13 September 2012 Licensing and Appeals Committee Council Chamber

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Please Contact: Alison Argent
Please email: [email protected]
Please Direct Dial on: 01263 516058
13 September 2012
A meeting of the Licensing and Appeals Committee of North Norfolk District Council will be held
in the Council Chamber at the Council Offices, Holt Road, Cromer on Monday, 24 September
2012 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. Coffee will be available in the foyer outside the Council
Chamber at 9.30 a.m. and at the break.
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
516047, Email: [email protected]
Sheila Oxtoby
Chief Executive
To: Mrs A Claussen-Reynolds, Mrs A R Green, Mrs P Grove-Jones, Mr B Hannah, Mr P W High,
Mr B Jarvis, Miss B Palmer, Mr R Price, Mr R Reynolds, Mr R Shepherd, Mr B Smith, Mrs A C
Sweeney, Mrs H Thompson, Mrs L Walker, 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 [email protected] 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 May 2012 and also the minutes of the meetings of the Licensing
Sub-Committees held on 30 May, 20 June, 18 July and 21 August 2012.
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.
CHANGES TO THE LAW AFFECTING SALE OF ALCOHOL AND ENTERTAINMENT
LICENSING AND OTHER TOPICAL ISSUES
(page 17)
Summary:
This report updates Members on impending changes to
the law and on consultation issues
Conclusions:
Recommendations:
Cabinet member(s):
Councillor Trevor Ivory
Licensing Committee
Chairman
Councillor Richard Price
Contact Officer, telephone
number, and e-mail:
7.
Ward(s) affected:
All
Chris Cawley 01263 516252
[email protected]
REGULATION OF COSMETIC PIERCING AND SKIN-COLOURING BUSINESSES
(page 20)
(Appendix 1 – page 24)
(Appendix 2 – page 28)
Summary:
This report proposes that the Council adopt legislation
that facilitates regulation of cosmetic piercing and semipermanent skin-colouring businesses. This will provide
for greater protection of the public from risks associates
with these techniques including blood-borne viruses
(BBV) such as HIV, hepatitis B and hepatitis C.
Adoption of the provisions will bring these businesses
into line with existing regulated cosmetic treatments
(such as electrolysis, acupuncture and tattooing)
requiring persons carrying on such businesses to
register themselves and their premises and in
compliance with byelaws in respect of matters related to
the cleanliness and hygiene of such businesses.
Conclusions:
By adopting the new provisions, the Council will enable
tighter control of businesses performing cosmetic
piercing and semi-permanent skin-colouring. This will
ensure that they maintain high standards of public
health and safety, therefore contributing to a safer and
healthy North Norfolk.
Recommendations: That the Licensing Committee agree to adopt
provisions
under
the
Local
Government
(Miscellaneous Provisions) Act 1982 as amended to
regulate additional treatments namely cosmetic
piercing and semi-permanent skin–colouring and
recommend to Full Council for approval including:
Cabinet Member
Cllr T Ivory
Chairman of
Licensing
Committee Cllr R
Price
•
Adoption and authorisation of new bye-laws;
•
a resolution authorising the affixing of the
common seal to the bye-laws; and
•
authorising the Head of Legal to carry out the
necessary procedure and apply to the
Secretary of State for confirmation
Ward(s) affected
All
Contact Officer, telephone number and email:
Chris Cawley, 01263 516252, [email protected]
8.
TO RECEIVE UPDATES ON MEMBERS TASK AND FINISH GROUPS
9.
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.”
10.
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
May 2012 in the Council Chamber, Council Offices, Holt Road, Cromer.
Members Present:
Mrs A Claussen-Reynolds
Mrs P Grove-Jones
Mr B J Hannah
Mr B Jarvis
Miss B Palmer
Mr R Price (Chairman)
Mr R Reynolds
Mr B Smith
Mrs A C Sweeney
Mr J Wyatt
Officers in attendance:
The Licensing Manager, the Environmental Health Manager, the
Legal Advisor, and the Democratic Services Officer (AA).
1
APOLOGIES FOR ABSENCE
Apologies were received from Mrs A R Green, Mr P W High, Mr R Shepherd and Mrs
L Walker.
2
PUBLIC QUESTIONS
Mr A Coleman, Chairman of the Taxi and Private Hire Association, Mr S Heels,
representing North Norfolk Taxi Association and Mr C Andrews, representing North
Norfolk Taxi Association and also an operator, requested to speak on agenda item 6
– Revision of the Taxi Licensing Policy, Handbook, Licence Conditions and
Associated Licence Fees.
3
MINUTES
The Legal Advisor informed Members that an email had been received from a
member of the public who had attended the Licensing Sub-Committee held on 25
April 2012 and had stated that some comments made at the meeting were absent.
The Legal Advisor asked Members whether they wished for any amendment to be
made. She informed Members that the minutes were not verbatim but a reflection of
what happened at the meeting. Members agreed that the minutes were a reflection
of the meeting and did not need to be amended.
The minutes of the meetings of the Licensing and Appeals Committee held on 26
March and 2 April 2012 and also the minutes of the meetings of the Licensing SubCommittees held on 7 March and 25 April 2012 were approved as correct records
and signed by the Chairman.
4
CHAIRMAN’S ANNOUNCEMENT
The Chairman informed the meeting of the tragic death of a young taxi driver the
previous week.
5
ITEMS OF URGENT BUSINESS
None.
Licensing and Appeals Committee
1
21 May 2012
6
7
DECLARATIONS OF INTEREST
Member(s)
Minute
No.
Item
Interest
Mr B Hannah
48
Revision of the Taxi Licensing
Policy, Handbook, Licence
Conditions and Associated
Licence Fees
Personal – was
previously a Chairman
of the Taxi Drivers
Forum
Mr B Jarvis
48
“
Personal – as a
regular private hire
user
REVISION OF THE TAXI LICENSING POLICY, HANDBOOK, LICENCE
CONDITIONS AND ASSOCIATED LICENCE FEES
The report provided an update on consultation feedback from the taxi trade.
The Chairman reminded Members that this report had been considered to the
Committee on 26 March 2012 which was just before the end of the consultation
period and it had been deemed appropriate to bring the matter back before the
Committee in order to consider additional feedback and if necessary revise its
recommendations to Full Council.
The Licensing Manager said that the key issues were the fees which the Council was
to set for the forthcoming year. The taxi trade had sought to make representations
and this matter was now back before Members to reflect on their recommendation for
setting the fees. Originally the fees were to take effect from 1 May 2012 but would
now be recommended to Full Council to effect from 1 July 2012. The report showed
proposed revised transitional arrangements and a proposed revised licence fee
structure for 2012/13. The taxi trade had expressed the wish to have a one-year
licence as well as a three-year licence. There was now a requirement for new drivers
to undertake a driving test and for a cyclical medical assessment to take place threeyearly or five-yearly. The majority of the taxi trade had opted for three-yearly.
Mr A Coleman, Chairman of the Taxi and Private Hire Association spoke on the
proposals. He expressed concern over the proposed increase in fees as he
considered that this would lead to a loss of part-time drivers, many of whom
undertook school drives and weekend drives and would impact on the individual
companies. The formation of the Taxi and Private Hire Association had been a good
thing and enabled taxi drivers to work with Council.
Mr S Heels, representing North Norfolk Taxi Association, was pleased that the
handbook had been revised but felt that it could go further. He expressed concern at
what he considered were ill-timed and costly changes. Many people lived in isolated
locations and were retired and used taxis frequently. He considered that the
proposed fees could cause a loss of taxi drivers and as a result Norfolk County
Council would struggle to cover some of its services. He felt that savings could
instead be made administratively by moving to three-year licences and the subsidy
gradually being reduced.
