| Item | Description | Resolution |
|---|---|---|
| PART 1 - PUBLIC | ||
| LA 12/001 |
Declarations of interest. |
There were no declarations of interest made. |
| LA 12/002 |
Minutes |
RESOLVED: That the Minutes of the meeting of the Licensing and Appeals Committee held on 30 November 2011 be approved as a correct record and signed by the Chairman. |
| DECISIONS TAKEN UNDER DELEGATED POWERS IN ACCORDANCE WITH PARAGRAPH 3 (OR 2), PART 3 OF THE CONSTITUTION | ||
| LA 12/003 |
Review of Hackney Carriage Fares |
In accordance with the Borough Council's commitment to review Hackney Carriage fares on an annual basis, as agreed by the Licensing and Appeals Committee on 21 September 2010, Members gave consideration to whether an increase in the maximum fares was now appropriate. For Members' information details of the current maximum fares were set out at Annex 1 to the report, whilst comparative information from other Kent authorities was included at paragraph 1.3.1. Consultation with taxi drivers had taken place during recent trade meetings in February 2012. However, despite evidence to show that fuel prices had risen over the last year, the vast majority of drivers had indicated they did not want an increase in fares. Careful consideration was given to the challenging financial climate for both the taxi trade and customers. However, it was considered that the current maximum fares within Tonbridge and Malling remained competitive with other authorities in Kent. Members noted the commitment to review fares on an annual basis, with a further review commencing in November 2012. In response to questions raised by Members, it was confirmed that positive feedback had been received regarding the change to time and distance and no complaints from customers about overcharging had been received. RESOLVED: That (1) no change be made to the current Hackney Carriage authorised maximum fares that took effect on 1 February 2011; and (2) the Hackney Carriage authorised maximum fares be reviewed in November 2012. |
| LA 12/004 |
Sex Establishments and Sexual Entertainment Venues |
Members considered a draft Statement of Licensing Policy, attached as Appendix A to the report, developed to take full account of the requirements of legislation and guidance so as to minimise the prospect of future judicial review. It was noted that there was no statutory requirement to have a licensing policy for sex establishments and the Borough Council had not previously done so. However, it was considered best practice for such a policy to be adopted. In addition, it was anticipated that a modern, effective policy document that explained the elements of the regulatory process, the principles to be applied when considering applications for sex establishments, the application process, the grounds for objection, refusal, the hearing procedure and the grounds for appeal would be beneficial to both the trade and public. Members were advised of the intention of setting no numerical limits for sexual entertainment venues within the Borough. It was proposed that each application would be judged on its own merits but the various criteria laid out within the policy document would be considered. In this way each application would be judged as to whether it was suitable given the nature of the particular locality in question. However, if during the consultation process a requirement to set a numerical limit was identified this issue would be revisited. Whilst Members welcomed and supported the introduction of the Policy, officers were asked to consider if the following points should be included: - - whether access and parking restrictions should be considered for venues, being mindful of conflict with planning conditions. - whether Condition 8, on page 31 of the annex, should be amended to read under 25 rather than under 18. - whether Condition 8, on page 31 of the annex, should be moved to the statutory section of the document. RESOLVED: That the draft Statement of Licensing Policy be approved, subject to the comments set out above. |
| MATTERS SUBMITTED FOR INFORMATION | ||
| LA 12/005 |
Review of Licensing Services |
The report of the Chief Solicitor provided an update on the progress of the service review being undertaken by the new Licensing Services Manager. This was 'work in progress' and a full report on the findings of the review would be submitted to Members in due course. Particular reference was made to a colour supplement, tabled at the meeting, which summarised all licensing activity in the Borough. Details of premises authorised for licensable activities between 2300 and the early hours of a Saturday morning highlighted the importance of late night enforcement to ensure compliance with issued licences. In addition, Members were invited to advise officers if they were aware of any discrepancies on the summary sheet tabled. Finally, Members were advised that Minutes of Safety Advisory Group meetings would be presented to future meetings of the Licensing and Appeals Committee for information. |
| MATTERS FOR CONSIDERATION IN PRIVATE | ||
| LA 12/006 |
Exclusion of Press and Public |
No items were considered in private. |