Agenda and minutes

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 inspection of documents.

There were no items identified where it was considered necessary to exclude the press or public from the meeting due to the confidential nature of the business to be considered.

Although there were no late items identified, the Chair did accept the inclusion of supplementary information in respect of Agenda Item No. 8 - Representation from the Taxi and Private hire Trade (Minute No 9 referred)

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.

To consider apologies for absence (If any)

There were no apologies for absence.

To consider and approve the minutes of the previous meeting held on 3^rd March 2020.

(Copy attached)

Members received the Minutes of the previous meeting held on 3^rd March 2020 for comment/ approval.

RESOLVED – That the Minutes of the previous meeting held on 3^rd March 2020, be accepted as a true and correct record.

Referring to the Licensing Annual Report 2019 (Minute No. 100) – Members sought further clarification about the Clean Air Zone, in particular those drivers who had taken out grants and loans to purchase new lower emission vehicles, to be informed later that introduction of the CAZ was now been delayed, was anything being done to support these drivers.

The Taxi and Private Hire Licensing Manager said that for those vehicle owners who had applied for funding, the Clean Air Team were currently in the process of contacting everyone who had applied. The Council were investigating the possibility of retaining some clean air funding to enable those exempt vehicles to have free vehicle licensing for the duration of the amount of funding secured, possibly 3 years.

It was suggested that anyone considering applying for funding in the future, this would be separate funding, outside the control of Vehicle Licensing. A decision about potential future funding was likely to be known in the next few weeks.

To consider a report by the Chief Officer Elections and Regulatory which

presents the Government’s Call for Evidence on the review of the Gambling Act 2005 and to provide options regarding steer and feedback.

(Report attached)

The Chief Officer Elections and Regulatory submitted a report which informed the Committee of the Government’s intention to review the Gambling Act 2005. Members were informed that a Call for Evidence had been issued with a closing date of 31^st March 2021.

The Principal Licensing Officer informed Members that the response would be co-ordinated by Entertainment Licensing on behalf of the Council with input been sought from the Licensing Committee.

The report put forward a number of options on the best way for Members to provide feedback which included: the establishing of a working group, individual responses by email to the Call for Evidence, feedback on the draft response prepared by officers or a combination of the various options.

In the discussion that followed Members expressed a preference for the option to allow officers to prepare a draft response which would then be circulated to Members to allow an opportunity to comment /provide feedback.

RESOLVED – That the Chief Officer Elections and Regulatory be requested to prepare a draft response to the Call for Evidence, which would then be circulated to Members to allow an opportunity to comment /provide feedback.

To consider a report by the Chief Officer Elections and Regulatory which informs Members of the self-assessment by the council in the new Statutory Guidance for licensing authorities issued by the DfT in July 2020. 

  The report highlights the areas where the new guidance has already been satisfied, where largely satisfied, and where either not met or at odds with the guidance, using a green, amber and red rating for each of the respective categories.

  The report seeks Member views on the proposed response to the consultation and implications for current and planned policy reviews.

(Report attached)

The Chief Officer Elections and Regulatory submitted a report which informed Members of the new Statutory Guidance for licensing authorities issued by the Department for Transport (DfT) in July 2020.

Members were informed that while the guidance does not change the underlying UK law, it provides strong guidance for every licensing authority in England and Wales. The DfT has requested that every licensing authority in the UK report a self-assessment against the guidance.

Addressing the report the Taxi and Private Hire Licensing Manager explained the submitted report represented the Council’s self-assessment against the Statutory Guidance and highlighted the areas where the new guidance had already been satisfied, where largely satisfied, and where either not met or at odds with the guidance, using a green, amber and red rating for each of the respective categories.

Members noted that for a small number of sections of the guidance, the council’s current position either remained short of the standard proposed, or differed significantly from the approach the guidance strongly recommended, the sections referred to included:

·  Decision Making and Regulatory Structure

·  Booking and Dispatch Staff

·  Suspension and Revocation of Drivers Licences

The Chair acknowledged the receipt of representation received from the Taxi and Hackney Carriage Trade (Eurocabs Hackney Carriage Association and JTC).

The representation emphasized the need for the Statutory Guidance to be adopted with particular reference to the “convening of Boards or Sub Committees for licensing decisions and also the uncertainty and accepting punishment without being found guilty”.

Decision Making and the Regulatory Structure – Members were informed that the guidance recommended that councils operate with a Regulatory Committee or Board or Sub Committee that was convened at periodic intervals to determine licensing matters, with individual cases being considered by a panel of elected and suitably trained councillors drawn from a larger Regulatory Committee or Board.

Members queried how often such a Sub Committee would meet.

The Taxi and Private Hire Licensing Manager suggested it may be necessary to convene Sub Committees on a weekly basis, bringing only contentious issues to the Committee.

The Section Head, Legal Services advised that notwithstanding a decision made by the Sub Committee, an applicant would still have a right to appeal through the Magistrates Court.

In the discussion that followed, the majority of Members were of the view that the involvement of a Sub Committee may not improve the situation in deciding individual cases fairly and quickly.

It was suggested that the Licensing Committee undertake a review of the decision making process, which would then be subsequently be applied by officers, supervisors and managers.

Members were supportive of the suggestion.

Booking and Dispatch Staff - Members were informed that the guidance recommended that Licensing Authorities should be satisfied that private hire vehicle operators can demonstrate that all staff that have contact with the public and/or oversee the dispatching of vehicles do not pose a risk to the public. Licensing Authorities should, as a condition of granting an operator licence, require a register of  ...  view the full minutes text for item 9.

Date and time of next meeting to be determined at a later date.

RESOLVED - That the next meeting of the Committee be arranged for March 2021, date and time to be confirmed to Members in due course.