Meeting documents

?An apology for absence was received from Councillor D Woolridge.

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There were no declarations of any interests.

RESOLVED (UNANIMOUS): That the minutes of the General Licensing Committee held on 18 May 2017 were confirmed as a correct record for signing by the Chairman.

The Committee received a report that sought approval for the adoption of formal documentation relating to the enforcement of equalities legislation regarding the transporting of passengers in wheelchairs. The process for the activation is quite complex and Members were provided with an illustrative flowchart that set out the various actions that would be taken by the authority to ensure that the new laws were implemented effectively in the South Ribble area.

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On 21 March 2017, the Committee received a report advising them of the government?s intention to activate certain provisions of the Equalities Act 2010 from 6 April 2017. Section 167 of the Act provides licensing authorities with the powers to make lists of wheelchair accessible vehicles, and Section 165 of the Act then requires the drivers of those vehicles to carry passengers in wheelchairs; to provide assistance to those passengers; and prohibits them from charging extra for their services. At the meeting, Members requested that a further report be submitted to a future meeting of the Committee that would detail the requirements needed for the authority to comply with the requirements detailed in the Act.

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The Committee was provided with a provisional list of ?designated vehicles? currently licensed by the authority that provided details of the make and model of the vehicle, together with the name of the operator, whether it was a taxi or private hire and information about size and weight of the wheelchair that can be accommodated. In response to Members questions, officers clarified that the legislation only benefited those passengers who needed a wheelchair for transportation, however, conditions were applied to all licences that supported those people who had other mobility issues. Members noted that some of the licences of the vehicles listed had an imminent expiry date. It was explained that the list was a fluid document and would be revised regularly.

It was acknowledged that some drivers may have a medical condition, a disability or physical condition which makes it impossible or unreasonably difficult for them to provide the sort of physical assistance which these duties require. The Act therefore allows licensing authorities to grant exemptions which would require a local system to be put in place for assessing drivers and granting exemption certificates for those drivers they consider exempt.

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Members considered the draft Exemptions Policy that set out the procedure to be followed by a licenced driver who wished to apply for an exemption, along with associated documentation that included, a draft application form, letter of exemption and notice of exemption that would need to be displayed by an exempt driver. An Equalities Impact Assessment was also appended to the report for Members information. The Committee were also provided with details of the consultation/communication plan that would be necessary to formally consult with all relevant stakeholders regarding the new arrangements.

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RESOLVED (UNANIMOUS):
1. Approval of the draft ?designated vehicles? list appended to the report, to be consulted on for the purposes of Section 167 of the Equalities Act 2010.
2. Approval granted to undertake consultation with relevant stakeholders on the draft Medical Exemptions Policy and associated documentation with a view to bringing a report back to a future Committee meeting for a formal decision.
3. That the word ?specialist? be removed form page 3 of the Medical Exemption Application Form

The Committee received a report that sought adoption of formal documentation relating to the enforcement of equalities legislation regarding the transporting of visually-impaired passengers and assistance dogs. The report also outlined the current licence conditions relating to the transportation of assistance dogs and set out the findings of a test purchasing exercise held on 5 April 2017.

On 21 March 2017, the Committee confirmed their support for Equalities legislation and asked officers to explore activation of Sections 165 and 167 of the Equalities Act 2017. The report related to a similarly significant matter to that discussed in the previous item, this time relating to the transporting of visually-impaired passengers in vehicles licensed by this Committee and sought to build on the Licensing Section?s approach to the Equalities agenda.

In response to a discussion by the Committee, officers informed Members that a driver would be penalised if they did not treat a passenger with an assistance dog with respect and that it was up to the individual drivers to implement other procedures, for example, using a cover to protect their seats, or hoovering up pet hairs for the benefit of other passengers. Members were informed that disabled people (including guide dog owners and other blind or partially sighted people) have important rights under the Equality Act 2010, which consolidates and replaces previous discrimination legislation. The Act also places a duty on Hackney Carriage and Private Hire drivers to carry guide dogs and other assistance dogs at no extra cost.

