MINUTES OF PUBLIC PROTECTION SUB-COMMITTEE MEETING - 23RD SEPTEMBER 2010

Present:

Councillor Mitchell (in the Chair)

Councillors

Mrs Fowler / Hardy / Haskett / Stansfield

In attendance:

Mrs S Davies, Mr E Rhodes and Mrs P Higson, Resources Directorate
Mr M Marshall and Ms J Harrison, Places Directorate

1. EXCLUSION OF THE PUBLIC

Resolved: That under Section 100 (A) of the Local Government Act 1972, the public be excluded from the meeting during consideration of the whole item, including the decisions referred to, at Agenda items3 and4 on the grounds that it would involve the likely disclosure of exempt information as defined in paragraph1 of Part 1 of Schedule 12A of the Act.

2. DECLARATIONS OF INTEREST

There were no declarations of interest on this occasion.

3. MINUTES OF THE MEETING HELD ON 26TH AUGUST 2010

Resolved: That the minutes of the meeting held on 26th August 2010, be signed by the Chairman as a correct record.

4. HACKNEY CARRIAGE DRIVER’S LICENCE

The Sub-Committee was informed of an application for a Hackney Carriage Driver’s Licence that had given sufficient cause for concern as to be referred to the Sub-Committee for consideration.

Resolved:

1.That the case be heard in the applicant’sabsence.

2. That the application for a Hackney Carriage Driver’s Licence in respect of BS be refused on the grounds that based on the information provided he is not a fit and proper person to hold a licence.

3. That no action be taken to prosecute the applicant for failure to declare a criminal conviction.

Background Papers: Exempt

5. PRIVATE HIRE VEHICLE DRIVER’S LICENCE

The Sub-Committee was informed of an existing driver and an application for a Private Hire Vehicle Driver’s Licence that had given sufficient cause for concern as tobe referred to the Sub-Committee for its consideration.

PC was in attendance at the meeting.

Resolved:

1. That in the case of PC the licence for a Private Hire Vehicle Driver’s Licence be grantedand that no action be taken to prosecute the applicant for failure to declare a criminal conviction.

2. That in the case of ETAC consideration of the case be deferred to a future meeting toenable officersto convey to the driver that theSub-Committee wouldprefer him to be inattendance.

Background Papers: Exempt

6. LIGHTS ON HORSE DRAWN HACKNEY CARRIAGES

The Sub-Committee was informed of concerns relating to the extent to which the Cinderella Carriages were being illuminated and fears that other operators may follow suit.

Part 2.5 of the draft Horse Drawn Hackney Carriage Policy dealt with conditions that should be attached to the Licence and Condition7 dealt with lighting and required that lights should be fitted to the carriage at all times and should be capable of being lit by the driver. The Police advised that displaying white lights around the whole carriage contravened the road trafficlegislation and thatredlights only should be shown to the rear of the carriage. On health and safety grounds the recommendation from the Police was that lighting on all carriages shouldbe restricted to two standard rear position lamps and two standard front position lamps only.

Resolved:

That the proposed condition on lighting be amended to conform with the Police recommendation that lighting on all carriages shouldbe restricted to two standard rear position lamps and two standard front position lamps only between dusk and dawn.

7. HORSE DRAWN HACKNEY CARRIAGE LICENSING POLICY

The Sub-Committee was reminded that at its meeting on 22nd October 2009 it was agreed that a full and thorough consultation take place on all aspects of horse drawn carriage work on the Promenade.

Members had received a copy of the draft policy, prepared by officers following the October 2009 meeting,together with copies of responses to the consultation and letters submitted by Alison Metcalf, Tracey Morris and Elizabeth Clarkson.

The responses had been broadly supportive of the policy with the exception of section 2.2 on Carriage Specification.

Mrs Brown with her legal representative Mr Allanson, was in attendance. Apologies were submitted on behalf of Mrs Metcalf, of the Blackpool Landau Owners Association who was unable to attend as she had been involved in an accident. The Sub-Committee watched a video recording provided by Mrs Metcalf in support of the Association’s objection to the Cinderella Carriages.

Members were afforded the opportunity to view a Cinderella Carriage and a traditional style landau. Mrs Metcalf had submitted an objection that the two carriages were from the same yard and the Landau Owners Association had not been given the opportunity to provide a landau for inspection.On viewing the carriages, Councillors requested that a further traditional style landau be provided as the oneavailable to viewwas of smaller proportions than others on the Promenade. A larger landau was presented for Members to view and was not from the same yard.

Resolved:

1. To recommend to the Licensing Committee, in the first instance, the draft policy as presented subject to the following amendments/inclusions

  • 2.2 Carriage Specification
  • 2.5 Conditions

2. That a separate document be produced for use in conjunction with the policy
whenconsidering whether or not a vehicle is fit for purpose, which should include
reference to when hand signals are not clearly visible that some other form of
signalling,that complies with road safety regulations, must be employed.

Background Papers: None

8. REGISTRATION OF TATTOOISTS

The Sub-Committee considered a report from the Licensing Enforcement Team relating to issues that had arisen in respect of Registered Tattooists.

Members were informed that any person operating a business as a Tattooist must be registered with the Council by virtue of Section 15 of the Local Government (Miscellaneous Provisions) Act 1982. In the last twelve months there had been ten complaints relating to hygiene issues andpoor quality workmanship and at least six complaints relating to the tattooing of a minor. The number of complaints were disproportionately high in relation to the number of Tattooists registered.

The ease with which an operatorcould set up a business with little or no experience and the very few powers available tothe Councilbecausethe registration could only be interfered with by the courts following conviction of an offence under the Byelaws, were issues to consider.

Enforcement officers, Mr Marshall and Ms Harrison, were in attendanceand advised the Sub-Committee on the merits of a stricter policy on registration including an Approved Contractor Scheme.

Resolved:

That the officers besupported in theirefforts to better regulate the tattooing industryand that they produce a draft policy on the registration of Tattooists for consideration by the Sub-Committee at the next meeting.

Background Papers: None

9. DATE OF NEXT MEETING - 21ST OCTOBER 2010

Members noted that the next meeting of the Sub-Committee would take place on 21st October 2010.

Chairman

(The meeting ended at 10:00 am)

Any queries regarding these minutes, please contact:

Pauline Higson,Democratic Services Senior Adviser

Tel:(01253) 477157

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