Agenda, decisions and draft minutes
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Contact: Committee Administrator (KEJ) Email: democratic@denbighshire.gov.uk
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APOLOGIES Additional documents: Decision: Councillors Arwel Roberts and Peter Scott Minutes: Councillors Arwel Roberts and Peter Scott |
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APPOINTMENT OF CHAIR To appoint a Chair of the Licensing Committee for the ensuing year. Additional documents: Decision: RESOLVED that Councillor Hugh Irving be appointed Chair of
the Licensing Committee for the ensuing year. Minutes: Nominations were sought for Chair of the Licensing
Committee for 2020/21. Councillor Melvyn
Mile proposed, seconded by Councillor Huw Williams that Councillor Hugh Irving
be appointed Chair. Councillor Joan
Butterfield proposed, seconded by Councillor Barry Mellor that Councillor Pete
Prendergast be appointed Chair. There
being no further nominations and upon being put to the vote it was – RESOLVED that Councillor Hugh Irving be appointed Chair of
the Licensing Committee for the ensuing year. |
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APPOINTMENT OF VICE CHAIR To appoint a Vice Chair of the Licensing Committee for the ensuing year. Additional documents: Decision: RESOLVED that Councillor Brian Jones be
appointed Vice Chair of the Licensing Committee for the ensuing year. Minutes: The Chair invited nominations for Vice Chair of the
Licensing Committee for 2020/21.
Councillor Joan Butterfield proposed, seconded by Councillor Barry
Mellor that Councillor Pete Prendergast be appointed Vice Chair. Councillor Huw Williams proposed, seconded by
Councillor Melvyn Mile that Councillor Brian Jones be appointed Vice
Chair. There being no further
nominations and upon being put to the vote it was – RESOLVED that Councillor Brian Jones be
appointed Vice Chair of the Licensing Committee for the ensuing year. |
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DECLARATION OF INTERESTS PDF 115 KB Members to declare any personal or prejudicial interests in any business identified to be considered at this meeting. Additional documents: Decision: Councillor Barry Mellor – Personal and
Prejudicial Interest – Agenda Item 11 Minutes: Councillor Barry Mellor declared a personal and
prejudicial interest in agenda item 11 and left the meeting for the duration of
that item. |
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URGENT MATTERS AS AGREED BY THE CHAIR Notice of items which, in the opinion of the Chair, should be considered at the meeting as a matter of urgency pursuant to Section 100B(4) of the Local Government Act, 1972. Additional documents: Decision: No urgent matters had been raised. Minutes: No urgent matters had been raised. |
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MINUTES OF THE LAST MEETING PDF 407 KB To receive the minutes of the Licensing Committee held on 4 March 2020 (copy enclosed). Additional documents: Decision: RESOLVED that the minutes
of the meeting held on 4 March 2020 be received and confirmed as a correct
record. Minutes: The minutes of the Licensing Committee held on 4 March 2020
were submitted. RESOLVED that the minutes
of the meeting held on 4 March 2020 be received and confirmed as a correct
record. |
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REVIEW OF HACKNEY CARRIAGE AND PRIVATE HIRE LICENSING POLICY AND CONDITIONS PDF 222 KB To consider a report by the Head of Planning, Public Protection and Countryside Services (copy enclosed) seeking a review of the current Licensing Policy relating to Hackney Carriage (Taxi) and Private Hire Vehicles, Drivers and Operators and approval for formal consultation on a draft statement of Licensing Policy. Additional documents:
Decision: RESOLVED that the
Committee – (a) approve the review of the current
Licensing Policy relating to the Hackney Carriage (Taxi) and Private Hire
Vehicles, Drivers and Operators in line with the new Department of Transport
Statutory Standards and the Welsh Government’s Harmonisation of Taxi and
Private Hire Vehicle Licensing Recommendations, and (b) authorise officers to consult with the
trade and the wider public (including relevant local organisations) on a draft
Statement of Licensing Policy. Minutes: The Senior Licensing Officer (NJ) submitted a
report (previously circulated) seeking members’ review of the current Hackney
Carriage and Private Hire Licensing Policy and Conditions to incorporate the
statutory standards published by the Department for Transport and the
recommendations published by the Welsh Government, and also sought approval to
undertake formal consultation on the draft Licensing Policy. Some background was provided regarding publication
of the Department for Transport’s (DfT) statutory standards in July 2020
(Appendix A to the report) with the focus on protecting children and vulnerable
adults and better regulation of the sector together with publication of the
Welsh Government’s (WG) recommendations in March 2021 (Appendix B to the report)
to provide ‘quick fixes’ to improve the consistency of licensing standards and
increase public safety. In terms of
legislative jurisdiction it was clarified that DfT standards had effect in
Wales even though responsibility for taxi and private hire policy had been
devolved to the WG. However if the WG
introduced legislation to regulate those issues the DfT standards would cease
to apply. As the DfT standards had been
considered in the drafting of the WG recommendations it was proposed the
existing Licensing Policy and Conditions encompass all other supplementary
policies and conditions relating to taxi and private hire licensing, and that a
four week consultation be undertaken on that draft with a final policy
submitted to the Licensing Committee for approval. During consideration of the report the views of
officers were sought on the comprehensive documents and questions were raised
regarding the proposed consultation process with a view to maximising
engagement from the licensed trade and stakeholders and ensuring a good
understanding of the impact of any potential changes to the current
policy. Officers confirmed they had no
concerns regarding the proposed policy changes given that they had been
designed to improve public safety, increase consistency and improve customer
experience, with many of the WG’s recommendations having already been included
in the Council’s existing policy.
