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South Lakeland District Council LICENSING COMMITTEE

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SOUTH LAKELAND DISTRICT COUNCIL South Lakeland House, Kendal, Cumbria LA9 4UQ www.southlakeland.gov.uk You are requested to attend a meeting of the Licensing Committee on Tuesday, 30 November 2010, at 2.00 p.m. in the District Council Chamber, South Lakeland House, Kendal Committee Membership Councillors James Airey Kathleen Atkinson Norman Bishop-Rowe Rob Boden Joss Curwen Sheila Eccles Clare Feeney-Johnson Clive Graham (Vice-Chairman) Frank Hodson Brendan Jameson Jamie Samson Hilary Stephenson Jo Stephenson (Chairman) Ted Walsh Peter Woof 22 November 2010 (date of despatch) Debbie Storr, Corporate Director (Monitoring Officer) For all enquiries, please contact:- Committee Administrator: Janine Jenkinson Telephone: 01539 733333 Ext.7493 e-mail: [email protected] 1 2 AGENDA Page Nos. PART I 1. APOLOGIES To receive apologies for absence, if any. 2. MINUTES 5 - 6 To authorise the Chairman to sign, as a correct record, the minutes of the meeting of the Committee held on 3 August 2010 (copy attached). 3. MINUTES OF LICENSING SUB-COMMITTEES 7 - 14 To receive the minutes of the meetings of Licensing Sub-Committees held on, 22 July 2010 and 17 September 2010 (copies attached) and for the Chairmen of the appropriate Sub-Committees to sign, as correct records. 4. DECLARATIONS OF INTEREST To receive declarations by Members of personal and prejudicial interests in respect of items on this Agenda. If a Member requires advice on any item involving a possible declaration of interest which could affect his/her ability to speak and/or vote, he/she is advised to contact the Monitoring Officer at least 24 hours in advance of the meeting. 5. LOCAL GOVERNMENT ACT 1972 – EXCLUDED ITEMS To consider whether the items, if any, in Part II of the Agenda should be considered in the presence of the press and public. 6. PUBLIC PARTICIPATION Any member of the public who wishes to ask a question, make representations or present a deputation or petition at this meeting should apply to do so before the commencement of the meeting. Information on how to make the application can be obtained by viewing the Council’s Website www.southlakeland.gov.uk or by contacting the Democratic Services Manager on 01539 717440. (1) Questions and Representations To receive any questions or representations which have been received from members of the public. (2) Deputations and Petitions To receive any deputations or petitions which have been received from members of the public. 7. ANNUAL ALLOCATION OF STREET COLLECTION PERMITS 15 - 28 To enable Members to consider if they wish to review the current policy regarding the annual allocation of street collection permit’s within the District. 8. ZOO LICENSING ACT 1981 – PERIODIC INSPECTION OF ZOO LICENCE 29 - 38 FOR WILDLIFE OASIS, HALE, MILNTHORPE To consider whether it is appropriate to attach additional conditions on the Zoo Licence for Wildlife Oasis as a consequence of the premises departing from the type of species normally kept at the zoo. 9. THE LICENSING ACT 2003 - REVIEW OF STATEMENT OF LICENSING 39 - 110 POLICY 2011-13 To update Members on the review of the Council’s Statement of Licensing Policy in accordance with the statutory timetable contained within the Licensing 3 Act 2003 and to make recommendations to Council accordingly. PART II Private Section (exempt reasons under Schedule 12A of the Local Government Act 1972, as amended by the Local Government Act (Access to Information) (Variation) Order 2006, specified by way of paragraph number) There are no items is this part of the agenda. 4 4 3.8.2010 Licensing L/007 PUBLIC PARTICIPATION RESOLVED – That there were no items on this part of the Agenda. L/008 THE LICENSING ACT 2003 – REVIEW OF STATEMENT OF LICENSING POLICY A draft Statement of Licensing Policy was presented to the Committee and Members were asked to consider whether they wished to propose any further amendments to the document prior to it being referred to public consultation. The Committee requested that point 8.4 in the Review of Statement of Licensing Policy, be amended to read ‘The Licensing Committee will consist of between 12 – 15 councillors. And at page 36, the sentence be amended to read ‘A full Committee will consist of a minimum of 12 members, with a quorum of 4’. The Principal Food, Licensing & Safety Officer made reference to the consultation document Rebalancing The Licensing Act. Members requested that a copy of the document be circulated for further consideration and an additional Licensing Committee meeting be scheduled to discuss the relevant matters and formulate a response to the questions presented in the document. Some discussion took place regarding the importance of promoting the responsible sale of alcohol. The Committee was advised that offences relating to the sale of alcohol were dealt with by the courts and that there was no mechanism in place to ensure that incidents were reported back to the licensing