Please ask for: Paul Rawcliffe Telephone: 01482 615016 Fax: 01482 614804 Email: [email protected] Text phone: 01482 300349 Date: Friday, 28 September 2018 Dear Councillor, Licensing Committee The next meeting of the Licensing Committee will be held at 10:00 on Monday, 08 October 2018 in Room 57 . The Agenda for the meeting is attached and reports are enclosed where relevant. Please Note: It is likely that the public, (including the Press) will be excluded from the meeting during discussions of exempt items since they involve the possible disclosure of exempt information as describe in Schedule 12A of the Local Government Act 1972. Yours faithfully, Democratic Services Officer for the Town Clerk Town Clerk Services, Hull City Council, The Guildhall, Alfred Gelder Street, Hull, HU1 2AA www.hullcc.gov.uk Tel: 01482 300300 Page 1 of 194 Licensing Committee To: Membership: Councillors Abbott, Belcher, Chambers, Chaytor (DC), Conner, Dad, Fudge (C), Neal, Petrini, (Mrs) C E Randall Officers: Tim Fielding, City Health and Wellbeing Manager Keith Fenner, Senior Licensing Officer Stephen Turner, Legal Services Paul Rawcliffe, Democratic Services Officer (x1 exempt, x3 public) Public Sets: Reference Library (Public Set) Page 2 of 194 Licensing Committee 10:00 on Monday, 08 October 2018 Room 57 A G E N D A PROCEDURAL ITEMS 1 Apologies To receive apologies for those Members who are unable to attend the meeting. 2 Declarations of Interest To remind Members of the need to record the existence and nature of any Personal and Discloseable Pecuniary interest in items on the agenda, in accordance with the Member Code of Conduct. (Members Code of Conduct - Part D1 of the Constitution) 3 Minutes of the Previous Meeting 7 - 14 To agree the minutes of the previous meeting. NON-EXEMPT ITEMS 4 Licensing Policy Review 2018 15 - 108 To consider a revised licensing policy and to recommend the policy to Council for approval. 5 Gambling Policy Review 2018 109 - 156 To recommend a draft Gambling Policy and to refer the recommendation to Council for approval. 6 CIA Committee Report 2018 157 - 188 To consider a request from Humberside Police, asking the Council to publish a Cumulative Impact Assessment Page 3 of 194 7 CSE Training Report 189 - 194 To consider the proposal to introduce a requirement for all Hull licensed Hackney Carriage and Private Hire drivers to undertake child safeguarding, CSE, trafficking and radicalisation awareness training. EXEMPT ITEMS 8 Application of Private Hire Driving Licence • Information relating to any individual; 9 Review of Private Hire Driving Licence • Information relating to any individual; 10 Review of Private Hire Driving Licence • Information relating to any individual; 11 Review of Private Hire Driving Licence • Information relating to any individual; 12 Review of Private Hire Driving Licence • Information relating to any individual; 13 Review of Hackney Carriage Driving Licence • Information relating to any individual; 14 Application of Private Hire Driving Licence • Information relating to any individual; Page 4 of 194 15 Review of Private Hire Driving Licence • Information relating to any individual; 16 Review of Private Hire Driving Licence • Information relating to any individual; Page 5 of 194 Page 6 of 194 22 Licensing Committee 10 th September, 2018 PRESENT:- Councillors Fudge (Chair), Chaytor (Deputy Chair), Abbott, Belcher, Chambers, Conner, Dad, Petrini and (Mrs.) C. E. Randall. IN ATTENDANCE:- K. Fenner (Licensing Manager), R. Baggley (Licensing Enforcement Officer), S. Turner (Regulatory Lawyer, Legal Services) and P. Rawcliffe (Democratic Services Officer). APOLOGIES:- Councillor Neal. Minute Description/Decision Action No. By/Deadline PROCEDURAL ITEMS 40 DECLARATIONS OF INTEREST Councillor Petrini declared a personal interest in minutes 47 to 50, insofar as she was a Director of Kingstown Works Limited and that company carried out compliance tests on Hackney Carriage and Private Hire Vehicles. 41 MINUTES OF THE MEETING HELD ON 6TH AUGUST, 2018 Agreed – That, the minutes of the meeting of this Committee, held on 6th August, 2018, having been printed and circulated, be taken as read and correctly recorded and be signed by the Chair. NON-EXEMPT ITEMS 42 APPLICATION FOR A STREET TRADING Director of CONSENT Public Health and Adult The Director of Public Health and Adult Services Services submitted a report which asked the Committee to consider an application for street trading where the operator wished to utilise an area not previously approved. The options available to the Committee were (i) approve the application, and (ii) refuse the application. Page 7 of 194 23 One objection to the application had been received from Councillor Chambers (Ward Councillor). The applicant was in attendance. Moved by Councillor Fudge and seconded by Councillor Chaytor: That the application for a street trading consent to sell hot and cold food and drinks from a mobile trailer on Courtney Street, Monday to Friday, 7.30 a.m. to 2.30 p.m.; Saturday, 8.00 a.m. to 2.00 p.m., and Sunday, 9.30 a.m. to 2.00 p.m., be deferred to allow the applicant to look for a more suitable location for their mobile trailer closer to the industrial area on Courtney Street. Motion carried. 