LICENSING COMMITTEE
Minutes of the meeting held on Wednesday, 16th September 2015 at Retford Town Hall
Present:Councillor J Potts (Chair)
Councillors J R Anderson, H M Brand, G Clarkson, K M Greaves,S Isard, G Jones, D Merryweather, D Potts and K Sutton.
Officers in attendance: S Aston, S Fitzgerald, J Hamilton and A Webster.
(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,although there were two members of the public present, this was not taken up.)
21.APOLOGIES FOR ABSENCE
Apologies for absence were received from CouncillorsB A Bowlesand C Troop.
22.DECLARATIONS OF INTEREST BY MEMBERS AND OFFICERS
(a)Members
Councillor J Potts declared a non-pecuniary interest with regard to Agenda Item 7(a) -Combined Hackney Carriage/Private Hire Driver’s Licence Revocation/Suspension, as she knows the couple who made the complaint; she remained in the meeting.
(b)Officers
There were no declarations by officers.
23.MINUTES OF THE MEETING HELD ON 22ND JULY2015
RESOLVED that the Minutes of the meeting held on 22nd July 2015 be approved.
24.MINUTES FOR ACTION
It was noted thatall items were either on the Agenda or had been completed/were being undertaken.
RESOLVED that the Minutes for Action be received.
25.OUTSTANDING MINUTES LIST
It was noted that all items were on the Agenda.
RESOLVEDthat the Outstanding Minutes List be received.
SECTION A – ITEMS FOR DISCUSSION IN PUBLIC
Key Decisions
None.
Other Decisions
26.REPORT(S) OF THE PRINCIPAL SOLICITOR (LICENSING AND REGULATORY)
(a)Sex Establishment Policy
Members were presented with the draft Sex Establishment Policy and Procedure which was appended to the report.
Members gave approval for consultation on the draft Policy and Procedure at a previous meeting of the Committee held on 17th June 2015. A letter was sent to the owners of the only Sex Establishment in the Bassetlaw District and, to date, there has been no response. Copies of the previous report and the letter were appended to the report.
Within the draft Policy and Procedure, Members’ approval was sought for applications where objections have been received to be determined by a Licensing Panel (a sub-committee of the Licensing Committee), as it is anticipated that such matters may require lengthy deliberation.
RESOLVED that:
- The draft Sex Establishment Policy and Procedure be approved and implemented with immediate effect.
- Approval be given for powers to be delegated to a sub-committee of the Licensing Committee (a ‘Licensing Panel’ made up of three Members who currently sit on the Licensing Committee) to hear all applications, with the exemption of non-contested applications, for licences relating to Sex Establishments in the Bassetlaw District.
(b)Deregulation Act 2015
Members were updated on the advertised fees for a five-year Private Hire Vehicle Operator’s Licence, details of which were contained within the report, in response to the Deregulation Act 2015 which comes into force on 1st October 2015.
At the previous meeting of the Licensing Committee held on 22nd July 2015, Members granted delegated authority to the Principal Solicitor (Licensing and Regulatory) to calculate such fees and to advertise it in accordance with the procedure specified in the Local Government (Miscellaneous Provisions) Act 1976. A copy of the previous report was appended to the report, together with copies of the advertisements. To date, no objections or comments have been received in response to the advertisement. The legal implications were detailed within the report.
Elected Members raised several minor issues about the proposed fees and the change in duration of the licence from three to five years. Three-year Operator’s Licences will still be available but there are cost savings to the operator if a five-year Operator’s Licence is applied for. It was noted that there are no operators who fall into the ‘16+ vehicles banding’ at present.
RESOLVED that:
- From 1st October 2015, the Licensing Department of Bassetlaw District Council be authorised to grant five Operator’s Licences for a period of five years (in addition to the three-year Licence which is currently available).
