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 are a correct record of the meeting held on 25 July 2018.
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RESOLVED that the minutes of the meeting held on 25 July 2018 be approved as a correct record.
6
Have Your Say!
The Chairman will invite members of the public to indicate if they wish to speak or present a petition on any item included on the agenda or any other matter relating to the terms of reference of the meeting. Please indicate your wish to speak at this point if your name has not been noted by Council staff.
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Mr Green, Secretary of the Hackney Carriage Association, addressed the Committee and spoke of his concerns with regard to the CCTV Policy. Mr Green asked whether it would be possible for the Council to purchase a bulk amount to reduce the cost and questioned the time limit in which they would be required to install the CCTV system. There was discussion around the issue of sound recording and what would happen if a driver forgot to switch on the equipment or if a passenger requested that it be turned off? Mr Ruder responded that a pragmatic approach would be taken depending on the circumstances of each case.
Cllr Young, Chairman, explained that the main aim was to protect drivers as well as the customers and that there would be a six week consultation period for both drivers and members of the public to give their views. The Committee would consider the outcome of the consultation at the meeting in November.
Ms Hardy, Manager of Panther Cabs, addressed the Committee acknowledging the importance of CCTV and explaining that her main concern was cost. Many of her drivers already had CCTV in their cars that had not cost anywhere near the £300-£600 that had been quoted for a system likely to meet the Council’s standard. Concerns were also expressed around the filming of children and the use of CCTV when the vehicle was being used as a private vehicle. Mr Ruder responded that the Council would only ever request to see footage if there was a complaint either by a passenger or by a driver and that drivers would have no facility to be able to review or access any footage recorded by their system.
Cllr Young explained that if a good deal could be made with a provider they’re could be a big chance of the equipment being cheaper but encouraged all parties to get involved in the 6 week consultation so all areas could be looked at.
Mr Fisher, Manager of All The 8’s, explained to the Committee that most of his cars already had CCTV fitted at a unit cost considerably lower than the current price being quoted. If the CCTV policy was to go ahead it would cost him around £20,000 to make all his cars compliant. He also raised concerns regarding insurance cover; some policies required the installation of certain equipment and it was unclear how this equipment would work alongside the new CCTV that the Council required.
Cllr Young requested officers to carry out some further work in relation to the purchasing of CCTV during the six week consultation period so that the matter could considered again at the end of the consultation period.
The Committee is asked to consider further changes to the Hackney Carriage and Private Hire Licensing Policy including the Policy in relation to CCTV and to approve a further period of consultation.
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The Committee considered a report by the Assistant Director of Environment on the further changes to the Hackney Carriage and Private Hire Licensing Policy including the Policy in relation to CCTV and to approve a further period of consultation.
The Committee enquired about the Town Police Clauses Act 1847 and the Local (Miscellaneous Provisions) Act 1976 and the legal position regarding CCTV. Mr Ruder informed the Committee that the 1847 and 1976 Acts were not specific with CCTV but were generally about being ‘Fit and Proper’ and protecting drivers and the public alike. CCTV is not specifically in the legislation but legislation gives the licensing officers the ability to have a policy, which can then include the requirement to have CCTV in all licensed vehicles.
The Committee asked Mr Ruder several further questions with regard to CCTV and he informed the Committee that some other Councils already operated the system the Council was currently suggesting and recorded conversations in certain circumstances. Mr Ruder reiterated that the Council would only request the CCTV in response to a complaint and that data was only retained for 28 days.
RESOLVED that the amendments to the Taxi Policy, as set out in the report, be agreed and that there be a further six week consultation period with the results reported to the November meeting of the Committee.
This report seeks the Licensing Committee’s approval of the Pavement Permit Policy and subsequent referral to Full Council.
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The Committee considered a report by Mr Ruder, Licensing, Food and Safety Manager, with regard to an introduction of a pavement permits. It was hoped that the permit and conditions system would encourage a café culture in relation to bars, pubs, restaurants and cafes within the town centre. The report sought the Committee’s approval of the Pavement Permit Policy prior to its referral to Full Council.
The Committee questioned the cost of a permit, which was currently a single flat rate irrespective of the size of the premises, and asked that officers look again at the fee to see if it was possible to make the fee proportionate to the size of the venue. One member expressed concern at the implications of the policy for disabled access
RESOLVED that after a formal vote, 5 members in favour and 1 against, the proposed Pavement Permit Policy be agreed and will come back to a future meeting with regards to the cost of a permit.
The Committee is asked to consider changes to its scheme of delegation to the Assistant Director - Environment.
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Mrs White addressed the Committee on amendments to the Scheme of Delegation from the Licensing Committee to enable officers to act under delegated powers whilst bringing to Committee those matters which require its determination.
RESOLVED that the Scheme of Delegation to Officers by the Licensing Committee be approved.
This report sets out the current Work Programme 2018-2019 for the Licensing Committee. This provides details of the reports that are scheduled for each meeting during the municipal year.
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Mr Ruder addressed the Committee and asked for its input with regard to the licensing work plan for the forthcoming year, after taking on the previous requests from the previous meeting.
RESOLVED that the itinerary for future meetings be agreed and the Hackney Carriage and Private Hire Licensing Policy be reported to the Committee on 14 November 2018 to allow time for the six week consultation period.
11
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).