Assurances were given that the main policy changes would be highlighted
during the consultation however it was important that those affected had sight
of the whole document and understood it and any implications. Details were provided on the consultation
which would include the licensed trade, relevant groups, City, Town and Community
Councils and the wider public and would broadly be undertaken in line with
previous consultations (written consultation and workshop sessions held at
varying times in different geographical locations within the county) subject to
being Covid safe, with an open invitation for any interested party. The consultation responses would be taken
into account to inform a final policy for submission to the Committee for
approval. Officers agreed to provide
members with a summary of the consultation responses and feedback received as
part of that process. RESOLVED that the
Committee – (a) approve the review of the current
Licensing Policy relating to the Hackney Carriage (Taxi) and Private Hire
Vehicles, Drivers and Operators in line with the new Department of Transport
Statutory Standards and the Welsh Government’s Harmonisation of Taxi and
Private Hire Vehicle Licensing Recommendations, and (b) authorise officers to consult with the
trade and the wider public (including relevant local organisations) on a draft
Statement of Licensing Policy. |
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UPDATE ON ZERO EMISSION VEHICLES WITH THE LICENSED VEHICLE FLEET PDF 192 KB To consider a report by the Head of Planning, Public Protection and Countryside Services (copy enclosed) updating members on the current position relating to the Welsh Government Green Taxis Pilot Scheme for zero emission vehicles. Additional documents: Decision: RESOLVED that,
subject to members’ comments, the update on the Welsh Government Green Taxi
Pilot Scheme be received and noted. Minutes: The Senior Licensing Officer (NJ) submitted a
report (previously circulated) updating members on the current position
relating to the Welsh Government (WG) Green Taxis Pilot Scheme for zero
emission vehicles and Denbighshire’s success in securing WG funding for 4
electric vehicles and charging infrastructure as part of that pilot scheme. WG had set a target of de-carbonising the taxi
fleet entirely by 2028 and it was anticipated that the pilot scheme would
assist in that aim. The three pilot
areas were Cardiff Capital Region (CCR), Denbighshire and Pembrokeshire. In total 50 fully electric
wheelchair-accessible Nissan Dynamo taxis would be purchased, 44 for CCR, 4 for
Denbighshire and 2 for Pembrokeshire.
The associated charging infrastructure would also be installed in each
area and the scheme would operate on a ‘try before you buy’ basis allowing licensed
taxi drivers to try the vehicle free of charge for 30 days and included free
electric charging, insurance, vehicle licensing, breakdown cover etc. Drivers would then complete an evaluation
survey and be provided with information on schemes/assistance for long term
ownership/lease of zero-emission vehicles.
