5 inches and
the Council’s policy states it must be 48 inches.
2.4.
Mr & Mrs Joyce would like to licence the same vehicle as a hackney carriage
vehicle but the Council’s Policy states that Hackney Carriage Vehicles must have
a minimum engine size of 1400cc and the Honda Jazz has an engine size of
1339cc.
3.
Hackney Carriage and Private Hire Policy & Handbook
3.1.
The Hackney Carriage and Private Hire Policy & Handbook approved by Council
on 30th May 2012 states,
1. Suitability of vehicles for licensing.
Only vehicles which meet the following specification will be considered for
licensing

Hackney Carriage Vehicles which have petrol or diesel engines must
have an engine size of at least 1.4l (1400cc).

Where the vehicle is fitted with continuous seats, one person shall be
counted for each completed length of 40.7cm (16 inches) measured in
a straight line along the front of each seat.
4.
Options
4.1.
Having regard to the information presented, the Sub Committee is asked to
consider and determine this application.
4.2.
In determining this application the Sub Committee may take the following actions:
a. To allow or reject the application for Mr & Mrs Joyce to change the usage of
the vehicle from private hire to hackney carriage.
b. To allow or reject the application for Mr & Mrs Joyce licence the vehicle to
carry 4 passengers
c. To allow or reject either or both.
4.3.
This application must be determined and notified to the applicant within 5 working
days from the conclusion of the hearing.
Appeals
4.4.
There is a right of appeal to the decision of the Sub Committee to the Magistrates
court within 21 days.
Licensing Sub-Committee
4
4 June 2014
5
6