Minutes of the Meeting Held on Wednesday, 22Nd July 2015 at Worksop Town Hall

LICENSING COMMITTEE

Minutes of the meeting held on Wednesday, 22nd July 2015 at Worksop Town Hall

Present:Councillor J Potts (Chair)

Councillors J R Anderson, B A Bowles, H M Brand, G Clarkson, K M Greaves, G Jones, D Merryweather, D Potts, K Sutton and C Troop.

Officers in attendance: C Crossland, S Fitzgerald, A Webster and K Wood.

Also present:R Sidley – Personnel Checks (Agenda Item No. 6(a) only).

(Meeting opened at 6.30pm.)

(The Chairwelcomed all to the meetingand read out the Fire Alarm/Evacuation Procedure. She also enquired as to whether any member of the public wished to film/record the meeting or any part thereof; however no one responded.)

10.APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillor S Isard.

11.DECLARATIONS OF INTEREST BY MEMBERS AND OFFICERS

(a)Members

Councillor J R Anderson declared a Disclosable Pecuniary Interest with regard to Agenda Item 6(d), Exemption from DVSA Taxi Diver Test; he left the meeting during the Item.

Councillor G Clarkson declared a non-pecuniary interest with regard to Agenda Item 6(d), Exemption from DVSA Taxi Driver Test; he remained in the meeting.

(b)Officers

There were no declarations by officers.

12.MINUTES OF THE MEETING HELD ON 17TH JUNE2015

RESOLVED that the Minutes of the meeting held on 17th June 2015 be approved.

13.MINUTES FOR ACTION

It was noted thatall relevant amendments have been made by Licensing Officers.

In relation to Minute No. 6(e) – Sex Establishments Policy and Procedure – the consultation response will be presented to the meeting in September.

RESOLVED that the Minutes for Action be received.

14.OUTSTANDING MINUTES LIST

It was noted that in relation to Minute No. 33(b) – Installation of CCTV in Hackney Carriages/Private Hire Vehicles –the Council is watching how the issue develops at Rotherham Metropolitan Borough Council and Members will be updated at the meeting in September.

RESOLVEDthat the Outstanding Minutes List be received.

SECTION A – ITEMS FOR DISCUSSION IN PUBLIC

Key Decisions

None.

Other Decisions

15.REPORT(S) OF THE PRINCIPAL SOLICITOR (LICENSING AND REGULATORY)

(a)Hackney Carriage and Private Hire Drivers DBS and DVLA Checks

Members were asked to consider changing the way in which applicants and drivers who are renewing Combined Hackney Carriage/ Private Hire Vehicle Licences obtain certificates that they have completed the relevant checks. A period of public consultation would be undertaken and a report be presented to the next meeting.

The Principal Solicitor (Licensing and Regulatory) informed Members of typographical errors in report. An error was also noted in the recommendation. The recommendation should read:

To go to a period of public consultation with Drivers of Hackney Carriage and Private Hire Vehicles, Operators of Private Hire Vehicles and Owners of Hackney Carriages to invite comments from such persons on the proposal that certificates be obtained from Personnel Checks.

Checks are conducted to determine that the applicant is a ‘fit and proper person’ to hold the licence. The checks are currently administered by Licensing Enforcement Officers and can be a time consuming process. The Licensing Department submit all applications to DBS (Disclosure and Barring Service) and DVLA via paper as this is currently the only option available. The Council has experienced delays in receiving responses of up to six weeks.

Enquires were made with other local authorities who confirmed they use external companies to process checks online. Personnel Checks specialises in processing criminal record checks.

Online checks would reduce the turnaround time to process an application. The time saved by officers in administration could be used proactively and for enforcement. As part of the process, the Post Office ID Checking Service would be used to verify documents. There would be a one- off cost of £395 to the Council for website development. The Principal Solicitor clarified the cost of the document checking service has now increased to £8.75. There would be an increased cost of £27.75 for the applicant.