Mr C Andrews, a taxi operator and representing North Norfolk Taxi Association said
that the handbook did not include contract work and if it was revised, the taxi trade
Licensing and Appeals Committee
2
21 May 2012
should be consulted further. The trade would prefer more clarity on rights and
wrongs. He asked that the proposals be deferred for further consultation. The public
should have more access to taxis but the proposals could restrict this.
The Chairman reminded Members of the working party which had been set up to look
into the revision of the taxi licensing policy, handbook, licence conditions and
associated licence fees. As part of the review, they had looked at a legislation
handbook for all districts in Norfolk. It was a reasonable expectation for neighbouring
districts to have the same rules, so this was an opportunity to move closer towards
that. Members also needed to consider looking at a cost neutral service at the end of
this administration.
In response to a question, the Licensing Manager explained the reason for the
proposed revised licence fee structure. Historically, the Council had always sought to
cover its direct costs. Further representations from the taxi trade had shown that the
original proposed increase was considered to be too steep. In response, the
minimum costs which needed to be recovered had been looked at and £90 was
found to be the minimum. Option 1 was for an increase whilst option 2 was for a
subsidy to be reviewed after three years. The cost of a new licence had been
reduced to the same cost as a renewal so that it did not become a barrier to entry.
A Member expressed concern over the effect of a move towards a non-subsided taxi
service which would affect coaches. She also suggested that perhaps councils
should move towards one overall licensing authority. The Environmental Health
Manager explained that any subsidy system was carried out through Norfolk County
Council. The Council had to identify a series of savings including additional income.
The Chairman added that it was in the Council’s interest to make contact with other
authorities as approximately 80% of the handbook could be the same.
The Chairman stated that as the Council issued taxi licences, it was the Council’s
responsibility in law to protect the rights of the public and it would be inappropriate for
Officers not to interview a taxi driver.
With reference to 3.2, Mr B Hannah considered that the proposals brought in too
much too soon and proposed instead a fee of £60 be made to be increased to £90 in
three years’ time. It was proposed by Mr R Reynolds and seconded by Mrs A
Claussen-Reynolds that the Councils adopt Option 1. Mr B Hannah withdrew his
proposal. It was proposed by Mrs P Grove-Jones and seconded by Mrs A Sweeney
that the Council adopts Option 2. Upon being put to the vote, 5 Members voted in
favour of Option 1 and 4 against; and 4 Members voted in favour of Option 2 and 5
against. Option 1 was therefore carried.
An amendment to proposal 3.4 in the report, was proposed by Mr B Hannah and
seconded by Mrs A Sweeney - That in introducing the requirement for all drivers and
applicants to have a group 2 medical on a three yearly basis, that flexibility be given
for those individuals who currently hold alternative driving qualifications (such as PSV
or HGV drivers licences) to submit their medical reports on a six yearly cycle unless
medical contradictions exist. Upon being put to the vote, this was carried by 7 votes
to 2.
RECOMMENDED to Full Council
a. That the Council offers applicants the ability to apply for either a 1 year licence or
a 3 year licence. The fees for a 3 year licence (new or renewal) would be set at
a level that covers the Council costs (£170).
Licensing and Appeals Committee
3
21 May 2012
b. That the fee for 1 year licences be set at a level to provide preferential
transitional arrangements for drivers on a stepped incremental basis (i.e. 1 year
licence would increase to £90 for the current year with a review on an annual
basis).
c. That the requirement for a Driving Standards Assessment is introduced on a
voluntary (rather that compulsory) basis at the present time with the ability for the
Licensing authority to make it a mandatory requirement in cases where concern
over a particular drive for applicant has been raised. The Council encourage all
taxi drivers to obtain recognised professional training and qualifications
throughout their career to assist with probity checks.
d. All drivers and applicants to have a group 2 medical on a six yearly basis, unless
medical contradictions exist.
e. That the following licence fee structure for 2012/13 be approved:
LICENCE TYPE
Existing
fee
new
fee
2012
£90
likely
fee
2013
For
review
likely
fee
2014
For
review
Licence to Drive
Hackney Carriages
or Private Hire
Vehicles
New licence valid
for 1 year
£102.38
Licence to Drive
Hackney Carriages
or Private Hire
Vehicles
Licence to Drive
Hackney Carriages
or Private Hire
Vehicles
New licence valid
for 3 years
Not
applicable
£170
£170
£170
Renewal of licence
valid for 1 year
£48.82
£90
£130
£170
Licence to Drive
Hackney Carriages
or Private Hire
Vehicles
Hackney Carriage
Vehicle Licence
Private Hire
Vehicle Licence
Private Hire
Operators Licence
Renewal of licence
valid for 3 years
Not
applicable
£170
£170
£170
New or renewal –
valid 1 year
New or renewal –
valid 1 year
New or renewal –
valid 5 years
£138.43
£190
£190
£190
£138.43
£190
£190
£190
£145.33
£150
£150
£150
f)That, for the avoidance of doubt, the proposed Penalty Points System table “using a
mobile phone, radio hand set, eating or drinking whilst the vehicle is in motion” be
amended by adding the expression “unless specifically exempted by law”.
Mr B Smith voted against (f) and Mr B Hannah abstained from voting on (f).
The Legal Advisor clarified that the penalty points scheme in the handbook did not
put points on to a driver’s DVLA driving licence and also, there would be the
possibility to appeal against penalty points. The Licensing Manager added that the
proposed penalty points system had been in use by several authorities around the
country.
Licensing and Appeals Committee
4
21 May 2012
Members suggested a number of amendments to the handbook but it was explained
that it would be an ongoing process.
The meeting was adjourned at 12.10pm and reconvened at 12.20pm.
8
CHANGES TO THE LAW AFFECTING SALE OF ALCOHOL AND
ENTERTAINMENT LICENSING
The report updated Members on recent changes to the law.
With reference to health authorities being able to make representations, Mr B
Hannah considered that they should be made to respond.
9
TO RECEIVE UPDATES ON MEMBERS TASK AND FINISH GROUPS
Taxi Driver Association
The Chairman asked whether now that there was a Taxi Driver Association, whether
a representative from the Council should be invited to attend their meetings.
Members of the Committee agreed with this.
Street Trading
The Licensing Manager said that this working party needed to meet more frequently
in order to move things on. Recommendations should come from the working party
to the September meeting of the Committee.
Gambling Policy
The Licensing Manager said that by the end of year, by law, the Council needed to
have reviewed its Gambling Policy and a working party would be needed to be set up
for this purpose. He would email all Members of the Committee to ask for any
interest in being on the working party.
The meeting closed at 12.55pm.
_____________________
Chairman
Licensing and Appeals Committee
5
21 May 2012
LICENSING AND APPEALS SUB-COMMITTEE
Minutes of a meeting of the Licensing and Appeals Sub-Committee held on 30
May 2012 in the Council Chamber, Council Offices, Holt Road, Cromer at
10.00am.
1
Sub-Committee
Mrs H Thompson (Chairman)
Mrs A Claussen-Reynolds
Mrs A Green
Officers in Attendance:
The Legal Advisor, the Licensing Manager and the
Democratic Services Team Leader (MMH)
Also in Attendance:
The Applicant
APOLOGIES
None received.
2
ITEMS OF URGENT BUSINESS
None received.
