Agenda and minutes

To appoint a Vice-Chairman for the 2017/18 municipal year.

The Chairman requested nominations for the position of Vice-Chairman of the Licensing Regulatory Committee for the Municipal Year 2017/18.

It was proposed by Councillor Hanson and seconded by Councillor Biddulph that Councillor Metcalfe be appointed Vice-Chairman of the Licensing Regulatory Committee for the Municipal Year 2017/18.  There being no further nominations, the Chairman declared the proposal to be carried.

Resolved:

That Councillor Metcalfe be appointed Vice-Chairman of the Licensing Regulatory Committee for the Municipal Year 2017/18.

Minutes of the meeting held on 23 March 2017 (previously circulated). 

The Minutes of the meeting held on 23^rd March 2017 were signed by the Chairman as a correct record.

There were no items of urgent business authorised by the Chairman.

To receive declarations by Members of interests in respect of items on this Agenda.

Members are reminded that, in accordance with the Localism Act 2011, they are required to declare any disclosable pecuniary interests which have not already been declared in the Council’s Register of Interests. (It is a criminal offence not to declare a disclosable pecuniary interest either in the Register or at the meeting.)

Whilst not a legal requirement, in accordance with Council Procedure Rule 9 and in the interests of clarity and transparency, Members should declare any disclosable pecuniary interests which they have already declared in the Register at this point in the meeting. 

In accordance with Part B, Section 2 of the Code of Conduct, Members are required to declare the existence and nature of any other interests as defined in paragraphs 8(1) or 9(2) of the Code of Conduct. 

There were no declarations of interest.

The Chairman advised that the Agenda would be re-ordered at this point to allow the Public Health and Protection Manager to leave the meeting.

Report of the Chief Officer (Health & Housing)

The Committee received the report of the Chief Officer (Health & Housing) to seek a decision regarding the levels of fees to be set for animal licensing for 2017/18.

Members were advised that it was a requirement of the Council’s Fees and Charges Policy that fees be reviewed annually.  The planned monitoring of the direct and indirect costs of animal licensing had been carried out.  This had, however, been affected by staffing changes in the last twelve months, and proposed developments in home boarding licensing could reduce officer time spent on the licensing process in future.

It was therefore intended that, in order to give a full and balanced view of future financial implications, monitoring should continue into 2017/18, and a review report brought to the Committee in February 2018 (or earlier, if appropriate). 

Members were advised that, meanwhile, it was appropriate to increase the fees to be charged during 2017/18 by 2% in order to cover inflationary rises, in line with other fees and charges applied during the 2017/18 Budget process.  The final amounts resulting from this increase would be appropriately rounded in line with the Fees and Charges Policy. 

The Options and Options Analysis were set out in the report as follows:

Option 1:  Approve a 2% increase (appropriately rounded in line with the Fees & Charges             Policy) with regard to animal welfare licences, as set out in Appendix A.

Option 2:  Approve a different level of percentage increase as decided by Committee.

Alternatively, it would be open to the Committee to consider alternative fee structures.

The officer preferred option was Option 1.

It was proposed by Councillor Joan Jackson and seconded by Councillor Metcalfe:

“(1)      That the licensing fees for animal-related licences for 2017/18 be as set out in       Appendix A to the report.

(2)       That a full cost recovery review be undertaken in a timely way during 2017/18 in order to fully inform licence fees and budget setting from 2018/19 onwards, in line with appropriate regulatory advice and the Council’s Fees and Charges Policy.”

Upon being put to the vote, Members voted unanimously in favour of the proposition, whereupon the Chairman declared the proposal to be carried.

Resolved:

(1)        That the licensing fees for animal-related licences for 2017/18 be as set out in Appendix A to the report.

(2)       That a full cost recovery review be undertaken in a timely way during 2017/18 in order to fully inform licence fees and budget setting from 2018/19 onwards, in line with appropriate regulatory advice and the Council’s Fees and Charges Policy.

The Public Health and Protection Manager left the meeting at this point.

Report of the Licensing Manager

The Committee received the report of the Food, Safety and Licensing Manager to enable Members to consider the findings of the unmet demand survey conducted by CTS Traffic and Transportation Ltd on the demand for the services of hackney carriages in the district.  A copy of the survey was attached to the report.

Members were advised that the survey had been carried out in late 2016 on the basis that there were currently 108 hackney carriage vehicles in Lancaster.  CTS had concluded that there did appear to be some unmet demand for hackney carriages at this time, which may be because of the way hackney carriages were operating, and this would not best be dealt with by issuing further hackney carriage licences.  The Council would be able to defend this in court, if necessary.

The Committee was informed of the findings from the survey relating to the quantity and availability of suitable wheelchair accessible vehicles in the taxi fleet, but felt that there was insufficient detailed information to support a decision.  The Committee felt there was a need for further detailed information to be made available, which may include further analysis of the demands for wheelchair accessible vehicles, whether there are sufficient suitable vehicles within the taxi fleet and whether their availability meets the needs of disabled customers.

