Agenda and minutes

To confirm the minutes of the meeting held on 11 September 2015 as a correct record.

RESOLVED:

            That the minutes of the meeting held on 11 September 2015 be signed by the Chairman as a correct record.

To note any declarations of interest made by members in connection with an agenda item.  The nature of the interest must also be specified.

Members are asked to discuss any possible interests with Democratic Services prior to the meeting.

No declarations of interest were made by members in connection with an agenda item.

To note any issues raised during the public participation period.

Mrs H Owers, Hythe and Dibden Parish Council was in attendance for Minute No. 26.

To consider the relocation of Hythe market, transfer of management and control of Hythe market to Hythe & Dibden Parish Council.

Mrs H Owers, Hythe & Dibden Parish Council, addressed the Committee. She explained that the market traders currently operating in the St John’s Street car park had requested a more central location. A large proportion of the shops in Hythe were independently owned and increasing trade in the village was vital for their future. The Parish Council had been developing Hythe as a visitor destination and the relocation of the Market was part of the long term vision to keep Hythe a vibrant and flourishing town.  The Parish Council had undertaken consultations with residents and the relocation of the market had received public support.

The Committee considered Hythe & Dibden Parish Council’s request to relocate the weekly Tuesday Hythe Market from part of New Forest District Council’s car park at St Johns Street to parts of the High Street, St Johns Street and The Marsh and to transfer management control of the market from the District Council to the Parish Council.

It was noted that the request before the Committee was the first stage in the process of relocating the market, and was a request for the Committee to follow the process for designating certain streets as streets where trading could take place, with the Council’s consent.  

Once a street was designated as a consent street, the Council would have powers to issue consents to traders to trade in that street. The Council could delegate these powers, by entering into a formal agreement to the Parish Council. This would relieve the District Council of the burden of carrying on the operation of a market.

It was noted that both the Portfolio Holders for Finance and Efficiency and Planning and Transportation supported the proposals.

Members supported the recommendations.

RESOLVED:

(a)             That, in accordance with Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982, notice be published in a local newspaper as soon as possible of the Committee’s intention to pass the following draft resolution on 15 January 2016; and

                  “That parts of the High Street, St Johns Street and The Marsh in Hythe, Southampton be designated as consent streets within the meaning of Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982, and that this designation comes into force on 18 February 2016”; and

(b)             That a brief report setting out responses from the public and statutory consultees be brought to the 15 January 2016 Committee meeting. If there are no objections and/or the responses are favourable, that report shall contain the following recommendations:

(i)               That those parts of the High Street, St Johns Street and The Marsh in Hythe shown coloured green on the plan attached as Appendix 2, be designated as consent streets within the meaning of Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982, and that this designation comes into force on 18 February 2016; and

(ii)              That the following recommendations be made to full Council at its meeting on 22 February 2016:

That, subject to an agreement being entered into under the recommendation  ...  view the full minutes text for item 26.

To consider the introduction of charging business for Health and Safety Advice from the Council’s Environmental Health Service.

The Committee considered whether the health and safety advice, given by the Council’s Environmental Health Service to local businesses, should continue to be provided free of charge.

The Environmental Health Manager informed members that other local authorities within Hampshire did not impose charges for health and safety advice.

Some members felt that charging businesses for advice did not reflect the ethos within the Council’s corporate plan of supporting local businesses. They also felt that charging could discourage businesses from seeking advice. Given also the difficulties in calculating and determining an appropriate charging level, it was not considered appropriate to charge for health and safety advice to local businesses at this time. Members requested that officers keep a watching brief on this issue and bring the matter back to the Committee as and when appropriate. 

RESOLVED:

(a)             That charges not be introduced for health and safety advice; and

(b)             That the service keeps this matter under review and brings updates to the Committee as and when necessary.

To consider the impact of the Deregulation Act 2015 on taxi licensing.

The Committee considered the impact of the Deregulation Act 2015 on the taxi licensing.

The Deregulation Act 2015 introduced three changes to taxi licensing. These were that driver licences should last for three years, private hire operator licences should be issued for 5 years and the freedom for a private hire operator to sub-contract a booking across a council boundary. These came into effect on 1 October 2015.

The changes to the duration of licences have meant that changes to fees had become necessary.

In relation to the ability of operators to sub-contract bookings, the Licensing Officer informed members that robust safeguards would remain in place to ensure that drivers were fit and proper persons. The safety of members of the public was vital.

With regard to the setting of the fees, the Council’s accountancy team had undertaken a costing exercise to ensure that the fees were set at a level that accurately reflected the cost of issuing the licence. Members would be given the opportunity to review the fees and charges as part of the budget setting process in January. 

The Committee supported the new fees and licence durations as set out in the report.

RESOLVED:

That subject to no representations being received following the advertisement of the changes to taxi fees, the following be implemented: -

(i)               the licence duration be changed from one to three years for the initial grant of a combined hackney and private hire driver’s licence and the cost of both new and renewal of a three year licence shall be £140;

(ii)              a five year private hire operator’s licence be introduced at a cost of £509, replacing the current one year licence; and

(iii)            where it is deemed necessary to issue a licence for a shorter period than those specified above, the fee of £140 or £509, will not be reduced.

To consider the consultation responses and recommend to the Council the adoption of the Statement of Principles.

The Committee reviewed of the Gambling Act 2005 Statement of Principles.

Section 349 of the Gambling Act 2005 required all Licensing Authorities to produce a three-year Statement of Principles (Gambling Policy). The current policy would expire on 31 January 2016.

Members noted that the draft policy document had been circulated for consultation. Comments had been received from Gosschalks Solicitors and Coral Ltd. Some comments had been taken on board and the draft Statement of Principles had been amended accordingly.

The Committee supported the Statement of Principles, with the recommended amendments.

RECOMMENDED:

That the Statement of Principles (Gambling Policy) for 2016 - 2019 attached as appendix 1, be adopted for implementation on 31 January 2016.