3
DECLARATIONS OF INTEREST
None
4
EXCLUSION OF THE PRESS AND PUBLIC
Members decided that they wished to go into Private session for items 5 and 6 to
hear fully from the Applicant and consider matters in confidence.
RESOLVED
That under S100 A (4) of the Local Government Act 1972, the public and press be
excluded from the meeting for Agenda Item No 4 on the grounds that it involved the
likely disclosure of exempt information as defined in paragraph 1 of Part 1 of
Schedule 12 (a) of the Act.
5
WK/120010860 – APPLICATION FOR A LICENCE TO DRIVE HACKNEY
CARRIAGE OR PRIVATE HIRE VEHICLES IN NORTH NORFOLK
The Applicant was present.
The Chairman introduced the Panel and Officers. The Legal Advisor outlined the
procedure. She explained that, at a later stage, the Panel would withdraw to make
a decision. She would accompany them to provide legal advice and to assist them to
formulate their reasons but would not take part in the making of the decision. The
Applicant needed to satisfy the Sub Committee that he was a fit and proper person to
drive a hackney carriage or private hire vehicles in North Norfolk.
The Licensing Manager outlined the application. A valid application had been
received and checks and consultations had been carried out. The Applicant’s DVLA
Drivers Licence showed a disqualification of 56 days complete with an Offence code
of TT99. It was this disqualification and surrounding circumstances which merited
further consideration. The Applicant had received an offer of employment subject to
being granted a taxi licence.
Licensing Sub-Committee
30 May 2012
6
Copies of the Applicant’s DVLA Drivers Licence had been provided to the SubCommittee.
In response to a question from Mrs A Claussen-Reynolds, the Licensing Manager
explained that the length of time for which a DVLA Drivers Licence was issued could
vary for different reasons, including instructions from the Magistrates Court.
In response to a question from Mrs H Thompson, the Applicant said that he had
decided to be a taxi driver because he wanted a change of occupation, and to better
provide for his family. He knew the local area well, having been resident for 13 years
and was a good driver.
In response to a question from Mrs A Claussen-Reynolds the Applicant explained
that he had been given a medical discharge from the Army, but that he had fully
recovered from the injury and it didn’t affect his ability to drive.
The Applicant put his case:
He informed the Sub-Committee of a previous disqualification in 2010 which
appeared on his driving record and told Members about the nature and specific
circumstances of the driving offences for which he had received a disqualification. He
also presented a letter of reference from his future father in law.
In reply to a question from Mrs A Green, the Applicant gave assurance that he had
checked that the taxi company he would be working for was a reputable one. The
Licensing Manager confirmed that this was so. Responding to a question from Mrs H
Thompson, the Applicant said he felt confident in dealing with potentially rowdy
customers, as he related well to all kinds of people. If he got the job, his passengers
would mostly be local people returning from Norwich.
The Legal Advisor explained the determination process; to grant a licence, Members
must be satisfied that the Applicant was a fit and proper person to drive a taxi in
North Norfolk. In deciding the application, the Sub-Committee would take into
account the information from the Licensing Manager in considering the Applicant’s
suitability to hold a taxi licence in North Norfolk. The Sub-Committee would also take
into account the information that the Applicant put forward, including his driving
licence and reference letter. The Licensing Sub-Committee would take into account
not only the Applicant’s interests but also the interests of the general public.
The Sub Committee retired at 10.35 am to consider their decision and returned at
10.50 am.
The Chairman told the Applicant that the Sub-Committee had considered relevant
written and oral evidence before it. The Sub-Committee considered that the
Applicant’s past misdemeanours were not all of his doing and took the view that he
had learnt a very difficult lesson from that situation. It took note of the fact that the
Applicant had been treated quite leniently for the previous driving offences. It
considered that he was well supported and indeed encouraged to establish himself
with a secure future and had been offered a job by a reputable taxi firm. Having
listened to and considered all the information, the Sub-Committee deemed that the
Applicant was a fit and proper person to drive a taxi.
RESOLVED
To grant the licence.
The meeting concluded at 10.50 am.
Licensing Sub-Committee
30 May 2012
7
LICENSING AND APPEALS SUB-COMMITTEE
Minutes of a meeting of the Licensing and Appeals Sub-Committee held on 20
June 2012 in the Council Chamber, Council Offices, Holt Road, Cromer at
10.00am.
Sub-Committee
Officers in Attendance:
Also in Attendance:
1
Mr P W High (Chairman)
Miss B Palmer
Mr J Wyatt
The Legal Advisor, the Licensing Manager, and the
Democratic Services Officer (AMA)
The Applicant and Supporters
APOLOGIES
None received.
2
ITEMS OF URGENT BUSINESS
None received.
3
DECLARATIONS OF INTEREST
None
4
APPLICATION TO VARY PREMISES LICENCE – THURSFORD COLLECTION,
THE STREET, THURSFORD NR21 0AS
The following were present:
Ms G Rye, the Applicant
Mr R Hewitt, Solicitor, Hayes and Storr (representing the Applicant)
Ms S Matthews, Solicitor, Hayes and Storr
In support of the Application
Mr C Cushing
Mr G Cushing
The Chairman introduced the Panel and Officers. The Legal Advisor confirmed the
names of those present and outlined the procedure for the Hearing. There were no
objectors present, but letters of objection had been received and would be taken into
account. She explained that, at a later stage, the Panel would withdraw to make a
decision. She would accompany them to provide legal advice and to assist them to
formulate their reasons but would not take part in the making of the decision.
The Licensing Manager presented the report. The Thursford Collection was the
largest licenced premises in the District. A licence had been in force there for some
time and no issues had arisen. The Applicant wished to add the showing of films to
the licence, to which no-one had raised any objections. The Applicant also wished to
extend the licensed area to include open spaces which could also be used for
marquees in future. Four letters/emails of objections had been raised to this.
Authorities had been consulted and had not raised any objections. The Applicant
Licensing Sub-Committee
20 June 2012
8
had gone through the proper process of applying for permission. The Licensing
Manager asked whether the permission sought today would be used year round or
only at certain times of the year. The Applicant explained that this was for the
Christmas period but she would like permission all year round because of day long
visits. If coach tours visited the restaurant, it was difficult to sit down and have a
meal.
The Applicant’s solicitor referred to the opening statement (minutes appendix A),
copies of which had been circulated to Members and officers and had also been
made available for any members of the public should they attend the meeting. He
drew attention to various points within the statement and emphasised that the
principle behind the application was to sustain visitor numbers, not increase them,
and to enhance their visit. Also, some of the objections made, related to matters
outside the remit of the Council. None of the authorities consulted had raised any
objections to the application.
In response to a question, Ms Rye said that lighting would not be increased in the
new area.
The Legal Advisor referred to objections made concerning the marquee being
inadequate for containing noise. The marquee had hard sides and was doubleglazed and was used as an overflow restaurant. She asked whether this was for
amplified music outside. Ms Rye responded that this was not for amplified music.
Music was played outside, but to give an overall better effect for customers.
The Legal Advisor said there did not appear to be significant representations that
related to the application to show films. Members needed to focus on the main
aspect of the application which was relating to public nuisance ie noise and also
aspects of crime and disorder. They needed to take into account whether any steps
were needed to prevent them. The Human Rights Act also needed to be considered
in respect of the application together with the rights of people who lived and worked
in the area. The variation of the licence should be considered by asking whether it
could be implemented as set out and promote the licensing objectives adequately. If
not, could adequate conditions be attached. If not, the application could be refused.
No representations objecting to the application had been received from responsible
authorities but from interested parties.
The Panel retired at 10.40am and returned at 10.55am.