R Sidley advised that the Personnel Checksprocess andturn applications around very quickly with an average time of 7–10 days. The company works with a number of local authorities. There are benefits for applicants/drivers and also the Council. From the Council’s perspective, less time would be spent on administration. The system would also run a series of notifications to drivers to let them know when their licence is due for renewal.

In response to questions raised, the Principal Solicitor advised that applicants will still have to complete the Council’s paper application form and attend an appointment with a Licensing Officer to view their certificates and references. Work is being carried out to overhaul the Licensing page on the website and a direct link to Personnel Checks will be added. The Personnel Checks webpage will be tailored to the Council’s needs.

In relation to security, R Sidley explained that the company has secure storage on their servers and would be required to sign an agreement with the Council to outline their responsibilities. There is not a set time period for the contract but there may a notice period.

(During this item, the meeting was adjourned for two minutes due to noise disturbance outside the building.)

The Principal Solicitor thanked R Sidley for his attendance.

RESOLVED that a period of public consultation with Drivers of Hackney Carriage and Private Hire Vehicles, Operators of Private Hire Vehicles and Owners of Hackney Carriages be carried out to invite comments from such persons on the proposal that certificates are obtained from Personnel Checks.

(b)Hackney Carriage and Private Hire Drivers Medicals

Members were asked to consider using one organisation to conduct all medicals, on behalf of the Council, for all Hackney Carriage/ Private Hire Vehicle Drivers or potential drivers. A period of public consultation would be undertaken and a report be presented to the next meeting.

It is a mandatory requirement that taxi licence applicants pass a medical examination before a licence is granted. In line with DVLA guidance a medical would need to be undertaken again at the age of 45, 50, 55, 60 and 65. If a driver is over the age of 65, a medical will need to be undertaken annually.

Currently, applicants can obtain a confirmation of fitness to drive from any medical practitioner. The Council’s Licensing Department has received a worrying number of enquiries from GPs in relation to the standard required. The Department has also received confirmation that the drivers are fit to drive on scraps of paper from GPs which have to be returned, therefore increasing the officers’ workload.

Medigold Health are an occupational health provider used by a number of other local authorities to undertake driver and potential driver medical assessments. The benefits would be that every driver would be tested to the same standard and complete a standard form. There would be a cost to the driver of £75. If drivers used Medigold’s NottinghamCentre, the fee would be paid to directly to them; if the Council chose to use another centre the fee would be paid to the Council to transfer the money.

Members commented that it would be good to take a consistent approach.

(c)Proposed Hackney Carriage Fare Increase

Members were presented with a report to consider response to the consultation in relation to the proposed increase in hackney carriage fares.

A request had been received with regard to increasing the Hackney Carriage Table of Fares. At the meeting in March, Members resolved to undertake a period of consultation and responses to the consultation were contained within the report.

Mr Grafton’s comments were received after the consultation period had closed due to his email failing to send. Members were advised that they must decide what weight to give the comments.

Mr Rayner made proposals to introduce a multi-tier fare system. Members were advised that if they were inclined to go for this option, a further period of consultation with those affected would be advisable as this would be a overhaul of the full charging regime in the Bassetlaw District.

A summary of the proposals and impact of the increases was contained within the report. The Scale of Fees was last increased in 2011. If Members were minded to increase the fares, the proposed increase would be advertised in the local press and any responses received would be reported back to Members before implementation of any increase.

Members asked questions/raised issues in relation to:

How the soiling charge can be enforced.
Impact on customers in the current economic climate.
If there is any benefit to the Council.
The Scale of Fees at other local authorities.

RESOLVED that:

No increase be made to Tariff 1 and the tariff be reviewed in twelve months’ time.
No increase be made to the waiting time.
Tariff 2 to remain commencing at midnight
The soiling charge be increased to £75.

(Councillor J Anderson left the meeting at this point.)

(d)Exemption from DVSA Taxi Driver Test

Members were asked to give consideration to making an exemption from those applying for a Combined Hackney Carriage/ Private Hire Vehicle Licence from taking the DVSA Taxi Driver Test.