Officers from the Licensing Team attended the meeting to present their findings of a joint test purchasing exercise that had been undertaken in collaboration with Guide Dogs (a working name of The Guide Dogs for the Blind Association). Members were pleased to be told that none of the journeys had resulted in a lack of assistance to the participants, or their dogs and that the experience had been a positive one. There had been no evidence of charging an additional fee and the outcome for the authority was a positive one. A number of learning points for drivers had been identified by the participants that had been passed on in writing along with thanks, to all the drivers/operators that were subject to the test purchasing exercise and it was anticipated that the testing would be repeated in the future along with the exercise being extended to wheelchair users. A report of the exercise had been produced and Members were provided with a copy for information.

The Committee were informed that a driver is entitled to obtain an exemption certificate if they have a medical condition that is made worse by contact with dogs, such as extreme asthma and the process that would need to be undertaken by a driver to gain that exemption. Members were provided with a copy of the draft Medical Exemptions Policy and associated documentation that included a draft medical exemption application form, draft letter confirming granting of medical exemption by SRBC and draft certificate to be carried by an exempted driver. The Committee were also provided with details of the consultation/communication plan that would be necessary to formally consult with all relevant stakeholders regarding the new arrangements.

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RESOLVED (UNANIMOUS):
1. Approval granted to undertake consultation with relevant stakeholders on the draft Medical Exemptions Policy and associated documentation with a view to bringing a report back to a future Committee meeting for a formal decision to recommend the formal adoption of Sections 168-173 of the Equalities Act 2010 by full Council
2. That the Chair on behalf of the Committee write to thank the participants of the Joint Test Purchasing Exercise
3. That the word ?specialist? be removed form page 2 of the Medical Exemption Application Form
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The Committee received a report that sought to introduce a policy to ensure appropriate testing of vehicles which have been subject to modification (typically to facilitate the transporting of wheelchair users).

Members had received an initial report on the need for the policy at its meeting in March when they were informed that vehicles licensed by the borough were being modified but were not then subject to any further enhance testing to ensure their continuing road worthiness. These vehicle were typically larger road vehicles which had been modified to carry wheelchairs, with many service users affected being particularly vulnerable.

The Interim Licensing Manager had recently met with the County Council?s Compliance Manager for Integrated Support Services at the County Councils testing facility at Bamber Bridge, providing an opportunity to see first-hand a number of vehicles under inspection. This meeting helped to identify a set of standards that the County Council would consider appropriate to ensure the continuing safety of passengers in modified vehicles across the borough of South Ribble. These technical standards were appended to the draft Policy for the consideration of Members. A copy of the Equality Impact Assessment was also appended to the report.

Members were informed that the current testing regime states that roadworthiness tests can be carried out at around 12 private/independent trade outlets across the Borough. The vehicle owner makes the arrangements for the testing to be undertaken for an appropriate fee that is paid directly to the testing centre and there is no contractual arrangement between the Council and the testing station who undertakes the work.

Given the concerns previously expressed by the Committee about this matter, and the paramount importance of ensuring the safety of vulnerable service users, Members considered the suggested proposal to require that all additional testing of modified vehicles be carried out by Lancashire County Council at their premises in Bamber Bridge be recommended as the preferred option when consulting with the relevant stakeholders listed in the report on the new Policy and process. The County Council had confirmed that they would undertake a package of three tests for a fee of ?90 plus VAT and Members requested for a breakdown of these costs be obtained to ensure that drivers would not incur additional costs when implementing the testing regime.

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RESOLVED (UNANIMOUS):
1. That the draft Policy (Testing Requirements to ensure the safety of licensed vehicles which have been subject to modification) be subject to a consultation exercise as set out in Section 8 of the report , with Option 2 on testing arrangements be stated as the preferred option.
2. That a report on the results of that consultation be brought back to a future meeting of the General Licensing Committee for consideration.
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Members were informed that the report would be withdrawn from the agenda with a view to bring it back to a future meeting of the Committee.

