Agenda item

The Committee gave consideration to the report delivered by the Licensing Officer as set out (at pages 38 - 39) which should be read together with these minutes as a composite document.

The Licensing Officer stated that the default obligation incumbent upon the Council was to issue Private Hire Operator and Combined Hackney Carriage/Private Hire Driver Licences for a valid licence period of five and three years, respectively, and that the effects of the Deregulation Act 2015, Section 10 was to afford the provision to issue licences for a shorter licence period. It was emphasised that such a provision was to operate as an exception only upon consideration of a valid business case. It was stated that no changes were proposed in respect of any existing fees for the default licence periods and proposed a new fee structure to account for, and in proportion to, shorter license periods.

Members were further advised that only any change in licence fees for a Private Hire Operator Licence must be advertised in a local newspaper circulating in the area and a period of 28 days allowed for any objections to be received. It was stated that any objections must be considered within two months of the end of the objection period before any fee change can be implemented: the Council must then decide whether to implement the proposed fee, or implement a revised fee.

The Licensing Officer invited Members to approve the recommendations and delegations set forth in the report (at pages 38 – 39).

Councillor M H Charlesworth welcomed the proposal whilst acknowledging receipt of a complaint received on 28 September 2015 and noting the contents therein.

The Licensing Officer confirmed that he was in receipt of the said complaint and that, although the contents were a matter for consideration by this Council’s legal department, it did not ostensibly present any substantive concerns. The Chair confirmed that a letter would be drafted by the Council’s legal department to respond to the objector and that a copy of the response would be distributed to Members, accordingly.

Councillor J Kaufman enquired as to whether the proposed fee structure was similar to that adopted by other local authorities. The Licensing Officer confirmed that a broadly-similar fee structure had been adopted.

Councillor Ms A R Bond vacated the Council Chamber at 7:38 pm.

UNANIMOUSLY RESOLVED THAT:

(1)  The changes to both fees and operational licence periods be approved;

(2)  The Interim Licensing Team Leader, the Licensing Officer and the Legal and Licensing Assistant be granted delegated authority to consider written requests submitted for licences to be granted for a shorter licence period;

(3)  The default position for the issue of licences be five years for a Private Hire Operator and three years for a Combined Drivers Licence be approved, with all latter applications being subject to Disclosure and Barring Service (DBS) and Driver Vehicle Licensing Agency (DVLA) checks and medicals every 6 years (or annually if the applicant is over 70 years of age); and

(4)  The Chair, Vice-Chair and a third Member be delegated to consider any objections to the proposed fee, and if appropriate, revise the proposed fees and agree an implementation date.