Agenda and draft minutes

Licensing & Appeals - Wednesday, 21st September, 2022 6.00 pm

Venue: Council Chamber, Town Hall, Bank Road Matlock DE4 3NN

Contact: Democratic Services 

Media

Items
No. Item

134/22

Approval of Minutes of Previous Meeting pdf icon PDF 159 KB

30th June 2022

Minutes:

It was moved by Councillor Colin Swindell, Seconded by Councillor Stuart Lees and

 

RESOLVED

 

That the minutes of the meeting of the Licensing and Appeals Committee held on 30th June 2022 be approved as a correct record.

 

Voting

 

4 For

0 Against

1 Abstention

 

The Chairman declared the motion CARRIED.

135/22

Interests

Members are required to declare the existence and nature of any interests they may have in subsequent agenda items in accordance with the District Council’s Code of Conduct. Those interests are matters that relate to money or that which can be valued in money, affecting the Member, her/his partner, extended family and close friends. Interests that become apparent at a later stage in the proceedings may be declared at the time.

Minutes:

Item 5 – Business and Planning Act 2020 (Pavement Licence) (Coronavirus) (Amendment) Regulations 2022 – Extension to Temporary Pavement Licensing Regime

 

Councillor Stuart Lees declared a non-pecuniary interest in Item 5 due to being the chair of a premises that holds a sitting out licence.

136/22

Public Participation

To enable members of the public to ask questions, express views or present petitions, IF NOTICE HAS BEEN GIVEN, (by telephone, in writing or by email) BY NO LATER THAN 12 NOON OF THE WORKING DAY PRECEDING THE MEETING. As per Procedural Rule 14.4 at any one meeting no person may submit more than 3 questions and no more than 1 such question may be asked on behalf of one organisation.

 

Minutes:

There was no public participation.

137/22

Business and Planning Act 2020 (Pavement Licence) (Coronavirus) (Amendment) Regulations 2022 - Extension to Temporary Pavement Licensing Regime pdf icon PDF 113 KB

This report provides an update on information received from Government in respect of a further extension to the temporary pavement licensing regime. The report explains that on 27th July 2022 the Government introduced the Business and Planning Act 2020 (Pavement Licence) (Coronavirus) (Amendment) Regulations 2022 (“the 22 Regulations”), which includes provisions to extend the expiry date of the temporary pavement licensing regime to 30 September 2023.

Minutes:

The Licensing Manager introduced a report providing an update on information received from Government regarding a further extension to the temporary pavement licensing regime.

 

Members were informed that the temporary licensing regime was first introduced in September 2020, with the implementation of the Business and Planning Act 2020. The aim of the provision was to support various business sectors throughout the pandemic, including the hospitality industry.

 

The temporary provisions enabled businesses operating from premises that were used as public houses, wine bars or other drinking establishments, or other use for the sale of food or drink for consumption on or off the premises, to place removable furniture such as stalls, tables and chairs on the highway outside their premises.

 

The report noted that on the 27th July 2022 the Government introduced the Business and Planning Act 2020 Regulations 2022, which included the provisions to extend the expiry date of the temporary pavement licensing regime to the 30th September 2023.

 

In July 2021, the government extended the power to licensing authorities, to continue to determine applications for temporary pavement licences, until 30 September 2022. It was noted that under the temporary provisions the application fees for applying for a licence can be set by the local authority but must not exceed £100.

 

It was recognised that there were a number of premises that had not yet obtained or applied for a licence and had been operating a pavement café for some year’s pre- 2020 without a pavement café licence which the County Council were responsible for administering. Members were informed that these businesses would be invited to make an application.

 

It was moved by Councillor Colin Swindell, seconded by Councillor Graham Elliott and

 

RESOLVED (Unanimously)

 

1.  That the report be noted, and the extension to the temporary pavement licence regime is implemented, with applications for pavement licences to expire on or before 30 September 2023 being invited from food and drink businesses.

 

2.  That the Committee recommends that the Governance and Resources Committee considers an application fee for a pavement licence, as part of the Council’s annual fees setting report, later this year.

 

The Chairman declared the motion CARRIED.

138/22

Taxis and Private Hire Vehicles (Safeguarding and Road Safety) Act 2022 pdf icon PDF 101 KB

To provide the Committee with a summary of the Taxis and Private Hire Vehicles (Safeguarding and Road Safety) Act 2022, which received Royal Assent on 31 March 2022; and of the implications that this has already, and will have, for taxi licensing authorities in England.

Minutes:

The Licensing Manager introduced a report providing Members with a summary of the Taxis and Private Hire Vehicles Act 2022, which received Royal Assent on 31 March 2022, and of the implications that this has for taxi licensing authorities in England.

 

The report noted that Local Authorities are responsible for licensing taxi (hackney carriage) and private hire drivers, and are therefore responsible, as part of that processs, for ensuring members of the public are safe when travelling in licensed vehicles.

 

Members were informed that from the 31st May 2022, if any licensing authority in England receives information relating to safeguarding or road safety concerns about a taxi or PHV driver licensed by another authority and operating in its area, it must share that information with the authority that issued the driver’s licence.

 

It was noted that any licensing authority provided with such information by another authority must consider whether to suspend or revoke the driver’s licence and inform the authority that shared the information of its decision.

 

It was moved by Councillor Colin Swindell, seconded by Councillor Dawn Greatorex and

 

RESOLVED (Unanimously)

 

1.  That the report be noted.

 

2.  That a process is put in place:

·         To ensure prompt reporting of safeguarding or road safety concerns about drivers licensed by other authorities, to the licensing authority that issued the driver’s licence.

·         To comply with the legal timescales in “the Act”, and any existing obligations under data protection legislation.

 

3.  That any existing system the Licensing Team has in place for inputting data on to a centralised national database, (to record refusals, suspensions and revocations), is reviewed in line with the mandatory requirements of the Regulations to be made by the Secretary of state for Transport.

 

The Chairman declared the motion CARRIED.