Agenda and minutes

To approve as a correct record the Minutes of the meeting of this Committee held on 30^th March 2010 and of the Special Committee held on 25^th May 2010.

The minutes of the meeting of the 30^th March 2010 were signed as a true and accurate record of the meeting, subject to the following amendments:

§         Page 6; Item 18 5^th paragraph:- ‘…an increase in fare for 2009/10 as they had…. 

§         Page 6: Item 18 8^th paragraph: - ‘…be disproportionately bourne…’

§         Councillor Linden would be referred to as ‘Chairman’ not ‘Chair’ of this meeting.

§         Page 7: Item 19 3^rd paragraph – That it be noted that Councillor Andrew Rowles had not attended his licensing training as had been stated at the meeting.

The minutes of the special meeting of the 25^th May 2010 were signed as a true and accurate record of the meeting.

To receive any Declarations of Interest from Members.

Councillor Gwen Mason stated that she was a member of the West Berkshire Disability Alliance, but it was not considered that this was either a personal or prejudiced interest to any items on the agenda.

Purpose: To consider outcomes of the Taxi Working Group’s deliberations on matters deferred from the Licensing Committee Meeting on 30^th March 2010.

Councillor Jeff Beck gave an introduction to the Committee on the item. These were issues that had been brought forward from the meeting of the Committee on 30^th March 2010 together with recommendations from the working group which had been set up to address these, were included in the report. It was proposed that there should be a consultation period to consult with all license holders over a 12 week period. Also, that there would be a survey to establish the basic demand for taxi services in West Berkshire.

Councillor Jeff Beck stated that representations had been received from the Chairman of West Berkshire Hackney and Private Hire Association and the Disability Alliance who wished to address the Committee. A submission had also been received from Dolphin Taxis which would be circulated at the meeting.

In accordance with paragraph 7.12.14 of the Council’s Constitution, the Chairman suspended standing orders to allow members of the trade to participate in the discussion.

A representative of the Trade, Mr Andrew Lutter, Chairman of West Berkshire Hackney and Private Hire Association, requested that the recommendations and discussion by the Committee were heard first in order that he could respond.

The Chairman reinstated standing orders.

Brian Leahy gave an introduction to the report stating that the working group had received and heard submissions from the Trade and produced a number of recommendations as detailed in the report. A number of these recommendations would need to be decided by the Committee ‘in principle’, as they would have to be ratified following the consultation process.

Councillor Jeff Beck asked the Committee whether they would like to hear the representations from the Trade and Disability Alliance before going through the recommendations of the working group or to hear the recommendations first.  Councillor Gwen Mason stated that she would like to hear what the Trade had to say, before looking into the recommendations.

Councillor Quentin Webb asked what the impact would be of not carrying out a demand survey. Paul Anstey stated that there was nothing in law to direct the Council to undertake a survey, however, it was recommended by relevant government departments to do so and the Council was already several years in excess of the recommended time frame.  If there was a challenge, to a Council decision which impacted upon the Taxi Trade, the risk of that decision being overturned would be increased due to the length of time since the last survey was carried out. 

Councillor Quentin Webb asked whether or not the Council’s website could be used for such a survey and Paul Anstey stated that this would not normally be sufficient and that the methodologies being considered would be more thorough. He did say it would be possible to do this but any deficiencies would result in an increased risk to Council decisions.  It was the officers’ opinion that the survey would provide a sound platform upon which to base decisions and ensure the widest consultation possible.

Councillor Adrian Edwards asked  ...  view the full minutes text for item 9.

Purpose: To approve the Council's Licensing Policy for the three year period commencing January 2011

Brian Leahy gave an overview of amendments made to the Council’s Licensing Policy. The changes that had been made had been highlighted in red. These amendments were minor and made to simply update the existing policy. Comments had been received from the Musicians Union, which were positive and no other comments had been received.

Brian Leahy requested that the Committee approve the changes made and that the Chairman and Vice-Chairman might approve the policy on the Committee’s behalf if there were further minor changes. If the Policy was signed off at the December 2010 Meeting, it would miss the Council meeting which would sign off the Policy. Brian Leahy stated that he did not anticipate any further amendments.

Councillor Quentin Webb queried whether or not the Policy would need to be changed again within 3 years, especially with the consultation on the Public Nuisance Act. Brian Leahy stated that very little would actually affect the Policy itself.

Councillor Adrian Edwards stated that he had read the Policy very carefully and that in the last three years there has been an increase in anti-social behaviour, especially on a Friday and Saturday night, most of which was alcohol fuelled. He felt that a stronger stance on clamping down on pubs and clubs should be enforced and this should be reflected in the Policy. There were two pubs in particular which were open until 2am in Newbury town centre, that he felt were a problem.

Brian Leahy responded that this was not an enforcement Policy. Members had the right to curtail the hours of any premises. He sat on the anti-social behaviour Action Group and Newbury actually had one of the lowest levels of alcohol-related crime in the country.  Members might soon be able to put a levy on pubs for town cleaning, if the new Act came into effect. Members could also call for a review of a license. The Policy was meant to be generic and neutral and one of the top Barristers in the Country had endorsed the West Berkshire Policy. It was possible to put a terminal hour in, but this would be challenged and the Council would then be called to review the Policy. There were however, issues with comments from the Neighbourhood Action Groups not being relayed to the Licensing Team and those with the power to make changes to licenses. So far only a handful of reviews had taken place.

Paul Anstey added that the Council could observe and control licenses however the burden was on the citizen to stand up to the local pub. This was an issue as it was hard to find tangible evidence or data to use in such a review – and this was needed from the Police and residents. However, the Council’s powers might be extended in the future. There were other measures that were needed to tackle these issues as well, such as education and enforcement. The Policy was necessarily non-committal and generic. Paul Anstey stated that Licensing Officers  ...  view the full minutes text for item 10.