To receive and sign the Minutes of the Regulation Committee held on 13 January 2010.

(previously circulated)

RESOLVED

that the Minutes of the meeting held on 13 January 2010 be confirmed and signed by the Chairman as a correct record.

To receive any announcements from the Chairman and any matters of communication.

None.

To receive petitions in accordance with the scheme of public participation as set out in Annex 2 of Part A4 of the Constitution.

The Chairman announced that no petitions had been referred to this meeting.

To deal with general questions and statements from members of the public in accordance with the scheme of public participation set out in Appendix 1 to Part A4 of the Constitution.

No applications had been received in accordance with the Scheme of Public Participation set out in Paragraph I of the Scheme of Public Participation set out in Annex I to Part 4 of the Constitution.

To consider whether to pass a resolution under section 100A of the Local Government Act 1972 to exclude the Press and Public from the meeting for the following item of business on the grounds that the consideration of the item is likely to involve the disclosure of exempt information as defined in Paragraph 1 of Part 1 of Schedule 12A of the Act.

The Committee resolved to exclude the press and public from the remainder of the meeting under Section 100A of the Local Government Act 1972 on the grounds that the consideration of the items of business would involve the disclosure of exempt information as defined in Paragraph 1 of Part I of Schedule 12A of the Act.

A copy of the statement of policy about relevant convictions is attached to assist Members in relation to items 9 and 10.

The Committee were advised that the Statement of Policy about Relevant Convictions was attached to the agenda for information and guidance at item 7.

To make a decision on the application to grant a combined Hackney Carriage / Private Hire Driver’s Licence to Mr Sayed Javed Hashimi.

The Committee received and considered the report of the Licensing Officer concerning an application for grant of a Hackney Carriage / Private Hire Driver’s Licence in respect of Mr S J Hashimi.

A copy of the application form and supporting documents were attached as an appendix for Members information.

The applicant attended the meeting and made representations in support of the application.

In accordance with the procedures for hearings held in private, the applicant, Team Leader Public Protection and Licensing Officer were asked to withdraw whilst the Committee made their decision.  Following which all who had withdrawn were recalled to hear the decision.

RESOLVED

that the application for a new Hackney Carriage / Private Hire Driver’s Licence for Mr S J Hashimi be granted in this case, subject to the applicant being reminded of his responsibilities to comply with the conditions of the licence and that the Council has powers under the Local Government (Miscellaneous Provisions) Act 1976 to revoke the licence at any time and that any further convictions could seriously affect continuation or renewal of the licence.  Lastly Mr Hashimi had to submit a medical certificate prior to the licence being issued.

The Committee agreed to defer consideration of the application to grant a Hackney Carriage Driver’s Licence to Mr S Visanji, following his non-appearance at Committee.  Mr Visanji had notified Officers that he was out of the country and would not be able to attend.

RESOLVED

that consideration of the application for a Hackney Carriage Driver’s Licence / Private Hire Driver’s Licence for Mr N Visanji be deferred to the next meeting of the Regulation Committee.

The Committee received and considered the report of the Licensing Officer concerning an application for renewal of a Private Hire Driver’s Licence in respect of Mr P Kennedy.

A copy of the application form and supporting documents were attached as an appendix for Members information.

The applicant attended the meeting and made representations in support of the application.

In accordance with the procedures for hearings held in private, the applicant, Team Leader Public Protection and Licensing Officer were asked to withdraw whilst the Committee made their decision.  Following which all who had withdrawn were recalled to hear the decision.

RESOLVED

that the application for a Private Hire Driver’s Licence for Mr P Kennedy be renewed in this case, subject to the applicant being reminded of his responsibilities to comply with the conditions of the licence and that the Council has powers under the Local Government (Miscellaneous Provisions) Act 1976 to revoke the licence at any time and that any further convictions could seriously affect continuation or renewal of the licence. 

To make a decision on the application to renew a Hackney Carriage Drivers Licence in respect of Mr Nazik Sabir.

The Committee agreed to defer consideration of the application to renew a Hackney Carriage Driver’s Licence to Mr N Sabir, following his non-appearance at Committee.  Mr Sabir had notified Officers that he was on a course which had been re-scheduled to the same day as Committee and he could not miss the course.