43 APPLICATION FOR A STREET TRADING Director of CONSENT Public Health and Adult The Director of Public Health and Adult Services Services submitted a report which asked the Committee to consider an application for street trading where the operator wished to utilise an area not previously approved. The options available to the Committee were (i) approve the application, and (ii) refuse the application. Objections to the application from Ward Councillors Chaytor and Pantelakis (Marfleet Ward) and Councillor Lunn (Portfolio Holder for Adult Services and Public Health) had been received. The applicant was in attendance. Moved by Councillor Chaytor and seconded by Councillor Fudge: That the application for a street trading consent to sell hot sandwiches, burgers, hot and cold drinks and chocolate bars from a mobile vehic le on Preston Road, close to the junction of Marfleet Lane, Monday to Saturday, 8.00 a.m. to 2.00 p.m., be refused due to the proliferation of similar retailers in the vicinity of the requested site. Page 8 of 194 24 Motion carried. 44 REVIEW OF THE LOCATION OF A STREET Director of TRADING CONSENT – CITY CENTRE Public Health and Adult The Director of Public Health and Adult Services Services submitted a report which asked the Committee to consider a request to review the location of a street trading consent, situated between the former BHS Building and the Nat West Bank, facing West, which had been approved by this Committee on 9 th July, 2018. Subsequently, due to the size of the trailer etc., it had become apparent that siting in that area had raised a number of unintended consequences. This had resulted in complaints that the street trader was causing an obstruction both to deliveries being made to premises in the locality, and to planned events. This indicated that this particular area was unsuitable for street trading. The street trader, who had worked with Licensing Enforcement Officers to secure a safe and practical location within the area determined by the Committee, had also suffered abuse from delivery drivers and disruption to his trade since he had made the move. Therefore, the application from the street trader was to return to his previous location on the corner of King Edward Street and Jameson Street. The options available to the Committee were (i) approve the request, and (ii) refuse the request. No objections to the request had been received. The applicant was in attendance. Moved by Councillor Fudge and seconded by Councillor Chaytor: That the above request, for the licence holder to return to his previous location on the corner of King Edward Street and Jameson Street, be approved. Motion carried. 45 ADOPTION OF THE INSTITUTE OF LICENSING’S Director of GUIDANCE ON DETERMINING THE SUITABILITY Public Health OF APPLICANTS AND LICENCEES IN THE and Adult Page 9 of 194 25 HACKNEY AND PRIVATE HIRE TRADES Services The Director of Public Health and Adult Services submitted a report which informed the Committee of the newly published ‘Guidance on Determining the Suitability of Applicants and Licensees in the Hackney and Private Hire Trades’ document produced by the Institute of Licensing (IoL). The report explained that Hull City Council administered and issued licences for Hackney Carriage and Private Hire vehicles, drivers and operators as part of its regulatory role. Under Section 51 of the Local Government (Miscellaneous Provisions) Act, 1976, the City Council shall, on receipt of an application from any person, grant to that person, a licence to drive Hackney Carriage and/or Private Hire vehicles. This was provided that the City Council was satisfied that the applicant was a ‘fit and proper’ person to hold a driver's licence. The IoL had published this Guidance in response to concerns about the disparity in the criteria used by local authorities, across the country, to determine the suitability of applicants for Hackney Carriage and Private Hire Licenses. The IoL believed that widespread adoption of this Guidance would effectively achieve a level of consistency when considering such applications. The Committee agreed with the higher thresholds within the IoL guidance, and with the IoL’s attempt to unify the Licensing Authorities around the Country on this matter. Moved be Councillor Fudge and seconded by Councillor Chaytor: That the guidance published by the Institute of Licensing in the document ‘Guidance on Determining the Suitability of Applicants and Licensees in the Hackney and Private Hire Trades’, which would replace the Council’s current guidance on convictions included in the City Council’s Hackney Carriage/Private Hire Licensing Conditions and Procedures Handbook, be adopted, and takes precedence in cases of conflict with the Council’s own guidance on this matter.