Agenda and minutes

The Chair introduced and welcomed Councillors: Hannah Bithell, Ben Garner, J Heselwood and Paul Drinkwater as new Members to the Licensing 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 inspection of documents.

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

There were no late items of business.

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 receive apologies for absence (If any)

Apologies for absence were received from Councillors: N Buckley, B Gettings and K Groves

To consider and approve the minutes of the previous meeting held on 3^rd April 2018.

(Copy attached)

RESOLVED – That the minutes of the previous meeting held on 3^rd April 2018, were accepted as a true and correct record.

To consider any Matters Arising from the Minutes.

There were no issues raised under Matters Arising.

To consider a report of the City Solicitor which seeks to establish the governance arrangements for the Licensing Committee for the 2018/19 Municipal Year; specifically dealing with the Terms of Reference for the Committee and it’s Sub Committees, the membership of the Sub Committees and the Officer Delegation Scheme.

(Report attached)

The City Solicitor submitted a report which sought to establish the governance arrangements for the Licensing Committee for the 2018/19 Municipal Year, namely: specifically dealing with the Terms of Reference for the Committee and its Sub Committees 

·  To note the terms of reference of the Licensing Committee as agreed at the annual Council meeting on 24^th May 2018.

·  To appoint the five Licensing Sub-Committees for the 2018/19 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 Director of Communities and Environment 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 of Licensing functions to the Director of Communities and Environment (Appendix 4 refers)

The 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

·  Amendments to the Licensing Sub Committees Terms of Reference

Referring to paragraph 3.8 of the submitted report Members sought clarification around the quorum for a Sub Committee

In responding the Section Head, Legal Services confirmed that the quorum for a Sub Committee was three, however, in exceptional circumstances a quorum of two was permissible.

RESOLVED –

(i)  To note the terms of reference of the Licensing Committee as approved by full Council on 24^th May 2018 as shown at Appendix 1

(ii)  That the five Licensing Sub-Committees hearings required under the 2003 and 2005 Acts be established with the following Memberships:

A  Councillors: Downes, Gettings and Drinkwater

B  Councillors: Buckley, Groves and B Garner

C  Councillors: Wilkinson, Bithell and J Gibson

D  Councillors: Flynn Garthwaite and Heselwood

E  Councillors: Harland, Harper and Wilkinson

(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)  To approve the delegation of Licensing functions to the Director of Communities and Environment as shown in Appendix 4 of the report.

To consider a report by the City Solicitor which sets out the draft procedure rules relating to hearings and other meetings of the Licensing Committee and it’s Sub Committees and to seek Members approval to the adoption of these procedure rules.

The report also requests consideration of the Code of Practice for Determination of Licensing Matters previously approved by the Standards Committee and seeks 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 meetings and hearings of the Licensing Committee and sub-committees and sought the approval of Members to the adoption of these to govern committee procedure.

The report also requested consideration of the Code of Practice for the Determination of Licensing Matters and requested Members to approve and a resolution to follow the Code. 

RESOLVED –

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

(ii)    To approve and follow the contents of the Code of   Practice for the Determination of Licensing Matters as set   out in Appendix 2 of the submitted report

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

(iv)   To note that once approved “the Code of Practice for the   determination of Licensing Matters” will be brought to the   attention of all Elected Members

To receive a report by the Director of Resources and Housing which advises Members of the timescales for defining the next iteration of the Clean Air Zone to be proposed, the consultation on that and the implementation period that will follow a successful application to government for funding to support this proposal.

  The report further aims to illustrate how the process to ensure that Leeds is compliant with National Air Quality standards requires support from the Licensing Committee and the Taxi and Private Hire trade. Successful engagement with the trade will assist with the development of a business case that will include a submission of a bid for funding to government to assist mitigation of the impacts of the CAZ on this sector through the ‘Clean Air Fund’ (CAF).

(Report attached)

The Director of Resources and Housing submitted a report which provided an update on proposals for a clean air zone.

The report informed Members of the timescales for defining the next iteration of the Clean Air Zone to be proposed, the consultation on that and the implementation period that would follow a successful application to government for funding to support this proposal.

