Agenda and minutes

The minutes of the meeting held on 21 July 2011 were signed by the vice-chairman as a correct record.

There were no items of urgent business.

There were no declarations of interest.

The Committee is recommended to pass the following recommendation in relation to the following item:

“That, in accordance with Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business, on the grounds that it could involve the possible disclosure of exempt information, as defined in paragraph 1 of Schedule 12A of that Act.”

Members are reminded that, whilst the following item has been marked as exempt, it is for the Committee itself to decide whether or not to consider it in private or in public.  In making the decision, Members should consider the relevant paragraph of Schedule 12A of the Local Government Act 1972, and should balance the interests of individuals, or the Committee itself, in having access to information.  In considering their discretion, Members should also be mindful of the advice of Council Officers.

In accordance with Section 100A(4) of the Local Government Act 1972, the press and public were excluded from the meeting for the following item of business on the grounds that it could involve the possible disclosure of exempt information as defined in paragraph 1 of Schedule 12 of the Act.

Councillor Margaret Pattison left the meeting at this point.

Report of Senior Licensing Officer.

The licensing manager introduced a report to enable members to consider whether to continue to allow the applicant’s grant of a waiver of the standard vehicle licence conditions requiring the display of a licence plate and the council’s uniform door signage.

Details of the individual case and the chairman’s summary of the decision are set out in exempt minute no. 27, in accordance with Section 100A of the Local Government Act 1972.

It was proposed by Councillor Burns and seconded by Councillor Denwood: -

“That the waiver of the standard licence conditions requiring the display of the official licence plate and the council’s uniform door signage be withdrawn, and that with immediate effect these conditions be reapplied to the vehicle licence on grounds of safety.”

Upon being put to the vote members voted unanimously in favour of the proposition, whereupon the chairman declared the proposition to be carried. 

Resolved:

That the waiver of the standard licence conditions requiring the display of the official licence plate and the council’s uniform door signage be withdrawn, and that with immediate effect these conditions be reapplied to the vehicle licence on grounds of safety.

The press and public were readmitted to the meeting at this point.

Councillor Pattison returned to the meeting at this point.

Report of Licensing Manager.

The licensing manager introduced a report to enable members to consider the outcome of the recent consultation on the continued use of the policy which had resulted in the removal of an age restriction for hackney carriage and private hire vehicles.

Members were reminded that at the Licensing Regulatory Committee meeting on 2 September 2010 the Committee had approved the introduction of a policy which removed the condition on age restriction for private hire and hackney carriage vehicles licences. This had been decided following discussions at the Taxi Liaison Group, the receipt of a representation from a member of the trade and in line with the Department for Transport Best Practice Guidance, which was outlined in the report.

Prior to this the following condition had been attached to vehicles licensed as hackney carriages or private hire vehicles by this authority:-

“Vehicles for which Hackney Carriage/Private Hire licences are applied for must be under 5 years of age from date of first registration and on attaining 10 years of age from date of first registration, will cease to be licensed by this authority and will no longer be able to function as licensed Hackney Carriages/Private Hire vehicles within the Lancaster City.

Exceptions to the 10 years age limit may be made in the case of certain vehicles, i.e. limousines, such as Rolls Royce, Bentley etc. Applications for such exceptions must be made in writing to the Licensing Manager.

In the case of London type Cabs, and certain executive vehicle, the upper age limit shall be 15 years old with replacement vehicles being less than six years old.”

Following the committee’s decision on the 2 September 2010 some members of the trade had made representations to members of the Licensing Regulatory Committee.

There had been concern that the removal of the age restriction would lead to the industry being flooded with ‘bangers.’ In order to ensure that this didn’t happen the licensing manager had prepared a report for the committee. The report recommended that the following condition be included in the policy

“Any vehicle submitted for licensing that is 10 years old or older, or any vehicle which continues to be licensed beyond the age of 10 years must be in exceptional condition and must be approved by the Licensing Regulatory Committee, on initial application and each subsequent renewal. Any such vehicle will be subject to a full test at the Council’s designated testing station every 4 months.”

Members were reminded the report had not been considered in November, as members had asked for further extensive consultation on a number of matters. The removal of the age restriction had been included in that consultation process, which had taken place over a six month period concluding on 30 June2011.

A breakdown of the results of the consultation was outlined in the report. The committee considered this in detail.

