Agenda and minutes

To receive from Members, declarations as to personal and/or prejudicial interests and the nature of those interests in relation to any agenda item. Please see Notes 1 and 2 overleaf.

There were no declarations of interest.

To approve as a correct record the minutes of the meeting held on 14^th June, 2011.

The minutes of the meeting held on 14^th June 2011 were confirmed as a correct record and signed by the Chair.

To receive any questions from members of the public provided that a question does not relate to:

·         Matters which are the subject of current or pending legal proceedings, or

·         Matters relating to employees or former employees of the Council or comments in respect of individual Council Officers

There were no questions from the public.

To receive any petitions and deputations provided that no such petition is in relation to:

·         Matters relating to individual Council Officers, or

·         Matters relating to current or pending legal proceedings

There were no petitions or deputations.

Report of the Group Manager, Environmental Health and Regulatory Services.

The Licensing Officer outlined the appeal by Mr Mohammed Sanneh against an officer decision to refuse to issue a private hire vehicle licence to vehicle BMW 525, registration number SB06 BKD, on the grounds that it did not meet the age specification required by the Council’s vehicle licensing conditions by a period of 24 days.

The City Council was empowered under the Local Government (Miscellaneous Provisions) Act 1976 to licence private hire vehicles and to apply conditions to the issue of such licences.  A condition for the first time of licensing a private hire vehicle which came into effect on 1^st June 2010 stipulated ‘vehicles will not be accepted for licensing on the first occasion after 5 years from the date of first registration, regardless of whether it was previously licensed anywhere else in the Uk, or re-licensed 10 years from the date of first registration’.

The Licensing and Enforcement Officer reminded Members that in May 2003, the Council’s General Conditions for Hackney Carriage and Private Hire Licensing contained the wording ‘will not normally be accepted’ in place of the above, thus allowing Officer and Member discretion when deciding the merits of an individual case.  It was noted that at present, the discretion rested only with Members to exempt vehicles from the Conditions on an individual merits basis.

Mr Sanneh had been a licensed Private Hire driver since December 2004.  He purchased the vehicle, which had been first registered with the DVLA on 19^th May 2006, on 27^th May 2011.  The Private Hire vehicle licence application was received by the Licensing Team on 10^th June 2011, which meant that the vehicle had failed to meet, by 24 days, the City Council’s specific condition relating to age and a vehicle’s acceptance for licensing on the first occasion.

In a letter to the Licensing Team, Mr Sanneh explained that he had misunderstood the ‘5 year rule’.  He added that he had further invested in the car to improve its comfort and specification and requested that the matter be referred, as an appeal against the officer decision, to the Licensing and Enforcement Committee.

The vehicle had subsequently been inspected by a Licensing and Enforcement Officer at the City Council’s offices on 6^th July 2011 and proved to meet all other licensing requirements.

Members were advised that they had two options:-

(a)      To refuse the application on the grounds that the vehicle did not meet the criteria for licensing due to its age.

Or

(b)      To accept the application on the grounds that the vehicle was of such a high standard for its age that the relevant condition should be waived in this particular case.

In making their deliberations, Members were advised that as they had made the decision to adopt the age policy in the first place they also had the power to depart from the policy in exceptional cases.  The age policy had been set in order to maintain the standards of the licensed  ...  view the full minutes text for item 16.

To consider the report of the Group Manager of Environmental Health and Regulatory Services.

The Committee reviewed the outcome of the consultation on the draft Sex Establishment Policy Statement and considered the revised final Sex Establishment Policy Statement. The Committee had considered the draft policy statement at its meeting on 18 January 2011 and had approved it for consultation.

The Committee noted and discussed the following issues and points:

·                     That the City Council could not take any moral stand in adopting a Sex Establishments Policy and that it was the Council’s role as the Licensing Authority to administer the licensing regime for such establishments in accordance with the law.

·                     The Council had only received one formal response to the consultation process and this was detailed at appendix C of the report.

·                     The proposed amendments to the policy detailed at paragraphs 4.8, 4.10 and 4.11 of the report that were recommended.

It was agreed to amend the final bullet point of paragraph 4.8 to read: ‘'The proximity of any other premises that is, or may be, frequently visited by children’

·                     The statement would take immediate effect from when it was approved to ensure that premises were undertaking activities in accordance with the policy. 

RESOLVED

1.            That the draft Sex Establishments Policy Statement and consultation feedback be noted.

2.         That the proposed amendments as detailed in paragraphs 4.8, 4.10 and 4.11 were noted and recommended for inclusion in the final Sex Establishment Policy Statement.   Members agreed that the amendment to 4.8 should state “The proximity of any other premises that may be frequently visited by children”.

3.         That the revised Sex Establishments Policy Statement, as amended, be recommended to Full Council for approval.

Tuesday, 16^th August 2011, at 6.30 p.m.

Tuesday 16^th August 2011 at 6.30 pm.