Licensing and Appeals Committee
14 March 2011
Agenda Item No______7_______
UPDATE ON TOPICAL LICENSING ISSUES
Summary:
This report updates Members on a range of
licensing issues.
Conclusions:
.
Recommendations:
That Members note the report
Cabinet member(s):
Ward(s) affected:
Councillor Brian Hannah
Contact
Officer,
number, and e-mail:
All
telephone Chris Cawley 01263 516252
Chris.cawley@north-norfolk.gov.uk
1.
Review of Policy for Hackney Carriage and Private Hire Licences
1.1.
Members discussed this matter in principle in March 2010 and agreed changes
were needed to ensure the Councils policy addressed the equality issues which
have been highlighted and also confirm to national best practice. Revised
guidance on various issues has been recently issued by the Department for
Transport and other professional bodies in the industry.
1.2.
Officers have updated the application forms for drivers and vehicle licences to
ensure adequate information and data is gathered (especially in relation to
equality issues) and to remove ambiguities. A consultation exercise on proposed
changes to the Council rule book and licence conditions is being developed
which will not only involve members of the trade but also customer groups and
local communities. The consultation will be undertaken for 12 weeks through the
summer. A revised policy handbook will then be developed for consideration by
Committee and adoption by Full Council.
1.3.
On the related issue of provision of hackney carriage (taxi) ranks in the market
towns preliminary discussions have been held with officers of Norfolk County
Highways. It is considered appropriate that detailed discussions are carried
forward separately in respect of each of the towns thereby enabling the needs of
the trade and the local communities served to be established and resolved.
Licensing and Appeals Committee
14 March 2011
2.
Goods and Amenities on the Highway
2.1.
Following concerns raised by the shopkeepers in Cromer some years ago
following enforcement action by County Highways a pilot project was undertaken
to develop a local code of practice for granting permissions for placing goods and
amenities on the highway. A working group of representatives of the Cromer
Town Council, the local Chamber of Trade, the County Council Highways and the
District Council was set up which resulted in a permit scheme for the centre of
Cromer being adopted.
2.2.
Agency powers were granted under the Highways Act to the District Council to
operate the scheme. The scheme covered placing of goods for sale; tables and
chairs; litter bins and advertising boards outside shops on the footway in areas
where it was deemed appropriate with permits being granted after consultation
and subject to conditions.
2.3.
The scheme has operated for 2 years with mixed success. Those premises which
have frontages on wide pavement areas have been able to benefit and placing of
goods racks or tables and chairs in such locations has indeed been beneficial to
traders and customers without adversely affecting the town scene or the free flow
of pedestrians. However in many streets in the town there are not such areas yet
shopkeepers and other traders have sought to put advertising boards and other
items outside premises. This has been done outside the scope of the scheme
and without permission. In general they have not been covered by insurance
either. Advertising boards in particular have been habitually placed causing
obstruction to pedestrians and such boards are easily knocked about and
affected by strong wind. Complaints are being received from a range of parties.
2.4.
Whilst it was originally envisaged the scheme would be rolled out to the other
market towns across the District this has not happened because of the problems
encountered. Indeed for all practical purposes the scheme is in abeyance.
2.5.
It is considered that the scheme is reviewed and that wider consultation is
undertaken with not only the shopkeepers but groups representing the range of
pavement users including the blind/partially sighted; wheelchair users; parent
groups etc. Preliminary discussions are being held with officers at County
Highways and proposals for undertaking this will be brought back to Licensing
Committee.
3.
Charitable Collections and Lotteries
3.1.
As a symptom of the recession the Council is receiving an increase in the
number of applications for permits for Street or Door to Door collections. This is
potentially resulting in more than one organisation collecting in a given area at
the same time. In addition applications are being received from organisations
who are agents rather charities and in some cases from it is difficult to establish
the charitable causes who are likely to benefit.
3.2.
A similar situation is developing in respect of applications for Non-commercial
Small society Lotteries under the Gambling Act 2005 with cases where it is
difficult to establish the charitable causes who are likely to benefit.
Licensing and Appeals Committee
14 March 2011
3.3.
Officers have dealt with the issues on a pragmatic basis requesting additional
documentation from applicants to clarify the status of agents and the charitable
causes but this has resulted in delays in granting permits in some cases
3.4.
Given that this situation is likely to continue it is considered appropriate that
Committee review the policy and regulations for this function. To that end it is
suggested a working group is set up from the new Licensing Committee to work
with officers to develop a formal policy for adoption later in the year.
4.
Body Piercing
4.1.
The Council historically adopted powers to register persons and premises
involved in tattooing, acupuncture and ear piercing. Applications are processed
accordingly and registered applicants are expected to comply with the byelaws
adopted by the Council covering these activities. The provisions do not provide
provisions for compliance checking and enforcement and so officers monitor and
secure compliance through Health & Safety at Work legislation.
4.2.
Increasingly over recent years it has become a trend for individuals to seek
piercing of other parts of their anatomy and services providing this service are
now widespread. The Council currently has no specific powers to control these
activities. Enquiries and complaints to the Council about such activities have now
started to increase and informal investigations by officers suggest there are many
more providers of such services locally than previously existed.
4.3.
Officers are currently investigating the position with other local authorities in the
region with a view to adopting wider powers to cover such activities. A detailed
report will be brought back to Committee in the autumn.