Agenda item

To consider a report by the Head of Planning and Public Protection (copy enclosed) presenting the draft Statement of Policy regarding the suitability of applicants and licensees in the hackney carriage and private hire trades for approval with effect from 1 July 2019.

RESOLVED that –

(a)       the Statement of Policy regarding the suitability of applicants and licensees in the hackney carriage and private hire trades (attached at Appendix A to the report) be adopted with an implementation date of 1 July 2019;

(b)       officers be authorised to make such changes as detailed in paragraph 4.8 of the report so that the Statement of Policy regarding the Suitability of Applicants and Licensees in the Hackney Carriage and Private Hire Trades maintains consistency with the national guidance document, and

(c)        in the event of any future complaint or enquiry from licensees regarding the Statement of Policy document the officers, in consultation with the Chair, be authorised to respond confirming that the matter would not be brought back before the Licensing Committee given that the opportunity to respond to the policy document had passed.

The Licensing Officer submitted a report (previously circulated) presenting the draft Statement of Policy regarding the suitability of applicants and licensees in the hackney carriage and private hire trades for approval with effect from 1 July 2019.

On 5 December 2018 the Licensing Committee resolved to adopt the Institute of Licensing Guidance and instructed officers to draft a policy which met the contents of the document.  Since then much work had been undertaken to engage with licensees and raise awareness of the Guidance which included a newsletter to all members of the licensed trade, a social media campaign and a number of licensing surgeries held throughout the county.  It was intended to apply the policy to all new licences from 1 July 2019 with existing licensees only being subject to review in the event that additional convictions were accrued.  Given that the Council was adopting a national policy it was noted that changes could be made nationally and members were asked to consider whether to authorise officers to adopt minor changes without reporting back to the Committee.  Where significant changes were made it was recommended officers update members at the next available meeting.

During debate members were extremely disappointed to note that only three licence holders had attended the licensing surgeries, particularly given the significant efforts made by officers to engage with the trade.  In addition to the social media campaign officers confirmed that a newsletter had been sent to every licence holder within the county.  Reference was made to the hard work of both officers and members in continually reviewing and adopting policies in order to raise standards and effect improvements within the licensed trade and the Statement of Policy was the latest document within that process of continual improvement.  Notwithstanding the lack of response from the trade despite best efforts to engage them in the process, it was accepted that all licence holders had been given ample opportunity to respond and therefore members agreed to adopt the policy and authorise officers to adopt any subsequent changes made nationally.  However Councillor Joan Butterfield proposed, seconded by Councillor Alan James that in the event of any future complaint or enquiry from licensees regarding the document, the officers, in consultation with the Chair, be authorised to respond confirming that the matter would not be brought back before the Committee given that the opportunity to respond to the Statement of Policy had passed.  Upon being put to the vote it was –

RESOLVED that –

(a)       the Statement of Policy regarding the suitability of applicants and licensees in the hackney carriage and private hire trades (attached at Appendix A to the report) be adopted with an implementation date of 1 July 2019;

(b)       officers be authorised to make such changes as detailed in paragraph 4.8 of the report so that the Statement of Policy regarding the Suitability of Applicants and Licensees in the Hackney Carriage and Private Hire Trades maintains consistency with the national guidance document, and

(c)        in the event of any future complaint or enquiry from licensees regarding the Statement of Policy document the officers, in consultation with the Chair, be authorised to respond confirming that the matter would not be brought back before the Licensing Committee given that the opportunity to respond to the policy document had passed.