Agenda and minutes

An apology for absence was received from Councillors Mrs L M Broadley and Ms A R Bond.

None.

Members are reminded that any declaration of interest should be made having regard to the Members’ Code of Conduct. In particular, Members must make clear the nature of the interest and whether it is 'pecuniary' or ‘non-pecuniary'.

Councillor G S Atwal declared that he was a private hire vehicle (taxi) driver by profession licensed by Leicester City Council.

To read, confirm and sign the minutes of the previous meeting in accordance with Rule 17 of Part 4 of the Constitution.

RESOLVED THAT: 

The minutes of the previous meeting of the Committee held on 01 October 2015 be taken as read, confirmed and signed.

To receive any Petitions and, or, Deputations in accordance with Rule 24 of Part 4 of the Constitution.

None.

The Committee gave consideration to the report and appendices (at pages 6 - 9) as delivered by the Interim Licensing Team Leader which should be read together with these minutes as a composite document.

The Interim Licensing Team Leader stated that at a meeting of this Committee on 22 July 2015, it was resolved by Members, in accordance with Section 12 of the Taxi Licensing Policy (as adopted), that only 12-month motor insurance certificates (“certificates”) were to be accepted henceforth. It was reported that in response, it was the insurance companies’ intention to instigate judicial review proceedings challenging the resolution on the grounds that, amongst other things, the Council did not consult upon the same. Members were advised that it was this Council’s formal counter-response to therefore undertake a full consultation upon the subject-matter for a six-week period (as recommended at 2 at page 6). With reference to the draft consultation document at appendix 1 (at pages 8 - 9), it was stated that the document sought to invite comments from primarily three consultee-groups (viz. current hackney carriage/private hire vehicle licence holders, the police and insurance companies/brokers), the results of which would be brought back to the next meeting of this Committee on 07 April 2016. It was reiterated that it remained the position of the Council to seek to end operating a 7-day certificate arrangement for the reasons outlined in the draft consultation document at (a)-(c) (at page 8).

With reference to the draft consultation document at (a) and the heading marked ‘The Trade; respectively, the Chair proposed two amendments, namely that: (i) the added cost implication of the “administrative work” be itemised; and (ii) the practice of accepting 7-day certificates be so-described as creating an “extra administrative workload” due to the additional provision of time and personnel. The Chair further raised a concern regarding, and enquired as to, whether this Council, its licence holders and, or, Private Hire Operators (PHO) would be jointly-responsible in ensuring licensed vehicles are fully-compliant in respect to insurance.

The Interim Licensing Team Leader stated that the added cost implication would ultimately, and necessarily, have to be subsidised by the licence holder and that licence holders ought to be made aware of the same. He advised that although there was a duty incumbent upon this Council, as the Licensing Authority, to ensure its licensed vehicles are appropriately-insured, that responsibly is equally borne primarily by individual licence holders (as policyholders) and secondarily by PHO’s.

Councillor J Kaufman enquired as to what the adopted practice was by other local Licensing Authorities in Leicester/shire and, as such, whether a six-month motor insurance certificate option could be offered by way of compromise.

The Interim Licensing Team Leader advised that, as far to his knowledge, the majority of other local Licensing Authorities in Leicester/shire (including North West Leicester District Council) do accept a temporary cover note upon the understanding that a 12-month motor insurance certifies shall be provided. It was, however, reported that a small number of  ...  view the full minutes text for item 23.

The Committee gave consideration to the report (at pages 10 - 11) as delivered by the Interim Licensing Team Leader which provided an update to the report as resolved by Members at the previous meeting of this Committee held on 01 October 2015. This should be read together with these minutes as a composite document.

The Interim Licensing Team Leader reported that pursuant to the changes in legislation on 01 October 2015, a default obligation was incumbent upon this Council to now issue Private Hire Operator (PHO) and Combined Hackney Carriage/Private Hire (CHC/PH) driver licences for a valid licence period of five and three years, respectively, and that the effects of Deregulation Act 2015 (“the Act”), Section 10 afforded the discretionary option to Licensing Authorities to issue licences for a shorter licence period. It was reiterated that although no changes were proposed in respect of any existing fees for the default licence periods, a new and approved PHO fee structure was required in order to account for the shorter PHO license periods on a pro-rota basis as outlined in the report at 3 (at page 10).

