Meeting documents

Licensing and Appeals Committee
Monday, 20th August, 2007 7.30 pm

Place:
Civic Suite, Gibson Building, Kings Hill, West Malling
ItemDescriptionResolution
PART 1 - PUBLIC
LA 07/022 Declarations of interest.
There were no declarations of interest made.
LA 07/023 Minutes
RESOLVED: That the Minutes of the meeting of the Licensing and Appeals Committee held on 2 April 2007 be approved as a correct record and signed by the Chairman.
LA 07/024 Minutes
RESOLVED: That the Minutes of the meeting of the Licensing and Appeals Panel held on 11 April 2007 be approved as a correct record and signed by the Chairman.
LA 07/025 Minutes
RESOLVED: That the Minutes of the meeting of the Licensing and Appeals Panel held on 7 June 2007 be approved as a correct record and signed by the Chairman.
LA 07/026 Minutes
RESOLVED: That the Minutes of the meeting of the Licensing and Appeals Panel held on 18 June 2007 be approved as a correct record and signed by the Chairman.
MATTERS FOR RECOMMENDATION TO THE COUNCIL
LA 07/027 Licensing Act 2003: Review of Statement of Licensing Policy
The Chief Solicitor reported that the licensing authority had to prepare and publish a statement of its licensing policy every three years. The Council's first statement was adopted on 14 December 2004 and amended on 27 September 2005 following consideration of the High Court's verdict in the Canterbury case, which considered the Kent Model. A revised draft statement was considered by Members.

RECOMMENDED: That the Council

(1) adopt the draft Statement of Licensing Policy set out in Annex 1 to the Chief Solicitor's report for consultation purposes; and

(2) confirm the action taken in authorising consultations to be commenced immediately prior to approval of the draft statement by Council.
*Referred to Council
LA 07/028 Charities Act 2006: Charitable Collections
The Chief Solicitor advised that the Charities Act 2006 introduced a new regime for regulating public charitable collections, replacing the existing legislation relating to street collections and house-to-house collections. It was reported that it would be necessary to update the delegations contained in Part 3 of the Constitution as this legislation was implemented. He further advised that existing delegations CHS 200.03 (house-to-house collections) and CHS 200.08 (street collections) would need to be updated to reflect the new legislation once those parts of the Act had been implemented.

RECOMMENDED: That, with effect from the commencement date of the relevant provisions in the Charities Act 2006, Part 3 of the Council's constitution be amended by deleting the existing delegations CHS 200.03 and CHS 200.08 and the insertion of the following new delegation:

CHS 209 To grant applications for licences, registrations, consents and permits and issue notices under Charities Act 2006 (charitable collections). C
*Referred to Council
LA 07/029 Animal Welfare Act 2006: Licensing or Registration of Activities Involving Animals
The Chief Solicitor reported that, under the Animal Welfare Act 2006, the Council had responsibility, under a number of different Acts, for licensing the use of performing animals, pet shops, riding establishments and the breeding of dogs. He advised that, under the Animal Welfare Act 2006, the Secretary of State may repeal these acts and substitute new licensing regimes, the details of which would be specified in the regulations.

RECOMMENDED: That, with effect from the implementation of relevant regulations under the Animal Welfare Act 2006, Part 3 of the Council's constitution be amended by deleting the existing delegations CHS 200.12, CHS 200.13, CHS 200.14 and CHS 200.15 and the insertion of the following new delegation:

CHS 210 To deal with the licensing and registration of activities involving animals under the Animal Welfare Act 2006 and regulations made thereunder. C
*Referred to Council
DECISIONS TAKEN UNDER DELEGATED POWERS IN ACCORDANCE WITH PARAGRAPH 3 (OR 2), PART 3 OF THE CONSTITUTION
LA 07/030 Request for Increase in Tariff of Maximum Hackney Carriage Fares
The Chief Solicitor reported that an application had been received from Mr T Hill of Castle Cars for an increase in the tariff of maximum hackney carriage fares. His application was to increase the "flag down" rate of £2.80 by reducing the distance from 1.61km (1 mile) to 1.28 km (0.8 of a mile) and the rate per mile thereafter would be increased from £2.00 to £2.20. He also requested that a "time and distance" tariff be adopted. Members noted that, at the annual meeting with the trade in March 2007, the trade had stated they did not consider it appropriate to increase the tariff at that time. Members were concerned that the main purpose for asking for the increase seemed to be to improve the Council's position in the "league table" of fares charged by local authorities and that there was very little detail on the actual costs of operating a business. They recognised that their role was to balance the interests of members of the public who might use the service as well as the commercial needs of the service providers and did not consider that the case in favour of the increase was made out.

RESOLVED: That the current table of maximum fares be retained at present.
MATTERS SUBMITTED FOR INFORMATION
LA 07/031 Update on Member Training
The Chief Solicitor reminded the Committee that only Members who had undergone the prescribed training were authorised to sit on Panels dealing with cases under the Licensing Act 2003 and the Gambling Act 2005. He advised that on Monday 6 August 2007, the Council had provided some training for Members and listed those members of the Committee who had received training to sit on Panels.

RESOLVED: That the report be received and noted.
MATTERS FOR CONSIDERATION IN PRIVATE
LA 07/032 Exclusion of Press and Public
No items were considered in private.
The meeting ended at 1955 hours

Attendance Details

Present:
Cllr A W Allison (Chairman), Cllr P J Homewood (Vice-Chairman), Cllr J A L Balcombe, Cllr J R H Clements, Cllr Mrs F A English, Cllr Mrs E M Holland, Cllr Mrs S L Luck, Cllr Miss J L Sergison, Cllr C P Smith and Cllr L A Withey.
In attendance:
Councillors Aikman, Mrs Anderson and Worrall were also present pursuant to Council and Committee Procedure Rule No 15.21.

Apologies for absence were received from Councillors Ms Atkinson, Court and Stone.