Meeting documents

General Licensing Committee
Tuesday, 22nd July, 2014

Place: Cross Room, Civic Centre, West Paddock, Leyland

 Present: Councillors Mr J Rainsbury (in the chair), Mrs A A Ball, Ms J Bell, Mr A E Pimblett, Mr D H Suthers, Mr C W Tomlinson, Mr D J Watts
 In attendance: David Whelan (Legal Services Manager), Jennifer Mullin (Public Health Manager), Niky Barrett (Licensing Enforcement Officer) and Dave Lee (Democratic Services Officer)
 Public attendance: None
 Other Officers: 1

Other Members: Councillor P J Smith


Item Description/Resolution Status Action
OPEN ITEMS
1 Apologies for Absence

Apologies for absence were submitted on behalf of Councillors Mrs Beattie, Mrs Hothersall, Kelly and Yates.


Noted   
2 Declarations of Interest

Councillor Ms Bell declared a prejudicial interest in minute no. 4 because she was known to the hackney carriage vehicle licence holder.

Councillor Watts indicated that he was unable to attend the licensing training session held earlier in the day and therefore was aware that he should not take part in the consideration or voting thereon at this meeting.


Noted   
3 Minutes of the Last Meeting
Minutes attached

RESOLVED (UNANIMOUS): that the minutes of the meeting held on 8 April 2014 be approved as a correct record and signed by the chairman.


Agreed   
4 Item of Urgent Business: Suspension of Hackney Carriage Vehicle Licence HCV068 Under Standing Order No. 38
Report attached

(The chairman reported that he had authorised the consideration of this item of business as one of urgency in accordance with Section 100B(4) of the Local Government Act 1972, as its delay until the next meeting of the committee would render the decision too late to be of effect.)

(Councillor Ms Bell declared a prejudicial interest in this item because she was known to the applicant and left the meeting during the consideration and voting thereon.)

A report was submitted following action taken under the provisions of Standing Order
No. 38 to suspend Mr Bowers? hackney carriage vehicle licence HCV068.

RESOLVED (UNANIMOUS): that the action taken be noted.


Agreed   
5 Exempt Items

RESOLVED (UNANIMOUS): that the press and public be excluded from the meeting during the consideration of the following items of business as it involved the discussion of information which was defined as exempt from publication under paragraphs 1, 2 and 5 (information relating to an individual, information which was likely to reveal the identity of an individual and information in respect of which a claim to legal professional privilege could be maintained in legal proceedings) of Part I of Schedule 12A of the Local Government Act 1972 and in which the public interest in maintaining the exemption outweighed the public interest in disclosing it.


Agreed   
EXEMPT ITEMS
6 Private Hire Driver?s Licence: Mr McGarry
Report (61K/bytes) attached

A report was submitted concerning the holder of a private hire driver's licence.

The holder of the licence, Mr McGarry (accompanied by his friend), attended the meeting and addressed the committee.

RESOLVED (UNANIMOUS): that Mr McGarry shall be allowed to keep his private hire driver's licence on this occasion.


Agreed   
7 Introduction of New Procedures for Criminal Records Check/Hackney Carriage and Private Hire Licensing
Report (72K/bytes) attached

Further to min no. 24 (15 October 2013), a report was submitted on the proposed introduction of a new criminal records check procedure and proposed changes to the application system to receive applications in relation to hackney carriage and private hire licensing.

With the permission of the committee, Mark Gilmore (Senior Support Analyst) and Eileen Simon (Support Analyst) undertook a demonstration of the proposed new application system.

The Licensing Team process hundreds of hackney carriage and private hire drivers? licence applications every year. Enhanced criminal records checks were required to be undertaken on every new application and once every three years on renewal. Using existing processes, the enhanced check turnaround time from application to receipt of disclosure could take on average of 6-8 weeks. The Licensing Team reminded drivers well in advance that their criminal record check was required; unfortunately due to driver delay and the length of time required to process applications drivers could be left unlicensed and unable to drive for extended periods of time. In certain instances this could cause hardship to drivers.

In light of this, officers had identified a company called Personnel Checks that specialised in criminal record checks. Their recommended approach to improve the efficiency of the process was to use their online Enhanced Disclosure and Barring service (DBS) checking system to replace face-to-face paper based appointment system. Personnel Checks have a fast, state-of-the-art, online DBS checking system with an average turnaround of approximately a week. Using this system would not diminish the level of checks obtained for drivers.

The proposed process would refer the taxi driver through to Personnel Checks via a dedicated helpline. Personnel Checks would facilitate their disclosure and the driver would be given online log-in details to complete. The driver?s identification documents would be verified by South Ribble Gateway staff and then Personnel Checks would electronically submit the application. The results would generally be returned to the driver within 6 days; normally 50% of applications would take one day, 80% within 3 days, and the remainder within 6 days. Drivers would then be requested to present the documentation to the council. There was an additional cost of ?16 inclusive of VAT which would be borne by the driver. However, the time saved through this improved and more effective proposed system would be of significant benefit to both the drivers and the council.

In terms of how we move forward with receiving applications for licences in the area of hackney carriage and private hire licensing, the Licensing Team and Information Services had jointly explored alternative delivery options, customer access channels, multi-agency working and technology solutions. A review of the LALPAC Licensing software was being undertaken to explore the feasibility of migrating software provision to the Customer Relationship Management (CRM) system, allowing self-serve. There was empirical evidence that applicants had problems completing the necessary forms and providing the supporting documentation. All too often the application form was incorrectly completed and supporting documentation not submitted. Chasing applicants for missing information was inefficient, costly and time-consuming. It was therefore proposed that an improved process was introduced that utilised existing customer access channels such as Gateway and the council?s website. This was in line with increasing customer expectations of improved access to online and web based services.

The proposed process was as follows:

Applicants would be advised upon initial application and renewal that they have four routes to apply for vehicle, operator or driver?s licences:

1. The driver, proprietor or operator could log on to the council?s website and make an application;

2. The driver, proprietor or operator can phone a designated number and a Gateway Officer could assist them to complete the online application;

3. The driver, proprietor or operator could go directly to South Ribble Borough Council offices and with the assistance of a Gateway Officer submit their application on line; and

4. At the offices of larger operators, Gateway staff can visit, approximately once a month, to see drivers face to face and receipt applications by tablet computer.

If required the council would still accept applications in a paper format, but nevertheless it would encourage drivers, proprietors and operators to use the four application routes referred to.

Once the on-line application had been made and all the relevant original documents submitted, details of the application would then be forwarded to the Licensing Team, and determination made within an agreed timescale, before granting the licence.

Specialist external legal advice had been sought in relation to the use of paperless applications and electronic signatures. In summary the advice confirmed that it was perfectly permissible for the council to make available a paperless application process. However, should a driver, proprietor or operator want to make the application in writing the council must still accept the application in this form. The advice also confirmed that an electronic signature was permissible in law. However, there could be practical issues which it was proposed could be overcome by asking successful applicants to collect their licence in person and sign a printed summary of the information provided with their application. This record could then be retained for use in case of a future prosecution.

In order to facilitate these proposed changes, alterations would need to be made to the current guidance documents for drivers, the council?s website, all application information and renewal letters. It was also proposed that a mailshot would be sent to all licence holders.

RESOLVED (UNANIMOUS): that subject to the suggestions made at the meeting the introduction of ?

(i) an improved new criminal records check procedure; and

(ii) a new system for the initial receipt of applications for drivers, vehicles and operators and their associated checks, in relation to hackney carriage and private hire licensing,

be approved.


Agreed   

  Published on Monday 28 July 2014
7.13pm