Agenda and minutes

To appoint a Vice-Chair for the duration of the 2023/24 municipal year

The Chair requested nominations for Vice-Chair of the Licensing Committee for the municipal year 2023/24.

It was proposed by Councillor Andrew Gardiner and seconded by Councillor Tim Hamilton-Cox:

That Councillor Margaret Pattison be appointed Vice-Chair of the Licensing Committee.

It was then proposed by Councillor Shelagh McGregor and seconded by Councillor Martin Bottoms:

That Councillor Gerry Blaikie be appointed Vice-Chair of the Licensing Committee.

After being taken to the vote the Chair declared Councillor Pattison’s appointment as Vice-Chair of the Licensing Committee.

Resolved:

That Councillor Margaret Pattison be appointed Vice-Chair of the Licensing Committee for the municipal year 2023/24.

Minutes of meeting held on 16 March, 2023 (previously circulated). 

The minutes of the meeting held on 16 March were signed by the Chair as a correct record.

There were no items of urgent business.

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

Councillors 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, Councillors 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, Councillors 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 Licensing Officer

The Licensing Officer presented a report outlining the unannounced vehicle checks carried out on 3 May on the rear car park at Morecambe Town Hall by Licensing Enforcement Officers and DVSA.  The checks were carried out on both Hackney carriages and Private Hire vehicles; 11 defect notices and 3 suspension notices were issued by Licensing staff and 3 prohibition notices by DVSA.  Several questions were raised by members:

·       How many taxi drivers did not turn up to be checked and will non-attendees get into trouble?

·       The Licensing Manager confirmed that they will be contacting non-attendees.

·       Members asked about the feasibility of drug testing at the same time.

·       The Licensing Manager agreed to investigate the legality of drug testing.

·       Members asked if it would be possible to get an idea of the number of hours drivers were working.

·       The Licensing Manager agreed to send out guidelines to operators on safe and suitable driving times as it is difficult to legislate on working hours.

Resolved:

That the report be noted.

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 ground that it could involve the possible disclosure of exempt information, as defined in paragraph 1 of Schedule 12A of that Act.” 

Councillors are reminded that, whilst the following item has been marked as exempt, it is for the Committee to decide whether or not to consider it in private or in public.  In making the decision, Councillors 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, Councillors should also be mindful of the advice of Council officers. 

It was moved by Councillor Tim Hamilton-Cox, seconded by Councillor Andrew Gardiner and unanimously agreed:

Resolved:

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, exempt item 7, on the grounds it could involve the possible disclosure of exempt information, as defined, in Paragraph 1 of Schedule 12A of that Act.

Report of the Licensing Officer

The press and public will be readmitted to the meeting at this point

The Licence Holder requested an adjournment as his solicitor was not available to represent him.

It was proposed by Councillor Sally Maddocks and seconded by Councillor Tim Hamilton-Cox that this item be adjourned until the next meeting.  A vote was taken, and the motion was carried.

Resolved:

That the item be deferred until the next meeting.

THE PRESS AND PUBLIC WERE RE-ADMITTED TO THE MEETING.

Report of the Licensing Manager

The Licensing Manager introduced the report on Licensing Fees and Charges 2023/24.  She explained that the aim is to allow for full cost recovery not to recoup the £80k deficit from earlier years but to become cost neutral.  The aim for miscellaneous/taxi related fees is to increase by 20% across the board with a view to achieving full cost recovery in 2024/25.

It was proposed by Councillor Tim Hamilton-Cox and seconded by Andrew Gardiner,

“That miscellaneous/taxi related fees increase by 20% this year as proposed in the report but that the rate is further reviewed in 2024/25.”

It was proposed by Councillor Andrew Gardiner and seconded by Councillor Gerry Blaikie,

“That animal related licences and charges are set to allow for full cost recovery as detailed in the review.”

Resolved:

(1)   That miscellaneous/taxi related fees increase by 20% this year as proposed in the report but that the rate is further reviewed in 2024/25.

(2)   That animal related licences and charges are set to allow for full cost recovery as detailed in the review.

Report of the Licensing Manager

The Chair called for nominations for two Sub-Committee Chairs in addition to the Chair and Vice-Chair.

Councillors Andrew Gardiner and Gerry Blaikie were nominated as Sub-Committee Chairs.

There being no further nominations, the Chair declared that Councillors Andrew Gardiner and Gerry Blaikie be appointed as Licensing Sub-Committee Chairs.

Resolved:

That Councillors Andrew Gardiner and Gerry Blaikie be appointed as Sub-Committee Chairs along with the Chair and Vice-Chair of the Licensing Committee.

Report of the Licensing Manager

The Licensing Manager introduced a report on the Taxi Working Group which requested members to review the membership of the group and consider its priorities.

The Group was advised that the convention was that the Chair of the Licensing Committee was also the Chair of the Taxi and Private Hire Working Group.

The Chair called for nominations to the Taxi Working Group in addition to the Chair.

Councillors Erin Hall, Martin Bottoms and Andrew Gardiner were nominated to the Taxi Working Group.  There being no further nominations the Chair confirmed that Councillors Erin Hall, Martin Bottoms and Andrew Gardiner, in addition to Councillor Sally Maddocks as Chair, be appointed members of the Taxi Working Group.

The Committee discussed the terms of reference of the group and agreed to design a work model for the group incorporating a more informal way of working.

Resolved:

(1)   That Councillors Erin Hall, Martin Bottoms and Andrew Gardiner, in addition to Councillor Sally Maddocks as Chair, be appointed members of the Taxi Working Group.

(2)   That members of the Licensed Trade be invited to attend the Taxi Working Group.

(3)   That the Taxi Working Group set a date to meet and re-set the terms of reference.