Agenda and minutes

Licensing and Regulatory Committee - Tuesday, 29th September, 2015 9.30 am

Venue: Committee Rooms 2 and 3 - Council House. View directions

Contact: Carolyn Sinclair  Tel: 024 7683 3166

Items
No. Item

33.

Declarations of Interest

Minutes:

Councillor Thay declared an ‘other relevant interest’ in the matter the subject of Minute 45(a) below headed “Application for Grant of a Hackney Carriage Licence” by reason of the fact that the applicant was known to him. He withdrew from the meeting during consideration of the item.

 

34.

Minutes pdf icon PDF 57 KB

To agree the minutes of the Committee meeting held on 25 August and the Sub-Committee hearing held on 24 August 2015.

Additional documents:

Minutes:

(a)  The minutes of the Committee meeting held on 25 August 2015 were signed as a true record.

 

(b)  The minutes of the Sub-committee meeting held on 24 August 2015 were signed as a true record subject to an amendment to the list of attendees to reflect that Councillor Mutton attended the meeting in place of Councillor Galliers.

35.

Exclusion of Press and Public

To consider whether to exclude the press and public for the items of private business for the reasons shown in the reports.

Minutes:

RESOLVED that, under Section I004(A) of the Local Government Act 1972, the public be excluded from the meeting for the items of business indicated below, on the grounds that those items involve the likely disclosure of exempt information and that there would be no public interest in disclosing that information, as defined in Schedule 12A of that Act, in particular those paragraphs of Part 1 of that Schedule as indicated:

 

Minute no.

Subject

Relevant

Paragraphs of Part 1

of Schedule 12A

 

39

Counterfeit Speakers

7

40

False Statements and non-payment for scrap vehicles

7

41

Harassment and illegal eviction

7

42

Illegal tobacco goods

7

43

Non-compliance with a formal notice under the Housing Act 2004

7

44

Non-compliance with a formal notice under the Prevention of Damage by Pests Act (4)

7

45

Applications for the Grant/Suitability to hold Hackney Carriage & Private Hire Drivers' Licences

1 and 3

 

36.

Outstanding Issues Report

There are no outstanding issues to report.

Minutes:

There were no outstanding issues.

37.

Objection to Hackney Carriage and Private Hire Licensing Fee Review 2015 - Three yearly drivers' licences & five-yearly private hire operators' licences pdf icon PDF 174 KB

Report of the Executive Director of Place.

Minutes:

The Committee considered a report of the Executive Director of Place introducing the restructure of some fees for Hackney Carriage and Private Hire licensing. 

 

The Deregulation Act 2015 required local authorities to generally issue drivers’ licences for a three-year period and private hire operators’ licences for a five-year period.  The City Council subsequently decided to adjust and re-structure some of the fees for hackney carriage and private hire licensing.

 

The City Council advertised fee increases on 27 August for introduction on 1 October 2015, subject to objections. One objection had been received and the detail of this objection was set out in the report and considered by the Committee.

 

RESOLVED that the Committee:

 

(1)  Overrule the objection at Appendix B of the report for the reasons given.  The objector would be informed accordingly.

 

(2)  Approve the introduction of the proposed fee changes as advertised.

38.

Any other items of public business which the Chair decides to take as matters of urgency because of the special circumstances involved

Minutes:

There were no other items of public business.

Private Business

39.

Counterfeit speakers and headphones

Minutes:

RESOLVED that, having considered a report of the Executive Director of Place, the Council Solicitor be authorised to institute legal proceedings under the Trade Marks Act 1994 in respect of the alleged sale of counterfeit speakers and headphones at or by Mass Mobiles, 617 Stoney Stanton Road, Coventry, CV6 5GA.

 

In addition it was agreed to delegate powers to the Assistant Director (Streetscene and Greenspace) to authorise legal proceedings for any further offences which may come to light before the case under consideration has been resolved in court.

40.

