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1
NOTICE OF MEETING
Meeting:
Licensing Committee
Date and Time:
Tuesday, 12 March 2013 at 7.00 pm
Place:
Council Chamber, Civic Offices, Fleet
Telephone Enquiries to: Mrs Martine Fullbrook
(01252) 622122 Ext 4126
Members: Barrell, Billings, Butler, Evans, Glen,
Harward, Ive (Chairman), Kennett, Morris,
Oliver, Radley JR
G Bonner
Chief Executive CIVIC OFFICES, HARLINGTON WAY
FLEET, HAMPSHIRE GU51 4AE
AGENDA COPIES OF THIS AGENDA ARE AVAILABLE IN LARGE PRINT
AND BRAILLE ON REQUEST
1 MINUTES OF THE PREVIOUS MEETING
The minutes of the meeting held on 8 January 2013 are attached for confirmation and signature as a correct record. Paper A
2 APOLOGIES FOR ABSENCE
3 DECLARATIONS OF INTEREST
To declare disclosable pecuniary, and any other, interests.
2
4 CHAIRMAN’S ANNOUNCEMENTS
5 LICENSING SUB-COMMITTEE HEARING
To note the minutes of the meeting held on 20 February 2013. Paper B
6 LICENSING SUB-COMMITTEE HEARING PROCESS
To discuss the procedure for Hearings
7 HACKNEY CARRIAGE AND PRIVATE HIRE LICENCE FEE INCREASE
At the Licensing Committee meeting of the 8th January 2013 members approved
an increase in the fees for the licensing of Hackney Carriage and Private Hire
Vehicles, Operator’s licenses and Drivers’ licenses currently charged by Hart District
Council pursuant to Section 70 of the Local Government (Miscellaneous Provisions) Act
1976, for vehicle and operator licenses and Section 53 for driver’s licenses. The increase
in licensing fees was subject to a 28 day public consultation period as required under
Section 70 of the Local Government (Miscellaneous Provisions) Act 1976. Paper C
RECOMMENDATION
To consider the Licensing Fees as recommended by the Licensing Committee on the 8th
January 2013, taking into consideration the representations received during the
consultation period.
Date of Despatch: 5 March 2013
The Human Rights Act 1998 (the Act) has incorporated part of the European Convention on
Human Rights into English Law. Any recommendations, either to take or not to take
enforcement action, have been assessed to make sure that the decision is compatible with the
Act. If there is a potential conflict, this will be highlighted in the individual report on the relevant
item.
Note for Councillors: After the meeting there will be an informal update
from Officers.
PAPER A
LIC. 8
LICENSING COMMITTEE
Date and Time: Tuesday, 8 January 2013 at 7 pm
Place: Council Chamber, Civic Offices, Fleet
Present:
COUNCILLORS:
Ive (Chairman)
Barrell, Butler, Evans, Glen, Oliver, Radley JR
OFFICERS:
Nick Steevens Environmental Health & Licensing Manager
David King Principal Licensing Officer
Suzanne Smith Solicitor, Shared Legal Services
Martine Fullbrook Democratic Services Officer
20 MINUTES OF THE PREVIOUS MEETING
The draft Minutes of the Licensing Committee held on 06 November 2012 were
confirmed and signed as a correct record.
21 APOLOGIES FOR ABSENCE
Apologies were received from Councillors Billings and Morris.
22 DECLARATION OF INTERESTS
Councillor Radley pointed out that Code of Conduct training has been arranged for
members which will cover declarations of interest. It is important that Members
attend the training so please contact Gill Chapman if you are not already booked in
for one of the sessions. Dates for the training are as follows:
Monday 28th January 7pm, Tuesday 29th January 7pm, Wed 30th January 9:30am,
Thursday 31st January at 5:30pm
23 CHAIRMAN’S ANNOUNCEMENTS
None.
24 LICENSING SUB-COMMITTEE HEARING
The minutes of the hearing held on 21 November 2012 were noted. Councillor
Radley asked if Dominos Pizza had submitted a planning application as discussed at
the hearing.
