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

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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

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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

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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 david.king@hart.gov.uk

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