authority. Members requested that the Licensing Officers highlight the importance of this issue to the relevant authorities. RESOLVED - That (1) subject to the amendments detailed above, the draft Review of Statement of Licensing Policy January 2011, be approved for public consultation purposes; (2) the policy be subjected to consultation with stakeholders over a 3 month period commencing 1 September 2010 until 30 November 2010; (3) the results of the consultation be reported to the Licensing Committee in December 2010 with a recommendation that the Policy, along with any proposed amendments arising out of the consultation, be forwarded to Full Council; and (4) an additional meeting of the Licensing Committee be scheduled for 31 August 2010. The meeting ended at 2.55 p.m. 5 Item 3 (1) 1 22.07.10 Licensing Sub LICENSING SUB-COMMITTEE Minutes of the proceedings at a meeting of the Sub-Committee held in the District Council Chamber, South Lakeland House, Kendal, on Thursday 22 July 2010, at 11.00 a.m. Present Councillors Kathleen Atkinson Joss Curwen Brendan Jameson Officers Tony Houlihan (part) Licensing & Enforcement Officer Janine Jenkinson Assistant Democratic Services Officer Matthew Neal Solicitor to the Council David Spedding (part) Licensing & Enforcement Officer Lee Teasdale Democratic Services Assistant LSC/001 ELECTION OF CHAIRMAN RESOLVED – That Councillor Brendan Jameson be elected as Chairman for the meeting. LSC/002 APOLOGIES AND RECONSTITUTION OF MEMBERSHIP There was no change in membership of the Sub-Committee, and therefore no reconstitution of the membership was necessary. LSC/003 DECLARATIONS OF INTEREST RESOLVED – That no declarations of interest were made. LSC/004 LOCAL GOVERNMENT ACT 1972 – EXCLUDED ITEMS RESOLVED – That there were no excluded items on the Agenda. LSC/005 INTRODUCTION The Chairman introduced the Members of the Sub-Committee and those in attendance, and read out the procedure for the meeting to be used for consideration of the applications. LSC/006 LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 – MR J A MARCHANT – APPLICATION FOR HACKNEY CARRIAGE DRIVER’S LICENCE The Licensing and Enforcement Officer reported on an application which had been received for a Hackney Carriage Driver’s Licence for Mr J.A. Marchant. Members were requested to determine the application in the light of certain convictions which had been recorded against him. The details of the convictions were outlined in 6 2 22.07.10 Licensing Sub section 3.1 of the report. The Sub-Committee was made aware of the statement of policy concerning the relevance of criminal convictions relating to the determination of application for a hackney carriage drivers’ licence. Mr Marchant presented his case to the Sub-Committee, explaining that the last conviction had taken place 23 years ago, with the bulk of the convictions having taken place 31 years ago. He had therefore thought initially that he did not need to raise these convictions upon application. He described how for the last 21 years he had worked as a heavy goods vehicle driver for South Lakeland District Council without any problems, and that he had previously held a Hackney Carriage licence some 20 years ago. Note – The Sub-Committee passed a resolution to adjourn the meeting to exclude the press and public, in making its decision, on the basis that legal advice would be received on possible legal proceedings arising from the decision being exempt information under Paragraph 12 of Schedule 12A of the Local Government Act 1972. Having heard the facts of the case, and having heard the representations made by Mr Marchant, the Sub-Committee considered the circumstances put forward and decided that Mr Marchant was a fit and proper person to be granted a Hackney Carriage Drivers Licence. RESOLVED – That; (1) Mr Marchant be granted a hackney carriage drivers licence for a period of 12 months; (2) subject to no further offences being recorded against the applicant during the 12 month period, delegated authorisation be given to renew the licence for a further 12 month period; and (3) should further offences be recorded against the applicant, the applicant must report such offences to the Council and any subsequent applications be brought back to the Committee. Note – The Sub-Committee adjourned at 11.25 a.m. and reconvened at 12.30 p.m. when the same Members were present. LSC/007 LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 – MR M J CASSON-GRAVE – APPLICATION FOR HACKNEY CARRIAGE DRIVER’S LICENCE The Licensing and Enforcement Officer reported on an application which had been received for a Hackney Carriage Driver’s Licence for Mr M.J. Casson-Grave. It was explained to the Sub-Committee that Mr Casson-Grave did not appear to meet the minimum requirement of medical standards approved by the District Council. Dr. A Mackenzie, who had analysed the report at the request of the District Council, then explained to the Sub-Committee why he felt it appropriate that the application should be declined.
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