Agenda and minutes

            The minutes of the meeting held on 15^th May 2013 were taken as read and signed as a correct record.

            The Committee considered an application for an authorisation under the Hypnotism Act 1952 for a performance of hypnotism to take place on 31^st December 2013 at the Mill Brow Social Club in Widnes.

            Under the Hypnotism Act 1952 a performance of hypnotism required an authorisation to be issued by the Council. It was noted that existing delegations within the Council’s constitution do not include the Hypnotism Act 1952 and it was recommended that the delegation be put in place.

            RESOLVED: That

1.    the application be approved; and

2.    the Operational Director Legal and Democratic be authorised to determine applications for authorisations under the Hypnotism Act 52 as amended.

            The Committee received a report which advised that the Scrap Metal Dealers Act 2013 would replace (in addition to other legislation) the Scrap Metal Dealers Act 1964 and the Motor Salvage Operators provisions in the Vehicles (Crime) Act 2001. It was noted that the 2013 Act would be brought into effect from 1^st October 2013. From the date the Act comes into effect the Council was required to set the fees to be charged for the licences and determine applications.

            Members noted that there were 28 registered scrap metal dealers and 4 licensed motor salvage operators operating in Halton. No charges apply for registering scrap metal dealers under the 1964 Act. However charges do apply for licensing as motor salvage operators. Charges will apply under the new legislation to everyone carrying out activities designated under it.

            RESOLVED: That

1.    the Operational Director Legal and Democratic, in consultation with the Chairman of the Regulatory Committee, be authorised with respect to the Scrap Metal Dealers Act 2013 (“the 2013 Act”) to determine the level of fees to be charged by the Council; and

2.    the Operational Director Legal and Democratic be authorised with respect to the 2013 Act to determine applications and take all other actions and decisions under the 2013 Act.

PART II

In this case the Board has a discretion to exclude the press and public and, in view of the nature of the business to be transacted, it is RECOMMENDED that under Section 100A(4) of the Local Government Act 1972, having been satisfied that in all the circumstances of the case the public interest in maintaining the exemption outweighs the public interest in disclosing the information, the press and public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraphs 1 and 3 of Part 1 of Schedule 12A to the Act.

The Board considered:

(1)       whether Members of the press and public should be excluded from the meeting of the Board during consideration of the following item of business in accordance with Sub-Section 4 of Section 100A of the Local Government Act 1972 because it was likely that, in view of the nature of the business to be considered, exempt information would be disclosed, being information defined in Section 100 (1) and paragraph 3 of Schedule 12A of the Local Government Act 1972; and

(2)       whether the disclosure of information was in the public interest, whether any relevant exemptions were applicable and whether, when applying the public interest test and exemptions, the public interest in maintaining the exemption outweighed that in disclosing the information.

            RESOLVED: That as, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information, members of the press and public be excluded from the meeting during consideration of the following items of business in accordance with Sub-Section 4 of Section 100A of the Local Government Act 1972 because it was likely that, in view of the nature of the business, exempt information would be disclosed, being information defined in Section 100 (1) and paragraph 3 of Schedule 12A of the Local Government Act 1972.

            The Committee considered a request for an exemption from age restrictions in respect of a licensed Private Hire Vehicle as set out in the Council’s policy.

            RESOLVED: That the application be refused.