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Licensing, Health and Safety and General Purposes Committee

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LICENSING, HEALTH AND SAFETY AND GENERAL PURPOSES COMMITTEE

 (1)  The Committee shall exercise the following functions:

A  Highways Functions

1. Power to create footpath or bridleway or restricted byway by agreement.

Section 25 of the Highways Act 1980.

2. Power to create footpaths and bridleways and restricted byways.

Section 26 of the Highways Act 1980.

3. Duty to keep register of information with respect to maps, statements and declarations.

Section 31A of the Highways Act 1980.

4. Power to stop up footpaths and bridleways and restricted byways.

Section 118 of the Highways Act 1980.

5. Power to determine application for public path extinguishment order.

Sections 118ZA and 118C(2) of the Highways Act 1980.

6. Power to make a rail crossing extinguishment order.

Section 118A of the Highways Act 1980.

7. Power to make a special extinguishment order.

Section 118B of the Highways Act 1980.

8. Power to divert footpaths and bridleways and restricted byways.

Section 119 of the Highways Act 1980.

9. Power to make a public path diversion order.

Sections 119ZA and 119C(4) of the Highways Act 1980.

10. Power to make a rail crossing diversion order.

Section 119A of the Highways Act 1980.

11. Power to make a special diversion order.

Section 119B of the Highways Act 1980.

12. Power to require applicant for order to enter into agreement.

Section 119C(3) of the Highways Act 1980.

13. Power to make an SSSI diversion order.

Section 119D of the Highways Act 1980.

14. Duty to keep register with respect to applications under sections 118ZA, 118C, 119ZA and 119C of the Highways Act 1980.

Section 121B of the Highways Act 1980.

15. Power to decline to determine certain applications.

Section 121C of the Highways Act 1980.

16. Duty to assert and protect the rights of the public to use and enjoyment of highways.

Section 130 of the Highways Act 1980.

17. Duty to serve notice of proposed action in relation to obstruction.

Section 130A of the Highways Act 1980.

18. Power to apply for variation of order under section 130B of the Highways Act 1980.

Section 130B(7) of the Highways Act 1980.

19. Power to authorise temporary disturbance of surface of footpath or bridleway or restricted byway.

Section 135 of the Highways Act 1980.

20. Power temporarily to divert footpath or bridleway or restricted byway.

Section 135A of the Highways Act 1980.

21. Functions relating to the making good of damage and the removal of obstructions.

Section 135B of the Highways Act 1980.

22. Powers relating to the removal of things so deposited on highways as to be a nuisance.

Section 149 of the Highways Act 1980.

23. Power to extinguish certain public rights of way.

Section 32 of the Acquisition of Land Act 1981

24. Duty to keep definitive map and statement under review.

Section 53 of the Wildlife and Countryside Act 1981

25. Power to include modifications in other orders.

Section 53A of the Wildlife and Countryside Act 1981.

26. Duty to keep register of prescribed information with respect to applications under section 53(5) of the Wildlife and Countryside Act 1981.

Section 53B of the Wildlife and Countryside Act 1981.

27. Power to prepare map and statement by way of consolidation of definitive map and statement.

Section 57A of the Wildlife and Countryside Act 1981.

28. Power to designate footpath as cycle track.

Section 3 of the Cycle Tracks Act 1984

29. Power to extinguish public right of way over land acquired for clearance.

Section 294 of the Housing Act 1981

30. Power to enter into agreements with respect to means of access.

Section 35 of the Countryside and Rights of Way Act 2000.

 

31. Power to provide access in absence of agreement.

Section 37 of the Countryside and Rights of Way Act 2000.

32. Power to permit deposit of builder’s skip on highway.

Section 139 of the Highways Act 1980.

33.  Duty to publish notice in respect of proposal to grant permission under section 115E of the Highways Act 1980.

Section 115G of the Highways Act 1980.

34. Power to license planting, retention and maintenance of trees, etc. in part of highway.

Section 142 of the Highways Act 1980.

35. Power to authorise erection of stiles, etc. on footpaths or bridleways.

Section 147 of the Highways Act 1980.

36. Power to license works in relation to buildings, etc. which obstruct the highway.

Section 169 of the Highways Act 1980.

37. Power to consent to temporary deposits or excavations in streets.

Section 171 of the Highways Act 1980.

38. Power to dispense with obligation to erect hoarding or fence.

Section 172 of the Highways Act 1980.

39. Power to restrict the placing of rails, beams, etc. over highways.

Section 178 of the Highways Act 1980.

40. Power to consent to construction of cellars, etc. under street.

Section 179 of the Highways Act 1980.

