Meeting Details

Meeting Summary
Licensing Committee
28 Sep 2022 - 18:00 to 20:00
Occurred
  • Documents
  • Attendance
  • Visitors
  • Declarations of Interests

Documents

Agenda

Part A
1 Welcome and Announcements
The Chairman will welcome members of the public and Councillors and remind everyone to use microphones at all times when they are speaking. The Chairman will also explain action in the event of an emergency, mobile phones switched to silent, audio-recording of the meeting. Councillors who are members of the committee will introduce themselves.
2 Substitutions
Councillors will be asked to say if they are attending on behalf of a Committee member who is absent.
3 Urgent Items
The Chairman will announce if there is any item not on the published agenda which will be considered because it is urgent and will explain the reason for the urgency.
4 Declarations of Interest
Councillors will be asked to say if there are any items on the agenda about which they have a disclosable pecuniary interest which would prevent them from participating in any discussion of the item or participating in any vote upon the item, or any other pecuniary interest or non-pecuniary interest.
5 Minutes of Previous Meeting
The Councillors will be invited to confirm that the minutes of the meeting held on (insert date) are a correct record.
159

RESOLVED that: the minutes of the meeting held on 20 July 2022 be confirmed as a correct record. 

 

6 Have Your Say! (Hybrid meetings)

Members of the public may make representations to the meeting.  This can be made either in person at the meeting, or by joining the meeting remotely and addressing the Council via Zoom. Each representation may be no longer than three minutes.  Members of the public wishing to address the Council remotely may register their wish to address the meeting by e-mailing democratic.services@colchester.gov.uk by 12.00 noon on the working day before the meeting date.  In addition, a written copy of the representation will need to be supplied for use in the event of unforeseen technical difficulties preventing participation at the meeting itself.

There is no requirement to pre-register for those attending the meeting in person.

The Committee will consider a report seeking its approval, for the purposes of consultation, to a change to the Council’s Hackney Carriage and Private Hire Licensing Policy to require licensed vehicles to be fitted with the means to accept electronic payments in addition to cash.  
160

Jon Ruder, Licensing and Food Safety Manager attended the meeting to present the report and assist the Committee with its enquiries. The Committee heard that there had been ongoing issues with regard to card payment machines in licensed vehicles, both hackney carriage and private hire vehicles. Colchester Borough Council (the Council)’s Hackney Carriage and Private Hire Licensing Policy was kept under constant review, and the Committee was being asked to approve the commencement of a consultation period with regard to proposed modifications to the Policy which would require licensed vehicles to be equipped with the means to accept electronic payments, in addition to cash payments.

 

Mr Daniel attended the meeting and addressed the Committee in accordance with the Council’s Have Your Say! provisions. The Committee heard that Mr Daniel had been a taxi driver for 44 years, and he currently worked from the taxi rank in the High Street, mostly at night. He had observed an increasing number of passengers who were under the influence of drink or drugs at night, and an increasing number of customers who, in his opinion, had no intention of paying to get home. He acknowledged that taxi drivers had to accept such losses from time to time, but his method of limiting his risk was to ask for a payment to be made up front in cash, especially for longer journeys. If the fare displayed on his taximeter at the end of the journey was less than the payment he had requested, he would always refund the difference, and this method prevented arguments and disputes over the fare. Mr Daniel considered that the safety of drivers had to be taken into consideration, and told the Committee of a taxi driver in Ipswich who had recently been attacked, possibly over an argument about a fare, and Mr Daniel himself had experienced a passenger jumping from the open window of his cab while it was moving to avoid paying the fare.

 

Mr Daniel had spoken to other drivers who did accept card payments, and who had advised him that one of the biggest issues was the occasional difficulty which was experienced in being able to get a signal to use the card readers. This was exploited by some passengers who purposely asked to be dropped in an area with no signal to avoid having to make a payment, and, in addition to this, payments made with cards could later be rejected. Mr Daniel argued that self-employed taxi drivers were not highly paid, and it was unreasonable to require them to have the latest technology when their cost of running their business was approximately 50% of their turnover. Cash was legal tender, and Mr Daniel contended that it was his right to be paid how he chose for his work.

 

Mr Daniel understood that most complaints had been made by customers at Colchester North station, who were different customers than those seen at the High Street, and he suggested therefore that card readers should only be mandatory for those vehicles who had a permit to work at the station.