The pilots would operate for 2 – 3 years and Fleet Management were
leading and administering the project in Denbighshire. The Fleet Mobility Officer was in attendance
to answer questions about the scheme. Members welcomed the scheme as a means of
encouraging the taxi trade to switch to zero emission vehicles and for the
environmental benefits that would bring which was a corporate priority for the
council. During debate members raised
questions with officers regarding the practical implementation of the scheme,
including the necessary charging infrastructure and how it would be monitored
to ensure the best outcomes. Members
were also keen to ensure that the county’s rural areas could also take
advantage of the opportunities presented as part of the pilot scheme. Officers responded to members’ questions and
comments as follows – ·
the council
had 4 vehicles in its possession waiting to be licensed and a procurement
process for the 50 kW chargers to meet the operational needs of the taxi trade
was imminent. It was envisaged that the
chargers would be installed within the next 8 – 10 weeks following which the
pilot would commence ·
the
vehicles would be offered on a 30 day ‘try before you buy’ basis and uptake
would be encouraged with assurances that the infrastructure and fuelling system
would be in place to support the trade with the uptake of zero emission
vehicles ·
grant
funding would be provided for an initial two years with the opportunity for a
third year if data reporting demonstrated the pilot was successful ·
the
unsuccessful attempt by a local taxi firm to switch to electric vehicles (as
reported in the press) had largely been due to the current lack of charging
infrastructure to meet the operator’s particular business model. However the charging infrastructure was being
developed to suit all operator business models and it was expected the same
operator would take up the opportunity of participating in the pilot. In response to concerns that uptake would be
adversely affected by the negative press coverage, officers provided assurances
that there had been an exceptional amount of interest in Rhyl and Prestatyn ·
as part of
the grant terms the scheme would be piloted in the North of the county,
predominantly around Rhyl which had high levels of CO2 and NO2 and if
successful there was an opportunity to expand the pilot scheme. Where taxi proprietors had their own charging
provision (such as home charges) they could also be supported and included as
part of the pilot if it met their business model · the ... view the full minutes text for item 8. |
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REVIEW OF STREET TRADING POLICY PDF 136 KB To consider a report by the Head of Planning, Public Protection and Countryside Services (copy enclosed) updating members on the review of the street trading policy and recommended next steps. Additional documents: Decision: RESOLVED that the
Committee – (a) approve the draft street trading policy
(Appendix A to the report) for consultation, and (b) support the establishment of a Sub-Group to
further consider the policy to include the Chair and/or Vice Chair to represent
the Licensing Committee together with a representative from each of the Member
Area Groups. Minutes: The Senior Licensing Officer (JT) submitted a
report (previously circulated) updating members on the review of the Council’s
street trading policy and recommended next steps together with the draft policy
for members’ consideration. Some background was provided in terms of the
legislative processes and current operation of the street trading regime in the
county which was being reviewed in order to provide a fit for purpose policy
which also addressed concerns of all who may be affected. The definition of street trading had been detailed
within the report together with legal exemptions for certain types of trade and
those regulated by other means or authorities.
The Committee had agreed an initial consultation on a draft policy in
December 2016 followed by a public consultation with no comments received. However subsequent feedback had been received
from other individuals, members and council teams and in light of the
challenges faced by high streets compounded by the coronavirus pandemic, it was
considered that further work was required before a fit for purpose policy could
be presented back to the Committee.
Consequently members were asked to consider the latest draft policy for
further consultation and the establishment of a Sub Group to further discuss
the policy. During consideration of the report members
agreed that it was important to ensure how best the policy could support fixed
outlets and street traders alike, particularly given the changing face of town
centres and high streets and taking into account the impact of the coronavirus
pandemic. Given the challenges faced it
was agreed there was a need for flexibility in the policy and recognition that
some fixed traders had adapted practices to deliver their businesses in
response to the pandemic, including utilising outdoor space. The current inconsistencies across the county
with regard to trading practices was also highlighted, which was largely due to
the absence of a formal policy and reliance on the current regulations. Officers clarified that fixed traders
utilising the pavement would require a pavement licence from the Highways
Section but those trading from within the curtilage of their premises (6 – 9
feet) did not require a licence.
Councillor Joan Butterfield added that for eateries, planning permission
was required for tables and chairs in a defined area outside of the
premises. Whilst officers were keen for
a policy to be in place at the earliest opportunity the need for the policy to
be robust and fit for purpose was paramount. Members discussed the report recommendations
and Councillor Brian Jones felt there would be merit in forming a Sub Group
with elected member representation from across the county to further consider
the policy. There was some debate as to
whether the Sub Group would be best served by cross party or geographical
representation and it was subsequently agreed that a geographical spread would
be preferable. Councillor Brian Jones
proposed, seconded by Councillor Joan Butterfield to approve the draft policy
for consultation and support the creation of a Sub Group to include the Licensing
Committee’s Chair and/or Vice Chair and representation from each Member Area
Group. Upon being put to the vote it was
– RESOLVED that the
Committee – (a) approve the draft
street trading policy (Appendix A to the report) for consultation, and (b) support the
establishment of a Sub Group to further consider the policy to include the
Chair and/or Vice Chair to represent the Licensing Committee together with a
representative from each of the Member Area Groups. |
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LICENSING COMMITTEE FORWARD WORK PROGRAMME To receive a verbal update from the Public Protection Business Manager. Additional documents: Decision: RESOLVED
that the verbal update be received and noted and a formal forward work
programme be submitted to the Committee’s next meeting for approval. Minutes: The Public Protection Business Manager provided a
verbal update and explained the difficulties in maintaining a forward work programme
for the Committee over the last twelve months given the impact of, and
responding to, the coronavirus pandemic.