As such, the Interim Licensing Team Leader reminded Members that the change in licence fees for a PHO licence was to be advertised in a local newspaper by way of Public Notice circulating in the area, and 28 days allowed from the date of the Notice for any objections to be received to the proposed fee (“the objection notice period”). The Public notice, dated 02 October 2015, was said to have been placed in the 08 October’s edition of the Leicester Mercury. The objection notice period was therefore said to have commenced on 02 October and ended on the 06 November 2015. As previously resolved at (4) (Minute Reference 16 at page 4), the Interim Licensing Team Leader stated that if any objections were received, that the Chair, Vice-Chair and a third Member under delegated authority were to consider the same and decide upon whether to implement the original proposed fee, or implement a revised fee, within two months of the end of the objection period (i.e. by the 05 January 2015).

The Interim Licensing Team Leader further reported that a complaint had initially been received on 28 September 2015 (together with several similar e-mails thereafter) which formed the latter part of the report presently before Members. He advised that the complaint was currently being investigated by the Chief Executive, in conjunction with the Director of Services, as an escalation from a Level One to a Level Two Complaint in accordance with the Council’s Compliments, Comments and Complaints Policy and Procedure (“the Complaints Policy”) and that the complainant had been advised of the same. It was stated that despite numerous attempts inviting the complainant to speak to Officers in person and, or, to attend the Council Offices to discuss the concerns raised in his complaint, the complainant was neither forthcoming with any contact telephone details, nor has agreed to an appointment on terms acceptable  ...  view the full minutes text for item 24.

The Committee gave consideration to the verbal update as delivered by the Interim Licensing Team Leader.

The Interim Licensing Team Leader reported that since the previous meeting of this Committee on 01 October 2015, there had been considerable movement on Child Sexual Exploitation (CSE) assessment briefings for hackney carriage and private hire vehicle drivers in Leicester/shire. It was said that the content of the proposed training and assessment package, as led by Leicester City Council, had been adopted by the majority of the other District and Borough Councils across the County. He advised that a matter for decision by this Council was whether the costs associated in delivering CSE assessment briefings was to be borne by the Council itself or by its licence holders: if the latter, it was advised that any changes to the Taxi Licensing Policy and Scale of Fees and Chagres would need to be resolved by Members, accordingly. He stated that he was at the present time unaware of the associated-costs of delivering the CSE assessment briefings in this Borough.

The Chair requested that a report outlining the same be put before the next meeting of this Committee on 07 April 2016 for Members’ consideration and resolution.

Councillor G A Boulter stated that provision within the Committee budget would need to be made as soon as possible, ahead of the imminent finalisation of the Council’s Overall Draft Budget for 2016/17 due before a meeting of the Policy, Finance and Development Committee on 02 February 2016, in order for the scheme to be realised in the new municipal year.

Councillor K J Loydall advised the Interim Licensing Team Leader to liaise with this Council’s Community Safety and Tenancy Manager and, or, Licensing Officers at Leicester City Council in order to ascertain the associated-costs.

The Chair stated that the other District and Borough Councils across the Country would be in similar budgetary-positions and working within the same timeframes.

RESOLVED THAT:

The verbal update be noted by Members.

The Committee gave consideration to the verbal update as delivered by the Interim Licensing Team Leader.

The Interim Licensing Team Leader reported that the former Legal and Licensing Assistant had resigned her post as of the 01 December 2015 and that temporary cover was presently being provided by existing personnel from within the Council. It was said that a post for a Licensing Enforcement Officer was currently being advertised (the closing date for applications being 24 January) and that the permanent position of Licensing Team Leader was set to be advertised from week-commencing 18 January with a provisional start-date in April 2016.

The Interim Licensing Team Leader reported that the Office for Low Emission Vehicles had extended the deadline for bids under the Ultra-Low Emission Vehicle Taxi Scheme to mid-February 2016 thus affording the appointed consultant more time to undertake more work in respect of the joint-bid (as resolved at a previous meeting of this Committee held on 01 October 2015). It was said that the consultant was confident in being able to delivery under the partnership bid.

The Interim Licensing Team Leader reported that the reviewed Gambling Statement of Licensing Policy had been adopted at the meeting of the Council held on 08 December 2015 and subsequently published in the local newspaper and on the Council’s website ahead of its enforcement commencing on 31 January 2016.

The Interim Licensing Team Leader reported that recent changes in regulations effective as of 01 January 2016 have increased the limit of Temporary Event Notices (TEN’s) a single premises is permitted to apply for from 12 to 15 occasions in a single calendar year.

The Chair expressed her gratitude to the Interim Licensing Team Leader for the interim-cover provided to this Licensing Authority, alongside the Licensing Officer, and further commended the work of the former Legal and Licensing Assistant.