Mr. Ian Millership of CTS was in attendance to present the findings of the survey in detail, to outline suggested ways forward and to answer questions from Members.

On completion of his presentation, and when all questions had been asked and answered, the Chairman thanked Mr. Millership for his comprehensive report.

The Committee then considered the main options, which were set out in the Committee report as follows:

a)         To maintain the existing policy unchanged, restricting the number of hackney        carriage licences to 108; or

b)         To consider reviewing the existing policy on the issue of hackney carriage             licences and allow for an increase beyond the current number.

Members noted that, should they be minded to consider a proposal to review the existing policy on the issue of hackney carriage licences, it would be necessary to consult all current stakeholders in that process.

It was proposed by Councillor Metcalfe and seconded by Councillor Mace:

“(1)      That the existing policy, restricting the number of hackney carriage licences to 108, be maintained.

(2)        That reports be presented to the Committee at the earliest opportunity on the following:

(a)          the problems identified in the unmet demand survey in relation to wheelchair accessible vehicles and the potential options;

(b)          the action taken in relation to the matters identified in the unmet demand survey as the way forward in relation to rank provision.”

Upon being put to the vote, Members voted unanimously in favour of the proposition, whereupon the Chairman declared the proposal to be carried.

Resolved:

(1)        That the existing policy, restricting the number of hackney carriage licences to 108, be maintained.

(2)        That reports be presented to the Committee at the earliest opportunity on the  ...  view the full minutes text for item 6.

The Chairman advised that the Agenda would be re-ordered at this point in consideration of Mr. Harpley being in attendance.

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

“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 items of business, on the grounds that they 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 items have been marked as exempt, it is for the Committee itself to decide whether or not to consider them 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 also whether the public interest in maintaining the exemption outweighs the public interest in disclosing the 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 items of business on the grounds that they could involve the possible disclosure of exempt information, as defined in paragraph 1 of Schedule 12A of that Act.

Report of the Licensing Manager

The Committee received the report of the Food, Safety and Licensing Manager to enable Members to consider what action, if any, to take in respect of Mr. Leon Harpley’s dual driver’s licence.

Details of the individual case and the Chairman’s summary of the decision are set out in Exempt Minute No. 8, in accordance with Section 100A(4) of the Local Government Act 1972.

Decision of the Committee:

That Mr. Harpley’s dual private hire and hackney carriage driver’s licence be suspended until he has passed the Driving Standards Agency test.

Report of the Democratic Services Manager

The Committee received the report of the Democratic Services Manager to inform Members of a decision taken by the Chief Officer (Health and Housing), in consultation with the Chairman of Licensing Regulatory Committee.

Decision of the Committee:

That the decision taken by the Chief Officer (Health and Housing), in consultation with the Chairman of Licensing Regulatory Committee, in relation to the following matter, be noted:

That Mr. Knight’s private hire driver’s licence be revoked, and that the revocation of the driver’s licence be with immediate effect in the interests of public safety.

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

Report of the Food, Safety & Licensing Manager

The Committee received the report of the Food, Safety and Licensing Manager to enable Members to consider the results of the consultation with hackney carriage proprietors in relation to the proposed variation of the current level of hackney carriage fares in line with the Retail Price Index (RPI) and to determine whether to approve the new table of fares, as set out in the Appendix 1 to the report.

It was reported that Members had agreed that they would recommend, in March each year, a proposal taking account of the current annual retail price index (RPI) rate, and that hackney carriage proprietors would then be asked to vote on whether an increase should be applied.  Financial Services had confirmed the relevant RPI rate for March 2017 was 3.1%.

Ballot papers had been sent out to 108 hackney carriage proprietors during the last week of March 2017, with a request for a vote YES or NO to a proposed increase, in line with the RPI in April 2017.  Ballot boxes had been placed at Lancaster and Morecambe Town Halls and the Council depot (VMU).  The ballot boxes had been collected on 28^th April 2017.  Of the 15 papers received, 12 had voted YES to an increase and 3 NO. 

Although not requested as part of the consultation, 24 copies of an alternative tariff had been put forward by some of the consultees, details of which were outlined to Members.

It was proposed by Councillor Mace and seconded by Councillor Rogerson:

“(1)      That the new table of fares, applying the RPI increase, be approved, to have effect from 1^st July 2017, and that the Food, Safety and Licensing Manager be authorised to advertise the new table of fares, as required by the legislation.

(2)        That a review be undertaken of the mechanism for applying annual fare increases, comparing the approaches taken elsewhere at similar authorities, and the outcome be reported to the Committee.”

Upon being put to the vote, 7 Members voted in favour of the amended proposition and one against, whereupon the Chairman declared the proposal to be carried.

Resolved:

(1)        That the new table of fares, applying the RPI increase, be approved, to have effect from 1^st July 2017, and that the Food, Safety and Licensing Manager be authorised to advertise the new table of fares, as required by the legislation.

(2)        That a review be undertaken of the mechanism for applying annual fare increases, comparing the approaches taken elsewhere at similar authorities, and the outcome be reported to the Committee.