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Birmingham City Council Licensing and Public Protection Committee

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Birmingham City Council Licensing and Public Protection Committee BIRMINGHAM CITY COUNCIL LICENSING AND PUBLIC PROTECTION COMMITTEE WEDNESDAY, 20 JUNE 2018 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/meeting to note that this meeting will be webcast for live or subsequent broadcast via the Council's Internet site (www.civico.net/birmingham) and that members of the press/public may record and take photographs except where there are confidential or exempt items. 2 DECLARATIONS OF INTERESTS Members are reminded that they must declare all relevant pecuniary and non pecuniary interests arising from any business to be discussed at this meeting. If a disclosable pecuniary interest is declared a Member must not speak or take part in that agenda item. Any declarations will be recorded in the minutes of the meeting. 3 APOLOGIES To receive any apologies. 4 APPOINTMENT OF LICENSING AND PUBLIC PROTECTION COMMITTEE To note the appointment by the City Council of the Committee and Chairman for the Municipal Year 2018/2019 as follows:- Labour Group (10) Councillor Olly Armstrong Councillor Nicky Brennan Councillor Barbara Dring (Chairman) Councillor Nagina Kauser Councillor Narinder Kaur Kooner Councillor Mike Leddy Councillor Mary Locke Councillor Hendrina Quinnen Page 1 of 266 Councillor Sybil Spence Councillor Martin Straker Welds Conservative Group (3) Councillor Bob Beauchamp Councillor Adam Higgs Councillor Bruce Lines Councillor Simon Morrall Liberal Democrat Group (1)b Councillor Neil Eustace 5 ELECTION OF DEPUTY CHAIR To elect a Deputy Chair for the Municipal Year 2018/2019. 6 FUNCTIONS, POWERS AND DUTIES 7 - 8 To note that the City Council has agreed this Committee's Functions, Powers and Duties, as set out in the attached schedule. 7 DATES OF MEETINGS OF LICENSING AND PUBLIC PROTECTION COMMITTEE The Committee is recommended to meet on the following Wednesdays at 1000 hours at the Council House, Birmingham:- 2018 2019 11 July 16 January 19 September 13 February 24 October 13 March 21 November 10 April 19 December 8 LICENSING SUB-COMMITTEES 2018/2019 (i) To note the membership of Sub-Committees A, B and C appointed by the City Council for the Municipal Year 2018/2019 as detailed below:- (ii) Each Sub-Committee comprises 3 Members (with a quorum of 3) and will determine matters relating to The Licensing Act 2003, The Gambling Act 2005, Hackney Carriage Licences, Private Hire Licences and such other business as may be referred to them by the Director of Regulation and Enforcement Services. (iii) 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 2 of 266 Licensing Sub-Committee A - Mondays (0930 hours) Cllrs Barbara Dring (Chairman) Lab Oscott Ward Martin Straker Welds Lab Moseley Ward Bob Beauchamp Con Perry Common Ward Licensing Sub-Committee B - Tuesdays (0930 hours) Cllrs Nagina Kauser (Chairman) Lab Aston Ward Nicky Brennan Lab Sparkhill Ward Adam Higgs Con Highters Heath Ward Licensing Sub-Committee C - Wednesdays (0930 hours) Cllrs Mike Leddy (Chairman) Lab Brandwood & Kings Heath Ward Olly Armstrong Lab Northfield Ward Neil Eustace LD Yardley East Ward 9 MINUTES 9 - 18 To confirm and sign the Minutes of the meeting held on 18 April 2018. 10 SCHEDULE OF NOMINATIONS TO SERVE ON OUTSIDE BODIES 19 - 20 To approve representation on various bodies. 11 LICENSING AND PUBLIC PROTECTION OUTTURN 2017/2018 21 - 26 REPORT OF ACTING DIRECTOR OF REGULATION AND ENFORCEMENT AND CHIEF FINANCIAL OFFICER 12 REGULATION & ENFORCEMENT ANNUAL REPORT 2017/2018 27 - 92 REPORT OF ACTING DIRECTOR OF REGULATION AND ENFORCEMENT 13 LICENSING AUTHORITY POLICIES AND PROCEDURES 93 - 144 DELEGATIONS REPORT OF THE ACTING DIRECTOR OF REGULATION AND ENFORCEMENT 14 PROPOSAL FOR COMBINED HACKNEY CARRIAGE AND PRIVATE 145 - 150 HIRE DRIVING LICENCE REPORT OF THE ACTING DIRECTOR OF REGULATION AND ENFORCEMENT Page 3 of 266 15 CONSULTATION ON PRIVATE HIRE VEHICLE SIGNAGE 151 - 154 REPORT OF THE ACTING DIRECTOR OF REGULATION AND ENFORCEMENT 16 PROPOSED AMENDMENTS TO THE KNOWLEDGE TEST FOR 155 - 176 PRIVATE HIRE DRIVERS REPORT OF THE ACTING DIRECTOR OF REGULATION AND ENFORCEMENT 17 DETERMINING THE SUITABILITY OF APPLICANTS AND LICENSEES 177 - 212 IN THE HACKNEY CARRIAGE AND PRIVATE HIRE TRADES REPORT OF ACTING DIRECTOR OF REGULATION AND ENFORCEMENT. 