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
Total Page:16
File Type:pdf, Size:1020Kb
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, 13 JULY 2016 AT 10:00 HOURS IN COMMITTEE ROOMS 3 & 4, COUNCIL HOUSE, VICTORIA SQUARE, BIRMINGHAM, B1 1BB A G E N D A 1 NOTICE OF RECORDING/WEBCAST 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. 2 APOLOGIES To receive any apologies. 3 MINUTES 5 - 34 To note the Minutes of the meeting held on 15 June 2016. 4 REPORT ON THE INTRODUCTION OF COMPULSORY DOG 35 - 38 MICROCHIPPING LEGISLATION REPORT OF THE ACTING DIRECTOR REGULATION AND ENFORCEMENT 5 REGULATION AND ENFORCEMENT ANNUAL REPORT 2015/2016 39 - 106 REPORT OF THE ACTING DIRECTOR OF REGULATION AND ENFORCEMENT 6 HEALTH AND SAFETY LAW ENFORCEMENT PLAN 2016/2017 107 - 116 REPORT OF THE ACTING DIRECTOR REGULATION AND ENFORCEMENT Page 1 of 316 7 CONDITIONS OF LICENCE FOR PRIVATE HIRE OPERATORS 117 - 180 REPORT OF THE ACTING DIRECTOR REGULATION AND ENFORCEMENT 8 PROPOSAL TO INTRODUCE A QUALITY RATING SYSTEM FOR 181 - 192 PRIVATE HIRE OPERATORS REPORT OF THE DIRECTOR OF REGULATION AND ENFORCEMENT 9 LICENSING AND PUBLIC PROTECTION – BUDGET MONITORING 193 - 202 2016/17 (MONTH 02) REPORT OF THE ACTING DIRECTOR REGULATION AND ENFORCEMENT 10 FIXED PENALTY NOTICES ISSUED MARCH AND APRIL 2016 203 - 222 REPORT OF THE ACTING DIRECTOR OF REGULATION AND ENFORCEMENT 11 PROSECUTIONS AND CAUTIONS DURING MARCH AND APRIL 2016 223 - 270 REPORT OF THE ACTING DIRECTOR OF REGULATION AND ENFORCEMENT 12 OUTCOME OF APPEALS AGAINST SUB COMMITTEE DECISIONS 271 - 280 MARCH, APRIL AND MAY 2016 REPORT OF THE ACTING DIRECTOR OF REGULATION AND ENFORCEMENT 13 ACTIONS TAKEN BY THE CHIEF OFFICER IN CONSULTATION WITH 281 - 284 THE CHAIR OF THE LICENSING AND PUBLIC PROTECTION COMMITTEE DURING APRIL, MAY AND JUNE 2016 REPORT OF THE ACTING DIRECTOR OF REGULATION AND ENFORCEMENT 14 USE OF HOVER BOARDS / BALANCE BOARDS ON ROADS AND 285 - 286 PUBLIC FOOTPATHS - OUTSTANDING MINUTE 617(II) 17/02/16 BRIEFING NOTE OF THE ACTING DIRECTOR OF REGULATION AND ENFORCEMENT 15 SCHEDULE OF OUTSTANDING MINUTES 287 - 288 . 16 OTHER URGENT BUSINESS To consider any items of business by reason of special circumstances (to be specified) that in the opinion of the Chairman are matters of urgency. 17 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 2 of 316 18 EXCLUSION OF THE PUBLIC Chair to Move:- "That, in view of the nature of the business to be transacted, which includes the following exempt information, the public be now excluded from the meeting:- Agenda Item etc. Relevant Paragraph of Exempt Information Under Revised Schedule 12A of the Local Government Act 1972 'Private' Minutes of the 3 last meeting Request to introduce Advertising Roof signs for Hackney Carriage Vehicles P R I V A T E A G E N D A 19 MINUTES To note the private section of the Minutes of the meeting held on 15 june 2016 and Confirm and sign the Minutes as a whole. 20 REQUEST TO INTRODUCE ADVERTISING ROOF SIGNS FOR 289 - 316 HACKNEY CARRIAGE VEHICLES REPORT OF THE ACTING DIRECTOR OF REGULATION AND ENFORCEMENT 21 OTHER URGENT BUSINESS (EXEMPT INFORMATION) To consider any items of business by reason of special circumstances (to be specified) that in the opinion of the Chairman are matters of urgency. Page 3 of 316 Page 4 of 316 BIRMINGHAM CITY COUNCIL LICENSING AND PUBLIC PROTECTION COMMITTEE 15 JUNE 2016 MINUTES OF A MEETING OF THE LICENSING AND PUBLIC PROTECTION COMMITTEE HELD ON WEDNESDAY, 15 JUNE 2016 AT 1000 HOURS IN COMMITTEE ROOM 6, COUNCIL HOUSE, BIRMINGHAM PRESENT: - Councillor Barbara Dring in the Chair; Councillors Nawaz Ali, Bob Beauchamp, Alex Buchanan, Lynda Clinton, Neil Eustace, Des Flood, Jayne Francis, Nagina Kauser, Mike Leddy and Gareth Moore. ************************************* NOTICE OF RECORDING 665 The Chairman 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 666 Apologies for non-attendance were submitted on behalf of Councillors Rob Sealey, Penny Holbrook, Basharat Dad and Tony Kennedy. NB: Councillor Tony Kennedy subsequently attended the meeting. ______________________________________________________________ DECLARATION OF INTERESTS 667 No declarations of interest were made. _____________________________________________________________ APPOINTMENT OF LICENSING AND PUBLIC PROTECTION COMMITTEE 668 The appointment by the City Council of the Committee and Chairman for