False Statements - and Non-Payment for Scrap Vehicles

Minutes:

RESOLVED that, having considered a report of the Executive Director of Place, the Council Solicitor be authorised to institute legal proceedings under the Fraud Act 2006 and Companies Act 2006 against Mr G Randino, 515 Woodway Lane, Coventry, CV2 2AG, in respect of the alleged false statements and failure to pay consumers who had sold their vehicles to him for scrap.

 

In addition it was agreed to delegate powers to the Assistant Director (Streetscene and Greenspace) to authorise legal proceedings for any further offences which may come to light before the case under consideration has been resolved in court

41.

Harassment and Illegal Eviction

Minutes:

RESOLVED that, having considered a report of the Executive Director of Place, the Council Solicitor be authorised to institute legal proceedings under the Eviction Act 1977 against Ms Lynne Burnham in respect of the alleged illegal eviction at 18 Rowcroft Road, Coventry, CV2 2BN.

 

In addition it was agreed to delegate powers to the Assistant Director (Streetscene and Greenspace) to authorise legal proceedings for any further offences which may come to light before the case under consideration has been resolved in court

42.

Illegal tobacco goods

Minutes:

RESOLVED that, having considered a report of the Executive Director of Place, the Council Solicitor be authorised to institute legal proceedings under the Consumer Protection Act 1987 against appropriate persons in respect of the alleged possession of illegal tobacco goods seized at European Foods, 98 Clay Lane, Coventry, CV2 4LN .

 

In addition it was agreed to delegate powers to the Assistant Director (Streetscene and Greenspace) to authorise legal proceedings for any further offences which may come to light before the case under consideration has been resolved in court

43.

Non-compliance with a formal notice under the Housing Act 2004 (HA1)

Minutes:

This item was withdrawn from the agenda.

44.

Non-compliance with a Formal Notice under the Prevention of Damage by Pests Act (4)

Minutes:

RESOLVED that, having considered a report of the Executive Director of Place, the Council Solicitor be authorised to institute legal proceedings under the Prevention of Damage by Pests Act 1949 against Curtis James Moyle, 165 Canley Road, Coventry, CV5 6AS in respect of the alleged non-compliance with a formal notice issued under the above Act.

 

In addition it was agreed to delegate powers to the Assistant Director (Streetscene and Greenspace) to authorise legal proceedings for any further offences which may come to light before the case under consideration has been resolved in court

45.

Applications for the Grant/Suitability to hold Hackney Carriage & Private Hire Drivers' Licences

Minutes:

RESOLVED that having considered the circumstances set out in the reports of the Executive Director of Place now submitted:

 

(a)  The application for the grant of a Hackney Carriage Driver’s Licence by Mr Jaspal Singh Gill be refused.

 

(NOTE: Mr J S Gill  attended the meeting in support of his application)

 

(b)  Consideration of the application for the grant of a Hackney Carriage Driver’s Licence by Mr Kulvinder Singh Longia be deferred to a future meeting to afford him a further opportunity to attend.

 

(c)  The application for the renewal of a Hackney Carriage Driver’s Licence by Mr Shamrez Rasool be granted and suspended for one month.

 

(NOTE: Mr Rasool  attended the meeting in support of his application)

 

(d)  The application for a review of a Hackney Carriage Driver’s Licence by Mr Ahmadullah Saqib be granted and suspended for three months.

 

(NOTE: Mr Saqib attended the meeting in support of his application)

 

The Committee also agreed the following:

 

(e)  For future applications where reported incidents have been captured on CCTV, officers are requested to advise applicants that they (the applicant) may request CCTV footage which they can then make available to the Committee to assist in the consideration of their application.

 

(f)  That, at the next Taxi Liaison Meeting, the Chair and appropriate officers raise the matter of concern discussed at the meeting in respect of taxi drivers refusing to transport those members of the

46.

Any other items of private business which the Chair decides to take as matters of urgency because of the special circumstances involved