Post meeting note: A planning application (12/02480/AMCON) has been received
to vary condition 2 of planning permission 09/02714/FUL to allow operating hours of
PAPER A
LIC. 9
1100hrs to midnight Sunday to Wednesday and 1100hrs to 0200hrs Thursday to
Saturday. The decision is due at the end of January.
25 LICENSING SUB-COMMITTEE HEARING
The minutes of the hearing held on 10 December 2012 were noted
26 HACKNEY CARRIAGE AND PRIVATE HIRE LICENCE FEE INCREASE
Members discussed the financial implications of the fee increase and raised concerns
regarding the shortfall between the cost of providing the service (£96,325) and the
projected income for the next financial year (£81,540).
While discussing the comparison of neighbouring authorities (Appendix I), Members
questioned why Hart does not charge a vehicle plate fee in line with the other local
authorities and suggested that even though the plates provided are now plastic rather
than metal, a fee should still be charged. £30 was suggested in line with other
authorities. This would reduce the shortfall by 50% and increasing the Hackney
Carriage (HC) and Private Hire (PH) vehicle license to £230 would help to reduce it
further.
Members were concerned that even with the suggested increases the service would
still not break even and requested that the budget be looked at in more detail. The
Chairman agreed to discuss the licensing budget with the Leader of the Council with
a view to raising the issue at Cabinet.
It was proposed that the 3% increase be approved and that in addition to this, the
HC and PH vehicle license be increased to £230 instead of £223 and that a £30 charge be introduced for vehicle plates.
RESOLVED
That the 3% increase be approved, and that in addition to this, the HC and PH
vehicle license be increased to £230 instead of £223 and that a £30 charge be
introduced for vehicle plates.
27 LATE NIGHT LEVY
Members discussed the Late Night Levy report and agreed that it would not provide
funding where required. The police will receive at least 70% of the net levy revenue
but as this money won’t be ring fenced there is no guarantee that it will be spent on
problem areas (such as policing Fleet Road). In addition to this applying a levy across
the whole district would be disproportionate imposing an additional burden on
premises which do not contribute significantly to anti-social behaviour or demand
additional resource from the police, and the levy would initially create a significant
amount of work for the licensing department which could not be recouped from any
monies received.
PAPER A
LIC. 10
RESOLVED
The Licensing Committee agreed not to apply a Late Night Levy to the District of
Hart.
The meeting closed at 8:00 pm
PAPER B
1
LICENSING HEARING
Date and time: Wednesday, 20 February 2013 at 10 am
Place: Council Chamber, Civic Offices
COUNCILLORS: Billings, Butler and Harward
OFFICERS:
David King Principal Licensing Officer
Melanie O’Sullivan Solicitor, Shared Legal Services
Martine Fullbrook Business Support
Nick Steevens Environmental Health & Licensing Manager
APPLICANT:
Mr Abdul W Chowdhury
Mr Abdul Mojid
Also in attendance:
Mr P Worrall – Trading Standards Hampshire
Mr I Barnes – Hampshire Police Constabulary Mr A Read – Hampshire Police Constabulary
Mr R Kitson – Hampshire Police Constabulary
1 APPOINTMENT OF CHAIRMAN
It was resolved that Councillor Butler be appointed Chairman for the duration of the
meeting.
2 DECLARATIONS OF INTEREST
No declarations were made.
3 APPLICATION UNDER THE LICENSING ACT 2003 FOR A REVIEW OF
PREMISES LICENCE 12/00942/LAPRE ISSUED TO JULIAN’S OFF
LICENCE, 329 FLEET ROAD, HAMPSHIRE
Members reviewed the premises licence application.
Mr King reported that Hampshire County Council Trading Standards Service had
submitted an application under Section 51 of the Licensing Act 2003 to review the
premises licence for Julians Off licence because an allegation had been received that
alcohol had been sold to minors on the 23 rd November 2012 and CCTV footage
confirmed this.