the Municipal Year 2016/2017 was noted as follows:- Page 5 452of 316 Licensing and Public Protection Committee – 15 June 2016 Labour Group (10) Councillor Nawaz Ali Councillor Alex Buchanan Councillor Lynda Clinton Councillor Basharat Dad Councillor Barbara Dring (Chairperson) Councillor Jayne Francis Councillor Penny Holbrook Councillor Nagina Kauser Councillor Tony Kennedy Councillor Mike Leddy Conservative Group (4) Councillor Bob Beauchamp Councillor Des Flood Councillor Gareth Moore Councillor Rob Sealey Liberal Democrat Group (1) Councillor Neil Eustace ______________________________________________________________ ELECTION OF DEPUTY CHAIR Nominations were put forward for Councillor Alex Buchanan the only nomination. Councillor Buchanan was elected as Deputy Chair – to act on behalf of the Chair in her absence. ______________________________________________________________ FUNCTIONS, POWERS AND DUTIES The following schedule was submitted:- (See document No. 1) 669 RESOLVED:- That the Committee’s functions, powers and duties, as agreed by City Council and set out the attached schedule be noted. _____________________________________________________________ DATES OF MEETINGS OF THE LICENSING AND PUBLIC PROTECTION COMMITTEE Page 6 of 316 453 Licensing and Public Protection Committee – 15 June 2016 670 RESOLVED:- That meetings of the Licensing and Public Protection Committee be held on the following Wednesdays at 1000 hours at the Council House, Birmingham. 2016 2017 13 July 18 January 14 September 15 February 19 October 15 March 16 November 12 April 14 December _____________________________________________________________ LICENSING SUB-COMMITEES 2016/2017 Councillor Moore referred to an email form the Chairman with regard to changing the sub-committees days and enquired whether they were moving to having afternoon sessions. The Chairman advised that the sub-committees were to be left as they were currently as there was no agreement to move them yet. There had been some discussions with regard to Wednesdays, whereby they may want to start earlier to accommodate Councillors Beauchamp and Eustace. They were aware that people who sat on the sub-committees were assisted by Full Council. People who sat on the sub-committees were allotted days to their particular sub-committees and this revolves around everything else they had to do in relation to their representation elsewhere within their Council duties. It would have caused too much upheaval to change it to what had been suggested as they wanted to get rid of Tuesdays and add Thursdays. 671 RESOLVED:- (i) That the membership of Licensing Sub-Committee’s A, B and C for the Municipal Year 2016/2017 be noted; (ii) that each Sub-Committee comprise 3 Members (with a quorum of 3) and that authority be given for each Sub-Committee to determine matters relating to the Licensing Act 2003, the Gambling Act 2005, Hackney Carriage Licences Private Hire Licences and such other business as maybe referred to then by the Director of Regulation and Enforcement; (iii) that any Sub-Committee Member may appoint a nominee (substitute) from their own party group on the Licensing and Public Protection Committee to attend a meeting in their place. Page 7 of 316 454 Licensing and Public Protection Committee – 15 June 2016 Licensing Sub-Committee A – Mondays (0930 hours) Cllrs Barbara Dring Lab Oscott Ward (Chairman) Nagina Kauser Lab Aston Ward Bob Beauchamp Con Erdington Ward Licensing Sub-Committee B – Tuesdays (1000 hours) Cllrs Lynda Clinton (Chairman) Lab Tyburn Ward Nawaz Ali Lab South Yardley Ward Gareth Moore Con Erdington Ward Licensing Sub-Committee C – Wednesdays (1000 hours) Cllrs Alex Buchanan Lab Billesley Ward (Chairman) Mike Leddy Lab Brandwood Ward Neil Eustace Lib Dem Stechford and Yardley North _____________________________________________________________ MINUTES In response to Councillor Moore’s enquiry in relation to the Cumulative Impact policy - Minute 660, Chris Neville stated that he understood that the consultation had gone out, but that he would check with the officers concerned. He advised that if it did not gone out he would ensure that it was done immediately. 672 RESOLVED:- That the Minutes of the meeting held on 20 April 2016, having been previously circulated, were confirmed and signed by the Chairman. _____________________________________________________________