Members were advised that over the past few months licensing officers had carried out inspections of all vehicles licensed by this authority, and had  ...  view the full minutes text for item 28.

Report of Licensing Manager.

The licensing manager presented a report to enable members to consider the outcome of the recent consultation on the requirement relating to access and egress of hackney carriage and private hire vehicles and whether the requirement should be maintained or amended.

Members were reminded that at the Licensing Regulatory Committee meeting on 2 September 2010 an updated version of Rules, Regulations and Procedures for Hackney Carriage and Private Hire Licensing had been approved. The purpose of this update had been to consolidate all information into one document which could then be issued to all licensed drivers, proprietors and operators. The document clarified the rules and regulations for the benefit of drivers, operators and proprietors as well as licensing officers. 

The document approved on the 2 September 2010 had included the requirement that:

“Access to all passenger seats must be unimpeded. Clear access and egress to all passenger seats must be provided, without the need to tip forward, fold or remove seats.  This will apply to all new and replacement vehicles licensed after this policy comes into force. If a seat has to be removed to comply with this requirement, it shall be removed from the nearside of the vehicle, from the row of seats, which are situated behind the front passenger seat.’

This requirement had been introduced on the grounds of public safety and comfort.

Members were reminded that following the committee’s decisions on the 2 September 2010 some members of the trade had made representations to members of the Licensing Regulatory Committee, and as a result members had asked for further extensive consultation on a number of matters. The access and egress arrangements had been included in that consultation process, which had concluded on 30 June 2011.

A breakdown of the result of the consultation was attached to the report. Members were advised that there was only a 13% response from the whole trade about this issue: 59% of the people responding disagreed with the above requirement which represented 7.8% of those consulted.

Members were reminded that as part of the consultation process, a trade fair had been organised, and vehicle suppliers had been invited to bring along vehicles that had been adapted to comply with this requirement as well as vehicles that did not comply.  Members of the trade, elected members, officers from Lancashire County Council transport section, and members of disability groups had been invited to attend the trade fair, and their feedback was requested

It was advised that those that had attended the trade fair had been asked to rate the vehicles from 1 to 5 on various aspects of access, egress, comfort, leg room etc., 1 being excellent, and 5 being impossible. A table of the results and some of the comments was attached to the report. It was noted that the results of the trade fair appeared to conclude that some vehicles are a lot more accessible and comfortable than others.

It was reported that the licensing manager had consulted with other local authorities,  ...  view the full minutes text for item 29.

Report of Licensing Manager.

The licensing manager presented a report to enable members to consider the outcome of the recent consultation on the adoption of a livery for hackney carriage vehicles.

Members were reminded that at the Licensing Regulatory Committee meeting on 2 September 2010 the committee had approved the introduction of a licence condition requiring  all new and replacement hackney carriage vehicles to be a specified colour, and a consequential licence condition that no new or replacement private hire vehicles should be that colour. This was to be subject to consultation with members of the trade regarding the chosen colour. A copy of the report and the minutes of the meeting were attached to the report.

Following the Committee’s decision on the 2 September 2010 some members of the trade had made representations to members of the Licensing Regulatory Committee. As a result members had asked for further extensive consultation on a number of matters. The introduction of livery had been included in that consultation process, which had taken place over a six month period concluding on 30 June 2011. A breakdown of the result of the consultation was attached to the report.

Members were reminded that during the latter few months of 2010, an unmet demand survey had been carried out on behalf of Lancaster City Council by a company called Mouchel. The principal objective of the study was to determine what level of demand had existed for hackney carriage services in the Lancaster City Council licensing area. The survey had been commissioned to satisfy the current licensing legislation, and the Department for Transport Best Practice Guidance, in order to demonstrate clearly the grounds on which the council can defend its policy on restriction of hackney carriage vehicle numbers.

The committee considered the responses to the consultation in detail, and asked questions of the licensing manager accordingly.

It was proposed by Councillor Burns and seconded by Councillor Hill: -

“That the committee no longer proceed with the introduction of the licence condition requiring hackney carriages to be a specified colour, approved at its meeting on the 2 September 2010.”

Upon being put to the vote 6 members voted in favour of the proposition, with 1 abstention, whereupon the chairman declared the proposition to be carried. 

Resolved:

That the committee no longer proceed with the introduction of the licence condition requiring hackney carriages to be a specified colour, approved at its meeting on the 2 September 2010.