The Chairman announced that having heard representations from the Licensing
Managerr, the Applicant and the Applicant’s Solicitor and reading the documentation
provided to the Panel had
RESOLVED
to grant the variation to the premises licence as set out in the application.
The Chairman thanked everyone for attending.
The meeting concluded at 10.55am.
___________________
Chairman
Licensing Sub-Committee
20 June 2012
9
LICENSING AND APPEALS SUB-COMMITTEE
Minutes of a meeting of the Licensing and Appeals Sub-Committee held on 18
July 2012 in the Council Chamber, Council Offices, Holt Road, Cromer at
10.00am.
Sub-Committee
Mrs H Thompson (Chairman)
Mrs A Claussen-Reynolds
Mrs P Grove-Jones
Officers in Attendance:
The Head of Legal Services, the Licensing Manager and
the Democratic Services Team Leader (MMH)
Also in Attendance:
The Applicants, and Supporter for Item 7
1
APOLOGIES
None received.
2
ITEMS OF URGENT BUSINESS
None received.
3
DECLARATIONS OF INTEREST
None
4
EXCLUSION OF THE PRESS AND PUBLIC
Members decided that they wished to go into Private session for items 5, 6
and 7 to hear fully from the Applicants and consider matters in confidence.
RESOLVED
That under S100 A (4) of the Local Government Act 1972, the public and
press be excluded from the meeting for Agenda Item No 4 on the grounds
that it involved the likely disclosure of exempt information as defined in
paragraph 1 of Part 1 of Schedule 12 (a) of the Act.
5
WK/120011182 – APPLICATION FOR A LICENCE TO DRIVE HACKNEY
CARRIAGE OR PRIVATE HIRE VEHICLES IN NORTH NORFOLK
The Applicant was present.
The Chairman introduced the Panel and Officers. The Head of Legal Services
outlined the procedure. She explained that, at a later stage, the Sub
Committee would withdraw to make a decision. She would provide them with
legal advice and to assist them to formulate their reasons but would not take
part in the making of the decision. The Applicant needed to satisfy the Sub
Committee that he was a fit and proper person to drive a hackney carriage or
private hire vehicles in North Norfolk.
The Licensing Manager outlined the application. An application had been
received and checks and consultations had been carried out. The application
omitted to give information on matters contained in the Applicant’s CRB
Disclosure. References from two named referees had been requested on 17
April 2012 but had not yet been received.
Licensing Sub-Committee
18 July 2012
10
There were no questions of the Licensing Manager.
The Applicant confirmed that he had seen the CRB Disclosure and was
aware of the matters Members would be referring to.
The Applicant put his case. He told the Sub Committee that some of the
offences had taken place over 20 years ago. Since then he had been in the
Army, held 3 taxi driver’s licences, been in the Fire Brigade and the Medical
and Bodyguard Department in Iraq. He held a Class 1 licence with no penalty
points and had certification from the Fire Brigade, as well as documents
relating to other vehicles. He also had a commendation from the Fire Brigade.
In response to a question from Mrs A Claussen-Reynolds, the Applicant said
that he had held two taxi driver’s licences in Norfolk and one in Northern
Ireland. He handed his badges to the Sub Committee for inspection and, in
answer to a question, said that he had never been subject to proceedings by
the other Licensing authorities. He agreed to his badges being photocopied
for the records.
In response to a question from Mrs P Grove-Jones, the Applicant said that he
was presently employed as an agency security guard. He handed over his CV
and letters of recommendation for perusal by the Sub Committee. Answering
a question about a gap in his CV from 1992 – 1999, the Applicant said that in
that period he had done a variety of work but had not included them in the CV
because they were not relevant to applying for a position in the security
industry.
The Applicant was questioned about an offence in 1994. The Applicant
asserted that this was not on his copy of the CRB. The Head of Legal
Services explained that his CRB and the Council’s copy would be the same
and said that a further copy of the Council’s copy would be made for him.
The Head of Legal Services suggested to the Applicant that it might help his
case to explain why his offences had occurred. He told Members that it was
because of the transition between Army and civilian life and the pressures of
life in Belfast in that period. When asked about his references he said that he
couldn’t remember the names he had given and that the referees might not
still be living in the same location. The Head of Legal Services explained that
references must be received before a licence could be granted. The Licensing
Manager suggested approaching the Fire Service and Broadland District
Council. The Applicant agreed to this suggestion.
In response to questions from the Sub Committee, the Applicant said that he
lived in Norwich but was hoping to work for a taxi operator in Cromer.
Before the Sub Committee retired to consider the application, the Head of
Legal Services reminded them that they would be considering if the Applicant
was a fit and proper person to hold a taxi driver’s licence. They should take
into account the relevant documents and what had been said at the Hearing.
They should also apply the commonsense test, i.e. would they put a relative
in his taxi.
The Sub Committee adjourned at 10.45 am and returned at 11.45 am.
The Head of Legal Services advised that enquiries had been made of
Broadland District Council which had raised queries. It was necessary to
Licensing Sub-Committee
18 July 2012
11
adjourn the Hearing until these had been resolved. The Chairman reminded
the Applicant that he also needed two references.
RESOLVED
to adjourn the Hearing.
6
WK/120015217 - APPLICATION FOR A LICENCE TO DRIVE HACKNEY
CARRIAGE OR PRIVATE HIRE VEHICLES IN NORTH NORFOLK
The Chairman introduced the Sub Committee and Officers. The Head of
Legal Services outlined the procedure. She explained that, at a later stage,
the Panel would withdraw to make a decision. She would provide them with
legal advice and to assist them to formulate their reasons but would not take
part in the making of the decision. The Applicant needed to satisfy the Sub
Committee that he was a fit and proper person to drive a hackney carriage or
private hire vehicles in North Norfolk.
The Licensing Manager introduced the application. A valid application had
been received but the CRB Disclosure had contained details about the
Applicant which merited further consideration.
The Applicant put his case. He told the Sub Committee that, although his
offence had been serious, it had been committed a long time ago and was not
relevant to his application. He had worked for a period of six years as a taxi
driver in Norwich. His customers had included vulnerable people and
schoolchildren.
In response to questions from the Sub Committee the Applicant said that he
hadn’t taken drugs since 1982. In recent years he had been a carer for his
former partner and had been offered a job as a taxi driver, dependent on
being granted a licence.
Before the Sub Committee retired to consider the application, the Head of
Legal Services reminded them that they would be considering if the Applicant
was a fit and proper person to hold a taxi driver’s licence. They should take
into account the relevant documents and what had been said at the Hearing.
They should also apply the commonsense test, i.e. would they put a relative
in his taxi.
The Sub Committee adjourned at 12.00 noon to consider the application and
returned at 12.13 pm.
RESOLVED
to grant the Licence.
7
WK/120016988 - APPLICATION FOR A LICENCE TO DRIVE HACKNEY
CARRIAGE OR PRIVATE HIRE VEHICLES IN NORTH NORFOLK
The Chairman introduced the Panel and Officers. The Head of Legal Services
outlined the procedure. She explained that, at a later stage, the Sub
Committee would withdraw to make a decision. She would provide them with
legal advice and to assist them to formulate their reasons but would not take
part in the making of the decision. The Applicant needed to satisfy the Sub
Licensing Sub-Committee
18 July 2012
12
Committee that he was a fit and proper person to drive a hackney carriage or
private hire vehicles in North Norfolk.
The Licensing Manager introduced the application. A valid application had
been received and the Applicant had a conditional offer of employment from a
taxi operator. However his CRB Disclosure had contained details about the
Applicant which merited further consideration.
