Please Contact: Linda Yarham
Please email: Linda.yarham@north-norfolk.gov.uk
Please Direct Dial on: 01263 516019
28 August 2014
A meeting of the Licensing and Appeals Committee of North Norfolk District Council will be held
in the Council Chamber, Council Offices, Holt Road, Cromer on Monday 15 September 2014
at 10.00 a.m.
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.
Members of the public who wish to ask a question or speak on an agenda item are requested to
arrive at least 15 minutes before the start of the meeting. It will not always be possible to
accommodate requests after that time. This is to allow time for the Committee Chair to rearrange
the order of items on the agenda for the convenience of members of the public. Further information
on the procedure for public speaking can be obtained from Democratic Services, Tel: 01263
516010, Email: democraticservices@north-norfolk.gov.uk
Anyone attending this meeting may take photographs, film or audio-record the proceedings and
report on the meeting. Anyone wishing to do so must inform the Chairman. If you are a member
of the public and you wish to speak on an item on the agenda, please be aware that you may be
filmed or photographed.
Sheila Oxtoby
Chief Executive
To: Mrs A Claussen-Reynolds, Mrs H Cox, Mrs A R Green, Mrs P Grove-Jones, Mr B Hannah, Mr
P W High, Mr B Jarvis, Mr P Moore, Miss B Palmer, Mr R Price, Mr R Reynolds, Mr R Shepherd,
Mr B Smith, Mrs A C Sweeney, Mr J A Wyatt.
All other Members of the Council for information.
Members of the Management Team, appropriate Officers, Press and Public.
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
Chief Executive: Sheila Oxtoby
Corporate Directors: Nick Baker & 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.
PUBLIC QUESTIONS
3.
MINUTES
(attached – page 1)
To approve as a correct record, the minutes of the meeting of the Licensing and Appeals
Committee held on 21 July 2014 and also the minutes of the meeting of the Licensing SubCommittee held on 30 July 2014.
4.
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.
5.
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.
6.
LICENSING WORK PROGRAMME, INCLUDING TASK AND FINISH GROUPS
(attached - page 8)
Summary:
This report highlights the current issues and
recommends a work programme for the Committee for
the coming year.
Conclusions:
Members to agree the priorities and determine if these
fit with the strategic direction of the Authority.
Recommendations:
1)
Members to agree the work programme
2) The Licensing Committee, given the priority
identified, set up appropriate task and finish
groups to move the key issues forward.
Cabinet Member(s)
Cllr John Lee
Chairman of the Licensing
Committee
Councillor Richard Price
Ward(s) affected
All
Contact Officer, telephone number and email:
Gemma Faircloth, 01263 516139 gemma.faircloth@north-norfolk.gov.uk
7.
UPDATE ON GENERAL LICENSING ISSUES
The Licensing Manager will give an oral update on licensing issues.
8.
EXCLUSION OF 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 _ of Part I of
Schedule 12A (as amended) to the Act.”
9.
TO CONSIDER ANY EXEMPT MATTERS ARISING FROM CONSIDERATION OF THE
PUBLIC BUSINESS OF THE AGENDA
Agenda item ____3___
LICENSING AND APPEALS COMMITTEE
Minutes of a meeting of the Licensing and Appeals Committee held at 10.00 am on 21
July 2014 in the Council Chamber, Council Offices, Holt Road, Cromer.
Members Present:
Mrs A Claussen-Reynolds
Mrs P Grove-Jones
Mr P W Moore
Mr R Price (Chairman)
Mr R Reynolds
Mr B Smith
Mrs A C Sweeney
Mr J Wyatt
Officers in attendance:
Public Protection Manager, Legal Advisor, Licensing Enforcement
Officer and Regulatory Officer.
1
APOLOGIES FOR ABSENCE
Mrs H Cox, Mrs A Green, Mr B Hannah, Mr P High and Mr R Shepherd sent their
apologies.
2
PUBLIC QUESTIONS
None received.
3
MINUTES
The minutes of the meeting of the Licensing and Appeals Committee held on 7 May
2014 and also the minutes of a meeting of the Licensing Sub-Committee held on 4
June 2014 were approved as correct records and signed by the Chairman.
The Public Protection Manager updated the Committee with regard to progress on
the recommendations of the Sub-Committee. It was intended to review the taxi
licensing policy later in the year when the recommendations would be considered. A
letter had been sent to Henries of Sheringham as requested.
The Public Protection Manager stated that the issue raised by Councillor Reynolds
with regard to tattoo parlours had not been progressed as yet.
4
ITEMS OF URGENT BUSINESS
There were no items of urgent business.
5
DECLARATIONS OF INTEREST
None.