PAPER B
2
Trading Standards confirmed that they were requesting a suspension of the premises
licence until further conditions were attached to the licence including updated CCTV
system, staff training and refusals book. They also requested a reduction in the
operating hours to 23:00 hours daily because on viewing CCTV footage of Julians,
officers had also observed customers entering the premises after midnight and
purchasing goods. This was contrary to the condition that the front door be locked
from midnight and sales between midnight and 01:00 hours were to be through the
night hatch.
Hampshire Police supported the Training Standards request to review the licence.
The committee requested clarification regarding the following:
The current CCTV system; whether it can record and whether Mr Chowdhury
knows how to operate it. Mr Chowdhury confirmed that he does now know how to
use the system but that he would be willing to undertake further training.
It was established that the shop does most of its trading after 11pm.
The Solicitor explained that she would be providing members with advice regarding
the guidance of the Licensing Act 2003 in order to help them reach their decision.
The panel retired at 11.05 am
The hearing re-convened at 11:50 am
The Chairman asked the Solicitor to summarise the approach taken by the panel.
PAPER B
3
DECISION NOTICE OF THE
LICENSING COMMITTEE AT HART DISTRICT COUNCIL
ON 20 FEBRUARY 2013
APPLICATION FOR A REVIEW OF THE PREMISES LICENCE AT JULIAN’S
OFF LICENCE, 329 FLEET ROAD, HAMPSHIRE, GU51 3BU
DETERMINATION UNDER THE LICENSING ACT 2003
The Licensing Sub Committee has carefully considered all the evidence and listened to the
representations from Trading Standards, the Police and the Licence Holder. The committee
has also had regard to the written representations.
The Committee has decided having regard to all the circumstances to SUSPEND the
premises licence for six weeks from the date of this decision. The committee consider this
to be appropriate for the promotion of the licensing objectives in order to allow the licence
holder time to comply with the conditions that are being added to the licence as a result of
today’s hearing. The Committee has considered the detrimental financial impact that this
may have on the licence holder. The offence that has occurred at the premises is one which
is taken seriously by the Licensing Authority. The remedial action taken in this matter
addresses the causes for concern and the following conditions are appropriate and
proportionate and reflect good practice in the licensing trade.
Conditions
1. The holder of a personal licence shall be present at all times when the premises are
licensed for the sale of alcohol.
CCTV
1. The premises shall have sufficient cameras located within the premises to cover all
public areas including outside of the premises covering the entrance and the exit.
The system will be able to cope with strobe lighting (where used) and all levels of
illumination throughout the premises as well as outside areas.
2. CCTV warning signs to be fitted in public places.
PAPER B
4
3. The CCTV system must be operating at all times whilst the premises are open for
licensable activity. All equipment shall have a constant and accurate time and date
generation.
4. The recording system will be able to capture a minimum of 4 frames per second and
all recorded footage must be securely retained for a minimum of 31 days.
5. Records must be made on a weekly basis and kept for inspection to show that the
system is functioning correctly and that data is being securely retained.
6. The DPS or premises manager must be able to demonstrate that the CCTV system
has measures to prevent recordings being tampered with, i.e., password protected.
7. There shall be sufficient members of trained staff at the premises during operating
hours to be able to provide viewable copies immediately to police on request when
investigating allegations of offences or criminal activity. Any images recovered must
be in a viewable format on either disc or VHS. Footage supplied in a digital format
on CD or DVD will also have a copy of the CCTV system software enabled on the
disc to allow playback.
8. In the event of technical failure of the CCTV equipment the Premises Licence
holder/DPS MUST report the failure to the Police Licensing Unit with 24 hours.
Refusals Book
1. A written log shall be kept of all refusals including refusals to sell alcohol. The
Premises Licence Holder shall ensure that the refusals log is checked, signed and
dated on a weekly basis by the Store Manager/Manageress.
2. The refusals log will be kept and maintained at the premises and will be available for
inspection immediately upon request by Hampshire Constabulary and any responsible
authority.
3. The record of refusals will be retained for 24 months.
Challenge 25
1. There will be a Challenge 25 policy operating at the premises. Challenge 25 means
that the holder of the premises licence shall ensure that every individual, who visually
appears to be under 25 years of age and is seeking to purchase or be supplied with
alcohol at the premises or from the premises, shall produce identification proving
that individual to be 18 years of age or older.
