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Pecuniary Interests Relating to Any Items of Business to Be Discussed at This Meeting

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Pecuniary Interests Relating to Any Items of Business to Be Discussed at This Meeting Members are reminded that they must declare all relevant pecuniary and non- pecuniary interests relating to any items of business to be discussed at this meeting BIRMINGHAM CITY COUNCIL LICENSING AND PUBLIC PROTECTION COMMITTEE WEDNESDAY, 17 JUNE 2015 AT 10:00 HOURS IN COMMITTEE ROOMS 3 & 4, COUNCIL HOUSE, VICTORIA SQUARE, BIRMINGHAM, B1 1BB A G E N D A NOTICE OF RECORDING The Chairman to advise the meeting to note that this meeting will be webcast for live and subsequent broadcast via the Council's Internet site (www.birminghamnewsroom.com) and that members of the press/public may record and take photographs. The whole of the meeting will be filmed except where there are confidential or exempt items. APOLOGIES Item Description DECLARATION OF INTERESTS Members are reminded that they must declare all relevant pecuniary and non- pecuniary interests and/or prejudicial interest relating to any items of business to be discussed at this meeting. APPOINTMENT OF LICENSING AND PUBLIC PROTECTION COMMITTEE Item Description ELECTION OF DEPUTY CHAIR Item Description Page 1 of 236 FUNCTIONS, POWERS AND DUTIES 5 - 6 To note that the City Council has agreed this Committee's Functions, Powers and Duties, as set out in the attached schedule. DATES OF MEETINGS OF LICENSING AND PUBLIC PROTECTION COMMITTEE Dates of LPPC meetings for the municipal year 2015/16 LICENSING SUB-COMMITTEES 2015/16 To note the membership of Sub-Committees A, B and C for the municipal year 2015/16 MINUTES 7 - 16 To confirm and sign the Minutes of the meeting held on 15 April 2015 SCHEDULE OF NOMINATIONS TO SERVE ON OUTSIDE BODIES 17 - 18 To approve representations on various bodies. NATIONAL SCAMS HUB PROJECT 19 - 30 Item Description UPDATE ON ACTIONS/INTERVENTIONS TAKEN TO CONTROL 31 - 46 ILLEGAL ADVERTISING FLYPOSTING AND PLACARDING Item Description REVISED HEARING PROCEDURAL RULES LICENSING ACT 2003 47 - 66 Item Description ACTIONS TAKEN BY THE CHAIR OF THE LICENSING AND PUBLIC 67 - 68 PROTECTION COMMITTEE DURING MARCH, APRIL AND JUNE 2015 Item Description Page 2 of 236 PROSECUTIONS AND CAUTIONS MARCH AND APRIL 2015 69 - 108 Item Description FIXED PENALTY NOTICES ISSUED APRIL 2014 TO MARCH 2015 109 - 122 Item Description FIXED PENALTY NOTICES ISSUED APRIL 2015 123 - 132 Item Description ENFORCEMENT POLICY REVIEW REGULATION AND ENFORCEMENT 133 - 156 DIVISION Item Description REGULATION AND ENFORCEMENT ANNUAL REPORT 2014/2015 157 - 228 Item Description OFFICER DELEGATIONS FOR HACKNEY CARRIAGE AND PRIVATE 229 - 234 HIRE SUB COMMMITTEE HEARINGS Item Description SCHEDULE OF OUTSTANDING MINUTES 235 - 236 Item Description ANY OTHER BUSINESS Discussion of any other business not on the agenda. AUTHORITY TO CHAIRMAN AND OFFICERS Chairman to move:- 'In an urgent situation between meetings, the Chair jointly with the relevant Chief Officer has authority to act on behalf of the Committee'. Page 3 of 236 P R I V A T E A G E N D A Page 4 of 236 Birmingham City Council Constitution Article 8 – Regulatory and Non Executive Committees This Article sets out details with regard to Regulatory and Non-Executive Committees, which are not part of the Executive functions and neither are they part of the Scrutiny arrangements. Chairs of these committees are appointed by the Full Council and Deputy Chairs are elected by each committee at its first meeting, for the purpose of substitution for the Chair if absent. 8.1 Regulatory Committees LICENSING AND PUBLIC PROTECTION COMMITTEE Functions (a) To exercise the powers and duties of the Council with regard to licensing matters and, in particular, to: (i) exercise and enforce the Council’s local licensing powers; (ii) issue, renew or otherwise control any licences issued to any authorised caravan site(s); and (iii) approve the appearance and design of signs displayed in Hackney Carriages. (b) To exercise the licensing, regulatory and registration powers and duties of the Council under all relevant legislation relating to these matters. (c) To exercise the powers and duties of the Council with regard to public protection matters which are non-executive functions and, in particular, to: (i) be accountable for working conditions in offices, shops and railway premises and in factories; (ii) exercise the powers and duties of the Council under all relevant legislation and relating to the non-executive functions of the Committee. Page 5 of 236 Page 6 of 236 BIRMINGHAM CITY COUNCIL LICENSING AND PUBLIC PROTECTION COMMITTEE 15 APRIL 2015 MINUTES OF A MEETING OF THE LICENSING AND PUBLIC PROTECTION COMMITTEE HELD ON WEDNESDAY, 15 APRIL 2015 AT 1000 HOURS IN COMMITTEE ROOMS 3 AND 4, COUNCIL HOUSE, BIRMINGHAM PRESENT: - Councillor Barbara