Agenda and minutes


Venue: Bodicote House, Bodicote, Banbury, OX15 4AA

Contact: Alexa Coates, Legal and Democratic Services  Email: alexa.coates@cherwell-dc.gov.uk (01295) 221591

Items
No. Item

18.

Declarations of Interest

Members are asked to declare any interests and the nature of that interest which they may have in any of the items under consideration at this meeting.

Minutes:

There were no declarations of interest.

19.

Petitions and Requests to Address the Meeting

The Chairman to report on any requests to submit petitions or to address the meeting.

Minutes:

There were no petitions or requests to address the meeting.

20.

Urgent Business

The Chairman to advise whether they have agreed to any item of urgent business being admitted to the agenda.

Minutes:

There was no urgent business.

21.

Minutes pdf icon PDF 48 KB

To confirm as a correct record the Minutes of the meeting of the Committee held on 7 October 2009.

Minutes:

The minutes of the meeting held on 7 October 2009 were approved as a correct record and signed by the Chairman.

22.

Minutes of meeting Thursday 29 October 2009 of Licensing Sub Committee pdf icon PDF 115 KB

To note the minutes of the Licensing Sub Committee meeting held on 29 October 2009.

Minutes:

The minutes of meeting of the Licensing Sub Committee held on 29 October 2009 were noted.

23.

Gambling Act 2005 - Revised Statement of Licensing Policy pdf icon PDF 78 KB

Report of Head of Urban and Rural Services

 

Summary

 

To seek final approval of revisions to the Statement of Licensing Policy.

 

Recommendations

 

The Committee is recommended:

 

(1)               To accept the amendments to the Statement of Licensing Principles as presented and adopt the revised Statement of Licensing Principles for publication.

Additional documents:

Minutes:

The committee considered a report of the Head of Urban and Rural Services which sought approval for a revised Statement of Licensing Principles. The development and adoption of the Statement of Licensing Principles (the “Statement”) is a statutory requirement under the Gambling Act 2005. Once published the Licensing Authority must review the Statement before each successive period of three years and publish any revision before giving it effect.

The committee considered the proposed amendments to the Statement and requested that any reference Family Entertainment Centre be amended to FEC.

Resolved

That the amended Statement of Licensing Principles as set out in Appendix 1 in the minute book is approved for adoption subject to the following amendment:

a)     That any reference to Family Entertainment in paragraph 2.2 is amendment to FEC

 

24.

Hackney Carriage Vehicle Associations pdf icon PDF 61 KB

Report of Head of Urban and Rural Services

 

Summary

 

1.                  To brief the Committee on the position with associations representing the taxi trade.

 

2.                  To secure approval for minimum requirements the Council requires taxi trade association to meet for the Council to consider them to be representative of the trade.

 

Recommendations

 

The Committee is recommended:

 

(1)               To note the position with trade associations across the District.

 

(2)               To approve the minimum requirements required from trade associations: being properly constituted, hold AGM’s to elect Association Officers, to minute meetings, and to provide annual list of members.

 

(3)               To authorise officers to consult formally only with trade associations that meet these requirements.

 

 

 

 

 

 

 

Minutes:

The committee considered a report of the Head of Urban and Rural Services briefing the committee on the position of associations representing the taxi trade. The report sought approval to establish a minimum set of requirements for taxi trade associations in order for the Council to consider them to be representatives of the trade. It was suggested that as a minimum requirement associations should: have a constitution, hold an Annual General Meeting to elect Officers of the association, minute meetings and provide an annual list of members.

 

The minimum requirements were suggested to ensure that the associations the Council consults with on matters concerning the taxi trade are representative of the trade. Officers were concerned that the Council could not be certain that the associations the Council traditionally consulted with were representative and this could put the Council at risk.

 

Resolved

 

1)     That the position with the trade associations across the District is noted.

 

2)     That the minimum requirement for trade associations: being properly constituted, hold AGMs to elect Association Officer, to minute meetings, and to provide an annual list of members is approved.