PAPER B
5
2. Acceptable identification for the purposes of age verification will include a driving
licence, passport or photographic identification bearing the “PASS” logo and the
person’s date of birth.
3. If the person seeking alcohol is unable to produce acceptable means of identification,
no sale or supply of alcohol will be made to or for that person.
4. “Challenge 25” posters shall be displayed in prominent positions at the premises.
Training
1. Staff will be trained regarding appropriate precautions to prevent the sale of alcohol
to persons under the age of 18, and the refusal of sale due to intoxication. Records
will be kept of such training which must be signed and dated by the member of staff
who has received that training.
2. All staff will receive refresher training every three months as a minimum and records
are to be kept of this refresher training which should be signed and dated by the
member of staff who received that training.
3. All training records will be made immediately available for inspection by Hampshire
Constabulary and any responsible Authority upon request. Training records will be
kept for a minimum of two years. Training records will be kept on the licensed
premises to which they relate to.
You have 21 days from the date of receipt of the decision notice to appeal this decision.
PAPER C
LICENSING
DATE OF MEETING: 8 JANUARY 2013
SUBJECT OF REPORT: HACKNEY CARRIAGE AND PRIVATE HIRE
LICENCE FEE INCREASE
REPORT OF: Principal Licensing Officer
CABINET MEMBER: Councillor John Kennett, Community Safety,
Licensing and Environmental Health
1 PURPOSE OF REPORT
At the Licensing Committee meeting of the 8th January 2013 members approved
an increase in the fees for the licensing of Hackney Carriage and Private Hire
Vehicles, Operator’s licenses and Drivers’ licenses currently charged by Hart
District Council pursuant to Section 70 of the Local Government
(Miscellaneous Provisions) Act 1976, for vehicle and operator licenses and Section
53 for driver’s licenses. The increase in licensing fees was subject to a 28 day
public consultation period as required under Section 70 of the Local Government
(Miscellaneous Provisions) Act 1976.
2 RECOMMENDATION
Members are asked to consider the Licensing Fees as recommended by the
Licensing Committee on the 8th January 2013, taking into consideration the
representations received during the consultation period.
3. BACKGROUND
3.1 Sections 53 and 70 of the Local Government (Miscellaneous Provisions) Act 1976
permit Local Authorities to charge Licensing Fees for the purpose of licensing private hire and hackney carriage vehicles, operators and drivers.
3.2 Under Section 70, fees are to be such as may be sufficient to cover the costs in
whole or part of:
a. the reasonable cost of inspecting Hackney Carriages and Private Hire vehicles
for the purpose of determining whether any such licence should be granted
or renewed;
b. the reasonable costs of providing Taxi Ranks; and
c. any reasonable administrative or other costs in connection with above and
with the control and , supervision of Hackney Carriages and Private Hire
vehicles .
3.3 Section 53(2) of the Local Government Act 1976 gives the power for Local
Authorities to charge such fees as they consider reasonable with a view to
recovering the costs of issue and administration of Hackney Carriage and Private
Hire driver’s licenses.