- The fees for a five-year Operator’s Licence be approved as follows:
Number of Vehicles / Cost
1 / £387.75
2-5 / £775.50
6-10 / £1,551.00
11-15 / £2,326.50
16+ / £4,653.00
(c)Hackney Carriage Fare Increase
Members were presented with corrected information in relation to the report which had been presented at the previous meeting of the Licensing Committee held on 22nd July 2015, and asked to confirm their votes based on the revised information.
It was noted that to increase the scale of fares, the matter needs to be advertised in the local press and at the Council’s Offices. To date, the increase in the soiling charge has not yet been advertised, pending confirmation of the Members’ resolution, due to the costs involved.
The consensus of the Members was to confirm their previous decision after considering the figures contained in the table at paragraph 3.1 of the report.
RESOLVED that:
- The resolution made on 22nd July 2015 be confirmed.
- The Principal Solicitor (Licensing and Regulatory) advertises the increase in the soiling charge to comply with the requirements of the Local Government (Miscellaneous Provisions) Act 1976.
(d)Hackney Carriage and Private Hire Drivers’ Medicals and Changing How Hackney Carriage and Private Hire Drivers’ DBS and DVLA Checks are Obtained
Members were asked to give consideration to:
- Using one organisation to conduct all medicals, on behalf of Bassetlaw District Council, for all Hackney Carriage/Private Hire Vehicle Drivers or potential drivers.
- Changing the way in which applicants and drivers who are renewing Combined Hackney Carriage/Private Hire Vehicle Driver’s Licences obtain certificates that they have completed the relevant checks from the Disclosure and Barring Service (DBS) and the DVLA.
Both these issues were considered by Members at the previous meeting of the Licensing Committee held on 22nd July 2015, at which Members gave approval for consultation on both issues. Copies of these two reports were appended to the report.
Over 27/28th July 2015, 232 letters were sent out informing drivers of the proposed changes, asking for comments in writing. A copy of the letter was appended to the report. 16 written responses were received and these were summarised at paragraph 3.6 of the report and also appended to the report. A high number of phone calls in relation to the proposed changes had also been received by the Licensing Department. Only 7% of drivers had responded; 216 drivers did not respond.
In respect of the medicals, a worrying number of enquiries have been received by the Licensing Department in relation to required standards and “What is a Group 2 standard?” Practitioners are signposted to the Group 2 specification at:
At the request of some drivers, contact was made with another medical provider called ‘Doctors On Wheels’. This company’s charges and summaries of reviews of this company were outlined in the report at paragraphs 3.12 and 3.14 respectively. Medigold’s charges and conditions were also outlined at paragraph 3.15 of the report. Medigold already undertakes medicals to the Group 2 standard,is used by other authorities in Nottinghamshire, and is highly recommended.
By declaring that medicals are to be provided by a single medical centre, it can be ensured that all drivers are undertaking medicals that are being administered to a consistent standard.
In respect of the DBS and DVLA checks, using Personnel Checks would reduce administration time for the Council’s Licensing Officers, thereby freeing up more time for them to undertake pro-active enforcement. Delays are still being experienced in obtaining DBS certificates and an example was cited at paragraph 3.22 of the report.
Elected Members raised several minor issues in relation to both issues, and expressed concern in light of the bin lorry crash in Glasgow in December 2014 which resulted in six people losing their lives. It is hoped that a Group2 medical would identify any issues
RESOLVED that:
- From 1st October 2015, any driver/applicant applying for a new or a renewal of a Combined Hackney Carriage/Private Hire Vehicle Driver’s Licence will have to have such a medical provided by the Medigold Centre in Nottingham.
- Approval be given for officers to work with Personnel Checks to implement their ‘Licence Ready’ package to enable drivers/applicants for Combined Hackney Carriage/Private Hire Vehicle Driver’s Licences to apply for their DBS certificate online or via telephone.
(e)CCTV in Hackney Carriage/Private Hire Vehicles
Members were updated on matters which need to be considered before the installation of CCTV in Hackney Carriages and Private Hire Vehicles can be implemented in the Bassetlaw District.
