Agenda item

With reference to the meeting of 10^th June 2014 when the above report was considered. To now consider a further report by the Head of Licensing and Registration which provides clarify around issues of inheritance and the possible effects on a business as a consequence of the Proprietor not speaking English.

(Report attached)

With reference to the meeting of 10^th June 2014 when Members deferred consideration of this item in order to seek clarity around issues of inheritance and possible effects on a business as a consequence of the proprietor not speaking English.

The Head of Licensing and Registration submitted a further report providing clarity on the requested issues.

 Appended to the report was a copy of the following documents:

·  Hackney Carriage Proprietors (HCP) – Appropriate Suitability Assessment (10^th June 2014) (Appendix 1 refers)

·  Vehicle Transfer Policy: Who does my Hackney Carriage Licence transfer to in the event of my death (Appendix 2 refers)

Des Broster, Section Head, Taxi and Private Hire Licensing presented the report and responded to Members questions and queries

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

·  The English comprehension requirement

·  Clarity around inheritance issues

·  Possible indirect discrimination

·  Equality Impact Assessment

In offering comment Councillor Selby said that if you have a business you make adequate provision in the event of death. If the policy were to be changed there could be wider implications.

Councillors Buckley and Wilkinson were supportive of Councillor Selby’s comments and suggested that “you would not help people by relaxing the English Comprehension Test”

Councillors Hussain and Khan took the opposite view suggesting that some people/ groups required extra support around English comprehension. Councillor Hussain said if the current policy had a disproportionate effect it could be indirectly discrimination.

Councillor Hyde, referring to recommendation (c) – “The Policy be amended to enable a longer lead on period to attain the English Comprehension requirement for the spouse or partner when they had been included on the Proprietors license” – Suggested that the recommendation should include a specific time period.

Councillor Dunn suggested that clarity around inheritance issues still required addressing including relevance of Power of Attorney.

Councillors Dunn and Hyde queried if it would be sufficient for someone else in the business to meet the English Comprehension requirement for example a driver or manager.

At this point in the meeting Councillor Selby moved that that Recommendation (A) of the submitted report be approved, this was seconded by Councillor Wilkinson

Upon being put to the vote, the motion was lost.

Councillor Hyde moved that determination of the item be deferred in order to allow amendments to recommendation (c) to include a specific time period, this was seconded by Councillor Dunn

Upon being put to the vote the motion was accepted

On a related matter Councillor Khan referred to the minutes of the Hackney Carriage and Private Hire Trade Forums, he was of the opinion that Minutes should have been included on the agenda for meeting of the Licensing Committee

In providing clarification the Head of Licensing and Registration said that the agreed mechanism for circulation of the minutes was via email to all Members of the Licensing Committee.

RESOLVED –

(i)  That determination of the item be deferred in order to allow amendments to recommendation 6 (c) of the submitted report. In rewording recommendation 6(c) to consider all matters including: whether it is appropriate to include a specific time period for the spouse or partner or family member to attain the English Comprehension requirement; inheritance issues including the relevance of Power of Attorney; whether it would be sufficient for another member of the business such as a manager or driver to attain the English Comprehension requirement, and to consider the public sector equality duty and the need for any further equality impact assessment. The report to be brought back to this Committee in due course

(ii)  To note that Minutes of the Hackney Carriage and Private Hire Trade Forums are circulated via email to all Members of the Licensing Committee.