Dring in the Chair; Councillors Vivienne Barton, Bob Beauchamp, Alex Buchanan, Lynda Clinton, Nagina Kauser, Tony Kennedy, Mike Leddy, Gareth Moore, Yvonne Mosquito and Mike Ward. ************************************* NOTICE OF RECORDING 492 The Chair advised that the meeting would be webcast for live and subsequent broadcast via the Council’s internet site (www.birminghamnewsroom.com) and that members of the press/public may record and take photographs. The whole of the meeting would be filmed except where there were confidential or exempt items. _____________________________________________________________ APOLOGIES 493 Apologies were received from Councillors Nazir Ali, Vivienne Barton, Sam Burden and Bruce Lines ______________________________________________________________ MINUTES 18 March 2015 494 Councillor Gareth Moore queried a point of accuracy regarding the figures on page 325 regarding local authorities’ responses to the consultation on locally set licensing fees ‘30/50’ and suggested that the latter figure referring to the number of authorities approached would be considerably higher. Chris Neville, Head of Licensing agreed with the Councillor and stated that this would be around 300. The Committee Manager stated that there was an error on page 326 ‘as are’ instead of ‘as a’ result of distribution of flyers and page 327, paragraph 3 a missing word ‘consultation’ after formal. Page 7 339of 236 Licensing and Public Protection Committee – 15 April 2015 The Minutes of the meeting held on 18 March 2015, having been previously circulated and amended as agreed at the meeting, were confirmed as a correct record and signed by the Chairman. _____________________________________________________________ HIGHWAYS FEES AND CHARGES The following report of the Director of Highways and Resilience was submitted:- (See document No. 1) Clive Betts, Highways Asset Manager, made introductory comments relating to the report and highlighted that these fees covered licensable activity on the highways such as skips and hoardings. He advised Members that there was a 2% inflationary increase in the fees for 2015/16 in order for the service to recover costs and there had been a change in the structure of fees for developers for the purposes of simplification and enable fees to be sufficient to recover service costs. Mr Betts informed Members that since 2010 some of this activity had been managed by Amey, for which a fee was charged at a rate agreed by the City and Amey. Councillor Gareth Moore queried the work undertaken by highways to ensure that permits were correctly issued by Amey and was advised by Mr Betts that this was managed by Street Inspectors employed by Amey who monitored unlicensed activities; through complaints from members of the public regarding skips and hoardings; the use of a database to monitor expiry dates for licensable activities and advise Amey accordingly and the retrospective collection of fees from skip hire companies. Councillor Moore asked for information on the number of permits issued and the subsequent revenue raised and was advised by Mr Betts that he was unable to provide this information at the meeting but would send this to him later. The Chair put the recommendations contained in the report at agenda item No 4 to the meeting and with 10 votes for, declared them carried. 495 RESOLVED:- That the Highways Fees and Charges set out in Appendix 1 of the report be approved as follows: • City Council retained fees and charges with effect from 15 th April 2015. • Highways Maintenance and Management Private Finance Initiative (HMMPFI) Service Provider retained fees and charges with effect from June 8 th 2015. ______________________________________________________________ STATEMENT OF LICENSING POLICY POST CONSULTATION REPORT Page 8 of 236 340 Licensing and Public Protection Committee – 15 April 2015 The following report of the Director of Regulation and Enforcement was submitted:- (See document No. 2) Chris Neville, Head of Licensing gave a presentation relating to the report (See document No. 3) and gave details of alterations to the policy regarding: • Petitions • Expedited Reviews • EMROS and Late Night Levy • Standard Conditions • Fly posting and litter • Protection of children from harm • Special Policy areas (cumulative impact areas) Councillor Lynda Clinton raised concerns regarding placards on lampposts/railings and shop windows with large numbers of notices inside the premises and queried whether these constituted fly posting and the subsequent action to be taken regarding fly posting on the highway. Mark Croxford, Head of Environmental Health, advised the Councillor that the placards would be classed as illegal advertising and would need to be reported to the Council. This would then be removed by Amey followed by possible civil/criminal proceedings for cost of removal. With regard to shop notices,
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