Agenda and minutes

At this point in the meeting, Members are asked to declare:

·        any personal interests not included on the Register of Interests

·        any prejudicial interests or

·        any disclosable pecuniary interests

which they may have in respect of business on this agenda.

Members were asked to declare any personal interests not included on the Register of Interests, any prejudicial interests or any disclosable pecuniary interests which they may have in respect of business on the agenda.  None were declared.

To approve and sign the minutes of the meeting held on 25 April 2016.

Resolved:  That the minutes of the meeting held on 25 April 2016 be approved and signed as a correct record.

At this point in the meeting members of the public who have registered their wish to speak regarding an item on the agenda or an issue within the Committee’s remit can do so.  The deadline for registering is 5:00 pm on Friday 8 July 2016.

Filming or Recording Meetings

Residents are welcome to photograph, film or record Councillors and Officers at all meetings open to the press and public. This includes the use of social media reporting, i.e. tweeting.  Anyone wishing to film, record or take photos at any public meeting should contact the Democracy Officer (whose contact details are at the foot of this agenda) in advance of the meeting.

The Council’s protocol on Webcasting, Filming & Recording of Meetings ensures that these practices are carried out in a manner both respectful to the conduct of the meeting and all those present.  It can be viewed at https://www.york.gov.uk/downloads/file/6453/protocol_for_webcasting_filming_and_recording_council_meetingspdf

It was reported that there had been no registrations to speak at the meeting under the Council’s Public Participation Scheme.

This report seeks members’ approval for the Policies and Procedures, and Terms of Reference for the Safety at Sports Advisory Group.

Members considered a report that sought their approval for the Policies and Procedures, and Terms of Reference for the Safety at Sports Advisory Group. 

Members’ attention was drawn to the function and membership of the Safety Advisory Group (SAG).  Although there was no statutory requirement for local authorities to set policies and procedures, and terms of reference for their SAG, this was a best practice recommendation from the Sports Grounds Safety Authority.  The proposed Policies and Procedures were included as Annex 1 to the report and the Terms of Reference were included as Annex 2.

Members expressed their disappointment that there had been no responses to the consultation that had taken place on the Policies and Procedures and the Terms of Reference. Officers explained that the documents had been discussed at the SAG meetings and there had been no adverse comments.

Discussion took place regarding the differing safety requirements for sporting events and the factors that had to be considered when putting in place the relevant safety certificates, including equalities issues.

Members considered the following options:

Option 1:    Approve the Policies and Procedures, and Terms of Reference

Option 2:    Approve the Policies and Procedures, and Terms of Reference with alternative wording agreed by Members

Option 3:    Take no further action

Resolved:  That the Policies and Procedures, and Terms of Reference (Annex 1 and Annex 2 of the report) be approved.

Reason:     To assist the Council in its statutory duty under the Safety of Sports Grounds Act 1975 (as amended) and Fire Safety and Safety of Places of Sport Act 1987.

This report seeks Members’ support to amend the scheme of delegation in relation to enforcement powers under the Town Police Clauses Act 1847 and the Local Government (Miscellaneous Provisions) Act 1976, and recommend to Full Council the approval of these amendments

Members considered a report which sought their support to amend the scheme of delegation in relation to enforcement powers under the Town Police Clauses Act 1847 and the Local Government (Miscellaneous Provisions) Act 1976, and recommend to Full Council the approval of these amendments.

Members noted that Licensing Officers had been working with the licensing services of the Combined Authority (West Yorkshire Authorities and City of York Council) to establish some common licensing standards and processes. Members’ attention was also drawn to the relevant provisions relating to taxi licensing in the Deregulation Act 2015 which came into force on 1 October 2015 and which allowed for a licensed private hire operator to sub-contract a private hire journey from within one licensed authority area to another licensed operator who may be based anywhere in England and Wales.  Members noted that private hire sub-contracting presented significant difficulties for the Council in conducting its enforcement activities, and potentially to the public in terms of service standards and safety, as detailed in paragraph 15 of the report.  Officers were informed that the issue was particular evident on race days. 

The proposed cross authority delegation of taxi and private hire licensing enforcement functions was intended to tackle these concerns.  Initially it was proposed that the cross authority delegations would only apply to the West Yorkshire authorities although, if this proved to be successful, discussions could be entered into with North Yorkshire to ascertain if they wished to consider the same arrangement.

Members noted that the current functions delegated to licensing officers in City of York Council were set out in the Council’s Delegation Scheme under Section 3 of the Constitution.  The proposal was for City of York Council Licensing Officers to retain the sub-delegation of these functions but the same functions would also be delegated to the West Yorkshire authorities.  Only the enforcement functions would be delegated and each authority would retain the ability to grant and renew licenses.  Other authorities’ enforcement powers would be delegated to City of York Council.  Officers clarified that it would be the home authority that would take the enforcement action and which would incur the associated costs.  The authority within which the alleged offence had taken place would provide the relevant evidence to the home authority.

Members queried whether there was parity in the standards required by the West Yorkshire authorities.  Officers stated that there had been some differences in vehicle standards and a common set of standards had been agreed to enable a shared checklist to be drafted.  Members were informed that the West Yorkshire authorities had already agreed to their participation in the scheme.

Members considered the following options:

Option 1:    Support the amendments to the scheme of delegation in relation to hackney carriage and private hire enforcement powers.

Option 2:    Refuse the request to amend the scheme of delegation

Recommended: That the amendments to the scheme of delegation in relation to hackney carriage and private hire enforcement powers be approved.

Reason:              This will allow the Council  ...  view the full minutes text for item 5.

This report seeks Members’ recommendation to Full Council to amend the Special Policy,  within the Statement of Licensing Policy, relating to Saturation and Cumulative Impact.  This follows a consultation on the proposed amendments that were at  the request of North Yorkshire Police.

Members considered a report which sought their approval to recommend to Full Council an amendment to the Special Policy within the Statement of Licensing Policy which related to the Saturation and Cumulative Impact.  The proposed amendment had been made at the request of North Yorkshire Police.  Officers gave details of the consultation that had been carried out and drew attention to the responses that had been received.

Members noted that the proposed amendment related to the wording of points 5, 6 and 7 of the existing policy as it was believed that variations had as much impact within the Special Policy Area as the grant of a new licence and/or certificate.  The proposed change would read:

“5. The following variations are considered to be material:

·        Change in style of operation

·        Physical extension of the premises that increases capacity

·        Extension of hours of operation

Therefore, there will be a presumption to refuse such applications, where relevant representations are received unless the applicant can rebut the presumption that the granting of such a variation would undermine the licensing objectives.”

Members considered the following options:

Option 1:    Recommend to Full Council that the Special Policy on Saturation and Cumulative Impact is amended, as detailed in paragraph 14 of the report.

Option 2:    Recommend to Full Council that the Special Policy on Saturation and Cumulative Impact is amended with alternative wording agreed by Members.

Option 3:    Take no further action

Members expressed their support for the proposed change.

Recommended: That the Special Policy relating to Saturation and Cumulative Impact, as detailed above, be approved.

Reason:              To assist with the effective implementation of the Licensing Act 2003 in the city and contribute to the reduction of alcohol related crime and disorder in the city centre.