Meeting documents

Apologies for absence were submitted on behalf of Councillors Nelson and Rainsbury.

There were no declarations of interest declared.

RESOLVED (UNANIMOUS): that the minutes of the meeting held on 21 February 2017 be approved as a correct record and signed by the chairman.

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(At the commencement of the meeting the committee welcomed and thanked Commissioner Mary Ney of Rotherham MBC for attending. Commissioner Ney had responsibility in that authority for working closely with the police to disrupt criminality and to support robust law enforcement.)

The committee considered a report on the imminent activation of elements of sections 165 and 167 of the Equalities Act 2010.

The government had stated its intention to make public transport more accessible for all members of the community, including disabled people. As part of this process, since 2010 the Equalities Act of that year had placed a duty on hackney carriage and private hire drivers to carry guide and other assistance dogs at no extra cost. Drivers that cannot carry assistance dogs were obliged to carry a certificate of exemption confirming they have had permission to refuse on medical grounds.

The government had indicated that it now wished to extend this policy further. Accordingly, from 6 April 2017 it wanted similar protections to apply to wheelchair users. This would be achieved by activating the remaining parts of sections 165 and 167 of the Equality Act 2010. Section 167 of the Act provided licensing authorities with the powers to make lists of wheelchair accessible vehicles (i.e. ?designated vehicles?), and section 165 of the Act then required the drivers of those vehicles to carry passengers in wheelchairs; to provide assistance to those passengers; and prohibit them from charging extra for their services.

Licensing authorities were not obliged to produce a list of designated vehicles under the legislation, but were empowered to do so if they wish to. The criminal provisions giving protection to wheelchair users would not come into effect until a list was drawn up by the licensing authority.

It was estimated that around 80 (one third) of the number of licensed vehicles in the Borough were currently wheelchair-accessible.

The committee discussed the implications that this would have for licensing authorities and the trade. The Licensing Manager noted the concerns/suggestions made at the meeting.

RESOLVED (FOR: 8, ABSTAINED: 1, AGAINST: 0): that ?

1. the activation of sections 165 and 167 of the Equalities Act 2017 from 6 April 2017 be noted;

2. a list of ?designated vehicles? for the purposes of the Equality Act be drawn up; and

3. a further report be submitted to a future meeting of this committee outlining a provisional designated list, a proposed exemptions policy, and a proposed communication plan for drivers.

The committee considered the proposed fees and charges for taxi licensing.

RESOLVED (UNANIMOUS): that the proposed fees and charges for 2017/18 for hackney carriage and private hire licensing as set out in Appendix 1 to the report submitted be approved for public consultation.

The committee considered its Forward Plan.

The Licensing Manager noted the suggestions made at the meeting.

RESOLVED (UNANIMOUS): that the Forward Plan be noted.

The committee considered a report on the revised protocols/procedures.

Over the past 12 months, the work of the General Licensing Committee had attracted considerable local interest, with particular regard to its application of the statutory ?fit and proper? test. As a result, a number of action plans had been developed; these had now been compiled into a composite Implementation Plan (considered later in the meeting). As part of the process of revisiting the committee?s formal procedures, officers had examined the approach taken in a number of aspects of the committee?s work and were now in a position to put forward a range of additional documents.

In some instances, the committee?s procedures had not previously been formally set out, and the purpose of the proposed documents was to provide written guidance which the committee should follow in future (with a view to giving transparency to its work and ensuring greater consistency in decision-making). In other areas, procedures had previously been in place in such instances, the purpose of the exercise was to revisit and update protocols as appropriate.

RESOLVED (UNANIMOUS): that the revised protocols/procedures as set out in the report (together with Appendix 1 to 5)?be adopted subject to No.9 in Appendix 3 and No. 13 in Appendix 4 being amended to the following ?

?The Committee will retire to make the decision (all persons other than members of GLC, the Council?s Democratic Services Officer and the Council?s legal representative to leave the room).?

The committee considered a report on the proposed Implementation Plan that consolidated the actions arising from various reports into the work of the Licensing Section.

Earlier in the meeting the committee received its Forward Plan setting out a schedule of future reports to be presented. This included the requirement for officers to bring a quarterly update report on a composite Implementation Plan to General Licensing Committee on the following dates:

? 11 July 2017

? 17 October 2017

? 23 January 2018

? 20 February 2018 (year-end review)

Appendix 1 to the report confirmed that the proposed Implementation Plan was ?RAG rated? (Red / Amber / Green) to facilitate members? consideration of the rate of progress against stated deadlines.

RESOLVED (UNANIMOUS): that ?

1. the proposed Implementation Plan (Appendix 1 to the report), be approved;

2. future monitoring reports be submitted to this committee setting out progress made towards completion of the measures identified in the Implementation Plan; and

3. the Council?s Scrutiny Committee be asked to receive progress reports on this matter.

The committee considered a report on the proposed Training Plan for members of the General Licensing Committee.

A discussion ensued on how this proposed training could be made more robust and to reflect best practice. The Licensing Manager indicated that he would investigate the suggestions made at the meeting.

RESOLVED (UNANIMOUS): that ?

1. the draft Training Plan (Appendix 1 to the report) be noted;

2. the appropriate elements for future implementation be adopted; and

3. with regard to member training on questions to be asked at hearings, a date for this be set in May 2017.

The committee considered a report on the draft format of a report for the committee on 13 June 2017 to summarise the enforcement activity (including the type and number of applications) undertaken by the Licensing Authority between 1 April 2016 and 31 March 2017.

RESOLVED (UNANIMOUS): that the ?

1. information relating to enforcement activity over the previous municipal year be noted;

2. proposed format and content of the draft report be noted; and

3. final version of the annual report be submitted to the committee meeting for consideration on 13 June 2017.

The committee considered a report on the current position regarding a draft policy to ensure the roadworthiness of licensed vehicles which have been subject to modification.

RESOLVED (UNANIMOUS): that ?

1. the report be noted; and

2. a more detailed update be submitted to this committee for consideration on 13 June 2017 on the following ?

? The outcome of discussions with Lancashire County Council (who would be commissioned to test the modified vehicles for roadworthiness); and

? A proposal for trade consultation on the draft policy and testing arrangements, which members would be asked to authorise with a view to put forward to Council for the adoption of a final policy.

(The committee thanked all officers involved in the excellent contribution to the work of the Licensing Section.)