An enquiry has been made as to whether a driver who holds a Driver Certificate of Professional Competence (CPC) would be exempt from taking the DVSA Taxi Driver Test. It was explained to Members that the Driver Certificate of Professional Competence exceeds that of the DVSA Taxi Driver Test.

The CPC initial qualification has four parts and, once granted, 35 hours of periodic training must be undertaken every five years. The checks to determine that the applicant is a ‘fit and proper person’ to hold the licence would still be carried out.

Some Members raised concerns in relation to consistency and continuity.

RESOLVED that applicants for a Combined Hackney Carriage/ Private Hire Vehicle Drivers Licence can provide a valid Driver Certificate of Professional Competence Car with their application to be exempt from providing proof that they have completed and passed the DVSA Taxi Driver Test.

(Councillor J Anderson re-joined the meeting at this point.)

(e)Roadside Catering Prosecutions

Members were asked to give consideration to a decision of the Licensing Panel dating back to March 1999 where it was resolved that any potential enforcement action for Roadside Catering on designated roads be deferred until the Department of the Environment and the Regions (now the Department of Transport) has completed the Traffic Regulation Order. At the meeting in March 1999, it was also resolved to work towards the removal of all trading by “freezing out” existing traders and not permitting new ones.

It appears that following the resolutions no further action was taken and the Licensing Department is unable to grant any new consent for Street Trading or take enforcement action. If the Council granted new consents this would generate additional income.

RESOLVED that:

The Principal Solicitor enter into consultation with :

(i)Planning Department at Bassetlaw District Council

(ii)Highways at Nottingham County Council

(iii)Department for Transport

(iv)Environmental Health at Bassetlaw District Council

(v)Highways England

(vi)A1+ (Management Company for A1)

To no longer defer any enforcement action under the current policy as resolved by the Licensing Panel of Bassetlaw District Council on 10 March 1999.

16.ANY OTHER BUSINESS WHICH THE CHAIRMAN CONSIDERS TO BE URGENT.

(a)Deregulation Act 2015

Members were advised that the Act becomes law on 1st October 2015 and makes a number of changes relating to Hackney Carriage and Private Hire Vehicles in relation to duration of licences and subcontracting.

The Act will make the default position for a grant of a Combined Hackney Carriage/Private Hire Vehicle Drivers Licence three years and the grant of an Operator’s Licence five years. The Council currently offers Drivers Licences for period of one year, two years or three years. An applicant will still be able to apply for a shorter licence period but the Council needs to make clear the default position in the Act of three years for drivers and five years for operators.

In terms of Operator Licences, the Council currently offers a three year licence. From 1st October 2015 a five year option will need to be made available to comply with the Act.

Once the fee for a five year Private Hire Vehicle Operators Licence has been calculated it will need to be advertised for 28 days. A report will be presented to the next meeting for final approval and to consider any responses received.

The Act also allows Private Hire Operators who have accepted a booking in one District to pass to another operator to fulfil, whether in the same District or not. The implications are that they may not be subject to the same powers of enforcement as local vehicles.

RESOLVED that:

Delegated authority be granted to the Principal Solicitor (Licensing and Regulatory) to:

(i)Calculate a fee for a five year Private Hire Vehicle Licence.

(ii)To advertise the fee calculated in accordance with paragraph 6.1.1 as specified in Local Government (Miscellaneous Provisions) Act 1976.

The Principal Solicitor report back to Members at the Committee in September 2015 for final approval of the fees and consider any response in relation to the advertisement.
The following be made available to applicants:

(i)1 year, 2 year and 3 years Drivers Licences (at the current rates of charges as determined by Licensing Committee on 14th January 2015 and as detailed at paragraph 5.5).

(ii)3 year Private Hire Vehicle Operators Licence (at the current rates of charges as determined by Licensing Committee on 14th January 2015 and as detailed at paragraph 5.5).