 

3)     That Officers be authorised to consult formally only with the trade associations that meet the minimum requirements.

25.

Taxi License Applications and Appeals Process pdf icon PDF 66 KB

Report of Head of Urban and Rural Services

 

Summary

 

1.         To secure approval for an amendment to the Council’s Constitution and to the Scheme of Delegation relating to licensing activities within the Council.

 

2.         To secure approval for revised Licensing Committee processes specifically in relation to dealing with Licence appeals by Hackney Carriage Vehicle (HCV) and Private Hire Vehicle (PHV) licence holders.

 

3.         To secure approval for changes to the HCV and PHV license application process, specifically the Knowledge Test and disability awareness training.

 

4.                  To secure approval for inclusion of additional Conditions on HCV and PHV drivers licences.

 

Recommendations

 

The Committee is recommended:

 

(1)               To approve amendment to the Scheme of Delegation to clarify delegation to Head of Urban and Rural Services of enforcement powers and associated actions relating to both the Licensing Act 2003 and Gambling Act 2005.

 

(2)               To approve the amendments to the Taxi Licensing Appeals process as set out in this report by removing from Licensing Committee responsibility the function of receiving and hearing appeals.

 

(3)               To recommend to Council that the Council’s Constitution is amended to reflect the recommendations in 1 and 2 above.

 

(4)               To approve the changes proposed for the Knowledge Test and Disability Awareness training for HCV and PHV licence applicants/holders as set out in this report.

 

(5)               To approve the inclusion of additional Conditions on HCV and PHV driver licences as set out in this report.

 

 

Additional documents:

Minutes:

The committee considered a report of the Head of Urban and Rural Services which sought approval of amendments to the Scheme of Delegation and Licensing Committee Terms of Reference which would need to be recommended to Council. The report also sought approval for changes to the Hackney Carriage and Private Hire Vehicle license application process, specifically changes to the Knowledge Test and disability awareness training and approval for the inclusion of additional conditions to the Hackney Carriage and Private Hire Vehicles drivers license.

 

The committee considered the amendments to the constitution and were satisfied with the amendments to the scheme of delegation and committee terms of reference. The committee commented that it was not ideal to take the right of appeal to the committee out of the terms of reference but appreciated that this additional step was not a legal requirement and could delay a final appeal decision at the magistrate’s court.

 

The committee commented that limiting the number of time applicants could sit the knowledge test to 5 attempts was appropriate as was reducing the frequency of disability training to 3 times a year.

 

The committee discussed introducing an additional condition to the hackney carriage and private hire vehicles drivers licenses relating to sexual activity in a licensed vehicle. Officers advised that the condition was requested by Thames Valley Police as part of their strategy to reduce serious sexual crime. There were no specific issues with sexual crime in licensed vehicles in Cherwell but Thames Valley Police had evidence that indicated sexual favours had been exchanged as payment for taxi fares in the Thames Valley area. The police felt a condition which prohibited sexual activity in a licensed vehicle would have significant impact in reducing incidents of rape and assault.

 

Resolved

 

1)     That the amendment to the Scheme of Delegation to clarify delegation to the Head of Urban and Rural Services of enforcement powers and associated action relating to the Licensing Act 2003 and Gambling Act 2005 is recommended to Council.

 

2)     That the amendment to the Licensing Committee Terms of Reference, removing the Licensing Committee’s function of providing a forum for applicants who wish to appeal against decisions of the Head of Urban and Rural Services in respect of licensing of hackney carriage and private hire vehicles, is recommended to Council.

 

3)     That changes to the Knowledge Test and Disability Awareness Training for licensing of hackney carriage and private hire vehicles license applicants/holders, as set out above is approved.

 

4)     That the inclusion of the additional condition: ‘Licensed drivers must not engage in any sexual activity in a licensed vehicle, whether consensual or otherwise, with a fare’ to the hackney carriage and private hire vehicles license is approved.