Agenda and minutes

Licensing Committee - Tuesday 8 December 2009 10.00 am

Venue: Council House, Plymouth (next to the Civic Centre)

Contact: Helen Rickman, Democratic Support Officer  Email: helen.rickman@plymouth.gov.uk

Items
No. Item

20.

DECLARATIONS OF INTEREST

Members will be asked to make any declarations of interest in respect of items on this Agenda.

Minutes:

There were no declarations of interest in accordance with the code of conduct.

21.

MINUTES pdf icon PDF 22 KB

To confirm the minutes of the meetings held on the following dates:

 

Licensing Committee Miscellaneous -

 
  • 13 October 2009

 

Licensing Sub Committee (Miscellaneous) -

 
  • 29 September 2009
  • 6 October 2009
  • 13 October 2009
  • 13 October 2009
  • 10 November 2009
  • 18 November 2009

 

Additional documents:

Minutes:

It was resolved that the following minutes be approved as a correct record:

 

13 October 2009

Licensing Committee Miscellaneous

29 September 2009

Licensing Sub Committee

6 October 2009

Licensing Sub Committee

13 October 2009

Licensing Sub Committee

13 October 2009

Licensing Sub Committee

10 November 2009

Licensing Sub Committee

18 November 2009

Licensing Sub Committee

 

22.

CHAIR'S URGENT BUSINESS

To receive reports on business which, in the opinion of the Chair, should be brought forward for urgent consideration.

Minutes:

The Senior Lawyer informed the Committee that there were three items of chair’s urgent business to be considered by the Committee regarding the draft consultation on Pedlars Laws, preliminary measures to be considered over the Christmas period for emergency Licensing Committee meetings and attendance at 11 December 09 Licensing Sub Committee.

 

It was highlighted that the Licensing Department had received its first Expedited Review, a procedure used by the Police in order to urgently bring matters to the Licensing Sub Committee in order for interim measures to be added to a premises licence. Expedited Reviews must be carried out within 48 hours of the application therefore it was emphasized that Members may be called upon over the Christmas close down period if an application was received; four Members must be made available in order to ensure that the meeting was quorate. The Senior Lawyer confirmed that a fourth Member was also required for the Expedited Review which was due to take place on 11 December.

 

The City Centre Street Operations Manager provided the Committee with information upon the Pedlars law and informed the committee that –

 

(i)

a consultation document regarding the potential to update Pedlar laws was being drafted;

 

(ii)

the current Pedlars Act was out-dated and difficult to enforce;

 

(iii)

it would be beneficial to allow the Local Authority to manage pedlars under street trading regulations;

 

(iv)

a national Pedlars database had the ability to track down Pedlars and their offences;

 

(v)

over the Christmas and holiday period Plymouth experienced an increase in problems regarding pedlars;

 

(vi)

the Police had supported the Council in requesting information from pedlars such as the means they took in transporting and displaying their goods;

 

(vii)

pedlars were moving back into popular positions having been moved on by officers as they preferred to stay in high population areas;

 

(viii)

she had received complaints from local businesses in the area regarding pedlars positioning themselves near doorways;

 

(ix)

it was important for the Committee to voice their opinions upon the Pedlars Act however it was highlighted that possible changes may not come into fruition until 2015.

 

In response to questions raised it was reported that –

 

(x)

the City Centre Street Operations Manager felt that an act of parliament had to be appropriated in order to make a designated trading area;

 

(xi)

Nottinghamshire had introduced their own Pedlars Act however it was not known if it was a Business Improvement District city; it was highlighted that it was expensive to introduce legislation;

 

(xii)

Big Issue sellers were not licensed as they were given designated areas to work in, were monitored by CCTV, followed a strict code of conduct and had an assigned PCSO;

 

(xiii)

the current Pedlars law could be easily misinterpreted;

 

(xiv)

large trolleys were likely to be in breach of the Highways Act;

 

(xv)

Trading Standards could be called if it was considered that illegitimate trading was taking place;

 

(xvi)

it would be difficult to gain access to criminal records  ...  view the full minutes text for item 22.

23.

INFORMATION REGARDING DELEGATED DECISIONS FOR APPLICATIONS FOR THE GRANT/VARIATION OF PREMISES LICENCES AND CLUB PREMISES CERTIFICATES. pdf icon PDF 9 KB

Minutes:

The Senior Licensing Officer provided the committee with an update on information regarding delegated decisions for applications for the grant/variation of premises licences and club premises certificates.

 

The committee noted the report and congratulated the Senior Licensing Officer on the positive results contained within it.

24.

EXEMPT BUSINESS

To consider passing a resolution under Section 100A(4) of the Local Government Act 1972 to exclude the press and public from the meeting for the following item(s) of business on the grounds that it (they) involve(s) the likely disclosure of exempt information as defined in paragraph(s) 3 and 7 of Part 1 of Schedule 12A of the Act, as amended by the Freedom of Information Act 2000.

Minutes:

There were no items of exempt business.

25.

MINUTES (CONFIDENTIAL) (E3 AND E7)

The committee will be asked to confirm the confidential minutes of the meeting held on 18 November 2009.

Minutes:

Resolved that the minutes of the meeting held on 18 November 2009 be approved as a correct record.