Members noted that the report aimed to illustrate how the process to ensure that Leeds was complaint with National Air Quality standards required support from the Licensing Committee and the Taxi and Private Hire Trade. Successful engagement with the trade would assist with the development of a business case that would include a submission of a bid for funding to government to assist mitigation of the impacts of the CAZ on this sector through the Clean Air Fund (CAF)

Addressing the report the Project Manager, Resources & Housing highlighted the following issues which included:

·  A period of consultation and engagement with key stakeholders across the city was undertaken between 2nd January 2018 and 2^nd March 2018. The responses to that consultation is in the process of review and analysis in order to inform the revised iteration of the Clean Air Zone to be proposed to Executive Board in June 2018. 

·  The actions that will be required to support the implementation of the Clean Air Zone in relation to the taxi and private hire sector and timescales that the Council must work to in order to meet a ministerial direction for submission of the Clean Air Zone business case and implementation of measures to ensure compliance with National Air Quality Standards.

·  Taxi and Private Hire vehicles will be impacted by Clean Air Zones in all named cities, with the emissions from these vehicles determined as being disproportionately high due to the significant mileage travelled by vehicles in this industry.

  Members queried how out of town vehicles would be recognised and charged for entering the clean air zone.

  In responding the Project Manager said vehicle ownership details from a National Database would be able to recognise and recharge out of town vehicles accordingly. It was envisaged that once the clean air zone became operational it would act as a deterrent to vehicles which were non-compliant with air quality standards.

  Reference was made to the provision of electric charging points and queried if the use of lamppost technology was been considered.

  Officers reported that the City of Oxford were carrying out research into various options for the provision of electric vehicles charging points and it was understood that the use of lamppost charging was included. Once the study was complete the information would be shared with other local authorities. In terms of the provision of charging points in Leeds it was reported that up to 28 sites (mainly on council land) had been identified as suitable locations for the installation of rapid charging facilities. 

  Members queried if electric vehicle charging points would be suitable for all electric vehicle types.

  In responding  ...  view the full minutes text for item 11.

To consider a report by the Head of Elections, Licensing and Registration which sets out proposed amendments to the City Council’s Statement of Licensing Policy and seeks approval to release the document for public consultation.

(Report attached)

The Head of Elections, Licensing and Registration submitted a report which set out the proposed amendments to the City Council’s Statement of Licensing Policy and requested approval to release the document for public consultation.

Appended to the report were copies of the following documents:

·  Statement of Licensing Policy 2019 - 2021 (Appendix 1 referred)

·  A summary of the changes to the Licensing Policy (Appendix 2 referred)

·  A completed Equality, Diversity, Cohesion and Integration Assessment and Screening form (Appendix 3 referred)

Addressing the report the Principal Licensing Officer informed Members that under Section 349 of the Gambling Act 2015 the Licensing Authority was required to prepare a statement of principles that they propose to apply in exercising their functions under this act. Members were informed that the process was repeated every 3 years.

Members noted that the intention was to bring back the Statement of Licensing Policy to this Committee in September for determination following public consultation.

RESOLVED – To approve the proposed amendments to the Statement of Licensing Policy and release of the document for public consultation purposes

To receive a report by the Head of elections, Licensing and Registration which makes Members aware of proposed new fees for the Council’s Taxi & Private Hire Licensing function.

(Report attached)

The Head of Elections, Licensing and Registration submitted a report intended to make Members aware of proposed new fees for the Council’s Taxi & Private Hire Licensing function.

Appended to the report was a copy of Leeds City Council Taxi and Private Hire Licensing Fees (Appendix 1 referred)

Addressing the report the Taxi and Private Hire Licensing Manager highlighted the main proposed changes to the fees for 2018/19 which included:

·  Introduction of a non-refundable £30 admin fee to be paid by all applicants to cover administrative and verification work before a licence can be issued. 

·  Application and renewal fees to be slightly increased, e.g. from £120 to £135, but with first application fees remaining slightly higher than renewal fees.

·  The fees for hackney carriage and private hire to be set at an equal level.

