Agenda and minutes

When the continuous alarm sounds you must evacuate the building by the nearest available fire exit. Members and visitors should proceed to the visitors’ car park at the front of the building and await further instructions (during office hours staff should proceed to their usual assembly point; outside of office hours proceed to the visitors’ car park). Please do not re-enter the building unless instructed to do so.

In the event of a fire any person with a disability should be assisted in leaving the building.   

26.1          The evacuation procedure, as noted on the Agenda, was advised to those present.

27.1          Apologies for absence were received from Councillors K Berliner, G F Blackwell and C Softley.  There were no substitutes for the meeting. 

28.1          The Committee’s attention was drawn to the Tewkesbury Borough Council Code of Conduct which was adopted by the Council on 24 January 2023 and took effect from 1 February 2023.

28.2          There were no declarations of interest made on this occasion.

To approve the Minutes of the Licensing Committee meeting held on 6 October 2022 and the Licensing Sub-Committee (Street Trading and Hackney Carriage and Private Hire Vehicles, Drivers and Operators) meetings held on 13 October 2022, 8 November 2022, 8 December 2022 and 16 January 2023.

29.1          The Minutes of the Licensing Committee meeting held on 6 October 2022 and the Licensing Sub-Committee (Street Trading and Hackney Carriage and Private Hire Vehicles, Drivers and Operators) meetings held on 13 October 2022, 8 November 2022, 8 December 2022 and 16 January 2023, copies of which had been circulated, were approved as correct records and signed by the Chair. 

To consider the consultation responses and to recommend to the Executive Committee that the proposed amendment to the Hackney Carriage (Taxi) and Private Hire Licensing Policy, as set out at Paragraph 2.8 of the report, be approved.

30.1          Attention was drawn to the report of the Licensing Operations and Development Team Leader, circulated at Pages No. 14-74, which provided the responses to the consultation in relation to the amendment to the current Hackney Carriage (Taxi) and Private Hire Licensing Policy to specify that all converted vehicles which had not been recategorised on the V5 (vehicle logbook) provide documentation to demonstrate that the vehicle is safe.  Members were asked to consider the responses and to recommend to the Executive Committee that the proposed amendment be approved.

30.2          The Licensing Operations and Development Team Leader advised that the report outlined the outcomes from the consultation that had taken place last year.  As reported to the Committee previously, it had been discovered that a number of licensed private hire vehicles were N1 category vehicles as could be seen from the V5 (logbook) – this meant that the vehicles had been converted from good vehicles to private hire vehicles and there was a need to ensure this had been done safely.  Throughout June and July 2022, all relevant vehicles had been tested to a Basic Individual Vehicle Approval (IVA) standard by an approved local garage and, following the Special Licensing Committee meeting in August, a 12 week consultation was undertaken with all licence holders and Gloucestershire County Council on an amendment to the Hackney Carriage (Taxi) and Private Hire Licensing Policy with the wording set out at Paragraph 3.2 of the report.  Since that time, the Department for Transport had advised that the wording should be changed following a change in vehicle type approval standards following Brexit and had been introduced on 1 January 2023.  The amended wording had been circulated around the table and Members were advised that it did not change what the amendment was trying to achieve but simply provided more clarity.  It was noted that there were 55 N1 vehicles licensed by Tewkesbury Borough Council currently – this included two new vehicles since the testing in June/July – and, should the amendment be approved, they would all need to obtain a Basic IVA from a Driver and Vehicle Standards Agency (DVSA) approved test station, the closest ones being in Bristol and Kidderminster, by 1 April 2023.  Once approved by the Executive Committee, the wording would take effect immediately.

30.3          Accordingly, it was

RESOLVED           That it be RECOMMENDED TO THE EXECUTIVE COMMITTEE that an amendment to the Hackney Carriage (Taxi) and Private Hire Licensing Policy be APPROVED to insert updated wording as follows:

Where a wheelchair accessible vehicle has been converted by a bona fide converter before first registration, and the vehicle has then been registered with DVLA after conversion, the Council will accept that this vehicle will have passed the appropriate approval in order to be registered and so the vehicle will be accepted for licensing without need for further documentation unless it appears that further conversions have been made to the vehicle following registration.

Where a wheelchair accessible vehicle has been converted after first registration, e.g.  ...  view the full minutes text for item 30.

To consider the results of the consultation feedback and agree there is not strong enough local evidence to support mandatory CCTV in taxis and private hire vehicles; and, to review and enhance the current policy on optional CCTV in taxis and private hire vehicles. 

31.1          The report of the Licensing Operations and Development Team Leader, circulated at Pages No. 75-104, asked Members to consider the results of the consultation feedback on the draft county CCTV consultation document in hackney carriage (taxi) and private hire vehicles and to agree there was not enough strong local evidence to support mandatory CCTV in taxis and private hire vehicles and that the current policy on optional CCTV in taxis and private hire vehicles be reviewed and enhanced.

31.2          The Licensing Operations and Development Team Leader explained that, due to the poor response to the consultation across the county as a whole, the results of did not give strong enough justification to impose mandatory CCTV on all taxi and private hire vehicles at this time.  A working group was being set up with Gloucestershire County Council and the local district authorities to work with the Local Government Association, the Institute of Licensing and Gloucestershire County Council’s school contracts team to consider changing the wording of the policy in terms of CCTV across the county.

31.3          A Member found it interesting that seven of the 10 responses had agreed that CCTV would benefit the safety of the licensed driver; the same number agreed that video CCTV would reduce the fear of crime and six agreed that CCTV would benefit the safety of passengers.  It seemed to him that, should there be an incident locally, everyone would be asking why CCTV had not been made mandatory.  The Licensing Operations and Development Team Leader advised there had been a similar pattern in responses across Gloucestershire where it was recognised that CCTV would benefit both the driver and passenger.  The policy allowed drivers to install CCTV if they so wished, provided it was compliant with Information Commissioner’s Office (ICO) standards; however, making it mandatory in licensed vehicles would put the licensing authority in the position of being the data controller which would require a significant piece of work.  A Member asked if it had been mandated by any other Councils and was informed that, in the last survey in 2020, 13 of more than 200 licensing authorities had mandatory CCTV in their licensed vehicles.  In response to a query as to whether the Police had a view, Members were advised that the Police had been consulted and had indicated there were no incidents where CCTV would have been beneficial.

31.4          A Member expressed disappointment with the response rate and that there was no intention to engage further.  He noted there were Councils which had mandated CCTV in licensed vehicles and felt this should be monitored in some way to obtain information to gain a better perspective on how useful it could be.  The Licensing Operations and Development Team Leader explained that Greater Manchester had just mandated CCTV in licensed vehicles and she was in touch with that authority; furthermore, she currently chaired the Gloucestershire Licensing Officers Group (GLOG) and Southampton City Council had attended the last meeting and provided useful information which had  ...  view the full minutes text for item 31.

The Chair 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.

32.1          On a proposal from the Chair, it was

RESOLVED           That, under Section 100(A)(4) of the Local Government Act 1972, the public be exclude 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 Licensing Sub-Committee (Street Trading and Hackney Carriage and Private Hire Vehicles, Drivers and Operators) meetings held on 13 October 2022, 8 November 2022, 8 December 2022 and 16 January 2023.

33.1          The separate Minutes of the Licensing Sub-Committee (Street Trading and Hackney Carriage and Private Hire Vehicles, Drivers and Operators) meetings held on 13 October 2022, 8 November 2022, 8 December 2022 and 16 January 2023, copies of which had been circulated, were approved as correct records and signed by the Chair.