Agenda item

Report of the head of governance.

The head of governance submitted a report in order to enable members to consider introducing public speaking rights at meetings of the committee.

The Licensing manager reminded members that the workload of the committee was divided between consideration of individual applications and more general items relating to licence conditions and licensing fees.  The workload related predominantly to hackney carriage and private hire licensing, although reports on other licensing matters such as street collections and animal welfare licences were also considered from time to time.

For many years it had been the practice that when the committee was considering an individual licence that the individual licence holder to be invited to attend the meeting to make representations and to answer members’ questions.  The individual could be represented and was given the opportunity to call witnesses. The press and public were generally excluded from such items as confidential and personal information is considered, and the written report considered by members is not published.  This procedure ensures that the interests of the individual are protected, and is compliant with the rules of natural justice and human rights legislation.

Reports on more general issues, such as licence conditions, conditions of application, licensing fees and hackney carriage fares were dealt with in the open part of the meeting when the press and public could be present.  The council’s constitution did not provide for the public to speak at committee meetings. However, there were special public speaking rules for Council, Cabinet and for the Planning and Highways Regulatory Committee.

The issue had not previously been raised in respect of the Licensing Regulatory Committee, and it had always been the practice to consult with the trade through the Taxi Liaison Group and the Taxi Forum before submitting reports to the committee.   It was reported that a number of the committee’s members had asked whether it would be possible to allow public speaking at the committee. Officers were of the opinion that there was no reason why a procedure similar to those used at Council and Cabinet meetings should not be adopted. 

The committee were advised in detail of the current public speaking scheme, as set out in the council’s constitution (Rule 2.7 of the Cabinet Procedure Rules).

Members were advised that if they were minded to approve public speaking at meetings of the committee a similar scheme could be adopted. A draft scheme was attached to the report and members were advised that it was open to them to make amendments to the draft, in particular with regard to the maximum number of speakers at any meeting or on any item, and the length of time they would be permitted to speak. 

It was not intended that any such scheme would replace the Taxi Liaison Group or the Taxi Forum, which would continue to be the means of consulting with and seeking the views of the trade.  If the scheme were adopted, members would need to consider the comments of public speakers in the context of the interests of the trade and/or the public as a whole.

Members were reminded that as a regulatory body, the committee’s overriding principles had to be public protection and safety, and it would be important for the committee to balance any views expressed by speakers with the wider public interest and with the professional advice given by officers.  It would also be important for proceedings to be regulated so that once the public speaking on a particular item was complete, there was no further public participation whilst the item was being debated and a decision made.

Councillor Johnson asked to clarify that all members of the public would be permitted to speak at committee meetings and that it would not be limited to members of the taxi trade. It was advised that anyone would be able to register to speak provided that they followed whatever procedure the committee should be minded to approve.

It was proposed by Councillor Burns and seconded by Councillor Hill: -

“(1)      That a public speaking scheme for Licensing Regulatory Committee be implemented, and that the rules of the scheme be agreed as set out in the report.

(2)     That the committee recommend to Council that such rules be included in the constitution.”

Upon being put to the vote, members voted unanimously in favour of the proposition, whereupon the vice-chairman declared the proposition to be carried.

 Resolved:

(1)        That a public speaking scheme for Licensing Regulatory Committee be implemented, and that the rules of the scheme be agreed as set out in the report.

(2)        That the committee recommend to Council that such rules be included in the constitution.