Agenda and minutes

Minutes of the meeting held on 1 June 2017 (previously circulated). 

The Minutes of the meeting held on 1^st June 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 referred to Agenda Item No. 9, which was the report of the Food, Safety and Licensing Manager – Proposed Variation of Hackney Carriage Fares – Notification of Objection Received.  Members were advised that, as the Food, Safety and Licensing Manager was unable to attend the meeting, the Chairman had determined that the item should be deferred and considered at a meeting of the Licensing Regulatory Committee, which would take place on Thursday, 3rd August 2017 at Lancaster Town Hall, starting at 1.00 p.m.

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 Food, Safety and Licensing Manager

The Committee received the report of the Food, Safety and Licensing Manager to enable Members to consider whether or not to renew Mr. Crawford’s dual hackney carriage and private hire driver’s licence.

Details of the individual case and the Chairman’s summary of the decision are set out in Exempt Minute No. 16, in accordance with Section 100A(4) of the Local Government Act 1972.

Decision of the Committee:

That Mr. Crawford’s application to renew his dual hackney carriage and private hire driver’s licence be approved, and that he be issued with a warning that he should, in future, disclose to the Council in writing details of any conviction, caution or fixed penalty imposed on him during the period of the licence within seven days of such change taking place.

The Committee adjourned for a 5 minute comfort break.

Report of 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. Woodcock’s dual driver’s licence be revoked, and that the revocation of the 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 Food, Safety and Licensing Manager

The Committee received the report of the Food, Safety and Licensing Manager to inform the Committee of the outcome from the recent unannounced checks carried out jointly with Licensing Officers and VOSA on licensed hackney carriages and private hire vehicles.

It was reported that roadside vehicle compliance and safety checks on licensed hackney carriage and private hire vehicles had been carried out on 14^th and 15^th June 2017 to determine whether vehicles complied with the Council’s standards for licensed vehicles and to assess their road worthiness.  No notice period had been given and the checks had been carried out unannounced.

The operation had been conducted in partnership with VOSA, working closely with Lancashire Police.  The drivers of the vehicles had been instructed on the day by police officers and via taxi operators to attend the inspections, which had been carried out on the rear car park of Salt Ayre Leisure Centre by licensing officers.

Vehicles that were not operating on the day or had not been found on the day or pulled in, due to time constraints on officers, would be followed up in the coming weeks.

A total of 176 individual vehicle inspections had been carried out, and 62 hackney carriages and 114 private hire vehicles had been checked.  Licensing staff had issued 75 defect notices and 2 suspension notices.  VOSA had issued 5 prohibition notices.  Defects had ranged from minor, e.g. vehicle cleanliness, to serious, e.g. bald tyres. 

The operation had identified some problems with the type of fire extinguishers carried.  The advice from VOSA was that dry powder extinguishers could lead to asphyxiation if used within the vehicle.  They recommended the use of water or foam extinguishers.  It was noted that once clarification had been received from VOSA, the conditions of licence might need to be varied, as they did not specify the type of extinguisher to be provided.

It was reported that licensing officers and VOSA felt that the lack of prior notice had resulted in a higher number of defects being detected, compared to the previous operation in September 2015, when 32 defect notices had been issued.

It was requested that consideration be given to the introduction of a penalty points system, and the Public Protection Group Manager advised that he would take this forward.

Resolved:

That the outcome from the recent unannounced inspections of licensed vehicles carried out on 14^th and 15^th June 2017 and the potential action arising in respect of the use of in car fire extinguishers and appropriate specification be noted.

Report of Food, Safety and Licensing Manager

The item was deferred for consideration on 3^rd August 2017.