RESOLVED

that consideration of the application for a Hackney Carriage Driver’s Licence for Mr N Sabir be deferred to the next meeting of the Regulation Committee.

RESOLVED

that the Committee resolved to re-admit the press and public for the remainder of the meeting.

The report proposes that the Health and Safety (as a Regulator) Service Plan 2010 – 2011 be endorsed and recommended to Executive for approval.  The Health and Safety Service Plan, which sets out the Health and Safety Enforcement activities to be undertaken by Central Bedfordshire Council, is a mandatory requirement of the Health and Safety at Work etc. Act 1974.

The Committee received and considered the report of the Director of Sustainable Communities which requested the Committee to endorse the Health and Safety (as a Regulator) Service Plan 2010 – 11 (a copy of which was appended to the report) and forward any comments to the Executive for consideration.  The Committee was advised that the Health and Safety Service Plan was a mandatory requirement by the Health and Safety Executive (HSE) which set out the Health and Safety Enforcement activities to be undertaken by Central Bedfordshire Council.

The report was presented by an Environmental Health officer who answered the Members’ questions on various aspects of the service plan.

The Committee was pleased to endorse the Plan but expressed concern at the lack of financial information provided from the Finance area.  It was agreed that the Executive should be asked to help ascertain the missing information.

RESOLVED

The report proposes the adoption of the requirements necessary to obtain hackney carriage and private hire licences.

The Committee considered the report of the Director of Sustainable Communities which proposed the adoption of the requirements necessary to obtain hackney carriage and private hire licences.

Following consultation and taking into account the views of the trade, the Regulation committee met on 13 January 2010 and adopted the new policies and conditions for hackney carriage and private hire matters which take effect on 1 April 2010.

The Committee were asked to consider the draft application forms and guidance notes attached at appendices a – c to the above report.  It was agreed that minor changes when required by legislative changes would be made by Officers as and when required.

Members did ask for one minor change to the forms which was the inclusion of a box which states “complete a separate paper if more room required”.

RESOLVED

that the various requirements to obtain a Hackney Carriage or Private Hire Licence as set out in the Application Forms and Guidance notes subject to the inclusion of the additional wording above, be approved for:-

(a)       A Private Hire Operators Licence and renewal

(b)       A Hackney Carriage or Private Hire Vehicle Licence

(c)       A Combined Hackney Carriage / Private Hire Driver Licence.

The report proposes to inform the Regulation Committee of an application received for a Designation Order in Sandy and the process by which the Order will be made.

The Committee received and considered the report of the Director of Corporate Resources advising of the progress and further steps required for a designation order in Sandy.  The report further sought authorisation to proceed with appointing three members to act as a panel to review the Alcohol Designation Order and determine the appropriate area for public consultation and that subject to the comments and decision of the panel Members authorisation for the Assistant Director of Legal and Democratic Services to undertake the necessary public consultation.

The Committee appointed three Members to meet as a panel to review the Alcohol Designation Order and determine the appropriate area for public consultation as follows:-

Cllrs: I Dalgarno, T Green and L Birt.  In addition it was the wish of the Committee that Cllr Aldis, who is a substitute member of the Regulation Committee, be invited to attend any meetings as a Ward Representative.

RESOLVED

The report proposes to inform the Regulation Committee of the progress made in the making of the Alcohol Designation Order to restrict anti-social drinking in public places in Arlesey & Shefford.

The Committee received and considered the report of the Director of Corporate Resources which informed of the progress made in the making of the Alcohol Designation Order to restrict anti-social drinking in public places in Arlesey and Stotfold.

At the 14 October 2009 meeting, the Committee appointed three Members to review the Alcohol Designation Order and to determine the appropriate area for public consultation in Arlesey and three Members to review the Alcohol Designation Order and to determine the appropriate area for public consultation in Shefford.

Both proposed areas were in the final stages of public consultation.  On 13 February 2010 adverts were placed inviting comments.  The Committee were asked to approve the Orders subject to any comments being received.

The Principal Solicitor confirmed that two letters of objection had been received for the Arlesey review but they were deemed to be extreme by the Panel.

RESOLVED