41. Power to consent to making of openings into cellars, etc. under streets and pavements lights and ventilators

Section 180 of the Highways Act 1980

 

42. Power to register common land or town or village greens, except where the power is exercisable solely for the purpose of giving effect to:

Regulation 6 of the Commons Registration (New Land) Regulations 1969

 

(a)  an exchange of lands effected by an order under section 19(3) of, or paragraph 6(4) of Schedule 3 to the Acquisition of Land Act 1981 or an order under section 147 of the Inclosure Act

 

 

43. Power to register variation of rights of common.

Regulation 29 of the Commons Registration (General) Regulations 1966 (S.I. 1966/1471)

 

44. Power to grant permission for provision, etc of services, amenities, recreation and refreshment facilities on highway, and related powers.

Sections 115E, 115F and 115K of the Highways Act 1980.

 

45. To approve the making of Gating Orders.

Section 129A of the Highways Act 1980.

 

 

 

B. Licensing and registration functions

1. Power to issue licences authorising the use of land as a caravan site ("site licences").

Section 3(3) of the Caravan Sites and Control of Development Act 1960.

2. Power to license the use of moveable dwellings and camping sites.

Section 269(1) of the Public Health Act 1936.

3. Power to license hackney carriages and private hire vehicles.



(a) as to hackney carriages, the Town Police Clauses Act, as extended by section 171 of the Public Health Act 1875, and section 15 of the Transport Act 1985; and sections 47, 57, 58, 60 and 79 of the Local Government (Miscellaneous Provisions) Act 1976;

(b) as to private hire vehicles, sections 48, 57, 58, 60 and 79 of the Local Government (Miscellaneous Provisions) Act 1976.

4. Power to license drivers of hackney carriages and private hire vehicles.

Sections 51, 53, 54, 59, 61 and 79 of the Local Government (Miscellaneous Provisions) Act 1976.

5. Power to license operators of hackney carriages and private hire vehicles.

Sections 55 to 58, 62 and 79 of the Local Government (Miscellaneous Provisions) Act 1976.

6. Power to appoint and revoke Hackney Carriage stands on the highway and on non-adopted roads (with consent) for part of or the whole day to include the number of Hackney Carriages permitted on a stand and times of usage.

Section 63 of the Local Government (Miscellaneous Provisions) Act 1976

7. Power to license sex establishments.

The Local Government (Miscellaneous Provisions) Act 1982,

8. Power to license performances of hypnotism.

The Hypnotism Act 1952.

9. Power to license premises for acupuncture, tattooing, ear-piercing and electrolysis.

Sections 13 to 17 of the Local Government (Miscellaneous Provisions) Act 1982.

10. Power to license pleasure boats and pleasure vessels.

Section 94 of the Public Health Acts Amendment Act 1907.

11. Power to license market and street trading.

Part III of, and Schedule 4 to, the Local Government (Miscellaneous Provisions) Act 1982.

12. Duty to keep list of persons entitled to sell non-medicinal poisons.

Sections 3(1)(b)(ii), 5, 6 and 11 of the Poisons Act 1972.

13. Power to license dealers in game and the killing and selling of game.

Sections 5, 6, 17, 18 and 21 to 23 of the Game Act 1831; sections 2 to 16 of the Game Licensing Act 1860, section 4 of the Customs and Inland Revenue Act 1883, sections 12(3) and 27 of the Local Government Act 1874, and section 213 of the Local Government Act 1972.

14. Power of register and license premises for the preparation of food.

Section 19 of the Food Safety Act 1990.

15. Power to license scrap yards.

Section 1 of the Scrap Metal Dealers Act 1964.

16. Power to issue, amend or replace safety certificates (whether general or special) for sports grounds.

The Safety of Sports Grounds Act 1975

17. Power to issue, cancel, amend or replace safety certificates for regulated stands at sports grounds.

Part III of the Fire Safety and Safety of Places of Sport Act 1987.

18. Power to issue fire certificates.

Section 5 of the Fire Precautions Act 1971.

19. Power to license premises for the breeding of dogs.

Section 1 of the Breeding of Dogs Act 1973 and section 1 of the Breeding and Sale of Dogs (Welfare) Act 1999.

20. Power to license pet shops and other establishments where animals are bred or kept for the purposes of carrying on a business.

Section 1 of the Pet Animals Act 1951; section 1 of the Animal Boarding Establishments Act 1963; the Riding Establishments Acts 1964 and 1970; section 1 of the Breeding of Dogs Act 1973, and sections 1 and 8 of the Breeding and Sale of Dogs (Welfare) Act 1999.

21. Power to register animal trainers and exhibitors.

Section 1 of the Performing Animals (Regulation) Act 1925.

22. Power to license zoos.

Section 1 of the Zoo Licensing Act 1981.

23. Power to license dangerous wild animals.

Section 1 of the Dangerous Wild Animals Act 1976.

24. Power to license knackers' yards.


Section 4 of the Slaughterhouses Act 1974. See also the Animal By-Products Order 1999 (S.I. 1999/646).

25. Power to license the employment of children.


Part II of the Children and Young Persons Act 1933, bylaws made under that Part, and Part II of the Children and Young Persons Act 1963.

