Agenda and minutes

Minutes of meeting held on 7^th September 2023 (previously circulated). 

The minutes of the meeting held 7^th September 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.

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 Gardiner, seconded by Councillor Bottom 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, 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 Licencing Enforcement Officer

The Committee received the report of the Licensing 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.30 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 30.

Report of the Licensing Manager

The Licensing Officer presented a report which provided members with the outcome of the public and trade consultation regarding application standards for Hackney Carriage and Private Hire Drivers.

It was reported that at the meeting of the Committee on the 7^th September 2023 members had considered a report on the Review of Application Standards for Hackney Carriage and Private Hire Drivers. Members had been presented with options to consider, including amendments to disclosure and barring certificate providers, training requirements and driving assessments as part of the application process.

It was determined that a period of consultation be undertaken prior to any decision by the Committee.

The Committee was advised that the consultation had run from the 2^nd October to the 30^th October 2023 and had consisted of a survey of 11 questions.

201 responses had been received plus a further 5 emails. The survey responses and emails were appended to the report for the Committee’s consideration.

It was reported that the Licensing Manager had met with Lancaster and Morecambe College who could no longer provide the City and Guilds Level 2 qualification currently required as part of the licenced driver application process but had proposed a bespoke 2-day certificate instead.

Members asked a number of questions in relation to the driver test and the 2 day certificate as well as discussing the driver shortages.

The Committee thanked the Licensing Team for the diligent way they had completed the consultation and presented the findings as well as the work done with Lancaster and Morecambe College.

It was proposed by Councillor Hamilton-Cox and seconded by Councillor Bottoms that;

“The following recommendations be taken to the next Taxi Working Group meeting and those discussions be reported back to the next Licensing Committee meeting for a final decision to be made;

1)    Adoption of a driving test subject to more details of the test being provided by the Licensing Team.

2)    Outsource DBS checks on behalf of new and renewal applications for Private Hire and Hackney Carriage driver’s licences.

3)    Adopt the 2-day certification course provided by Lancaster and Morecambe College as a requirement to be completed prior to licensing.

A vote was taken and unanimously carried.”

Resolved:

That the following recommendations be taken to the next Taxi Working Group meeting and those discussions be reported back to the next Licensing Committee meeting for a final decision to be made;

1)    Adoption of a driving test subject to more details of the test being provided by the Licensing Team.

2)    Outsource DBS checks on behalf of new and renewal applications for Private Hire and Hackney Carriage driver’s licences.

3)    Adopt the 2-day certification course provided by Lancaster and Morecambe College as a requirement to be completed prior to licensing.

Report of the Licensing Manager

The Licensing Officer presented a report on the Revised Statement of Licensing Policy (2023-2028) consultation responses.

The Committee was advised that the Licensing Authority was required, every 5 years, to review, consult and publish a Licensing Policy.

It was reported that at a previous meeting of the Committee members had approved a draft policy for consultation and the draft Statement of Licensing was published on the Council’s website for a consultation period from 18^th September to 30^th October 2023.

2 responses had been received and were appended to the report for members consideration.

It was proposed by Councillor Pattison and seconded by Councillor Blaikie and unanimously agreed;

“That the Statement of Licensing Policy be referred to Cabinet for approval with no amendments.”

Resolved;

1)    That the Statement of Licensing Policy be referred to Cabinet for approval with no amendments.