There were no questions at this stage.
The Applicant had previously put his case in a letter but now explained it in
his own words. He assured the Sub Committee that the offence, which had
happened in 2006, would not be repeated. Since then he had done Jury
Service and been employed in work which included erecting playground
equipment.
Before the Sub Committee retired to consider the application, the Head of
Legal Services reminded them that they would be considering if the Applicant
was a fit and proper person to hold a taxi driver’s licence. They should take
into account the relevant documents and what had been said at the Hearing.
They should also apply the commonsense test, i.e. would they put a relative
in his taxi.
The Sub Committee adjourned at 12.25 pm to consider the application and
returned at 12.30 pm.
RESOLVED
to grant the Licence, subject to receipt of a satisfactory second reference.
The meeting concluded at 12.33 pm.
Licensing Sub-Committee
18 July 2012
13
LICENSING AND APPEALS SUB-COMMITTEE
Minutes of a meeting of the Licensing and Appeals Sub-Committee held on 21
August 2012 in the Council Chamber, Council Offices, Holt Road, Cromer at
2.00 pm.
Sub-Committee
Mrs H Thompson (Chairman)
Mrs A Claussen-Reynolds
Mrs P Grove-Jones
Observing:
Mr R Reynolds (a Member of the
Licensing and Appeals Committee)
Officers in Attendance:
The Solicitor, the Licensing Manager and the Democratic
Services Team Leader (MMH)
1
APOLOGIES
None received.
2
ITEMS OF URGENT BUSINESS
None received.
3
DECLARATIONS OF INTEREST
None
4
EXCLUSION OF THE PRESS AND PUBLIC
RESOLVED
That under S100 A (4) of the Local Government Act 1972, the public and
press be excluded from the meeting for Agenda Item No 4 on the grounds
that it involved the likely disclosure of exempt information as defined in
paragraph 1 of Part 1 of Schedule 12 (a) of the Act.
5
WK/120011182 – APPLICATION FOR A LICENCE TO DRIVE HACKNEY
CARRIAGE OR PRIVATE HIRE VEHICLES IN NORTH NORFOLK
This was a re-convening of the Hearing adjourned on 18 July 2012 and, as
such, was being heard by the same Members.
The Applicant was not present. He had given notice by email that he agreed
to the Hearing proceeding in his absence. The Licensing Manager advised
that it was in the interests of the Applicant for the matter to be heard as soon
as possible unless Members had reasons for an adjournment.
RESOLVED
to proceed with the Hearing in the absence of the Applicant.
Licensing Sub-Committee
21 August 2012
14
The Licensing Manager informed Members that, since the adjournment on
July 18 2012, further information had been sought and received:
a) A documentary evidence sheet had been compiled and was attached at
Appendix A of the report. This summarised the contents of the Applicant’s
CRB disclosure.
b) References had been received and were attached at Appendix B of the
report.
c) Enquiries of Norfolk Fire Service had confirmed that the Applicant was
employed as a whole-time fire fighter in Norwich from 2 May 2000 to 20
August 2004 when he resigned to seek alternative employment.
d) Broadland District Council had confirmed that they had licensed the
Applicant as a Taxi driver in 2005 for 3 years (expiring on 17 February
2008) conditionally with a written warning as to future conduct as a result
of his conviction record. The paperwork from Broadland had been
archived. It would have been desirable to have more information, but this
was not practically possible.
The Applicant had made his application before the new Handbook had
been approved by Full Council. He now had the choice between applying
for a one-year or a three-year licence. This was something Members
might wish to consider if they were minded to grant the licence.
Questions were asked of the Licensing Manager:
a) Mrs A Claussen-Reynolds asked where the Applicant intended to work
since he lived in Norwich. The Licensing Manager replied that it was
not unusual for taxi drivers to live outside the area where they were
licensed. The Applicant had not indicated if he intended to work for an
operator or become self-employed.
b) Mrs Claussen-Reynolds expressed concern that one of the references
was received by email with no identification to show that it was bona
fide. The Licensing Manager said that the Licensing Team had further
information about that particular referee.
c) Concern was expressed about discrepancies between the Applicant’s
application form and the offences listed on his CRB. The Democratic
Services Team Leader read back the notes she had taken at the
Hearing of 18 July 2012. The notes suggested that the Applicant was
aware of the matters on his CRB but was trying to mitigate them by
telling the Panel about more recent activities that were indicative of
good character.
d) The Solicitor to the Council asked if there were conditions the
Licensing Manager would want to see attached if Members were
minded to grant the licence. The Licensing Manager replied that he
would require clarification if the Applicant was seeking to work for an
operator or intending to become self-employed. Working for an
operator would be preferable from the point of view of public
protection. A one-year licence would also be preferable to a longer
term.
It was noted that the 2 references had been read by Members and that
the information provided by the Applicant at the previous meeting had
been taken into consideration.
The Sub Committee adjourned at 2.45 pm and returned at 3.10 pm.
Licensing Sub-Committee
21 August 2012
15
The Chairman gave the decision of the Sub Committee.
The Sub Committee thanked the Applicant for his updated information and
noted his commendation from the Fire Service and second reference.
The Sub Committee also noted that the Applicant had held a taxi licence
with Broadland District Council from 2005 to 17 February 2008,
conditional, with a written warning as to future conduct because of his
conviction record.
However, having reviewed all the further documentation, the Panel still felt
there were discrepancies and inconsistencies between the information
supplied on the application form dated 17 April 2012 and the CRB
documentation. The Sub Committee considered that in view of the
previous driving offences and disqualification the Applicant did not
adequately fulfil the Licensing requirement to be a fit and proper person to
hold a private hire and hackney carriage driver’s licence, particularly as
the offences and disqualification were not disclosed in full by the Applicant
on his application form.
The Sub Committee had, therefore, decided not to grant the licence on
this occasion.
There would be a right of appeal against this decision to the Magistrates’
Court. An appeal must be commenced within 21 days beginning with the
day on which the notification of the decision was received.
RESOLVED
Not to grant the licence.
The meeting concluded at 3.15 pm.
Licensing Sub-Committee
21 August 2012
16
Licensing and Appeals Committee
24 September 2012
Agenda Item No______6_______
CHANGES TO THE LAW AFFECTING SALE OF ALCOHOL AND ENTERTAINMENT
LICENSING AND OTHER TOPICAL ISSUES
Summary:
This report updates Members on impending
changes to the law and on consultation issues
Conclusions:
Recommendations:
Cabinet member(s):
Ward(s) affected:
Councillor Trevor Ivory
All
Licensing Committee Chairman
Councillor Richard Price
Contact
Officer,
number, and e-mail:
telephone Chris Cawley 01263 516252
[email protected]
1.
Introduction
1.1.
Members will recall that following consultation about rebalancing the licensing
laws in favour of local communities the Government included a number of
measures in the Police Reform and Social Responsibility Act 2011. Consultation
on other proposed changes have also taken place. Several of these measures
which amend the Licensing Act 2003 came into force on 25 April 2012 other
changes will be introduced this autumn as detailed below.
1.2.
This report also updates Members on the Gambling Policy.
17
Licensing and Appeals Committee
24 September 2012
2.
Key changes to the Licensing Act coming into force 1 October 2012 – Live
music and Premises Licences
2.1
The Live Music Act 2012 (a Private Members Bill) makes significant amendments
to the Licensing Act 2003 and these will come into force on 1 October 2012.
