Agenda and minutes

Licensing and Appeals Committee - Wednesday, 19th March, 2014 7.30 pm

Venue: Civic Suite, Gibson Building, Kings Hill, West Malling

Contact: Committee Services  Email: committee.services@tmbc.gov.uk

Items
No. Item

PART 1 - PUBLIC

LA 14/7

Declarations of Interest

Minutes:

There were no declarations of interest in accordance with the Code of Conduct.

LA 14/8

Minutes pdf icon PDF 28 KB

To confirm as a correct record the Minutes of the meeting of Licensing and Appeals Committee held on Wednesday, 4 December 2013. 

 

Minutes:

RESOLVED:  That the Minutes of the meeting of the Licensing and Appeals Committee held on 4 December 2013 be approved as a correct record and signed by the Chairman.

LA 14/9

Minutes of Panel pdf icon PDF 25 KB

To receive the Minutes of the following meetings of the Licensing and Appeals Committee sitting as a Panel:

 

Minutes – 11 December 2013

Minutes – 29 January 2014

Minutes – 4 March 2014

 

Additional documents:

Minutes:

RESOLVED:  That the Minutes of the meetings of the Licensing and Appeals Committee sitting as a Panel held on 11 December 2013, 29 January 2014 and 4 March 2014 be received and noted.  

Matters for recommendation to the Council

LA 14/10

Adoption of Byelaws to Regulate Acupuncture, Tattooing, Semi-Permanent Skin Colouring, Cosmetic Piercing and Electrolysis pdf icon PDF 39 KB

Additional documents:

Minutes:

The report of the Director of Central Services and Monitoring Officer set out details of a new single consolidated set of byelaws, produced by the Department of Health, to regulate acupuncture, tattooing, semi-permanent skin-colouring, cosmetic piercing and electrolysis.  He advised that the byelaws would require persons conducting any of these activities to register themselves and their premises and to observe criteria relating to hygiene of premises, practitioners and equipment.  Details of the model byelaws were set out in Annex 1 to the report. 

 

RECOMMENDED:  That

 

(1)  the Council adopt the model byelaws for the regulation of skin piercing activities in accordance with Section 15 of the Local Government Act (Miscellaneous Provisions) Act 1982 as amended by Section 120 of the Local Government Act 2003 and authorise the Director of Central Services to apply to the Secretary of State for confirmation; and

 

(2)  the relevant registration requirements come into effect from the date on which the byelaws referred to in (1) above are confirmed by the Secretary of State and the current byelaws revoked. 

*Referred to Council 

LA 14/11

Review of Part of the Hackney Carriage and Private Hire Policy 2013 pdf icon PDF 36 KB

Additional documents:

Minutes:

The report of the Director of Central Services and Monitoring Officer set out details of a proposed amendment to Appendix I of the current Hackney Carriage and Private Hire Policy regarding the good conduct of licensed drivers.  He advised that the current policy had been rewritten to reflect the aspiration to achieve a high level of customer service and to ensure that passengers were driven to their destinations in a safe, professional and courteous manner.  Details of the proposed amendment and consultative arrangements were set out in Annex 1 and paragraph 1.2.4 of the report. 

 

RECOMMENDED:  That the consultative arrangements for the proposed amendment of Appendix I ‘Code of Good Conduct for Licensed Drivers’ of the Hackney Carriage and Private Hire Policy 2013 be approved.

*Referred to Council 

Decisions taken under Delegated Powers in Accordance with Paragraph 3, Part 3 of the Constitution

LA 14/12

Review of Fees and Charges 2014/15 - Licensing Fees pdf icon PDF 39 KB

Additional documents:

Minutes:

The Director of Central Services and Monitoring Officer reminded Members that the setting of licensing fees and charges for 2014/15 was the responsibility of the Licensing and Appeals Committee and his report set of details of proposed changes to the existing fee structure. 

 

RESOLVED:  That the proposed scale of fees for licences, consents and registrations, as set out in Annex 1 to the report, be adopted with effect from 1 April 2014. 

LA 14/13

Unmet Demand Survey - Hackney Carriage Vehicles pdf icon PDF 78 KB

Additional documents:

Minutes:

The Director of Central Services and Monitoring Officer submitted details of a proposal to undertake an ‘Unmet Demand Survey’ to determine the feasibility or necessity of restricting the number of licensed hackney carriage vehicles to current levels.  He indicated that a petition, requesting a limit on the number of Hackney Carriage Vehicles, had yet to be submitted by the trade representatives.  The Committee noted that the cost of undertaking the survey would be recovered by applying a levy to each Hackney Carriage and Dual Drivers fee. 

 

RESOLVED:  That consideration of the request to undertake an ‘Unmet Demand Survey’ be deferred pending receipt of the petition organised by the Hackney Carriage and Dual Drivers. 

LA 14/14

Review of Hackney Carriage Fares

Minutes:

The report of the Director of Central Services and Monitoring Officer set out details of a review of Hackney Carriage Fares undertaken at the request of the Hackney Carriage Drivers and Dual Driver badge holders within the Borough.  The Committee noted that the Council was empowered to set maximum hackney carriage fares and the report gave details of the standard tariffs set by local authorities within Kent, current fuel costs and the outcome of consultation with the trade. 

 

RESOLVED:  That no increase in the maximum Hackney Carriage Fares be approved and the matter be reconsidered in 2015. 

LA 14/15

Home Office Consultation on Licensing Act 2003 Fees pdf icon PDF 47 KB

Additional documents:

Minutes:

The report set out details of a Home Office Consultation on a proposal to introduce locally-set fees, subject to a national maximum ‘cap’ rather than those set nationally by Regulation under the Licensing Act 2003. 

 

RESOLVED:  The Director of Central Services and Monitoring Officer be authorised to prepare and submit a response to the consultation by 10 April 2014. 

LA 14/16

Home Office Consultation on Licensing Hours during FIFA World Cup 2014 pdf icon PDF 63 KB

Additional documents:

Minutes:

The report set out details of a Home Office Consultation on whether to relax licensing hours nationally to mark England’s participation in the FIFA World Cup 2014. 

 

RESOLVED:  That the relaxation of licensing hours be supported and the Director of Central Services be authorised to prepare and submit a response to the consultation accordingly.  

Matters for consideration in Private

LA 14/17

Exclusion of Press and Public

The Chairman to move that the press and public be excluded from the remainder of the meeting during consideration of any items the publication of which would disclose exempt information.

Minutes:

There were no items considered in private.