Agenda item

Report of the Director of Public Protection, Streetscene and Community (enclosed)

Background Report that was approved at Licensing and Public Safety Committee on 11 March 2009:  Scheme of Delegation 2009

The Committee received a report that sought to review the scheme of delegation to allow the Director of Public Protection, Streetscene and Community to make the decision to refuse private hire and hackney carriage vehicle renewals or grant applications for new vehicle licences in consultation with the Chair and Vice Chair of Licensing and Public Safety Committee.

The current scheme of delegation was agreed in March 2009 and at present, the Director of Public Protection, Streetscene and Community does not have delegated authority to refuse the granting of either a new vehicle licence or the renewal of an existing vehicle licence. A recent case where a hackney carriage had been presented for renewal and found not to comply with the Council’s Vehicle Conditions had highlighted a need for this to be amended.

It was not considered that such cases are best brought in front of members and that renewals if granted are turned around in a fairly short period of time. The above example is a decision that is primarily a technical one based on vehicle safety and passenger comfort and does not require discretion on the part of the members unlike when considering if a driver is a fit and proper person in light of previous convictions or behaviour. The deferment of any such decision until a Sub Committee can be arranged was not thought to be an efficient way of determining applications either for the trade or the Council.

The report also sought to amend the scheme of delegation to allow officers to revoke a Gambling Premises Licence and the cancellation of licensed premises gaming machine permits issued under the Gambling Act 2005 in respect of the non-payment of an annual fee. This too would need a decision of the full Council in respect of an amendment to the Constitution.

Members noted that Section 193 of the Gambling Act 2005 limits any discretion or decision making for the Licensing Authority in its approach to administering the provision of the Act in this regard, save any administrative error associated with the non-payment of the fee. If the annual fee has not been paid then under the Gambling Act 2005 the licence must be revoked.

The amendment to the scheme of delegation would allow such matters to be dealt with expeditiously and will promote efficient use of both officer and member time.

RESOLVED

That the Licensing and Public Safety Committee recommends to full Council to authorise the Head of Governance and Property Services to amend the current scheme of delegation to allow the Director of Public Protection, Streetscene and Community to make the decision to refuse private hire and hackney carriage vehicle renewals and to refuse to grant applications for new licences in consultation with the Chair/Vice Chair of Licensing and Public Safety Committee.

That the cut-off point for receipt of an application to renew a taxi vehicle licence will be at close of business before the licence expires.

That the Licensing and Public Safety Committee recommends to full Council to amend the Council’s Scheme of Delegation to allow officers to revoke a Gambling Premises Licence and cancel licensed premises gaming machine permits issued under the Gambling Act 2005 in respect of the non-payment of an annual fee.