17.LOCAL GOVERNMENT (ACCESS TO INFORMATION) ACT 1985

RESOLVED that, in accordance with Part 1 of Schedule 12A of the Local Government Act 1972, and after considering the public interest test as set out by the officer in the body of the report, Members agreed that the following items of business involved the likely disclosure of exempt information as defined in Paragraphs 1 and 3, and therefore, in accordance with Section 100A of the Act, the press and public be excluded from the meeting:

Agenda Item No. 7(a) – Private Hire Application for Exemption from Displaying PHV Plates/Door Signs - Paragraph 3

Agenda Item No. 7(b) –Request for Permission to Display Advertisements on Hackney Carriage and Private Hire Vehicles – Paragraph 3

Agenda Item No. 7(c) – Request for Permission to Display Advertisements on Hackney Carriage and Private Hire Vehicles – Paragraph 3

Agenda Item No. 7(d) – Application to Revoke a Combined Hackney Carriage/ Private Hire Driver’s Licence – Paragraph 1

SECTION B – ITEMS FOR DISCUSSION IN PRIVATE

Key Decisions

None.

Other Decisions

18.CHANGE OF AGENDA ORDER

Members were advised of a change of Agenda order to facilitate the applicants.

19.REPORT(S) OF THE PRINCIPAL SOLICITOR (LICENSING AND REGULATORY)

(a)Request for Permission to Display Advertisements on Hackney Carriage and Private Hire Vehicles

Members were asked to consider a request for permission to display logos on the external aspect of a fleet of vehicles. A copy of the letter from the applicant and a drawing showing the proposed design of the advertisement were appended to the report.

The Council’s Licence Conditions prohibits any advertising material from being exhibited on the vehicle other than a notice on the front door panels showing the name and telephone number of the operator, unless the Licensing Committee grants their consent to other signs being displayed. Additional signs are limited to the rear door and windows of the vehicles. A copy of the current licence conditions was appended to the report.

The applicant was in attendance to support his application.

RESOLVED that the application be granted in full to display all the requested material as set out in paragraphs 3.3.1 to 3.1.4 and thereafter to amend the clause in the Vehicle Licence conditions, relating to Advertisements on Vehicles to remove the following sentence “and shall relate only to the rear passenger doors and rear window of the vehicle”. To amend the Supplementary Testing Manual to remove the following sentence from p6 Signs - Advertising on Hackney Carriage and Private Hire Vehicles “and shall relate only to the rear passenger doors and rear window of the vehicle.”

(b)Application to Revoke a Combined Hackney Carriage/ Private Hire Driver’s Licence

Members were asked to consider whether to suspend or revoke a combined hackney carriage/private hire driver’s licence. The driver was in attendance and answered questions from Members.

RESOLVED that the Drivers Licence be revoked and the Drivers Licence be suspended pending the revocation taking effect.

(c)Application for Exemption from Displaying PHV Plates/ Door Signs

Members were asked to consider an application for an exemption under Section 75(3) Local Government (Miscellaneous Provisions) Act 1976 in respect of a PHV licence condition to display private hire vehicle plates and door signs on a new vehicle.

RESOLVED that an exemption under Section 75(3) Local Government (Miscellaneous Provisions) Act 1976 in respect of a PHV licence condition to display private hire vehicle plates and door signs on a new vehicle be granted for the duration of the PHV licence.

(d)Request for Permission to Display Advertisements on Hackney Carriage and Private Hire Vehicles

Members were asked to consider a request for permission to display logos on the external aspect of the fleet of vehicles. A copy of the letter from the applicant and the advertisements were appended to the report.

The Council’s Licence Conditions prohibits any advertising material from being exhibited on the vehicle other than a notice on the front door panels showing the name and telephone number of the operatorunless the Licensing Committee grant their consent to other signs being displayed. Additional signs are limited to the rear door and windows of the vehicles. A copy of the current licence conditions was appended to the report.

RESOLVED that the application be granted in full to display all the requested material as set out in paragraphs 3.1.1 to 3.1.2

20.ANY OTHER BUSINESS WHICH THE CHAIRMAN CONSIDERS TO BE URGENT.

(a)Thanks to Officers

RESOLVED that thanks be recorded to officers for their excellent work.

As there was no other urgent business to be discussed, the Chair closed the meeting.

(Meeting closed at 8.50pm.)