Agenda item

The Committee received the report of the Chief Executive to enable Members to review the arrangements for Licensing Surgeries. 

It was recommended that, in reviewing any future arrangements, consideration should be given to the terms of reference of the Surgery and which Members should attend.  It was proposed that the remit of the Surgery should be to consider general policy issues relating to the licensing of hackney carriage and private hire vehicles, and that it be made clear that it was not within the remit of the Surgery to consider individual cases or operational matters.  Any issues raised should be referred to officers, the Committee or Cabinet, as appropriate.

It was suggested that the Surgery would be more focused and effective if it were to be held by the Chairman alone, or by the Chairman and the Vice-Chairman, with officer support, which would make a clear distinction between the Surgery and the formal Committee.  Once an issue was raised at the Surgery, the Chairman could then, if appropriate, request officers to prepare a report for the Committee, provided that the issue was properly a matter for consideration by the Committee.  This would ensure that all the relevant information could be provided to enable the Committee to consider the matter and make any necessary decision.

Each Surgery would be supported by one or two chief officers of the Council.  Licensing officers would not be in attendance.  This would emphasise that it was not the role of the Surgery to consider operational matters, or to provide immediate explanations or responses, but rather to ensure that issues raised were followed up and referred to the appropriate decision-maker.

The above changes would make the role of the Surgeries clearer and their operation more effective. It was reported that Members might also wish to consider whether an appointment system should be introduced for each Surgery, with a maximum of two individuals attending each appointment.

It was proposed by Councillor Hartley and seconded by Councillor Redfern:

“That the recommendation set out in the report be approved, namely:

(1)        That the terms of reference of the Surgery be clarified so that they provide an efficient and effective mechanism for individual hackney carriage and private hire licence holders to raise issues, which may then be referred for further consideration by officers, the Committee, or Cabinet, as appropriate. 

(2)        That future Surgeries be attended by the Chairman and the Vice-Chairman, supported by officers.”

It was then proposed by Councillor Mace, by way of amendment, and seconded by Councillor Guilding:

“(1)      That the terms of reference of the Surgery be clarified so that they provide an efficient and effective mechanism for individual hackney carriage and private hire licence holders to raise issues, which may then be referred for further consideration by officers, the Committee, or Cabinet, as appropriate.

(2)        That:

(a)        future Surgeries be attended by the Chairman/Vice-Chairman;

(b)        any other member or substitute member of the Licensing Regulatory          Committee be       entitled to attend future Surgeries;

            (c)        a Surgery be able to receive no more than two members of the trade at                 a time;

(d)       the Committee requests that each Surgery be attended by a legal representative and an officer from Democratic Services

            (e)        arrangements be made for members of the trade to wait in a separate        room to await being summoned into the Surgery;

(f)        Surgeries be held at times to be arranged.”

It was then proposed by Councillor Redfern, by way of a friendly amendment:

“That meetings of the Surgery be rotated between Morecambe and Lancaster.”

The friendly amendment was accepted by Councillors Mace and Guilding.

Following debate, Members voted on the amended motion.  Seven Members voted in favour of the proposition and 1 against, whereupon the Chairman declared the amended motion to be carried.

Resolved:

(1)        That the terms of reference of the Surgery be clarified so that they provide an efficient and effective mechanism for individual hackney carriage and private hire licence holders to raise issues, which may then be referred for further consideration by officers, the Committee, or Cabinet, as appropriate.

(2)        That:

(a)        future Surgeries be attended by the Chairman/Vice-Chairman;

(b)        any other member or substitute member of the Licensing Regulatory          Committee be             entitled to attend future Surgeries;

            (c)        a Surgery be able to receive no more than two members of the trade at                 a time;

(d)       the Committee requests that each Surgery be attended by a legal representative and an officer from Democratic Services

            (e)        arrangements be made for members of the trade to wait in a separate        room to await being summoned into the Surgery;

(f)        Surgeries be held at times to be arranged;

(g)        meetings of the Surgery be rotated between Morecambe and         Lancaster.