2.2
This will remove the licensing requirements for:
•
Amplified live music between 8am and 11pm before audiences of no more than
200 people on premises which have alcohol licences
•
Amplified live music between 8am and 11pm before audiences of no more than
200 people in workplaces not otherwise licensed under the Licensing Act 2003 or
licensed only for the provision of late night refreshment; and
•
Unamplified live music between 8am and 11pm in all venues
•
Provision of entertainment facilities
2.3
Any conditions on existing Premises Licences currently relating to such activities
will be suspended between 08.00 and 23.00hours. There will be an ability to
reapply those conditions if a review of the licence is called and a hearing takes
place. For live music taking place beyond these hours then the conditions will
apply.
2.4
As most licensed venues in the District have a capacity of less than 200 these
provisions will have a bearing on most pubs, clubs, hotels, guest houses and
restaurants in North Norfolk.
2.5
In recent years many Premises which have historically only had an alcohol
licence have carried out entertainment events using the Temporary Events
Notice provisions. This has alerted the Council and the Constabulary to the event
and officers have been able to visit the venue or contact the proprietors to give
advice which has mitigated adverse effects on local residents. This prior
notification will not take place if the live music is to finish by 23.00hrs and it is
likely that this will mean an increase in complaints received which will need to be
responded to.
3.
Key changes to the Licensing Act in force on 31 October 2012 – Late Night
Levy
3.1
These new provisions, set out in the Police Reform and Social Responsibility Act
2011, come into force on 31 October 2012. They enable licensing authorities to
introduce a late night levy across the whole of their area if the authority considers
it desirable to raise revenue in relation to the costs of policing crime and disorder
connected to the supply of alcohol in that area between midnight and 6am..If a
levy is introduced , it is payable by holders of Premises Licences or club
premises certificates which authorise the supply of alcohol at times beginning at
or after midnight and ending at or before 6am (on any day of the year).
Regulations provide for certain local exemptions to the Levy. The amount of the
Levy is prescribed in Regulations (ranging from £299 for a Band A premises to
£1,493 for a Band E Premises) and will be payable in addition to the current
annual licence fee. Once collected 70% of the net levy revenue is to be passed to
the police with the licensing authority retaining the other 30%. The regulations
18
Licensing and Appeals Committee
24 September 2012
provide for certain exemptions to the levy.
3.2
Prior to making a decision to implement the levy a licensing authority is expected
to discuss the matter with the police If the licensing authority considers it
appropriate then formal consultation must be undertaken with the police, licence
holders and others.
3.3
Preliminary discussions with the police indicate that it would not be appropriate
provision for North Norfolk. A further report will prepared for consideration by the
Licensing and Appeals Committee in November 2012.
4.
Updated statutory guidance
4.1
In connection with the new legislation, the Secretary of State has issued draft
updated statutory guidance under section 182 of the Licensing Act. Members will
need to have regard to this updated guidance in its final form when determining
future contested licence applications.
5.
North Norfolk District Council Gambling Policy
5.1.
In line with current legislation the Council is required to review its current
Gambling Policy and consult on any amendments prior to adopting a revised
policy in December 2012. The current policy was developed with the other 6
licensing authorities across Norfolk six years ago and has stood the test of time.
Officers are currently consulting with the trade on any changes needed and it is
signposted on the Councils website. Licensing Committee will consider any
proposed amendments this autumn and make recommendations to Full Council
for adoption on 19 December 2012.
19
Agenda Item No______7______
REGULATION OF COSMETIC PIERCING AND SKIN-COLOURING BUSINESSES
Summary:
This report proposes that the Council adopt
legislation that facilitates regulation of cosmetic
piercing and semi-permanent skin-colouring
businesses. This will provide for greater protection
of the public from risks associates with these
techniques including blood-borne viruses (BBV)
such as HIV, hepatitis B and hepatitis C.
Adoption of the provisions will bring these
businesses into line with existing regulated
cosmetic treatments ( such as electrolysis,
acupuncture and tattooing) requiring persons
carrying on such businesses to register themselves
and their premises and in compliance with byelaws
in respect of matters related to the cleanliness and
hygiene of such businesses.
Conclusions:
By adopting the new provisions, the Council will
enable tighter control of businesses performing
cosmetic piercing and semi-permanent skincolouring. This will ensure that they maintain high
standards of public health and safety, therefore
contributing to a safer and healthy North Norfolk.
Recommendations:
That the Licensing Committee agree to adopt
provisions under the Local Government
(Miscellaneous Provisions) Act 1982 as
amended
to regulate additional treatments
namely cosmetic piercing and semi-permanent
skin–colouring and recommend to Full Council
for approval including:
Cabinet Member
Cllr T Ivory
•
Adoption and authorisation of new byelaws;
•
a resolution authorising the affixing of
the common seal to the bye-laws; and
•
authorising the Head of Legal to carry out
the necessary procedure and apply to the
Secretary of State for confirmation
Ward(s) affected
All
20
Chairman of Licensing
Committee Cllr R Price
Contact Officer, telephone number and email:
Chris Cawley, 01263 516252, [email protected]
1.
Introduction
1.1
Local Authorities were able to adopt the sections of the Local
Government (Miscellaneous Provisions) Act 1982 that
require
businesses performing ear piercing, electrolysis, tattooing and
acupuncture to:
ƒ register themselves and their premises; and
ƒ observe byelaws relating to the cleanliness and hygiene of
premises, practitioners and equipment.
1.2
North Norfolk District Council adopted these provisions in 1984 and
has regulated these specified activities for many years. There are
currently some 60 premises registered by the Council carrying on one
or more of these treatments in the District.
1.3
However, the provisions adopted currently do not extend to body
piercing, micro-pigmentation, semi-permanent make-up and temporary
tattooing. These “cosmetic” techniques are gaining popularity nationally
and locally and it is timely to consider adoption of appropriate
legislative controls. The current extent of businesses involved in these
activities in North Norfolk is not clear.
1.2
Micro-pigmentation, semi-permanent make-up and temporary tattooing
are techniques similar to tattooing, which involve injecting
vegetable/chemical dyes into the skin, for example as eye liner or lip
liner, for areola reconstruction or to apply to tattoo motifs. The
pigmentation lasts for several years and is reputed to be nonpermanent unlike traditional tattooing.
1.3
There are now additional adoptive provisions
Schedule 6 of the Local Government Act 2003
piercing and skin-colouring businesses. The
available on 1 April 2004, and local authorities
whether to implement them locally.
1.4
The provisions extend the powers of local authorities to require
businesses carrying out body piercing, micro-pigmentation and semipermanent make-up to register themselves and their premises and also
require them to conform to certain standards of hygiene.
1.5
The regulation of skin piercing activities is intended to increase health
protection and reduce the risk of blood borne viruses (BBV), infections
such as HIV, hepatitis B and hepatitis C.
2
Conclusion
21
in section 120 and
to regulate cosmetic
measures became
were able to decide
2.1
Cosmetic piercing and semi-permanent skin-colouring carry a potential
risk of BBV transmission if infection control procedures are not
observed (e.g. the use of sterile equipment for each client). Until 2004
with the change in the law, local authorities did not have powers to
require businesses offering these services to register and observe
byelaws relating to the cleanliness and hygiene of premises. Local
authorities’ powers were limited to regulating ear piercing, tattooing,
electrolysis and acupuncture. These additional techniques are
becoming more popular and the public health risks associated with
poor practices are significant.
2.2
By adopting the new provisions, the Council will provide additional tools
to secure compliance of appropriate standards by businesses
performing cosmetic piercing and semi-permanent skin-colouring. This
will ensure that they maintain high standards of public health and
safety, therefore contributing to a safer and healthy North Norfolk.
