Agenda and minutes

Licensing & Appeals Committee - Tuesday, 2nd July, 2019 7.30 pm

Venue: Council Chamber, 52 Derby Street, Ormskirk L39 2DF

Contact: Kirsty Breakell 

Items
No. Item

12.

Apologies

Minutes:

There were no apologies for absence received.

13.

Membership of the Committee

To be apprised of any changes to the membership of the Committee in accordance with Council Procedure Rule 4.

Minutes:

There were no changes to the Membership of the Committee.

14.

Urgent Business

Note:  No other business is permitted unless, by reason of special circumstances, which shall be specified at the meeting, the Chairman is of the opinion that the item(s) should be considered as a matter of urgency.

 

Minutes:

There were no urgent items of business.

15.

Declaration of Party Whip

Party Whips are not to be used by this Committee in respect of functions concerning the determination of new Licence Applications, Revocations and Appeals.  When considering any other matter which relates to a decision of the Cabinet or the performance of any Member of the Cabinet, in accordance with Regulatory Committee Procedure Rule 9, Members must declare the existence of any Party Whip and the nature of it, before the commencement of the Committee’s deliberations on the matter.

 

Minutes:

There were no declarations of Party Whip.

16.

Declaration of Interest pdf icon PDF 299 KB

If a Member requires advice on Declarations of Interest, he/she is advised to contact the Borough Solicitor in advance of the meeting.  (For the assistance of members a checklist for use in considering their position on any particular item is included at the end of the agenda sheet).

Minutes:

There were no Declarations of Interest received.

17.

Minutes of Sub - Committees or Working Groups

There are no minutes to receive.

Minutes:

There were no minutes to receive.

18.

Minutes pdf icon PDF 281 KB

To receive as a correct record the minutes of the meeting held on 4 June 2019. Councillor G Johnson was present.

Minutes:

Resolved: That the minutes of the meeting held on 4 June 2019 be received as a correct record and signed by the Chairman.

19.

HEALTH AND SAFETY REGULATORY SERVICE PLAN 2019/20 pdf icon PDF 161 KB

To consider the report of the Director of Leisure and Environment.

 

Additional documents:

Minutes:

Consideration was given to the report of the Director of Leisure and Environment as contained on pages 205 to 218 of the Book of Reports which sought Members agreement of the Health and Safety Regulatory Service Plan 2019/20

 

The Commercial, Safety and Licensing Manager outlined the report and responded to questions and comments raised by Members. 

 

RESOLVED: That the Health and Safety Regulatory Plan for 2019/20, as attached at appendix 2 to the report, is approved. 

20.

Exclusion of Press and Public

It is recommended that members of the press and public be excluded from the meeting during consideration of the following item(s) of business in accordance with Section 100A(4) of the Local Government Act 1972 on the grounds that it involves the likely disclosure of exempt information as defined in Part 1 of Schedule 12A to the Act and as, in all the circumstances of the case the public interest in disclosing the information.  The nature of the exempt information and the relevant exemption paragraphs are shown in brackets after the report title.

 

Minutes:

RESOLVED    That under Section 100(A) of the Local Government Act 1972, the public be excluded from the meeting during consideration of the following items of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 2 (Identity of an individual) and Paragraph 7 (Criminal Matters) of part 1 of Schedule 12A of that Act and as, in all the circumstances of the case, the public interest in maintaining the exemption under schedule 12A, outweighs the public interest in disclosing the information.

21.

PRIVATE HIRE DRIVER - DETERMINATION OF EXISTING LICENCE: WK/000251234

To consider the report of the Director of Leisure and Environment. (Identity of an individual/criminal matters – paragraphs 2 & 7)

 

Minutes:

Members were asked to consider an existing Private Hire Driver Licence Number WK/000251234, which the Director of Leisure and Environment was mindful of revoking, having regard to the offences on the Driver's DVLA licence. 

 

The Applicant attended the meeting and was interviewed by the Committee, during which he was advised of his right to appeal to the Magistrates Court if he was aggrieved by the decision.

 

RESOLVED: That Private Hire Driver Licence WK/000251234 continue and that a warning letter be sent regarding future conduct and reminding him to disclose any future convictions.

 

(Note: The Officers from the Leisure and Environment Services left the meeting as Members considered their decision in this case)

 

22.

PRIVATE HIRE DRIVER - DETERMINATION OF EXISTING LICENCE: WK/000251286

To consider the report of the Director of Leisure and Environment. (Identity of an individual/criminal matters – paragraphs 2 & 7)

 

Minutes:

Members were asked to consider an existing Private Hire Driver Licence Number WK/000251286, which the Director of Leisure and Environment was mindful of revoking, having regard to the offences on the Driver's DVLA licence. 

 

The Applicant attended the meeting and was interviewed by the Committee, during which he was advised of his right to appeal to the Magistrates Court if he was aggrieved by the decision.

 

RESOLVED: That Private Hire Driver Licence WK/000251286 continue and that a warning letter be sent regarding future conduct and reminding him to disclose any future convictions.

 

 

(Note: The Officers from the Leisure and Environment Services left the meeting as Members considered their decision in this case)