·  Fees for 3 year driver licences and 5 year operator licences to be below the cost of renewing each year for 3 or 5 years respectively.

·  New fees for vehicle retests and inspections set at £45.

·  Graded fees for operators depending on the number of drivers.

·  The timetable for advertising and implementing the proposed fees (Subject to consultation) for 2018-19 is shown in section 4.1.2 of the submitted report.

Members queried if the non-refundable £30 admin fee was justified

In responding the Taxi and Private Hire Licensing Manager said the examination of the older vehicles was often time consuming (30 – 45minutes) and it was the view of officers that the proposed fee was set at an appropriate level given the amount of time required for inspection of the vehicle. 

Members queried how drivers from the trade were notified of appointments

The Taxi and Private Hire Licensing Manager said various methods were used: letter, phone call, email and text message.

Members sought clarification on the intention to introduce graded fees for operators depending on the number of drivers they employed.

In responding the Taxi and Private Hire Licensing Manager said this was been introduced to be consistent with neighbouring authorities.

RESOLVED –

(i)  That the contents of the report be noted 

(ii)  That the schedule of new fees be released for consultation purposes

To consider a report by the Head of Elections, Licensing and Registration which informs Members of the initial recommendations of the Driver Conditions Working Group for the review and consultation of Taxi and Private Hire Licensing policies and conditions. 

The report also highlights the likely areas where the Council’s current policies and conditions should be consulted upon and policies updated following receipt of any comments or objections.

(Report attached)

The Head of Elections, Licensing and Registration submitted a report which informed Members of the initial recommendations of the Driver Conditions Working Group for the review and consultation of the Taxi and Private Hire Licensing policies and conditions.

The report also highlighted the likely areas where the Council’s current policies and conditions should be consulted upon and policies updated following receipt of any comments or objections.

Appended to the report were the following documents:

·  The contributors to the Working Group ( Appendix 1 referred)

·  Draft Guidance Note for Drivers (Appendix 2 referred)

·  Draft Guidance Note for Driver Training (Appendix 3 referred)

·  Draft Guidance Note for Windscreen Stickers (Appendix 4 referred)

Addressing the report the Taxi and Private Hire Licensing Manager reported that the Working Group had met on five occasions with the purpose of reviewing driver policies and conditions and to also review its policy on Windscreen Stickers. The report summarised the findings of the Working Group which drew from a wide range of perspectives and experiences.

Referring to the Conduct of Driver guidance Members, sought clarification on the use of mobile telephone, headset or Bluetooth or similar systems suggesting they should not be used (unless in emergency circumstances)

In responding the Taxi and Private Hire Licensing Manager said such systems were a distraction to the driver and that was a potential problem.

Members questioned if the use of dashboard cameras was supported by the Council.

Members were informed that the use of dashboard cameras was supported but very few drivers had them due to the cost of the equipment.

The Chair expressed her thanks and appreciation to Councillor Garthwaite who had acted as Chair throughout the duration of the Working Group meetings.

RESOLVED –

(i)  That the contents of the report and the draft policies and guidance contained in Appendices 2,3 and 4 be noted 

(ii)  That approval be given to release the document for public consultation purposes

To note the contents of the Licensing Committee Work Programme 2018/19.

(Report attached)

Members considered the contents of the Licensing Committee Work Programme for 2018/19.

The Chair made reference to night time patrols of the City Centre and requested if arrangements could be made for Members, in particular new Members to the Committee, to participate in such patrols.

Reference was also made to the Committee’s annual visit to the Leeds Festival site to view the arrangements in place prior to the start of the Festival.

Officers confirmed that in respect of both visits the necessary arrangements would be made and notified to Members in due course.

RESOLVED –

(i)  To approve the contents of the Licensing Committee Work Programme for 2018/19

(ii)  That arrangements be made for Members to join officers on night time patrols of the City Centre and also to view the arrangements in place at the Leeds Festival site.

To note that the next meeting will take place on Tuesday, 3^rd July 2018 at 10.00am in the Civic Hall, Leeds.

RESOLVED – To note that the next meeting will take place on Tuesday, 3rd July 2018 at 10.00am in the Civic Hall, Leeds.