Agenda and minutes

Apologies for absence were received from Councillors Capstick, Duncan and Eales.

(1)  To approve the confidential minutes of the meeting of the Committee held on 11 February 2013, which were deferred at the previous meeting of the Committee to ensure that all Committee Members had received them.

(2)  To approve the minutes of the meeting of the Committee held on 19 March 2013 (copy herewith).

(1)          The confidential (Part 2) minutes of the meeting held on 11 February 2013, which had been deferred at the previous meeting (held on 19 March 2013) to ensure that all Members had received them, were confirmed and signed by the Chair as a true record.

(2)          The minutes of the meeting held on 19 March 2013 were confirmed and signed by the Chair as a true record.

Mr Pasquale Renda, Mr Ian Page, Mr Paul Bruere, Mr Trevor Brown and Mr Ashraf Hussain were granted leave to address the Committee in respect of item 6: Safety Awareness Course.  Mr Aldo Gallone was granted leave to address the Committee in respect of item 7: Street Trading Fees and Consents.

There were none.

There were none.

A Senior Licensing Officer presented a report on the proposed introduction of the Safety Awareness Course for drivers who had been acting illegally.  The report had been deferred at the last meeting of the Committee, held on 19 March 2013, to seek the views of the trade and to give the trade the opportunity to present their views to the Committee.

Mr Pasquale Renda, having been given leave, addressed the Committee to commend the course, which he considered to be excellent.  He asked that the course be extended for a further 6 or 12 months and that the resulting information from the course could then be reported to the Committee.  He stated that he had a friend who was a Private Hire driver who had been “flagging” and who had received a £1,000 fine and 6 points on his licence.  He was aware that his friend had contemplated suicide.  Mr Renda stated that the course would provide a breathing space for any drivers caught acting in this way, whilst maintaining the Council’s duty of keeping the public safe.  He also referred to the high regard drivers and operators had for the Licensing officers.

Mr Ian Page, having been given leave, addressed the Committee, and gave a personal insight into the course.  He had, in a moment of weakness and under financial pressure as costs escalated, picked up two people who had “flagged” him down and been caught.  He had been devastated, having always taken pride in his work and also at the thought of receiving 8 points on his licence and possibly losing his driver’s licence.  He had been relieved to go on the course as an alternative to prosecution.  He stated that many drivers would benefit from the same alternative.  He recommended the Committee to agree to the continuation of the course.  Mr Page also spoke of the excellent service provided by the Licensing Department and the good working relationship with the trade.

In answer to a question, Mr Page considered that drivers committing speeding offences should also have the opportunity of going on the course.

Mr Paul Bruere, having been given leave, addressed the Committee, and spoke to notes on “Prohibiting ‘Flagging’” which he had placed around the table before the start of the meeting.  He stated that the Local Government (Miscellaneous Provisions) Act 1976 required the offence of “flagging” to be prohibited and that the proposal would not do so and would create a two tier system.  He stated that prosecutions had not provided a deterrent to “flagging” as out of 72 prosecutions to September 2012 only 2 Private Hire badges had been permanently revoked.  The Council’s Solicitor stated that if the Magistrates Court imposed a disqualification period on a driver’s DVLA licence then the driver would not be able to drive and subsequently his Private Hire Driver’s licence would have to be surrendered.   With reference to Mr Bruere’s comments about prosecutions and revocations, the Chair referred to a recent incident where the Director of  ...  view the full minutes text for item 6.

A Senior Licensing Officer stated that the Committee had received the results of the consultation regarding the proposed increase in street trading fees and amendments to the Street Trading locations at its meeting on 11 February 2013.  The Committee had agreed to undertake the consultation at its meeting on 11 December 2012.  At the 11 February 2013 meeting the Committee had asked the officers to re-consider the proposed increases and to present a revised report indicating a more phased increase.  All street traders had been notified about the proposed increases and a statutory notice had been placed in the local press and two objections to the proposed increases had been received, from Aldo Gallone and from Keith Hills.

Further analysis was being undertaken by the officers to determine suitable locations and periods of trading for Street Ttrading pitches in the town centre and a report on this issue would be presented to the Committee once the analysis had been completed.

Mr Gallone, having been given leave, addressed the Committee.  He stated that he objected to the proposed increases and would like his site to be considered in line with increases to other sites and based on the Retail Price Index.  This would make transparent any future increases and could be reviewed every 5 years.  He stated that he paid £700 for his pitch now and that this would rise to £2,000+ over 5 years.  He was concerned that any future changes to the Council’s Administration might result in further high increases.  He also stated that he paid business rates but the café in the park did not.  Mr Gallone also wished to object at being moved from the traditional spot he had occupied outside Abington Park for over 80 years, which had affected his trade, and would prefer to stay in his location and have a pitch marked out on the highway.

In answer to questions Mr Gallone stated that he had no objection to paying an increase but wanted a level playing field for all street traders.  He also supported a 5 year rent review.  He would be happy to take the 2003 fees, which had not been increased since that time, and increase retrospectively by the Recommended Price Index. He accepted that there had not been an increase in his fees in 10 years

The Head of Public Protection stated that fees were reviewed annually and Street Trading fees had not been increased since they were introduced in 2003.  The Council was now seeking to bring them up to a realistic level over a 5 year period.  The Senior Licensing Officer stated that activities such as Mr Gallone’s, which were outside the Park, were counted as licensable activities and that those in the Park were managed by leases under the Asset Management functions which were put out to tender.  The fees had to be calculated in differing ways and governed by different legislation. In relation to Street Trading fees, the Council is directed to calculate fees  ...  view the full minutes text for item 7.