Agenda and minutes

Licensing Regulatory Committee
Thursday, 7th February 2019 1.00 p.m.

Venue: Lancaster Town Hall

Contact: Jane Glenton, Democratic Services - telephone (01524) 582068, or email  jglenton@lancaster.gov.uk 

Items
No. Item

18.

Minutes

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

Minutes:

The Minutes of the meeting held on 22nd November 2018 were signed by the Chairman as a correct record.

19.

Items of Urgent Business authorised by the Chairman

Minutes:

There were no items of urgent business authorised by the Chairman.

20.

Declarations of Interest

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. 

Minutes:

There were no declarations of interest.

21.

Exempt Item

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.”

 

Members are reminded that, whilst the following item has been marked as exempt, it is for Committee itself to decide whether or not to consider it 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.

Minutes:

The Chairman advised Members that it had been recommended to exclude the press and public from the meeting for the following item of business on the ground that it could involve the possible disclosure of exempt information.

 

It was moved by Councillor Redfern and seconded by Councillor Guilding:

 

“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.”

 

A vote was taken and the motion was unanimously carried.

 

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

22.

Application for the Renewal of Private Hire Driver's Licence - Graham Richard Lee

Report of Licensing Manager

Additional documents:

Minutes:

The Committee received the report of the Licensing Manager to enable Members to consider whether to renew Mr. Lee’s private hire driver’s licence, as amended to a dual driver’s licence.

 

Details of the individual case and the Chairman’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:

 

That Mr. Lee’s private hire driver’s licence, amended to a dual driver’s licence, as requested, be renewed, with a letter of reprimand for driving without a private hire driver’s licence.

23.

Disclosure and Barring Service Checks (DBS Checks) pdf icon PDF 80 KB

Report of Licensing Manager

Additional documents:

Minutes:

The Committee received the report of the Licensing Manager to ask Members to consider proposed changes to the Licensing Service by amending terms and conditions so that all applicants for private hire and hackney carriage driver’s licences signed up to the Disclosure and Barring update service.

 

It was reported that, currently, applicants completed a Disclosure and Barring Service application upon initial application and every 3 years thereafter.  Licensing staff completed identity checks before submitting the application to the Disclosure and Barring Service for background checks to be carried out and a certificate issued.

 

Applicants who were applying to renew their licence received documents 3 months in advance of their licence expiry date, including Disclosure and Barring Service instructions,

 

Despite the early notice and reminder, the Licensing Service had been experiencing issues with certificates not being returned before the expiry of the licence.  In such circumstances, a licence would not be renewed until the required Disclosure and Barring Service clearance had been received.  This could lead to the driver being unable to work for a period of a few weeks or more.

 

It was anticipated that if all drivers used the Disclosure and Barring update service, the problems experienced by Licensing Services would be eliminated, except where the information indicated that there had been a change since the last certificate.  By using the update service, drivers would be provided with the assurance that, unless their circumstances changed, they would always have a valid Disclosure and Barring Service certificate.

 

The options available to Members were set out in the report as follows:

 

Option 1          To make no changes to current procedure.

 

Option 2          To amend new and renewal application procedures for private hire and hackney carriage drivers to include a mandatory requirement for all drivers to sign up to the Disclosure and Barring Service update service.

 

Following questions, it was proposed by Councillor Clift and seconded by Councillor Hanson:

 

“That Option 2 be approved.”

 

It was then proposed by Councillor Hanson:

 

“That Option 2 be approved, pending a 30-day consultation period with the Trade, the outcome of which is to be reported to the next meeting of the Committee.”

 

With the agreement of the meeting and his seconder, Councillor Clift accepted this as a friendly amendment.

 

At the conclusion of the debate a vote was taken and the motion was unanimously carried.

 

Resolved:

 

That new and renewal application procedures for private hire and hackney carriage drivers be amended to include a mandatory requirement for all drivers to sign up to the Disclosure and Barring Service update service, pending a 30-day consultation period with the Trade, the outcome of which is to be reported to the Committee.