3
Legal Implications and Risks
3.2
The 2003 Act amends the 1982 Act to include cosmetic piercing and
semi-permanent skin-colouring businesses in the list of those which
local authorities have adoptive powers to regulate. The term “Cosmetic
Piercing” covers ear piercing and cosmetic body piercing and “Semipermanent skin colouring” covers micro-pigmentation, semi-permanent
make-up and temporary tattooing.
3.3
The District Council will need to resolve to adopt the powers provided
in the Local Government (Miscellaneous Provisions) Act 1982 to cover
these additional categories of treatment including the requirement for
registration and adoption of additional byelaws.
3.4
Persons and premises already registered for tattooing, ear piercing and
electrolysis are unaffected.
3.5
A person and premises already registered for ear piercing shall be
counted as registered for cosmetic piercing until that person
subsequently provides another form of cosmetic piercing, or those
premises are subsequently used to provide another form of cosmetic
piercing (that is, cosmetic piercing of a part or parts of the body other
than the ear). If or when this happens, a new application for registration
will be required.
4.6
Given that the District Council has already adopted separate byelaws
for each of acupuncture, tattooing, ear piercing and electrolysis it would
be appropriate for separate additional byelaws to be adopted for each
of the additional treatments to be regulated. Model Byelaws for
businesses undertaking cosmetic piercing and semi-permanent skincolouring to secure high standards of cleanliness in relation to the
premises, fixtures, fittings, operators and instruments, materials and
equipment have been prepared by the Dept. of Health and are attached
at Appendix 1 and Appendix 2.
22
4.7
The adoption and introduction of these new byelaws will mean that the
Council is playing its part in ensuring that services the public use are
regulated to the proper standard and will enable a more uniform
regulation of such businesses.
4.8
The specified procedure for adoption of new bylaws includes
publication in local newspapers and submission to the Secretary of
State for confirmation.
5
Financial Implications and Risks
5.1
The cost of implementing these new provisions is estimated to be
minimal and will be offset by several factors.
5.2
Local authorities are able to charge a reasonable registration fee. The
current fee set by North Norfolk District Council for registrations of
treatments is £65 and it would be appropriate for the same fee to be
applied in respect of registrations of the additional treatment
categories.
5.3
Officers in the Commercial Team of the Environmental Health
Department already inspect many of these businesses as the premises
may be registered for other activities or need visits under health and
safety legislation. Additional premises can be integrated into the
current inspection plan on a risk based approach.
5.3
There will be a minimal cost to undertake the formal adoption
procedure including placing of a Notice of the Council’s intention to
apply for confirmation from the Secretary of State, in at least one local
newspaper circulating the area to which the byelaws apply.
5.4
A copy of the Byelaws having been subject to the necessary
procedures, must be deposited at the Council’s offices and be open to
public inspection without charge at all reasonable times during that
month.
5
Sustainability
6.1
None as a direct consequence of this report.
7
Equality and Diversity
7.1
None as a direct consequence of this report.
8
Section 17 Crime and Disorder considerations
8.1
None as a direct consequence of this report
23
APPENDIX 1
Draft model byelaws
Cosmetic piercing
Byelaws for the purposes of securing the cleanliness of premises registered
under section 15 of the Local Government (Miscellaneous Provisions) Act
1982 and fittings in those premises and of registered persons and persons
assisting them and the cleansing and, so far as appropriate, sterilization of
instruments, materials and equipment used in connection with the business of
cosmetic piercing made by .................................................. in pursuance of
Section 15(7) of the Act.
1.
Interpretation:
a.
In these byelaws, unless the context otherwise requires –
“The Act” means the Local Government (Miscellaneous
Provisions) Act 1982;
“Client” means any person undergoing treatment;
“Operator” means any person giving treatment;
“Premises” means any premises registered under Part VIII of the
Act;
“Proprietor” means any person registered under Part VIII of the
Act;
"Treatment” means any operation in effecting cosmetic piercing;
“The treatment area” means any part of the premises where
treatment is given to clients.
b.
2.
The Interpretation Act 1978 shall apply for the interpretation of
these byelaws as it applies for the interpretation of an Act of
Parliament.
For the purpose of securing the cleanliness of premises and fittings in
such premises a proprietor shall ensure that –
a.
All internal walls, doors, windows, partitions, floors and floor
coverings, and ceilings are kept clean and in such good repair
as to enable them to be cleaned effectively;
b.
All waste materials, and other litters, arising from the treatment
should be handled and disposed of as clinical waste in
accordance with relevant legislation and guidance as advised by
the local authority;
24
3.
c.
All needles used in treatment are single-use and disposable, as
far as is practicable; and are stored and disposed of as clinical
waste in accordance with the relevant legislation and guidance
as advised by the local authority;
d.
All furniture and fittings in the premises are kept clean and in
such good repair as to enable them to be cleaned effectively;
e.
All tables, couches and seats used by clients in the treatment
area, and any surface on which the items specified in 3b below
are placed immediately prior to treatment, have a smooth
impervious surface which is disinfected immediately after use
and at the end of each working day;
f.
Where tables and couches are used, they are covered by a
disposable paper sheet which is changed for each client;
g.
No eating, drinking or smoking is permitted in the treatment area
and a notice or notices reading “No Smoking”, “No Eating or
Drinking” is prominently displayed there.
For the purpose of securing the cleansing and so far as is appropriate,
the sterilization of instruments, materials and equipment used in
connection with the treatment –
a.
An operator shall ensure that, before use in connection with
treatment, any gown, wrap or other protective clothing, paper or
other covering, towel, cloth or other such article used in the
treatment –
i.
is clean and in good repair, and, so far as is appropriate,
sterile;
ii.
has not previously been used in connection with any
other client unless it consists of a material which can be
and has been adequately cleaned and, so far as is
appropriate, sterilized.
b.
An operator shall ensure that any needle, metal instrument, or
other item of equipment, used in treatment or for handling
instruments and needles used in the treatment is in a sterile
condition and kept sterile until it is used;
c.
A proprietor shall provide –
i.
adequate facilities and equipment for the purpose of
sterilization (unless pre-sterilized items are used) and of
cleansing, as required in pursuance of these byelaws;
ii. sufficient and safe gas points and/or electrical socket outlets
to enable compliance with these byelaws;
25
iii. an adequate constant supply of clean hot and cold water
readily available at all times on the premises;
iv. adequate storage for all items mentioned in byelaw 3 a and b
above, so that those items are properly stored in a clean
and suitable place so as to avoid, as far as possible, the
risk of contamination.
4.
For the purpose of securing the cleanliness of operators –
a.
A proprietor shall ensure that –
i.
any operator keeps his hands and nails clean and his nails
short;
ii.
any operator wears disposable surgical gloves that have not
previously been used with any other client;
iii. any operator of the premises wears a gown, wrap or
protective clothing that is clean and washable, or
alternatively a disposable covering that has not previously
been used in connection with any other client;
iv. any operator keeps any open boil, sore, cut or open wound
on an exposed part of his body effectively covered by an
impermeable dressing;
v.
b.
any operator does not smoke or consume food or drink in
the treatment area.
A proprietor shall provide;
i.
ii.
operators.
suitable and sufficient washing facilities for the sole use
of operators, including hot and cold water and sanitising
soap or detergent;
suitable and sufficient sanitary accommodation for
COUNCIL’S SIGNATURE
COUNCIL’S SEAL
The foregoing byelaws are hereby confirmed by the Secretary of State for
Health
on
and shall come into operation on
Member of the Senior Civil Service
Department of Health
26
NOTE – THE FOLLOWING DOES NOT FORM PART OF THE BYELAWS
A.