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RESOLVED (UNANIMOUS):?That the report be noted.
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The Committee received a report updating Members on the outcome of the recent consultation on the proposed increase in licensing fees for Hackney Carriage/Private Hire drivers and vehicles which had resulted in new charges that had come into effect from 1 May 2017. A list showing all the new fees and charges was appended to the report for Members information.

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RESOLVED (UNANIMOUS)?That the report be noted.
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The Committee considered a report that set out proposals for the future operation of a Taxi Trade Forum in the Borough. Members were informed that in previous years, Members of the General Licensing Committee had met with representatives of the local licensed trade on a regular basis to discuss matter of mutual interest and concern. However, this arrangement had lapsed and such a meeting had not been held for some time.

More recently, Members had expressed their interest for resurrecting this dialogue and officer had been asked to make appropriate arrangements. It is also understood that the taxi trade would welcome the opportunity to engage with the Committee and keen for a Forum to be re-established.

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Members were provided with a detailed proposal of the new arrangements for the Forum along with a format of the proposed meetings that included Committee representation and Trade attendance along with the length and frequency of meetings. It was envisaged that the Chair of General Licensing Committee would play a leading role in the running of the Forum itself to help foster improved relations with the taxi trade and an invite would be extended to all Members of the Committee and the relevant portfolio holder. A written note of the meeting will be taken by Democratic Services and a report covering all the salient points taken to the subsequent meeting of the General Licensing Committee for Members information.

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RESOLVED (UNANIMOUS):?Approval granted to re-establish the Taxi Trade Forum using the suggested format within the report and that the first meeting be arranged to take place in the first week of July.

The Committee received a copy of the Forward Plan for the General Licensing Committee in 2017/18. Members were extremely pleased with the progress being made and thought that the Plan was a useful tool in monitoring the Committee?s performance to date.

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RESOLVED (UNANIMOUS):?That the report be noted.
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The Committee received a report requesting Members to consider a total of 14 proposed revisions to the Council?s existing Licensing Policy. Following the adoption of the revised Policy in July 2016, licensing staff and members of the General Licensing Committee have used the policy to help them in the issuing of licences for Hackney Carriage and Private Hire vehicles and drivers. The Policy was due to be reviewed in July 2017, however in order to ensure that the policy is robust, up to date and reflective of best practice, it was considered appropriate to bring this review forward.

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Members discussed each of the proposed amendments detailed in the report, in turn and subject to some slight amendments to the wording of a number of the changes the Committee were happy to agree the revised Policy subject to a formal consultation. The results of which, would be brought back to a future meeting for further consideration. In response to a Member query it was clarified that the revised Policy would be used for any future new application or renewal of a licence.

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When considering the proposal relating to suitable qualifications and training, Members discussed the merits of stipulating a suggested training course or suitable training provider for the training of drivers on Child Sexual Exploitation (CSE). It was explained that this was an area of training that needed looking into more thoroughly to ensure that the prescribed training was robust and fit for purpose. The Committee considered this to be of paramount important and asked the Licensing Manger to explore this need further.

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RESOLVED (UNANIMOUS):

1. That subject to the following amendments, the revised Licensing Policy be consulted upon with relevant stakeholders before bringing back to Committee for further consideration before submitting to full Council for adoption:

Proposed Change No 1 (Policy) ? ?and successfully completed any appropriate in-house course?.
Proposed Change No 5 (Policy - Hackney Carriage) ? take out the wording?..after the implementation of this Policy in July 2016?..
Proposed Change No 6 (Policy ? Private Hire) ? take out the wording??after the implementation of this Policy in July 2016?.
Proposed Change No 7 (Conditions) ? take out the wording??after the implementation of this Policy in July 2016??
Proposed Change No 12 (Policy) ? insert wording?is acceptable in new licensed vehicles so long as is?..

2. That the Licensing Manager undertake a report on suitable qualifications/training providers in relation to CSE to be brought to a future meeting of the Committee
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