 

Mr Madikazi attended the meeting and addressed the Committee in accordance with the Council’s Have Your Say! provisions. He was a taxi driver and supported the introduction of the requirement for vehicles to be able to take card payments, however, he acknowledged that there were some issues with accepting such card payments. There were a significant number of areas within Colchester where card payment machines would not work due to a poor signal, and the network needed to be improved to support card payments across the borough. Mr Ruder confirmed that he had discussed network issues with Mr Madikazi, and had subsequently reported these issues to the Colchester Business Improvement District (BID) who were investigating network issues across the town centre and surrounding areas.

 

Mr Aktashi attended the meeting and addressed the Committee in accordance with the Council’s Have Your Say! provisions. He was a taxi driver and supported the introduction of mandatory ability to take electronic payments in licensed vehicles. He advised the Committee that most modern card payment machines did provide the facility to refund the customer if payment was made up front, but the fare on the taximeter was less than had been paid. He considered that having card readers was a good idea.

 

The Committee welcomed the contributions from all the Have Your Say speakers, who were asked to ensure that their comments were submitted as part of the proposed consultation.

 

In discussion, the Committee considered the issues posed by the lack of network availability to support the taking of card payments, and a Committee member advised the Committee that there were network less methods of taking payments which did not rely on having a signal to work. Some concern was raised about the charges that would be levied on the taxi drivers themselves for receiving card payments, and it was suggested that even having to pay a small charge for taking cad payments would be a significant imposition on drivers. It was the experience of a Committee member that that card payments were routinely accepted across the country in licensed vehicles, and, in fact most other industries, and it was considered that card payments were quicker and safer than cash payments.

 

In response to an enquiry from the Committee, Mr Ruder confirmed that the suggested likely cost of a card reader which had been mentioned in the Officers report was based solely on initial consultation with other local authorities, and was not necessarily indicative of the cost machines that would be approved. Any feedback received as part of a consultation would be taken into consideration when proposing any final Policy amendments.

 

The Committee considered the safety benefits to the driver of not having to carry a lot of cash in the vehicle, and thought that the ability to take payment by either cash or card could potentially be an advantage to both the customers and the drivers. It did, however, acknowledge the initial cost of buying the required technology, and the potential costs of maintaining it.

 

The Committee indicated its support for the proposed consultation, considering that clarity was needed on the issue for both drivers and the public on what could and could not be done with regard to charging for fares and the use of card payments.

 

Mr Ruder assured the Committee that if the proposed consultation was approved by the Committee, then it would be possible to respond to this via the Council’s website, and in addition to this, details of the consultation would be send to every driver, proprietor and operator, and advertised through the local BID and Pubwatch schemes to ensure as broad a range of responses as possible.

 

RESOLVED that:

- for the purposes of consultation a change to the Hackney Carriage and Private Hire Licensing Policy to include the requirement that vehicles must be fitted with the means to accept electronic payments in addition to cash be approved,

- This matter be the subject of a six-week consultation with the trade.

 

The Committee will consider a report setting out its work programme for the current municipal year. 
161

Matthew Evans, Democratic Services Officer, introduced the work programme 2022- 2023.

 

The Committee was content that Officers liaise with the Chair of the Committee when considering items to be brought to the Committee at its future meetings.

 

RESOLVED that: the contents of the work programme be noted. 

 

Exclusion of the Public (not Scrutiny or Executive)
In accordance with Section 100A(4) of the Local Government Act 1972 to exclude the public, including the press, from the meeting so that any items containing exempt information (for example confidential personal, financial or legal advice), in Part B of this agenda (printed on yellow paper) can be decided. (Exempt information is defined in Section 100I and Schedule 12A of the Local Government Act 1972).
Part B

Attendance

Attended - Other Members
Name
No other member attendance information has been recorded for the meeting.
Apologies
NameReason for Sending ApologySubstituted By
Councillor Roger Buston Councillor Barbara Wood
Councillor Patricia Moore  
Councillor Steph Nissen  
Absent
NameReason for AbsenceSubstituted By
No absentee information has been recorded for the meeting.

Declarations of Interests

Member NameItem Ref.DetailsNature of DeclarationAction
No declarations of interest have been entered for this meeting.

Visitors

Visitor Information is not yet available for this meeting