Agenda and minutes

18.1           The evacuation procedure, as noted on the Agenda, was taken as read. 

19.1           Apologies for absence were received from Councillors Mrs P A Godwin, Mrs J Greening (Vice-Chair), Mrs R M Hatton, Mrs A Hollaway, H A E Turbyfield, M J Williams and P N Workman.  Councillors R D East and R J E Vines would be acting as substitutes for the meeting. 

20.1           The Committee’s attention was drawn to the Tewkesbury Borough Council Code of Conduct which was adopted by the Council on 26 June 2012 and took effect from 1 July 2012.

20.2           There were no declarations made on this occasion.

To approve the Minutes of the Licensing Committee meeting held on 26 November 2015; the Licensing Sub-Committee (Street Trading and Hackney Carriage and Private Hire Vehicles, Drivers and Operators) meeting held on 10 December 2015; and the Licensing Sub-Committee (Licensing Act 2003 and Gambling Act 2005) meeting held on 22 December 2015.

21.1           The Minutes of the Licensing Committee meeting held on 26 November 2015; the Licensing Sub-Committee (Street Trading and Hackney Carriage and Private Hire Vehicles, Drivers and Operators) meeting held on 10 December 2015; and the Licensing Sub-Committee (Licensing Act 2003 and Gambling Act 2005) meeting held on 22 December 2015, copies of which had been circulated, were approved as correct records and signed by the Chair.

To approve the draft Hackney Carriage and Private Hire Policy for consultation. 

22.1           The report of the Licensing and Systems Officer, circulated at Pages No. 15-109, proposed that the Council’s Hackney Carriage and Private Hire Licensing Policy be re-drafted.  Members were asked to approve the revised draft policy for a six week consultation.

22.2           The Licensing and Systems Officer explained that it was his responsibility to evaluate licensing policy and provide recommendations to the Committee as to how they should be updated.  There were currently five sets of policies, five sets of conditions and one set of bylaws governing hackney carriage and private hire licensing at Tewkesbury Borough Council.  There had been various amendments to the policies and conditions over the last few years but they had not been reviewed collectively which had led to a lot of duplication which could cause confusion for applicants, existing licence holders, Officers and Members.  If the matters outlined in the report were not addressed this could leave the Council open to legal challenges.  The proposed revised Hackney Carriage and Private Hire Licensing Policy was attached at Appendix B to the report and a summary of the proposed changes had been circulated separately around the table.  It was intended to update the policy in line with current legislation and best practice in order to ensure it was clear, fit for purpose and reflected the nature of local trade.  Once the draft policy had been approved, it would be subject to a six week consultation and any responses received during that period would be reported to the Licensing Committee.  The revised policy would then be recommended to Council for adoption.

22.3           The Chair indicated that it was very important that a review of the policies be undertaken. He had noticed several important amendments which had been made to the new policy including a requirement for English proficiency, safeguarding training, changes to medical conditions and proof of eligibility to work in the UK and he welcomed a single policy which was clear and concise as opposed to a large number of different policies and conditions.  A Member queried why no maximum age was proposed for licensed vehicles and was informed that each Council could set its own limit.  The majority of private hire vehicles within Tewkesbury Borough were for school contracts and had often been subject to a lot of modification in order to provide disabled access.  Vehicles tended to last for a lot longer than they had previously and the Department of Transport recommended that an MOT test was sufficient to confirm the safety of the vehicle.  No age limit had been imposed previously due to the nature of the local trade and it was considered that it would be too onerous for private hire drivers if one was introduced within the revised policy.  The Member suggested that drivers should be required to carry out visual checks of their vehicles on a daily basis and to check the tyres etc.  The Licensing and Systems Officer indicated that this was a condition which drivers were required to adhere  ...  view the full minutes text for item 22.

The Chairman will move the adoption of the following resolution:

That under Section 100(A)(4) Local Government Act 1972, the public be excluded for the following items on the grounds that they involve the likely disclosure of exempt information as defined in Part 1 of Schedule 12A of the Act.

23.1           On a proposal from the Chair, it was

RESOLVED          That, under Section 100(A) of the Local Government Act 1972, the public be excluded from the meeting for the following items on the grounds that they involve the likely discussion of exempt information as defined in Part 1 of Schedule 12A of the Act. 

To approve the separate Minutes of the meeting of the Licensing Sub-Committee (Street Trading and Hackney Carriage and Private Hire Vehicle, Drivers and Operators) held on 10 December 2015.

24.1           The separate Minutes of the Licensing Sub-Committee (Street Trading and Hackney Carriage and Private Hire Vehicles, Drivers and Operators) meeting held on 10 December 2015, copies of which had been circulated, were approved as a correct record and signed by the Chair.