Proprietors must take all reasonable steps to ensure compliance with
these byelaws by persons working on the premises. Section 16(9) of
the Act provides that a registered person shall cause to be prominently
displayed on the premises a copy of these byelaws and a copy of any
certificate of registration issued to him under Part VIII of the Act.
B.
Section 16(2) of the Local Government (Miscellaneous Provisions) Act
1982 provides that any person who contravenes any of these byelaws
shall be guilty of an offence and liable on summary conviction to a fine
not exceeding level 3 on the standard scale. If a person registered
under Part VIII of the Act is found guilty of contravening these byelaws
the Court may instead of or in addition to imposing a fine, order the
suspension or cancellation of his registration and of the registration of
the premises in which the offence was committed if such premises are
occupied by the person found guilty of the offence. It shall be a defence
for the person charged under sub-sections (1), (2), (8) or (10) of
Section 16 to prove that he took all reasonable precautions and
exercised all due diligence to avoid commission of the offence.
C.
Nothing in these byelaws extends to the practice of cosmetic piercing
by or under the supervision of a person who is registered as a medical
practitioner or to premises on which the practice of cosmetic piercing is
carried on by or under the supervision of such a person.
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APPENDIX 2
Draft model byelaws
Semi-permanent skin-colouring
Byelaws for the purposes of securing the cleanliness of premises registered
under section 15 of the Local Government (Miscellaneous Provisions) Act
1982 and fittings in such premises and registered persons and persons
assisting them and the cleansing and, so far as appropriate, sterilization of
instruments, materials and equipment used in connection with the business of
semi-permanent skin-colouring, made by
...................................................................... in pursuance of section 15(7) of
the Act.
1.
Interpretation:
a.
In these byelaws, unless the context otherwise requires –
“The Act” means the Local Government (Miscellaneous
Provisions) Act 1982;
“Client” means any person undergoing treatment;
“Operator” means any person giving treatment;
“Premises” means any premises registered under Part VIII of the
Act;
“Proprietor” means any person registered under Part VIII of the
Act;
“Treatment” means any operation in effecting semi-permanent
skin-colouring;
“The treatment area” means any part of the premises where
treatment is given to clients.
b.
2.
The Interpretation Act 1978 shall apply for the interpretation of
these byelaws as it applies for the interpretation of an Act of
Parliament.
For the purpose of securing the cleanliness of premises and fittings in
such premises a proprietor shall ensure that –
a.
All internal walls, doors, windows, partitions, floors and floor
coverings, and ceilings are kept clean and in such good repair
as to enable them to be cleaned effectively;
b.
The treatment area is used solely for giving treatment;
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3.
c.
The floor of the treatment area is provided with a smooth
impervious surface;
d.
All waste materials, and other litters, arising from the treatment
should be handled and disposed of as clinical waste in
accordance with relevant legislation and guidance as advised by
the local authority;
e.
All needles used in treatment are single-use and disposable, as
far as is practicable; and are stored and disposed of as clinical
waste in accordance with the relevant legislation and guidance
as advised by the local authority;
f.
All furniture and fittings in the premises are kept clean and in
such good repair as to enable them to be cleaned effectively;
g.
All tables, couches and seats used by clients in the treatment
area, and any surface on which the items specified in 3b below
are placed immediately prior to treatment, have a smooth
impervious surface which is disinfected immediately after use
and at the end of each working day;
h.
Where tables and couches are used, they are covered by a
disposable paper sheet which is changed for each client;
i.
No eating, drinking or smoking is permitted in the treatment area
and a notice or notices reading “No Smoking”, “No Eating or
Drinking” are prominently displayed there.
For the purpose of securing the cleansing and so far as is appropriate,
the sterilization of instruments, materials and equipment used in
connection with the treatment –
a.
b.
An operator shall ensure that, before use in connection with
treatment, any gown, wrap or other protective clothing, paper or
other covering, towel, cloth or other such articles used in the
treatment –
i.
is clean and in good repair, and so far as is appropriate, is
sterile;
ii.
has not previously been used in connection with any other
client unless it consists of a material which can be and
has been adequately cleaned and, so far as is
appropriate, sterilized.
An operator shall ensure that –
i.
any needle, metal instrument, or other item or equipment,
used in treatment or for handling instruments and needles
used in treatment, is in a sterile condition and kept sterile
until it is used;
29
c.
4.
ii.
all dyes used for semi-permanent skin-colouring are
sterile and inert;
iii.
the containers used to hold the dyes for each customer
are either disposed of at the end of each session of
treatment, or are cleaned and sterilized before re-use;
A proprietor shall provide –
i.
adequate facilities and equipment for the purpose of
sterilization (unless pre-sterilised items are used) and of
cleansing, as required in pursuance of these byelaws;
ii.
sufficient and safe gas points and/or electrical socket
outlets to enable compliance with these byelaws;
iii.
an adequate constant supply of clean hot and cold water
readily available at all times on the premises;
iv.
adequate storage for items mentioned in byelaw 3 a and
b above, so that those items are properly stored in a
clean and suitable place so as to avoid, as far as
possible, the risk of contamination.
For the purpose of securing the cleanliness of operators –
a.
A proprietor shall ensure that –
i.
nails short;
ii.
any operator wears disposable surgical gloves that have
not previously been used with any other client;
iii.
any operator of the premises wears a gown, wrap or
protective clothing that is clean and washable, or
alternatively a disposable covering that has not previously
been used in connection with any other client;
any operator keeps any open boil, sore, cut or open
wound on an exposed part of his body effectively covered
by an impermeable dressing;
iv.
v.
b.
any operator keeps his hands and nails clean and his
any operator does not smoke or consume food or drink in
the treatment area.
A proprietor shall provide i.
suitable and sufficient washing facilities for the sole use
of operators, including hot and cold water, sanitising soap
or detergent;
30
ii.
suitable and sufficient sanitary accommodation for
operators.
COUNCIL’S SIGNATURE
COUNCIL’S SEAL
The foregoing byelaws are hereby confirmed by the Secretary of State for
Health
on
and shall come into operation on
Member of the Senior Civil Service
Department of Health
NOTE – THE FOLLOWING DOES NOT FORM PART OF THE BYELAWS
A.
Proprietors shall take all reasonable steps to ensure compliance with
these byelaws by persons working on the premises. Section 16(9) of
the Act provides that a registered person shall cause to be prominently
displayed on the premises a copy of these byelaws and a copy of any
certificate of registration issued to him under Part VIII of the Act.
B.
Section 16 of the Local Government (Miscellaneous Provisions) Act
1982 provides that any person who contravenes any of these byelaws
shall be guilty of an offence and liable on summary conviction to a fine
not exceeding level 3 on the standard scale. If a person registered
under part viii of the Act is found guilty of contravening these byelaws
the Court may instead of or in addition to imposing the fine, order the
suspension or cancellation of his registration and of the registration of
the premises in which the offence was committed if such premises are
occupied by the person found guilty of the offence. It shall be a defence
for the person charged under sub-sections (1), (2), (8) or (10) of
Section 16 to prove that he took all reasonable precautions and
exercised all due diligence to avoid the commission of the offence.
C.
Nothing in these byelaws extends to the practice of semi-permanent
skin-colouring by or under the supervision of a person who is
registered as a medical practitioner or to premises on which the
practice of semi-permanent skin-colouring is carried on by or under the
supervision of such a person.
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