6
CONDITIONS RELATING TO VEHICLE LICENCES - SIGNAGE
The Public Protection Manager requested that the Committee consider whether there
was scope to allow Officer discretion in respect of a condition in the Hackney
Carriage and Private Hire Policy and Handbook relating to signage in the rear
window of such vehicles, where safety would not be compromised. Some operators
Licensing and Appeals Committee
1
21 July 2014
had indicated that they wished to display their contact details in the rear window of
their vehicles in a similar way to garages.
Mr P W Moore expressed concern that vehicles could look like advertising hoardings.
He considered that all decisions relating to signage should remain within the remit of
the Committee. He considered that it would be unfair to place the burden of
responsibility on Officers.
Mr R Reynolds stated that this issue had been debated in depth two years previously
and he could see no reason to change the Committee’s view.
The Chairman proposed that the agreed policy be adhered to. This was seconded
by Councillor P W Moore.
RESOLVED unanimously
That the policy with regard to signage as set out in the Hackney Carriage and
Private Hire Policy and Handbook be adhered to.
In response to a question by Mrs A Claussen-Reynolds, the Public Protection
Manager stated that she understood from Norfolk County Council that signage for the
new taxi rank in Fakenham was in hand.
7
LICENSING – CHANGES TO DELEGATION OF AUTHORITY
The Public Protection Manager requested that Officers be given greater discretionary
control when serious allegations/incidents arise in relation to taxi drivers. Case law
had determined that a licence could not be suspended and subsequently revoked,
and therefore she requested authority to revoke licences in such cases, which would
then be reported to the Licensing Sub-Committee to either confirm the decision or
reinstate the licence.
In response to questions by Mrs Grove-Jones, the Officers stated that in the event of
an accusation of a serious offence, the Police would investigate but the Licensing
Authority would have to take action to prevent the accused from driving a taxi. The
Police would not necessarily be aware that the person was a taxi driver, but if the
offence related to taxi driving the Police could prevent them from driving a taxi
through bail conditions. Licensing was separate from criminal law. It was legal for
the licensing regime to prevent someone from driving prior to being charged as
licensing related to public protection. Until now, cases would have to wait until the
next available Sub-Committee meeting. There had been some cases prior to the
Public Protection Manager’s appointment where delegated powers would have been
practicable, but these had been dealt with by suspension of the driver by the
operator.
Members considered that power to revoke drivers’ licences should not be delegated
to officers and expressed concerns regarding the bureaucratic tone of such a
process, possible claims against the authority, reputational damage and lost
livelihood in the event of the accused subsequently being found innocent. It was
considered that the best approach was to call a panel of three Members together at
short notice to deal with the matter.
Mr P Moore expressed concern at the length of time it took for the Police to pass
information to the Licensing Authority and considered that this matter should be
raised with the Police Commissioner. He considered that the Police should ask
people if they were taxi drivers.
Licensing and Appeals Committee
2
21 July 2014
The Legal Advisor stated that the consideration needed to be given as to the legal
process of calling a meeting at short notice.
Mr R Reynolds requested advice as to the Council’s position in the event of a licence
being revoked and the person subsequently being found not guilty of the offence.
The Legal Advisor stated that the person could take action against the Council for
compensation for loss of earnings. The criminal regime was separate from the
licensing regime. The Committee’s decision could still be a good decision even
though the person was found not guilty at the criminal trial. Licensing Committee
considered public protection and some of the information from the investigation could
be relevant as to someone’s fitness and propriety to drive a taxi, although it may not
be sufficiently strong or relevant to convict that person of a specific offence beyond
reasonable doubt. In addition, there may be other information which was not part of
the criminal matter.
Where a licence was revoked, a person could appeal the decision in the Magistrates’
Court. If the person failed to do so and then took an action for compensation, it
would probably not assist them in their claim. If the person appealed, he or she
could drive pending the appeal unless, in addition to revocation, the Committee had
revoked the licence immediately in the interests of public protection.
Cllr Moore suggested that the views of the Section 151 Officer be sought if there was
financial risk to the Council.
RESOLVED
That the power to revoke Hackney Carriage and Private Hire Drivers’ Licences
is not delegated to Officers and that the legal process for calling a meeting of
the Licensing Sub-Committee at short notice to deal with serious allegations
be investigated.
8
UPDATE ON GENERAL LICENSING ISSUES
There were no updates to report.
9
TO RECEIVE UPDATES ON MEMBERS TASK AND FINISH GROUPS
No Task and Finish Groups had met since the last meeting.
Councillor Mrs P Grove-Jones expressed concern that only one task and finish group
had met during her term of office.
The Chairman stated that there was insufficient funding available to cover officer
time.
Councillor Mrs Grove-Jones stated that there were a number of problems which
needed to be addressed. She considered that there were funds within the Authority
which should be brought into the licensing budget.