PAPER C
3.4 The current Licence Fees were approved by the Licensing Committee in February
2011 and came into effect on the 1st April 2011 after public consultation. The
Licensing Committee did not increase the licence fees in 2012/2013
3.5 The Licence fees approved by the Licensing Committee in 2011 are as follows;
a. Operators' Licence from £104 to £108
b. Private Hire and Hackney Carriage Vehicles from £208 to £216
c. Initial Drivers Licence for Private Hire and Hackney Carriage from £94 to
£108
d. Initial Combined Drivers Licence from £104 to £118
e. Drivers Licence Renewal from £73 to £86
f. Combined Drivers Licence Renewal from £84 to £97
g. Drivers 3 year Licenses for Hackney and Private Hire from £200 to £218
h. Combined 3 year drivers Licenses from £208 to £226
i. Transfer of Vehicle (plate) from £73 to £76
j. Copy of Licence from £22 to £23
k. For the re-sitting of driver’s knowledge test from £24 to £25
3.6 The Licence Fees approved by members on the 8th January 2013 took into
consideration surrounding authorities licence fees. The fees subject to the public
consultation period for 2013/2014 have largely been increased in line with
inflation with the exception of Private Hire and Hackney carriage Vehicle Licences
which have increased from £216 to £230 and the inclusion of new charges of an initial plate fee and plate renewal fee. The rational behind the increase above
inflation and the new charges was to bring the fees charged by Hart in line with
those charged by surrounding authorities. Fees have been rounded off to whole
pounds for ease of administration. The proposed fees are as follows:
a. Operators' Licence from £108 to £112
b. Private Hire and Hackney Carriage Vehicles from £216 to £230 (the fee for
wheel chair accessible vehicles reduced to £115 as recommended by the
Licensing Committee on the 18th July 2012)
c. Initial Drivers Licence for Private Hire and Hackney Carriage from £108 to
£112
d. Initial Combined Drivers Licence from £118 to £122
e. Drivers Licence Renewal from £86 to £89
PAPER C
f. Combined Drivers Licence Renewal from £97 to £100
g. Drivers 3 year Licenses for Hackney and Private Hire from £218 to £225
h. Combined 3 year drivers Licenses from £226 to £233
i. Transfer of Vehicle (plate and licence) from £76 to £79
j. Copy of Licence from £23 to £24
k. For the re-sitting of driver’s knowledge test from £25 to £26
l. DVLA driver’s licence checks from £10 to £15 ( This increase due to
administration costs with DVLA which have increased over 2 years since our
last fee increase)
m. CRB checks £44 ( this fee is set by Government Legislation)
n. Vehicle plate fee (which includes bracket kit accessories) £30 (new fee)
3.7 The Licence Fees charged by surrounding local authorities from the Hampshire
and Isle of Wight licensing group, Waverely, Surrey Heath and Guildford Borough
Councils are attached at appendix A. Members will note that the fees proposed
for Hart are in line with neighbouring authorities overall. Members will also note
that the proposed introduction of a vehicle plate fee is also comparable to the
neighbouring authorities. Also attached at Appendix B is a document showing the
initial cost of applying for a Hackney Carriage and Private Hire vehicle licence
from the same local authorities which again shows that Hart District Council is
comparable with our neighbouring authorities. Members should note that in
Basingstoke, Rushmoor and Winchester all vehicles for Hackney Carriages must
be new registered wheel chair accessible vehicles which can be more than double
the cost of a new saloon type vehicle which can add considerable costs to the
application for a Hackney Carriage vehicle licence.
3.8 The taxi tariff currently charged by Hart District Council hackney carriages for the
first mile is again very similar to our surrounding neighbouring authorities. For
example, in Hart the first mile day time rate is £4.20p. Basingstoke for the same is
£4.80p, East Hants £4.20p, Surrey Heath £4.00p, Bracknell £4.20p, Waverley
£3.80p and Rushmoor £3.40 (plus 70p for each additional passenger in excess of
1). I attach a copy of these tariff’s at appendix C.
3.9 The recommended 3% increases in licence fees are required as the present
cost of administering the service for Hackney Carriage and Private Hire vehicles
and drivers exceeds the income generated. Licence fees are ringed fenced so that
they can only be used to provide the service for Hackney Carriage and Private
Hire licensing.
3.10 The current cost of providing the service is £96,325 and the projected income
for the coming financial year without any increase in fees and charges is £81,540.
Income can fluctuate from year to year.
PAPER C
4. CONSULTATION
4.1 The licence fees approved by the Licensing Committee on the 8th January 2013 were advertised in the public notice section of the Hampshire Independent
Newspaper on the 18th January 2013 and at the Civic Offices. In addition contact
was made directly with local drivers and operators to inform them of the
consultation. The closing date for representations to the proposed increase was
the 15th February 2013. Both public notices are attached at appendix D. The
increase in licensing fees was also reported upon in an article in the Fleet News
and Mail. The newspaper article is attached at appendix E.
