Agenda and minutes

To appoint a Vice-Chairman for the 2018/19 municipal year.

The Chairman requested nominations for the position of Vice-Chairman of the Licensing Regulatory Committee for the Municipal Year 2018/19.

It was proposed by Councillor Robert Redfern and seconded by Councillor Ian Clift that Councillor Terrie Metcalfe be appointed Vice-Chairman of the Licensing Regulatory Committee for the Municipal Year 2018/19. There being no further nominations, the Chairman declared the proposal to be carried.

Resolved:

That Councillor Terrie Metcalfe be appointed Vice-Chairman of the Licensing Regulatory Committee for the Municipal Year 2018/19.

Minutes of the meeting held on 22 March 2018 (previously circulated). 

The Minutes of the meeting held on 22^nd March 2018 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.

Report of the Principal Licensing Officer

The Committee received a report of the Principal Licensing Officer to consider and determine whether to amend the current licence condition in relation to the type of fire extinguisher required to be carried in Hackney Carriage and Private Hire vehicles.

The Principal Licensing Officer presented the report and explained that at a previous meeting of the Licensing Regulatory Committee on 31^st August 2017 it was resolved that a sub-committee be set up comprising of members, officers and members of the trade. The Principal Licensing Officer explained that the sub-committee known as the ‘Taxi Working Group’ had now been set up and when the group met on 29^th June 2018, they discussed the types of fire extinguishers that may be used in licensed vehicles and the pros and cons of each type.

It was reported that although there was a requirement within the Council’s Rules, Regulations and Procedures, for Hackney Carriage & Private Hire Licensing for members of the trade, to provide a suitable and efficient fire extinguisher (which must be readily available for use) there was not however any specification about the type of fire extinguisher that was required or any further obligations.

It was also reported that during previous vehicle compliance checks, officers working for VOSA had expressed concerns about the use of dry powder fire extinguishers in confined spaces. Alternative advice from Lancashire Fire and Rescue Service, explained the pros and cons of both dry powder extinguishers and foam extinguishers. It was concluded that there was insufficient guidance regarding both options.

Members asked several questions of the Principal Licensing Officer present regarding the report which included:

·         Potential for members of the trade to be ‘breaching their licence’ if the dry powder extinguisher requirement was implemented immediately;

·         Consultation of experts showing no clear preference for either type of extinguisher;

·         Training for fire extinguisher use;

·         Location of fire extinguisher in vehicles;

·         Emphasis that all extinguishers should be in date.

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

“That with regard to the requirement for a fire extinguisher, the conditions of vehicle license for all Hackney Carriage and Private Hire vehicles remain unchanged and therefore, all Hackney Carriage and Private Hire vehicles must have a working and reliable fire extinguisher in the vehicle and crucially it must be in date.”

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 with regard to the requirement for a fire extinguisher, the conditions of vehicle license for all Hackney Carriage and Private Hire vehicles remain unchanged and therefore, all Hackney Carriage and Private Hire vehicles must have a working and reliable fire extinguisher in the vehicle and crucially it must be in date.

Report of the Principal Licensing Officer

The Committee received a report of the Principal Licensing Officer to inform the Committee of the outcome from the recent unannounced checks carried out jointly with Licensing Enforcement Officers, Lancashire Police, HMRC and VOSA on Licensed Hackney Carriages and Private Hire vehicles operating in Lancaster. As well as to consider amending vehicle licence conditions to include the specification of the first aid kit required to be carried in licensed vehicles operating in Lancaster.

The Principal Licensing Officer presented the report and explained the process and purpose of the unannounced checks which were carried out on 2^nd and 3^rd August 2018. A summary of the inspection results was outlined as follows:

·         160 individual vehicle inspections were carried out;

·         52 Hackney Carriages and 108 Private Hire Vehicles were checked;

·         Licensing staff issued 86 defect notices & 8 suspension notices;

·         VOSA issued a handful of prohibition notices;

·         HMRC found no contraventions.

It was further stated that all the vehicles that were not checked were due to be followed up and were now subject to an inspection in the coming weeks. It was explained that unannounced checks had great benefit as they enabled more reflective realistic results.

Members asked several questions of the Principal Licensing Officer present and topics included:

·         Provision for first aid training for members of the trade;

·         Approval of unannounced checks and potential plans for more in future;

·         Methods of inspecting the vehicles that were not checked recently and how to reach out to those members of the trade;

·         Clarification on ‘heavy duty shears’ in the first aid kit specification;

·         MOT costs and requirements for members of the trade.

Members had a discussion regarding the current MOT arrangements for members of the trade and it was felt that the matter needed to be addressed and investigated. With the Committee’s unanimous agreement, the Chairman requested that the Principal Licensing Officer investigate the current MOT arrangements for members of the trade and report the findings to the Taxi Working Group to discuss.

With regard to the recommendations as set out in the report it was proposed by Councillor Joan Jackson and seconded by Councillor Tim Hamilton-Cox,

“That the recommendations as set out in the report be approved and that there should be an acceptable standard for a first aid kit which should include the specification as set out in the report.”

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 Principal Licensing Officer investigate the current MOT arrangements for members of the trade and report the findings to the Taxi Working Group to discuss.

(2)          That the report be noted.

(3)          That the vehicle licence conditions be amended to include the specification of the first aid kit required as set out in the report.