Agenda item

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 to this Council and that no reply been received to an e-mail send to the complainant by the Interim Licensing Team Leader on the 17 December 2015.

The Interim Licensing Team Leader recommended as at 2b of the report (at page 10) that the approved PHO licence fee structure ought to be introduced as proposed and previously resolved at (1) (Minute Reference 16 at page 4) unless the Members of this Committee were minded to consider such a decision to be unsafe.

The Chair enquired as to however many PHO’s were licensed in the Borough and, of those PHO’s, if any objections were received by the same within the objection notice period.

The Interim Licensing Team Leader advised that there were approximately ten PHO’s licensed in the Borough and that, of those licensed PHO’s, no objections were received. He reiterated than only the one aforementioned complaint had initially been received on 28 September 2015 and, as such, was currently being dealt with as a Level Two Complaint in accordance with the Council’s Complaints Policy.

The Chair stated that having not received any objections from the PHO’s licensed in the Borough, and given the aforesaid complainant’s reluctance to engage with Officers in a constructive dialogue, she moved the recommendation at 2b of the report for the approved PHO licence fee structure to be introduced as proposed.

Councillor M H Charlesworth opined that he considered there to be no impropriety committed on the part of the aforesaid complainant insofar as expressing an opinion has formed part of a complaint that is currently being duly investigated. He stated that he agreed with the Chair’s motion and that the item of business before this Committee was now one that ought to be dealt with expediently as was previously resolved by Members. The Member further sought clarification as to the grantable licence periods for PHO and CHC/RH driver licences.

The Interim Licensing Team Leader reiterated that the default licence periods for PHO and CHC/PH driver licences were five and three years, respectively, and that the Act afforded the discretionary option to Licensing Authorities to issue licences for a shorter licence period upon the presentation of a reasonable business-case.

Councillor K J Loydall seconded the recommendation at 2b of the report.

Councillor G A Boulter enquired as to whether the regulatory governance aspect of the decision to introduce the approved PHO licence fee structure was satisfied.

The Chair reiterated that the necessary regulatory governance requirement of the decision to introduce the approved PHO licence fee structure was already satisfied by virtue of Members’ earlier resolution at (1) at the previous meeting of this Committee held on 01 October 2015 (Minute Reference 16 at page 4) and to which the Chief Executive and Director of Services were said to have given their support.

UNANAIMOUSLY RESOLVED THAT:

The approved Private Hire Operator licence fee structure be introduced as proposed.