4.2 The Licensing Department received at total of 9 letters from members of the taxi
trade who have expressed their concerns at the increase in the vehicle licence fee
together with introduction of the vehicle plate fee. The letters are attached at
Appendix F. There were no other representations received.
5. CRIME AND DISORDER
None
6. FINANCIAL IMPLICATIONS
6.1 The cost of the public notification in the Hampshire Independent newspaper,
public notice section was £150.
6.2 The fees which were initially proposed at the Licensing Committee on 8th January
2013 would have resulted in an increase in income in the region of £2,000 to
£2,500.
6.3 The revised fees which were decided upon by the Licensing Committee on
January 8th would generate an additional £9,102.
6.4 The projected budgetary shortfall would drop from an estimated £14,785 to around £3,185 should the increases be approved.
7. CONCLUSION
That the Licensing Committee approves the proposed Licence Fees to take effect
from 1st April 2013 having taken into consideration the representations from
members of the taxi trade.
CONTACT:
David King, Principal Licensing Officer: Extension 4721: E-mail [email protected]
Appendices:
Appendix A: Comparison of Surrounding Council’s taxi tariffs
LIC.11
LICENSING COMMITTEE Date and Time: Tuesday, 12 March 2013 at 7.00 pm Place: Council Chamber, Civic Offices, Fleet Present: COUNCILLORS Butler (Vice Chairman) Barrell, Kennett, Morris, Radley JR In attendance: Officers: Nick Steevens Environmental Health and Licensing Manager David King Principal Licensing Officer Suzanne Smith Solicitor, Shared Legal services Gill Chapman Democratic Services Officer Public: Terry O’Grady Glen Holton Damian Prince
28 MINUTES OF THE PREVIOUS MEETING The minutes of the meeting of 8 January 2013 were confirmed and signed as a
correct record. 29 APOLOGIES FOR ABSENCE Aa apologies had been received from the Chairman, Councillor Ive, the Vice
Chairman, Councillor Butler, took the Chair. Apologies were also received from Councillors Billings, Evans, Glen, Harward and Oliver.
30 CHAIRMAN’S ANNOUNCEMENTS None. 31 DECLARATIONS OF INTEREST None. 32 LICENSING SUB-COMMITTEE HEARING
The minutes of the meeting held on 20 February 2013 were noted.
LIC.12
33 LICENSING SUB-COMMITTEE HEARING PROCESS
In order to be include more members in the discussion, it was agreed that this item be deferred to the next meeting.
34 HACKNEY CARRIAGE AND PRIVATE HIRE LICENCE FEE INCREASE
At the Licensing Committee meeting of 8 January 2013 members approved an increase in the fees for the licensing of Hackney Carriage and Private Hire Vehicles, Operator’s licenses and Drivers’ licenses currently charged by Hart District Council pursuant to Section 70 of the Local Government (Miscellaneous Provisions) Act 1976, for vehicle and operator licenses and Section 53 for driver’s licenses. The increase in licensing fees was subject to a 28 day public consultation period as required under Section 70 of the Local Government (Miscellaneous Provisions) Act 1976.
Members considered the Licensing Fees as recommended by the Licensing Committee on 8 January 2013, taking into consideration the representations received during the consultation period. Members asked the attending public, members of the taxi trade, for their views, which were that the increase, equating to 20%, was too large in this economic climate.
Points raised by members and public included: pricing of plate in line with other
authorities, different charges for new and renewal of plates, budget shortfall, how to reach a self-funding service and the alternative of the local ratepayer being asked to subsidise the service, and available resources within the (small) team.
After lengthy discussion and consideration of the income from different levels of
charges, Members agreed that the introduction of a plate charge to address the shortfall in the budget could be more gradual. It was therefore agreed that a £20 charge be introduced for vehicle plates at this time.
RESOLVED That the 3% increase be approved, and that in addition to this, the HC and PH
vehicle licence be increased to £230 instead of £223 and that a £20 charge be introduced for vehicle plates.
The meeting closed at 7.45pm