The Information Commissioner issues general guidance on the use of CCTV which is covered by the Data Protection Act, and the obligations on CCTV operators were outlined in paragraph 3.2 of the report.
On 25th July 2012, the Information Commissioner issued a warning to local authorities that they must consider all legal obligations on them before requiring the installation of CCTV in such vehicles, and this was summarised in paragraph 3.7 of the report. An enforcement notice was served on Southampton City Council ordering it to stop the mandatory recording of passengers’ and drivers’ conversations in the city’s taxis.
In June 2015, Transport for London issued guidelines for CCTV systems in licensed London Taxis and Private Hire Vehicles, and a copy of this was appended to the report. Rotherham Metropolitan Borough Council entered into a four-week consultation period in relation to a series of proposed changes, including the installation of CCTV in their 800 licensed vehicles; however, strike action has taken place by drivers who are concerned at the cost implication of having to install CCTV in their vehicles.
The Council’s Licensing Department has not yet received any comments/complaints from members of the public or drivers/operators of Hackney Carriage/Private Hire Vehicles that would give rise to the need for mandatory CCTV, although Licensing Enforcement Officers have noted the evidential advantage in having such a system installed in vehicles.
Elected Members raised several minor issues but the general consensus was to wait and see how it works out in other areas before placing a financial burden on Bassetlaw’s drivers.
RESOLVED that:
- Any decision for a requirement to install CCTV in Bassetlaw’s Hackney Carriages/Private Hire Vehicles be deferred for 12 months.
- A further report be presented to a future meeting of the Licensing Committee with information as it emerges.
(f)Review of Gambling Act Statement of Principles
Members’ approval was sought for the Council’s draft revised Statement of Gambling Policy 2016-19 for statutory consultation, which was appended to the report.
Section 349 of the Gambling Act 2005 requires all licensing authorities to prepare and publish a statement of the principles that they propose to apply in exercising their functions under the Act. The statement lasts for three years and the Council must review, adopt and publish a new statement by 31st January 2016. The Council has established a list of consultees comprising representatives of various groups and bodies whose advice must be sought.
The draft revised Statement reflected the joint working between the Nottinghamshire Authorities Licensing Group and the Gambling Commission. Additional information had been circulated prior to the meeting which highlighted changes that were thought to be needed to the Policy as a result of consultation by Broxtowe Borough Council. Minor amendments have been made to reflect changes in statutory guidance but the original policies have not been altered.
RESOLVED that:
- The draft revised Statement of Principles in respect of the Statement of Gambling Policy 2016-19 be approved for the purpose of statutory consultation.
- The outcome of the consultation be reported to a future meeting of the Licensing Committee, before approval and adoption of the Statement by 31st January 2016.
27.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 Paragraph 1, and therefore, in accordance with Section 100A of the Act, the press and public be excluded from the meeting:
Agenda Item No. 7(a) –Combined Hackney Carriage/ Private Hire Driver’s Licence Revocation/Suspension – Paragraph 1
SECTION B – ITEMS FOR DISCUSSION IN PRIVATE
Key Decisions
None.
Other Decisions
28.REPORT(S) OF THE PRINCIPAL SOLICITOR (LICENSING AND REGULATORY)
(a)Combined Hackney Carriage/ Private Hire Driver’s Licence Revocation/Suspension
Members were asked to consider whether to suspend or revoke a combined hackney carriage/private hire driver’s licence. The driver was in attendance, accompanied by the proprietor of the taxi firm, and both answered questions from Members.
RESOLVED that a warning be issued to the driver which will remain valid until the date of expiry in March 2016 when the driver can apply for it to be renewed, and the Driver’s Licence be reinstated with immediate effect.
The driver and the proprietor of the taxi firm were advised of the Committee’s decision and the driver was informed that he would be able to collect his ‘badge’ from the Licensing Department the following day.
29.ANY OTHER BUSINESS WHICH THE CHAIR CONSIDERS TO BE URGENT.
As there was no other urgent business to be discussed, the Chair closed the meeting.
(Meeting closed at 7.50pm.)