Agenda and draft minutes

Minutes of meeting held on 29 June, 2023 (previously circulated). 

The minutes of the meeting held 29 June 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.

WITH THE AGREEMENT OF THE COMMITTEE THE CHAIR BROUGHT FORWARD ITEM 8.

Report of the Licensing Manager

The Committee received the report of the Licensing Manager for the purpose of determination of a Signage request for a Private Hire Vehicle.

Details of the individual case and the Chair’s summary of the decision are set out in Minute No. 19.

Decision of the Committee:

The decision of the Committee is set out in Minute No. 19.

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 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 items have 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 Hamilton-Cox, seconded by Councillor Blaikie and unanimously agreed:

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, exempt items 6 and 7, on the grounds they could involve the possible disclosure of exempt information, as defined, in Paragraph 1 of Schedule 12A of that Act.

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 items of business, exempt items 6 and 7, on the grounds they could involve the possible disclosure of exempt information, as defined, in Paragraph 1 of Schedule 12A of that Act.

Report of the Licensing Enforcement Officer

The Committee received the report of the Licensing Enforcement Officer for the purpose of determining a dual driver’s licence (Hackney Carriage and Private Hire) renewal application.

Details of the individual case and the Chair’s summary of the decision are set out in Exempt Minute No. 21 in accordance with Section 100A (4) of the Local Government Act 1972.

Decision of the Committee:

The decision of the Committee is set out in Exempt Minute No. 21.

Report of the Licensing Officer

The press and public will be re-admitted at this point.

The Committee received the report of the Licensing Officer for the purpose of determining a private hire driver’s licence renewal application.

Details of the individual case and the Chair’s summary of the decision are set out in Exempt Minute No. 22 in accordance with Section 100A (4) of the Local Government Act 1972.

Decision of the Committee:

The decision of the Committee is set out in Exempt Minute No. 22.

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

Report of the Licensing Manager

WITH THE AGREEMENT OF THE COMMITTEE THE CHAIR BROUGHT FORWARD ITEM 10

The Licensing Manager introduced the report on Driver Application Standards for Private Hire and Hackney Carriage Drivers.  The purpose of the report is to review the “fit and proper” assessment for taxi driver licences with a view to streamlining the application process.  At a meeting of the Taxi Working Group in July 2023 members of the Licensed Trade raised concerns that the length of time taken to become licensed was a barrier to new applicants entering the trade. The Licensing Manager was asked to undertake a review of application standards and provide options to the Committee on how improvements could be made.  Members were asked to:

1)    Consider the options in the report and determine whether or not to amend application processes or standards.

2)    Consider that by amending or removing parts of the application process it may compromise public safety.  All decisions must take into account the protection of the public above all other factors.

Members asked a number of questions on whether the safeguarding tests were mandatory and queried whether the Knowledge Test was as important given the availability of onboard mapping systems to drivers.  With regard to the requirement for drivers over the age of 65 to complete an annual DVLA Group 2 medical members queried whether this was necessary given improved standards of health in this age group as it adds to costs and inconvenience for drivers.

The Committee agreed that a decision could not be reached without the report going out for further consultation.

It was proposed by Councillor Hall and seconded by Councillor Hamilton-Cox,

That the Committee defer decision making until after the Taxi Working Group on 19 September and until after public consultation.  Members will ask:

1)    That the Taxi Working Group prepares the questions to go out for consultation on the ‘Keep-Connected’ platform.

2)    That the Taxi Working Group gives its initial thoughts on proposals with a deadline to report back to the Licensing committee on 16 November.

Resolved:

That the Committee defer decision making until after the Taxi Working Group on 19 September and until after public consultation. Members will ask:

1)    That the Taxi Working Group prepares the questions to go out for consultation on the ‘Keep-Connected’ platform.

2)    That the Taxi Working Group gives its initial thoughts on proposals with a deadline to report back to the Licensing committee on 16 November.

Report of the Licensing Manager

The Licensing Manager introduced the report on the Extension to Pavement Licence Provisions.  Members were asked to approve the recommendations in the report including the retention of the existing fee of £100 set for the grant of a pavement licence for a further 12 months until 30 September 2024.

Members questioned why a café and public house should pay the same fee of £100 as arguably a public house causes more inconvenience to the public.

It was proposed by Councillor Pattison and seconded by Councillor Blaikie and agreed:

“That the recommendations of the report be accepted”

Resolved:

1)    That the recommendations of the report be accepted.

Report of the Licensing Manager

The Licensing Manager presented the draft Revised Statement of Licensing Policy 2023-2028.  The Licensing Act 2003 requires that a licensing authority publish a Statement of Licensing Policy for a five-year period.  Lancaster City Council’s Statement of Licensing Policy ‘expired’ in January 2021 but the Covid-19 pandemic impacted the ability of the Council to consult with all relevant bodies. 

As part of the consultation process, letters will be sent to all licence holders and other stakeholders, with a request for responses by Monday 30 October 2023.  The draft policy will be placed on the Licensing pages of the City Council website and hard copies will be available at the Town Halls in Morecambe and Lancaster.

It was agreed unanimously:

“That the report be noted.”

Resolved:

1)    That the report be noted.