Agenda and minutes

The Chair welcomed everyone to the first meeting of the Licensing Committee for the 2015/16 Municipal year.

The Chair also introduced and welcomed Councillor Stuart McKenna who had recently been appointed as a Member of the Licensing Committee and was attending his first meeting of the Committee.

To consider any appeals in accordance with Procedure Rule 15.2 of the Access to Information Procedure Rules (in the event of an Appeal the press and public will be excluded)

(*In accordance with Procedure Rule 15.2, written notice of an appeal must be received by the Head of Governance Services at least 24 hours before the meeting)

There were no appeals against the refusal of the inspection of documents.

RESOLVED – That, in accordance with Regulation 4 of The Local Authorities

(Executive Arrangements) (Meetings and Access to Information) (England)

Regulations 2012, the public be excluded from the meeting during

Consideration of the following parts of the agenda designated as exempt on

the grounds that it is likely, in view of the nature of the business to be

transacted or the nature of the proceedings, that if members of the public

were present there would be disclosure to them of exempt information so

designated as follows:-

Appendix (5) to the report entitled “Digital Advertising Screens in Licensed Vehicles – Presentation of further information and Review of the Licensing Committee recommendations dated 9^th September 2014” as referred to in Minute No.11was designated as exempt under Access to Information Procedure Rule 10.1(a) in order to receive advice from the from the City Solicitor on the proposed conditions to be imposed in relation to the Digital Advertising Screens Policy in Licensed Vehicles.

There were no late items of business submitted

To disclose or draw attention to any disclosable pecuniary interests for the purposes of Section 31 of the Localism Act 2011 and paragraphs 13-16 of the Members’ Code of Conduct.

There were no declarations of Disclosable Pecuniary Interests made at the meeting

Apologies for absence were received from: Councillor Downes, Councillor Selby and Councillor Ogilvie

To approve the minutes of the last meeting held on 8^th April 2015

(Copy attached)

RESOLVED – That the minutes of the previous meeting held on 8^th April 2015 be confirmed as a true and correct record

To consider any matters arising from the minutes

RESOLVED – There were no issues raised under matter arising

To consider the report of the City Solicitor seeking to establish the governance arrangements for the Licensing Committee for the 2015/16 Municipal Year; specifically dealing with the Terms of Reference for the Committee and its Sub-Committees, the Membership of the Sub Committees and the officer delegation scheme

(Report attached)

The City Solicitor submitted a report seeking to establish the governance arrangements for the Licensing Committee for the 2015/16 Municipal Year, namely:

·  To note the terms of reference of the Licensing Committee as agreed at the annual Council meeting on 21^st May 2015.

·  To appoint the five Licensing Sub-Committees for the 2015/16 Municipal year.

·  To approve the Membership of each Sub Committee as set out in Appendix 2 of the submitted report

·  To approve terms of reference for the Licensing Sub-Committees as set out in Appendix 3 of the submitted report.

·  To approve the delegation of licensing functions to the Assistant Chief Executive (Citizens and Communities) as set out in Appendix 4 of the submitted report.

Appended to the report were copies of the following documents:

·  Licensing Committee Terms of Reference (Appendix 1 refers)

·  Membership of each Licensing Sub Committee (Appendix 2 refers)

·  Licensing Sub Committee Terms of Reference (Appendix 3 refers)

·  The delegation Licensing functions to the Assistant Chief Executive (Citizens and Communities) (Appendix 4 refers)

Mary O’Shea, Section Head, Legal Services, presented the report and responded to Members questions and queries

Detailed discussion ensued on the contents of the report which included:

·  Membership of each Licensing Sub Committee

Commenting on the Committee Membership, the Chair reported that there was currently one Labour Group nomination to be confirmed, the matter was with the Chief Whip and confirmation would be provided in the near future.

RESOLVED –

(i)  To note the terms of reference of the Licensing Committee as approved by full Council on 21^st May 2015 as shown at Appendix 1

(ii)  That subject to the current vacancy being filled the five Licensing Sub-Committees hearings required under the 2003 and 2005 Acts be established with the following memberships:

A  Councillors Harland , Downes and Gettings

B  Councillors Dunn, Buckley and G Hussain

C  Councillors Hyde, Townsley and Ogilvie

D  Councillors S McKenna Flynn and Selby

E  Councillors Khan, Wilkinson and (Chief Whip nomination)

(iii)  That approval be given to the terms of reference for the Licensing Sub-Committees as set out in Appendix 3 of the report

(iv)  That approval be given to the delegation of Licensing functions to the Assistant Chief Executive (Citizens and Communities) as shown in Appendix 4 of the report.

