Meeting documents

General Licensing Committee
Tuesday, 14th April, 2015

Place: Cross Room, Civic Centre, West Paddock, Leyland PR25 1DH

 Present: Councillors Mr J Rainsbury (in the chair), Mrs A A Ball, Ms J Bell, Mrs J R Hothersall, Mr J A Kelly, Mr J D Marsh, Mr C W Tomlinson
 In attendance: Jennifer Mullin (Public Health Manager), Tasneem Safdar (Senior Solicitor), Niky Barrett (Licensing Enforcement Officer), Wajed Iqbal (Licensing Officer) and Dave Lee (Democratic Services Officer)
 Public attendance: None
 Other Officers: None

Other Members: None

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

Apologies for absence were submitted on behalf of Councillors Mrs Beattie and Pimblett.


Noted   
54 Declarations of Interest

There were no declarations of interest declared.


Noted   
55 Minutes of the Last Meeting
Minutes attached

RESOLVED (UNANIMOUS): that the minutes of the meeting held on 24?February?2015 be approved as a correct record and signed by the chairman.


Agreed   
56 Application for Private Hire Vehicle Licences: Mr and Mrs Holland
Report attached
Appendix A attached
Appendix B attached

An application for private hire vehicle licences for a silver Chrysler 300C (registration KP07 WXB) and a black Chrysler 300C (registration MA07 DXR) was submitted.

The applicants, Mr and Mrs Holland, had been invited to attend and/or be represented at the meeting but were not present.

RESOLVED (UNANIMOUS): that consideration of the application be deferred until the next scheduled meeting of the committee when Mr and Mrs Holland again be invited to attend.
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Agreed   
57 Application for Exemption to Display Private Hire Vehicle Licence Plate: Mr Smith
Report attached
Appendix 1 attached

A request to waive the requirement to display the private hire vehicle licence plate and other associated markings on a BMW 520d SE (registration LG11 YHJ) was submitted.

The committee noted that the applicant, Mr Smith, had provided a letter explaining his intentions and reasons for the exemption however he had also been advised to make the vehicle available for inspection.

RESOLVED (UNANIMOUS): that in the absence of Mr Smith, consideration of the application be deferred until the next scheduled meeting of the committee when he be asked to make the vehicle available for inspection.


Agreed   
58 Application for Private Hire Vehicle Licence: Mr Hayes
Report attached
Appendix 1 attached
Appendix 2 attached

An application for a private hire vehicle licence for a black?Chrysler stretched limousine (registration EU09 BWN) was submitted.

The applicant, Mr Hayes, attended the meeting and addressed the committee.

A request was also made by Mr Hayes to waive the requirement to display private hire vehicle licence plates if the application for the vehicle licence was granted.

The meeting was adjourned at 6.17pm to allow members of the committee an opportunity to inspect the vehicle.

The meeting resumed at 6.20pm.

RESOLVED (UNANIMOUS): that ?

1. Mr Hayes? application to licence a black?Chrysler stretched limousine (registration EU09 BWN) as a private hire vehicle as detailed in the report submitted be approved ? this will only apply until the vehicle reaching the council?s age limit of 8 years from the date of first registration.

2. that the request to waive the requirement to display the vehicle plate, be approved subject to the following -

1. The private hire driver's badge must be worn by the driver of the vehicle at all times.
2. That the standard Condition 6 attached to the grant of a Private Hire Vehicle Licence not be enforced and substituted by:
There is no requirement to fix a plate to the exterior of the vehicle but instead the notice issued under Section 75(3) of the Local Government (Miscellaneous Provisions) Act 1976 exempting the licence holder from the need to display a plate on the vehicle be carried to confirm the vehicle is licenced. The notice must be carried on the vehicle at all times and readily available if required by an authorised officer of the council.
3. That Condition 23(c) attached to grant of a Private Hire Vehicle Licence relating to the external affixing of door signs not be enforced.
4. That Condition 6(a) attached to the grant of a Private Hire Vehicle Licence relating to the display of an internal vehicle card not be enforced.
5. That in the event of the vehicle being used for non-executive private hire work, the usual private hire licensing requirements be enforced.


Agreed   
59 Statement of Policy and Guidelines on the Relevance of Previous Convictions and Other Information
Report attached
Appendix 1 attached

A report on a revised policy to deal with convictions, cautions complaints and other matters when considering the fitness and propriety of hackney carriage and private hire drivers was submitted.


For many years, the General Licensing Committee had relied on the Metropolitan Police guidance on the relevance of convictions to assist members in their deliberations as to whether an applicant with convictions was fit and proper to hold a licence.

Following a number of high profile cases involving the hackney carriage and private hire trade in recent years, licensing authorities across the North West had revisited their policies in respect of dealing with convictions, compliance and complaints.

The Association of Greater Manchester Authorities (AGMA) drafted a new policy that had been adopted by the 10 Greater Manchester licensing authorities.

The Lancashire Licensing Officers Group, which was chaired by South Ribble, was now considering the adoption of AGMA?s policy across the county, to provide for a consistent approach in the North West by licensing authorities towards the fit and proper test.

The draft policy was attached at Appendix 1 to the report submitted. The only notable change from the AGMA policy was the extension of the rolling period referred to on page 16, from 12 months to 18 months. This departure from the AGMA version was considered appropriate for South Ribble to reflect the scale of its pro-active enforcement capabilities, in comparison with the Manchester authorities, who were out and about on an almost daily basis assessing compliance among their trade.

The policy would provide members and officers with clear guidelines to assist them when considering whether individuals are fit and proper to hold or continue to hold drivers licences.

It would also benefit the trade and the travelling public who would be able to inform themselves about the minimum standards expected of licensed drivers and operators in South Ribble.

RESOLVED (UNANIMOUS): that the revised policy (Appendix 1 to the report submitted) to deal with convictions, cautions complaints and other matters when considering the fitness and propriety of hackney carriage and private hire drivers be adopted with immediate effect.


Agreed   
60 Taxi Licensing Fees & Charges
Further to minute no. 50 (24 February 2015), report (56K/bytes) attached

Further to minute no. 50 (24 February 2015), it was reported that a public notice concerning the proposed new licensing fees had been placed in Lancashire Evening Post and the final date for representations was 30 March 2015. The committee noted that there were no representations, objections, or comments receive in respect of the proposed fees.

RESOLVED (UNANIMOUS): that the committee?s previous consideration on the proposed new licensing fees as set out in the report submitted to the meeting on 24 February 2015 (minute no. 50 refers) be reaffirmed.


Agreed   
61 Vote of Thanks

As this was the last meeting before the borough council elections, the chairman took the opportunity and thanked members and officers for the participation and contribution made towards the work of this committee.

(As Councillor Kelly was not standing for re-election as a borough councillor, the chairman particularly thanked him for his long service on the Licensing Committees over the years.)
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Noted   

  Published on Thursday 16 April 2015
6.38pm