18 MODERNISING CONSUMER MARKETS CONSUMER GREEN PAPER 213 - 222 REPORT OF THE ACTING DIRECTOR OF REGULATION AND ENFORCEMENT 19 FIXED PENALTY NOTICES ISSUED MARCH AND APRIL 2018 223 - 226 REPORT OF ACTING DIRECTOR OF REGULATION AND ENFORCEMENT 20 OUTCOME OF APPEALS AGAINST SUB COMMITTEE DECISIONS 227 - 230 TAKEN DURING MARCH AND APRIL 2018 REPORT OF ACTING DIRECTOR OF REGULATION AND ENFORCEMENT 21 ACTIONS TAKEN BY THE CHAIR OF THE LICENSING AND PUBLIC 231 - 234 PROTECTION COMMITTEE DURING APRIL 2018 REPORT OF ACTING DIRECTOR OF REGULATION AND ENFORCEMENT 22 PROSECUTION AND CAUTIONS MARCH AND APRIL 2018 235 - 264 REPORT OF ACTING DIRECTOR OF REGULATION AND ENFORCEMENT 23 SCHEDULE OF OUTSTANDING MINUTES 265 - 266 To consider the schedule of outstanding minutes. 24 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. Page 4 of 266 25 AUTHORITY TO CHAIRMAN AND OFFICERS Chairman to move:- 'In an urgent situation between meetings, the Chairman jointly with the relevant Chief Officer has authority to act on behalf of the Committee'. Page 5 of 266 Page 6 of 266 5.7 Licensing and Public Protection Committee Functions To exercise the powers and duties of the Council with regard to licensing matters and, in particular, to: exercise and enforce the Council’s local licensing powers; issue, renew or otherwise control any licences issued to any authorised caravan site(s); and approve the appearance and design of signs displayed in Hackney Carriages. To exercise the licensing, regulatory and registration powers and duties of the Council under all relevant legislation relating to these matters. To exercise the powers and duties of the Council with regard to public protection matters which are non-executive functions and, in particular, to: be accountable for working conditions in offices, shops and railway premises and in factories; exercise the powers and duties of the Council under all relevant legislation and relating to the non-executive functions of the Committee. Page 7 of 266 Page 8 of 266 BIRMINGHAM CITY COUNCIL LICENSING AND PUBLIC PROTECTION COMMITTEE 18 APRIL 2018 MINUTES OF A MEETING OF THE LICENSING AND PUBLIC PROTECTION COMMITTEE HELD ON WEDNESDAY 18 APRIL 2018 AT 1000 HOURS IN COMMITTEE ROOMS 3 AND 4 COUNCIL HOUSE, BIRMINGHAM PRESENT: - Councillor Barbara Dring in the Chair; Councillors Bob Beauchamp, Alex Buchanan, Liz Clements, Lynda Clinton, Ian Cruise, Basharat Dad, Nagina Kauser, Chaman Lal, and Mike Leddy. ************************************* NOTICE OF RECORDING/WEBCAST 1000 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 except where there were confidential or exempt items. _____________________________________________________________ APOLOGIES 1001 Apologies were received from Councillors Nawaz Ali, Des Flood, Carol Griffiths, Changese Khan and Rob Sealey for non-attendance. ______________________________________________________________ The business of the meeting and all discussions in relation to individual reports are available for public inspection via the web-stream. MINUTES 1002 The Minutes of the meeting held on 14 March 2018, having been previously circulated were confirmed as a correct record and signed by the Chairman. ____________________________________________________________ 684 Page 9 of 266 Licensing and Public Protection Committee – 18 April 2018 REVIEW OF CHANGES FOR HIGHWAY SERVICES FOR 2018/2019 The following report of the Assistant Director, Highways and Infrastructure was submitted:- (See document No. 1) Kamyar Tavassoli, Highways Service Manager, presented the report and whilst highlighting the key points made particular reference to 3.2 of the report which detailed the recipient of fees and charges. The Chair put the recommendations to the meeting all were unanimously agreed:- 1003 RESOLVED:- The Licensing and Public Protection Committee:- That the fees and charges set out in Appendix 1 were approved as follows:- City Council retained fees and charges with effect from 30 April 2018 Highways Maintenance and Management Private Finance Initiative (HMMPFI) Service Provider, Amey retained fees and charges with effect from 7 June 2018. _____________________________________________________________ REGULATION AND ENFORCEMENT SERVICE PLANS 2018/2019 The following report of the Acting Director of Regulation and Enforcement Was submitted:- (See Document No. 2) Chris Neville, Acting Director of Regulation and Enforcement made introductory comments to the report and subsequently detailed the services that were covered by Regulation and Enforcement Division. He referred to the service plans that were attached to the report and highlighted that each demonstrated how improvements in the services would be delivered. Joyce Amadedon, Head of Operations and Bereavement Services, provided a comprehensive breakdown of the service plan and in response to members
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