26. Power to approve premises for the solemnisation of marriages.

The Marriage Act 1949 and the Marriages (Approved Premises) Regulations 1995.

27. Power to license persons to collect for charitable and other causes.

Section 5 of the Police, Factories etc. (Miscellaneous Provisions) Act 1916 and section 2 of the House to House Collections Act 1939.


28. Power to grant consent for the operation of a loudspeaker.

Schedule 2 to the Noise and Statutory Nuisance Act 1993.

29. Power to grant a street works licence.

Section 50 of the New Roads and Street Works Act 1991.

30. Power to issue licences for the movement of pigs.

Article 12 of the Pigs (Records, Identification and Movement) Order 1995 (S.I. 1995/11).

31. Power to license the sale of pigs.

Article 13 of the Pigs (Records, Identification and Movement) Order 1995.

32. Power to license collecting centres for the movement of pigs.

Article 14 of the Pigs (Records, Identification and Movement) Order 1995.

33. Power to issue a licence to move cattle from a market.

Article 5(2) of the Cattle Identification Regulations 1998 (S.I. 1998/871).

34. Power to sanction use of parts of buildings for storage of celluloid.

Section 1 of the Celluloid and Cinematograph Film Act 1922.

35. Power to approve meat product premises.

Regulations 4 and 5 of the Meat Products (Hygiene) Regulations 1994 (S.I. 1994/3082)

36. Power to approve premises for the production of minced meat or meat preparations.

Regulation 4 of the Minced Meat and Meat Preparations (Hygiene) Regulations 1995 (S.I. 1995/3205).

37. Power to approve dairy establishments.

Regulations 6 and 7 of the Dairy Products (Hygiene) Regulations 1995 (S.I. 1995/1086)

38. Power to approve egg product establishments.

Regulation 5 of the Egg Products Regulations 1993 (S.I. 1993/1520).

39. Power to issue licences to retail butchers' shops carrying out commercial operations in relation to unwrapped raw meat and selling or supplying both raw meat and ready-to-eat foods.

Schedule 1A to the Food Safety (General Food Hygiene) Regulations 1995 (S.I. 1995/1763)

40. Power to approve fish products premises.


Regulation 24 of the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998 (S.I. 1998/994).

41. Power to approve dispatch or purification centres.

Regulation 11 of the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998.

42. Power to register fishing vessels on board which shrimps or molluscs are cooked.

Regulation 21 of the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998.

43. Power to approve factory vessels and fishery product establishments.

Regulation 24 of the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998.

44. Power to register auction and wholesale markets.

Regulation 26 of the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998.

45. Duty to keep register of food business premises.

Regulation 5 of the Food Premises (Registration) Regulations 1991 (S.I. 1991/2828).

46. Power to register food business premises.

Regulation 9 of the Food Premises (Registration) Regulations 1991.

47.  Power to make an order identifying a place as a designated public place for the purposes of police powers in relation to alcohol consumption.

Section 13(2) of the Criminal Justice and Police Act 2001.

 

  (2)  Service of an abatement Notice in respect of a statutory nuisance.

  (3)  Inspection of the area to detect a statutory nuisance.

  (4)  Obtaining particulars of persons interested in land under Section 16 Local Government (Miscellaneous Provisions) Act 1976.

  (5)  To hear appeals against decisions made by officers carrying out delegated licensing functions.

  (6)  All the functions in relation to Health and Safety set out in Part C of Schedule 1 to the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 (as amended) (“the Functions Regulations”) namely relating to health and safety under any relevant statutory provision within the meaning of Part 1 of the Health and Safety at Work Act 1974 to the extent that those functions are discharged otherwise than those that relate to the Council’s capacity as employer.

  (7)  To designate unsocial drinking zones under the Local Authorities (Alcohol Consumption in public places) Regulations 2001.

  (8)  Power to make closing orders for take-away food shops under (Section 4 of the Local Government (Miscellaneous Provisions) Act 1982.

  (9)  Functions relating to elections set out in Part D of Schedule 1 of the Functions Regulations as amended from time to time.

  (10)  Power to consider and make recommendations to the Council on matters relating to the name and status of the Borough and individuals and bylaws and to promote or oppose Parliamentary Bills.

  (11)   Enforcement of the provisions relating to smoke-free legislation under the Health Act 2006, including powers to:

 

·  enforce offences relating to the display of no-smoking signs (section 6(5));

·  enforce offences relating to smoking in smoke-free places (section 7(4));

·  enforce offence of failing to prevent smoking in smoke-free places(section 8(4));

·  transfer enforcement functions to another enforcement authority under the Smoke-free (Premises and Enforcement) Regulations 2006.

 

  (12)  To have responsibility for Sea Fisheries matters.

 

  (13)  To deal with any other non-Executive functions not reserved to Council by law or this Constitution or delegated to any other committee, sub- committee or officer.