Licensing Committee – 21 March 2019
Chairman: Councillor K Vickers
Venue: Church Square House, 30/40 High Street, Scunthorpe, DN15 6NL
Time: 10 am
E-mail Address: firstname.lastname@example.org
- Declarations of disclosable pecuniary interests and personal or personal and prejudicial interests, and significant contact with applicants, objectors or third parties (lobbying), if any.
- To take the minutes of the meeting of this committee held on 22 November 2018 as a correct record and authorise the Chairman to sign.
- Sub-Committee Proceedings – To receive and where necessary confirm the minutes of the meeting of the following sub-committees-
(i) Licensing (Miscellaneous) Sub-Committee held on 22 November 2018, 17 January 2019, 14 February 2019 and 26 February 2019.
(ii)Licensing (Activities) Sub-Committee held on 14 January 2019 and 25 January 2019.
5. Licensing Policy – Hackney Carriage and Private Hire – To request the Removal of the Requirement for White Vehicles
6. Town Police Clauses Act 1847 – Local Government (Miscellaneous Provisions) Act 1976 – Hackney Carriage and Private Hire Policy – European Emission Standards
7. Licensing Fees
8. The Openness of Local Government Bodies Regulations 2014.
9. Appeals Submitted to the Magistrates Court.
Any other items which the Chairman decides are urgent by reason of special circumstances which must be specified.
PRESENT: – Councillor K Vickers in the chair.
Councillors Clark (Vice-Chairman), Allcock, Davison, Ellerby, Glover, Longcake, Kataria, Oldfield, Rowson, C Sherwood, Swift, P Vickers, Wells and Wilson
The committee met at the Civic Centre, Scunthorpe.
1586 DECLARATIONS OF DISCLOSABLE PECUNIARY INTERESTS, PERSONAL OR PERSONAL AND PREJUDICIAL INTERESTS AND SIGNIFICANT CONTACT WITH APPLICANTS, OBJECTORS OR THIRD PARTIES (LOBBYING) – The following members declared personal interests –
|Member||Nature of Interest|
|Councillor Oldfield||Personal Licence Holder|
1587 MINUTES – Resolved – That the minutes of the proceedings of this committee held on 22 November 2018, having been printed and circulated amongst the members, be taken as read and correctly recorded and signed by the chairman.
1588 SUB-COMMITTEE PROCEEDINGS – Resolved – That the minutes of the meeting of the Licensing (Miscellaneous) Sub-Committee held on 22 November 2018, 17 January 2019, 14 February 2019 and 26 February 2019 be received.
1589 SUB-COMMITTEE PROCEEDINGS – Resolved – That the minutes of the meeting of the Licensing (Activities) Sub-Committee held on 14 January 2019 and 25 January 2019 be received.
1590 (37) LICENSING POLICY – HACKNEY CARRIAGE AND PRIVATE HIRE – TO REQUEST THE REMOVAL OF THE REQUIREMENT FOR WHITE VEHICLES – The Director: Operations submitted a report informing the Committee that a petition had been received by the council, requesting the removal of the condition for white only vehicles by 2023 within the Licensing Policy for Hackney Carriage and Private Hire Vehicles. A copy of the petition and the Licensing Policy were appended to the report as appendices.
The Chairman invited the lead petitioner to address the Committee and to respond to members’ questions.
The lead petitioner raised a number of concerns about the current livery requirements within the Licensing Policy. These included the financial costs, a belief that standardisation of colour may hamper police investigations and the retrieval of lost property, and that alternative livery may be more identifiable to members of the public.
Members then asked a range of relevant questions, including usual timescales for vehicle replacement, alternative methods to promote public safety, other requirements of the Licensing Policy, and the practicalities of standardisation.
Following this discussion, the meeting was adjourned for deliberation by members and then reconvened when the decision of the sub-committee was stated as follows: –
That the Committee, after careful consideration of the presentation, agreed to revise paragraph 56 of the Hackney Carriage and Private Hire Licensing Policy to extend the implementation of the livery requirements to December 2025. Further to this, the Committee also agreed to receive a further report at a future meeting from the Licensing Authority setting out options of ways to further inform members of the public of the importance of being alert and passenger safety.
Recommended to Council – Resolved – That the Hackney Carriage and Private Hire Licensing Policy be revised in line with the Licensing Committee’s above views.
1591 (38) TOWN POLICE CLAUSES ACT 1847 – LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 – HACKNEY CARRIAGE AND PRIVATE HIRE POLICY – EUROPEAN EMISSION STANDARDS – The Director: Operations submitted a report that requested that members consider an urgent amendment to the Hackney Carriage and Private Hire Licensing Policy in relation to Euro Emissions for wheelchair accessible vehicles.
The Director explained that a request had been made to suspend the implementation of one element of the policy. Paragraphs 60 and 92 of the policy required that all vehicles are Euro V at their next annual inspection after 31 December 2018. This policy was initially agreed in 2014. Subject to the report and following a request to delay the implementation for wheelchair accessible vehicles, the full implementation had been put on hold until the report has been considered.
The policy required all vehicles to be Euro V as of 31 December 2018 at their next annual inspection. As a result all vehicles would need to be either converted or replaced. It was proposed that the implementation date be suspended for a period of three years for wheel chair accessible vehicles, which would mean that all wheelchair accessible vehicles would need to be Euro V at their next inspection after 31 December 2021. Wheelchair accessible vehicles were more expensive for proprietors to replace and there were a number of vehicles currently licensed that would be removed from the licensed fleet. This would have a negative impact on disabled people who need to be conveyed in their wheelchair.
The Chairman led a discussion on the issue, stating that there should be no barriers to wheelchair users accessing transportation. Members discussed the matter, seeking advice from officers as appropriate.
Resolved – That the policy and the compliance date for wheelchair accessible vehicles be amended to ensure that Euro V Emissions become effective from the date of the next vehicle inspection after 31 December 2021.
1592 (39) LICENSING FEES – The Director: Operations submitted a report requesting that the Committee review and consider revising the licensing fees in light of the current legislation and Case Law and the revised fee structure. The report set out the types of licensing activity and case law around recouping regulatory and enforcement costs.
Resolved – (a) That the fees and charges detailed in the appendix of the report be approved, and (b) where the fees need to be advertised, that the fees be approved subject to the said advertising.
1593 (40) THE OPENNESS OF LOCAL GOVERNMENT BODIES REGULATIONS 2014 – The Director: Operations submitted a report advising the Committee of all decisions taken by Authorised Officers of the Licensing Division, in relation to licenses, registrations, permits and consents, under the scheme of delegation.
The Committee discussed the most appropriate format for ensuring that members receive information about decisions taken by Authorised Officers.
Resolved – (a) That the report be noted, and (b) that officers continue to explore methods of ensuring decisions are accessible to both members and the general public.
1594 APPEALS SUBMITTED TO THE MAGISTRATES COURT – The Director: Operations confirmed that there had been no appeals submitted to the Magistrates Court.