The Public Protection Manager stated that there had been staffing issues over the
past year which had now been addressed. She was happy to bring matters back
onto the agenda which had not been progressed.
Licensing and Appeals Committee
3
21 July 2014
It was agreed that the Chairman should write to the Portfolio Holder with regard to
funding to enable issues to be progressed by Task and Finish Groups.
The meeting closed at 11.00 am.
___________________
Chairman
Licensing and Appeals Committee
4
21 July 2014
LICENSING AND APPEALS SUB-COMMITTEE
Minutes of a meeting of the Licensing Sub-Committee held on 30 July 2014 in
the Council Chamber, Council Offices, Holt Road, Cromer at 10.00 am.
Sub-Committee
Mr R C Price (Chairman)
Mr P W Moore
Mrs A Claussen-Reynolds
Officers in Attendance:
Legal Advisor, Public
Regulatory Officer
1
Protection
Manager
and
APOLOGIES
Apologies for absence were received from Mr P W High and Miss B Palmer.
Mr R C Price and Mrs A Claussen-Reynolds attended the meeting as their
substitutes respectively.
2
ITEMS OF URGENT BUSINESS
None received.
3
DECLARATIONS OF INTEREST
None received.
4
EXCLUSION OF PRESS AND PUBLIC
RESOLVED
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.
5
WK/140006659 – Application for a Licence to Drive Hackney Carriage or
Private Hire Vehicles in North Norfolk
The applicant was not present and could not be contacted.
In the absence of the applicant, the Legal Advisor advised the SubCommittee that it could either adjourn the hearing, if it was considered to be
in the public interest to do so, or consider the case in the applicant’s absence.
Two attempts had been made to contact the applicant on the number given.
The prospective employer and one known to the Licensing Team as a
possible prospective employer had been contacted and neither knew of any
reason why the applicant could not attend. The applicant had been sent
information relating to the meeting and had not made contact with the
Authority.
The Sub-Committee agreed that it should proceed with consideration of the
evidence and then decide if it was sufficient to determine the application.
Members stated that there were a number of questions they had wished to
ask the applicant.
Licensing Sub-Committee
5
30 July 2014
The Legal Advisor stated that the paramount and primary concern was the
protection of the public interest, whilst being fair to the applicant. He advised
that if the Sub-Committee were minded to approve it may be necessary to
adjourn to clarify issues with the applicant. However, if Members were of a
clear mind from the evidence before them, that the applicant was not a fit and
proper person to hold a licence the Sub-Committee could determine the
application.
The Public Protection Manager stated that the applicant had applied for a
licence to drive hackney carriage and private hire vehicles in North Norfolk.
The relevant checks had been carried out and the Disclosure and Barring
Service (DBS) certificate merited further consideration. The Public Protection
Manager drew attention to the application form and the offences and
convictions disclosed by the applicant, the applicant’s driving licence and to
the summary details taken from the DBS certificate. The Disclosure and
Barring Certificate itself could only be disclosed to the Sub-Committee by the
applicant.
Members referred to discrepancies between the dates of the offences and
convictions disclosed by the applicant on the application form and the dates
taken from the DBS certificate. There were also discrepancies between the
nature of the convictions stated by the applicant and those on the DBS
certificate, possibly because the applicant had misunderstood the
terminology. The Public Protection Manager stated that she had no further
information with regard to the dates of the offences or the background to
those offences. The Legal Advisor stated that the offences were at the lower
end of the scale.
In response to a question regarding the applicant’s medical certificate, the
Public Protection Manager stated that it had not been included in the papers
supplied to Members as it had not raised any issues of concern.
Members also raised an issue with regard to the nature of the references
supplied, one of which referred to a relationship with a member of the
referee’s family. The Public Protection Manager stated that the application
form recommended that referees should be persons of standing in the
community and that one should be a current or previous employer, but this
was not compulsory. Any two references could be accepted.
The Legal Advisor advised that the weight given to the references supplied
was a matter for the Sub-Committee.
The Sub-Committee, having no further questions, retired to consider its
decision and returned at 11.30 am.
The Chairman stated that the Sub-Committee considered there were too
many discrepancies on the application form and too many questions arising
from the information provided on the application form to make a decision. It
had therefore been decided to adjourn the hearing and write to the applicant
expressing concern that he had failed to attend or respond to attempts to
contact him, and informing him that the Sub-Committee was prepared to
reconvene to consider his application, hopefully in his presence, but if he did
not attend then a decision would be made in any event. Prior to that hearing,
the applicant would be requested to submit a correct application form and
advised to read the notes with great care, particularly with regard to
Licensing Sub-Committee
6
30 July 2014
references. He would be requested to submit details of a further referee as it
was considered that one of the referees supplied could be construed as a
family member.
