Agenda and minutes

Apologies for absence were received from Councillors Gubb, Tucker and Wilkinson.

RESOLVED, that the minutes of the meeting held on 4^th December 2018 (circulated previously) be approved as a correct record and signed by the Chairman.

(Please complete the relevant form or telephone the Corporate and Community Services team to prepare a form for your signature before the meeting.  Interest must be re-declared when the item is called, and Councillors must leave the room if necessary).

There were no declarations of interest announced.

Report by Public Protection Manager.  (Attached).

The Committee considered a report by the Public Protection Manager (circulated previously) regarding proposed amendments to dangerous wild animal and zoo licensing fees.

The Public Protection Manager advised that following the approval of revised fees under the Animal Welfare (Licensing of Activities involving Animals) (England) Regulations 2018; the fees for dangerous wild animal and zoo licences were now disproportionately low and did not allow the Council to adequately recover costs. The structure of the fees currently in place did also not reflect the recent case of Hemmings v Westminster City Council and the report suggested a new part A and part B fee breakdown.

She referred the Committee to appendix A of the report, which gave a detailed breakdown of the figures using the principles of Hemmings v Westminster City Council. The proposed fees were calculated in two parts, A and B. Part A covered the direct costs associated with processing an application, with part B to be paid following the grant of a licence covered the ongoing costs associated with running the licensing function. There was also a condition that the licence would not be operational until the part B fee had been received.

She explained the fee breakdown of the new proposed fees and added that there were no licences for dangerous wild animals in place at the current time. However, there were three licensed zoos within the North Devon area. These were Ilfracombe Aquarium, Combe Martin Wildlife and Dinosaur Park and Exmoor Zoo. She added that in calculating the fees, consideration had been given to zoos with and without dispensation. Section 14 of the Zoo Licensing Act 1981 provided the Secretary of State with powers to relax the requirements of the Act for a small zoo or one exhibiting only a small number of different kinds of animals.

In response to a question, she advised that if a business was sold the licence was transferrable under some circumstances.

RESOLVED:

(a)               the Licensing Committee considered the draft fees for zoo licences and licences for keeping dangerous wild animals at Appendix One;

(b)               that the Public Protection Manager consult the licensed community (three licensed zoo premises) and others by way of the Council’s website, given that the proposed increases were substantial. Members noted that the figures provided in respect of the necessary tasks required were conservative and officer rates with on-costs were fixed. As such the response of the consultees only had a limited impact, given the rigid formula for the calculation of fees. A possible suggestion from the licensed community was that some level of fee subsidy be imposed whilst fees were increased more incrementally over a set period. Members further noted that there was sufficient time to consult zoo licence-holders. The next zoo licence-holder anticipated to apply for renewal was likely to make their application between September and December 2019 and therefore consultation would not impact on the Council’s ability to recover costs, if fees were to be increased; and

(c)                that the Public Protection Manager report  ...  view the full minutes text for item 40.

Report by Licensing Service Lead.  (Attached).

The Chairman welcomed Mr Lethbridge (Licensed Taxi Driver) to the Committee.

The Members agreed to allow Mr Lethbridge addressed the Committee.

The Committee considered a report by the Licensing Service Lead (circulated previously) regarding the North Devon Council Hackney Carriage Tariff.

The Licensing Service Lead advised that the report sought to review North Devon Council’s Authorised Maximum Fares for licensed Hackney Carriages.

He explained that a request, which included a petition was received on 23^rd October 2018 for a review of the hackney carriage tariff from a member

the hackney carriage trade subsequent to the last review. A

summary of the points outlined in the request were as follows:

a) The request to increase maximum allowed fare to £3 lift off and £3 for

    the running mile on basic was because costs had caught up with the drivers

    who were full time, obviously part timers who only come out at prime times   

    were difficult to speak to.

b) The last two rises were on the lift off only and nothing on the running

     mile where the bulk of expenses were felt, result was those drivers

     working the town centre average journey being three quarters of a

     mile which works out taking an average of 30mpg 20 trips per gallon

     which makes a rise of £2 per gallon.

c) Where as those looking after tourists travelling to various holiday

    resorts, which were roughly 30 miles per round trip only get 10p per

    gallon.

d) The last rise was a reduction in distance of one quarter of a mile

    which was a rise of 62p per trip, town drivers get £12.40 per gallon.

e) Again those drivers working with tourists get 62p per gallon, which

    obviously did not cover one fuel rise per litre let alone all the rises

    since 1999, plus large jump in cost of tyres (a set about £450 from

    £100) insurance had also increased dramatically, and a service for a

    vehicle was between £300 and £400, at the last rise on running mile fuel

    was under 90p and was now average £1.30 per litre.

f) There was also a large amount of hackney vehicles working for private hire

   companies and using the ranks as walk on offices.

He added that the price of unleaded 95 octane fuel, which was taken from the south west average AA figures had increased by 14.6 pence per litre and the price of diesel had increased by 24.1 pence per litre in the period from April 2016, when the tariff was last approved, to December 2018.

He explained that figures published in the January 2019 edition of the Private hire and Taxi magazine indicated that North Devon was the third highest ranked fare at £6.55 for a two mile journey in Devon. Torridge was ranked the highest in Devon at number forty eight with £6.62 and Mid Devon ranked the lowest at number two hundred and fourteen with £5.70. The current two mile journey was twenty nine pence higher than  ...  view the full minutes text for item 41.

To consider and adopt the minutes of the following meeting(s) to approve the minutes as correct records and signed by the Chairman of each Sub-Committee:

Licensing Sub-Committee A: 17^th December 2018.

RESOLVED, that the minutes of the following Licensing Sub-Committee (circulated previously) be approved as a correct record and signed by the Chairman of the Sub-Committee:

(a)   Licensing Sub-Committee A: 17^th December 2018.

To consider the Licensing Committee work programme 2018/19.  (Attached).

The Committee considered the work programme (circulated previously).

RESOLVED, that the work programme be noted.