To consider a report of the City Solicitor which sets out draft procedure rules relating to hearings and other meetings of the Licensing Committee and sub-committees and to seek Members approval to the adoption of these procedure rules. The report also requests consideration the Code of Practice for the Determination of Licensing Matters previously approved by Standards Committee and to seek Members to approve and resolve to follow the Code.

(Report attached)

  The City Solicitor submitted a report which set out draft procedure   rules relating to hearings and other meetings of the Licensing   Committee and sub-committees and sought the approval of Members    to the adoption of these procedure rules.

  The report also requested consideration the Code of Practice for the   Determination of Licensing Matters previously approved by Standards Committee and to seek Members to approve and resolve to follow   the Code. 

Member’s attention was also directed to the arrangements for the prescribed Member Training on licensing under the provisions of Article 8A of the constitution and the Code of Practice.

RESOLVED –

(i)    That the Licensing Procedure Rules as set out as   Appendix 1 of the report be approved

(ii)    That approval be given to the contents of the Code of   Practice of or the Determination of Licensing Matters as   set out in Appendix 2 of the report and that the   Committee agree to follow the Code

(iii)  To note the arrangements for the prescribed training   programme.

With reference to the meeting of 10^th March 2015 and the decision to defer consideration of this item to allow all parties to receive and consider any new information and determine if any areas of dispute remain. The Head of Licensing and Registration submitted a further report which attempted to address objections to a previous recommendation which imposed a requirement to produce letters of approval from vehicle manufacturers approving digital advertising screens fitted within head restraints in their manufactured vehicles.

(Report attached)

With reference to the meeting of 10^th March 2015 and the decision to defer consideration of this item to allow all parties to receive and consider any new information and determine if any areas of dispute remained.

The Head of Licensing and Registration submitted a further report which attempted to address objections to a previous recommendation which imposed a requirement to produce letters of approval from vehicle manufacturers approving digital advertising screens fitted within head restraints in their manufactured vehicles.

It was reported that it was that condition which had been challenged.

In addressing the report, the Section Head, Taxi and Private Hire Licensing suggested that as a public safety measure and to meet statutory licensing requirements, a condition was imposed that required documentation from vehicle manufacturers to approve the replacement of the manufacturer’s original head restraint with the aftermarket product in question. It was reported that expert opinion had been sought which supported a public safety viewpoint. Section 3.3 of the submitted report referred.

The Chair invited Mr D Crake, Managing Director, Digicab Media Ltd and Mr D Askham, Leeds Private Hire Drivers Association to comment on the report of the Head of Licensing and Registration.

In offering comment Mr Crake reported that the product had been on the market for 2 years and was operational in 7 other Local Authorities throughout the Country. There was currently no case law to support the product was unsafe and to date there were no reported injuries /claims in connection with the product. Mr Crake questioned if the advice been presented to Members was legal and relevant.

Mr Askham suggested there were many other aftermarket devices/ products currently fitted in taxis which were not subject to the same scrutiny, exceptions to the policy could be made.

In responding the Section Head, Taxi and Private Hire Licensing suggested that such devices/products had achieved British Standard accreditation. The Digicab Media product had not been tested.

Members queried how the product had been approved in other Local Authorities.

In responding the Section Head, Taxi and Private Hire Licensing confirmed that product had been approved by other local authorities but, these authorities had not sought evidence that the product was safe. Officers in Leeds had included a condition which required the production of a certificate from the supplier which demonstrated that the product had attained conformity to the principles of UN ECE Reg 25 or was part of the vehicle range which achieved EWVTA with UN ECE Reg 17.

The existing conditions (Leeds City Council) were set out in Appendix No. 5 of the submitted report

Mr Crake, referring to Appendices Nos. 2 & 3 of the submitted report (Conditions imposed by Wakefield and York Councils) said that other local authorities had not required such a condition.

At this point the meeting went into closed session to received advice from the City Solicitor.

RESOLVED – To amend the existing Licensing Conditions to read as follows:

(i)  That paragraphs 3, 4 and 8 be removed

(ii)  ...  view the full minutes text for item 11.

To note the contents of the Licensing Committee Work Programme 2015/16.

(Copy attached)

Members considered the contents of the Licensing Committee Work Programme for 2015/16.

RESOLVED – To approve the contents of the Licensing Committee Work Programme for 2015/16

To note that the next meeting will take place on Tuesday 9^th June 2015 at 10.00am in the Civic Hall, Leeds.

RESOLVED – To note that the next meeting will take place on Tuesday, 9^th June 2015 at 10.00am in the Civic Hall, Leeds.