Consequently it was recommended that officers redraft a forward work
programme to include a number of significant items in relation to taxis
(including any electric vehicle incentives or schemes that may arise) and the
street trading policy together with a number of smaller reviews required, and
to submit a formal forward work programme to the next meeting of the Committee
for approval. RESOLVED
that the verbal update be received and noted and a formal forward work programme be submitted to the Committee’s next meeting
for approval. |
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EXCLUSION OF PRESS AND PUBLIC RESOLVED that under Section 100A of the Local Government Act 1972, the Press and Public be excluded from the meeting for the following item of business on the grounds that it would involve the likely disclosure of exempt information as defined in Paragraphs 12 and 13 of Part 4 of Schedule 12A of the Act. [At this juncture (11.10 a.m.) the meeting adjourned for a short break.] Additional documents: |
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APPLICATION FOR A LICENCE TO DRIVE HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLES - APPLICANT NO. 551134
To consider a confidential report by the Head of Planning, Public Protection and Countryside Services (copy enclosed) seeking members’ determination of an application to drive hackney carriage and private hire vehicles from Applicant No. 551134. 11.00 am Additional documents:
Decision: RESOLVED that the application for a hackney carriage and
private hire vehicle driver’s licence from Applicant No. 551134 be granted. Minutes: A confidential report by the Head of Planning,
Public Protection and Countryside Services (previously circulated) was
submitted upon – (i)
an application having been received from
Applicant No. 551134 for a licence to drive hackney
carriage and private hire vehicles; (ii)
officers having referred the application to
the Licensing Committee for determination given the particular circumstances of
the case; (iii)
the Applicant having accrued 8 penalty points
on his DVLA Driver’s Licence for speeding in July
2018 (3 points) and July 2019 (5 points) and obtained a conviction for
Conspire/Handling Stolen Goods in 2010, all which had been declared by the
Applicant and confirmed following the usual routine checks (iv)
further information concerning the case
including the Applicant’s licensed driver history with another local authority
together with his suitability as a licensed driver and character references
(attached to the report); (v)
the Council’s policy with regard to the
relevance of convictions and suitability of applicants, and (vi)
the Applicant having been invited to attend the meeting in support of his
application and to answer members’ questions thereon. The Applicant confirmed that he had received
the report and committee procedures. The Senior Licensing Officer (JT) introduced
the report and facts of the case. The Applicant provided some background
information and reasoning behind his application after moving into the
area. He also provided details of his
current employment, being a licensed driver with another local authority, and
reported upon his work carried out in Denbighshire in relation to school
contracts and private hire. The
Applicant gave assurances regarding his driving conduct and referred to his
references attesting to his good character.
He also responded to questions raised by members with a view to
ascertaining his suitability to hold a licence,
providing further clarification regarding his current working arrangements
between local authority areas and detailing the circumstances surrounding the
speeding offences. He confirmed there
were no further penalty points pending on his licence
and referred to his greater vigilance following the speeding conviction and
safe driving conduct. The Applicant
indicated he had nothing further to add to his submission. The Committee adjourned to consider the
application but during debate sought clarity on a further point and all parties
were recalled. Officers confirmed that
pre-booked private hire work was permitted across local authority areas provided
the driver and vehicle had been licensed by a local authority. The Committee re-adjourned to continue
deliberations and it was subsequently – RESOLVED that the application for a hackney carriage and
private hire vehicle driver’s licence from Applicant
No. 551134 be granted. The reasons for the Licensing Committee’s decision
were as follows – Members had carefully considered the particular
circumstances of the case as set out in the report together with the
Applicant’s oral submission and response to questions. Members had also considered the relevant
sections of the Council’s policy with regard to the relevance of convictions
and suitability of applicants. In particular the Committee considered 4.42 of the
Council’s Statement of Policy regarding the Suitability of Applicants and
Licensees in the Hackney Carriage and Private Hire Trades. It provided that
where an applicant had 7 or more points on their DVLA licence
for minor traffic or similar offences, a licence
would not be granted unless at least 5 years had elapsed since the completion
of the sentence imposed. The Committee concluded that the completion of the
sentence imposed (which was 4 years from the first offence of 2018) would
translate to 2027 when a licence would be granted in
accordance with this policy provision. Given the clear above policy provision, the Committee then considered 3.19 of the ... view the full minutes text for item 11. |