The Sub-Committee also requested that urgent attention should be given to
amending the application form under paragraph 6 to add the question “Will
this be your only form of employment (yes/no) and if not, please give
information on your other employment”. The Sub-Committee had concerns
that the applicant had stated that he would be driving for six hours a day,
which could be 6pm to midnight, and have another full-time job which it was
felt was relevant to the public interest and could potentially put the public at
risk through driver tiredness.
The membership of the Sub-Committee for the reconvened meeting should
comprise Councillors Mr Price, Mr Moore and Mrs Claussen-Reynolds.
RESOLVED
That the meeting be adjourned.
The meeting closed at 11.38 am
__________________________
Chairman
Licensing Sub-Committee
7
30 July 2014
Agenda Item No_____4______
Licensing Work Programme, including Task and Finish Groups
Summary:
This report highlights the current issues and
recommends a work programme for the Committee for
the coming year.
Conclusions:
Members to agree the priorities and determine if these
fit with the strategic direction of the Authority.
1)
Recommendations:
Members to agree the work programme
2) The Licensing Committee, given the priority
identified, set up appropriate task and finish
groups to move the key issues forward.
Cabinet Member(s)
Cllr John Lee
Chairman of the Licensing
Committee
Councillor Richard Price
Ward(s) affected
All
Contact Officer, telephone number and email:
Gemma Faircloth, 01263 516139 gemma.faircloth@north-norfolk.gov.uk
1.
Introduction
1.1
Having completed a summary review of the work of the licensing team, it has
been identified that there are a number of areas which require updating and
review. Changes in law and best practice occur over time and additionally it
is important to periodically review to ensure that we continue to provide the
most efficient and effective service.
1.2
The key working areas would be:




Alternative Trading
Charitable Collections
Caravan Sites
Hackney Carriage and Private Hire
1.3
There are two priority reviews that, due to resourcing issues, have been
outstanding for some time; Alternative Trading and Charitable Collections. It
is proposed that task and finish groups are reinstated for these and
progressed prior to the end of December 2014.
1.4
Caravan sites will be dealt with over a slower timescale; initially Officers will
review the files to ensure they have the correct and up to date information.
As part of this it may be necessary to update the model conditions applied to
Licensing & Appeals Committee
8
15 September 2014
the licences. This is a significant piece of work and is likely to run for 18
months to 2 years.
1.5
The Hackney Carriage and Private Hire Policy and Handbook is due for
review at the beginning of 2015, for implementation in July 2015. It will be
necessary to identify a task and finish group for this review at the Licensing
and Appeals Committee on 10 November 2014, where further information will
be provided.
2.
Street Trading
2.1
There has for some time been a noted increase in alternative trading
activities, in particular commercial street trading and goods on the highway.
Commercial street trading from a stall, vehicle or similar is governed by the
Local Government (Miscellaneous Provisions) Act 1982. Goods on the
highway are governed by the Highways Act 1980.
2.2
Consideration of policy in this area needs to cover;
 Goods on the highway permits, outside existing shops
 Street trading
2.3
It will be necessary to;
 Review legislation and best practice
 Consider if the Authority requires a policy for alternative trading
 Identify the issues for the Authority and how these impact on the
Corporate Plan
 Consider fees and charges
2.4
Consultation with Norfolk County Council covering Highways and Trading
Standards issues will be essential.
3.
Charitable Collections
3.1
Licences for charitable collections are regularly requested these include those
carried out on the street and house to house. Additionally, Lottery licences
are also issued and Members will need to consider if the review should also
include Lotteries.
3.2
Street collections
Provisions) Order
House Collections
Regulations 1947.
3.3
Currently we issue street collections licences for a limited number of towns
and parishes as the town and parish councils were given the option some
time ago to administrate this function and the majority have kept it. We
operate a policy that where we issue licences that we limit this to one per
town or parish per day except where both parties agree that it is acceptable to
collect on the same day.
are governed by Charitable Collections (Transitional
1974 and house to house collections are governed by
Act 1939 Section 2 and the House to House Collections
Lotteries are governed by The Gambling Act 2005.
Licensing & Appeals Committee
9
15 September 2014
3.4
Consideration of policy in this area needs to cover;






Definitions of charitable and charitable purposes
Review of the legislation and best practice
Consider if the Authority requires a policy for charitable collections
Appropriateness of delegation of this function to town/parish councils
Protection from potentially fraudulent collections
Consideration of the percentage of funds given to charity and what
level is permissible.
4.
Conclusion
4.1
For the Committee to consider the work programme outlined and agree the
priorities.
4.2
For Committee to identify task and finish groups.
Licensing & Appeals Committee
10
15 September 2014