Agenda and minutes

To approve as a correct record the Minutes of the meeting of this Committee held on 13^th September 2010.

The Minutes of the meeting held on 13 September 2010 were approved as a true and correct record and signed by the Chairman subject to the following amendment:

Item 9, page 7, bullet point 6: add ‘render’ after ‘would’ in ‘it would render him redundant’.

To receive any Declarations of Interest from Members.

All Members of the Committee declared an interest in Agenda Item 4, but reported that, as their interest was personal but not prejudicial, they determined to remain to take part in the debate and vote on the matter.

Purpose: To report back to the Committee following the consultation regarding in principle decision taken at the Committee meeting on 13^th September 2010.

(All Members declared an interest in Agenda item 4 by virtue of the fact that they had been lobbied. As their interest was personal but not prejudicial they were permitted to take part in the debate and vote on the matter).

The Committee considered a report (Agenda Item 4) concerning consultation feedback from the taxi trade regarding decisions taken in principle by the Licensing Committee at it’s meeting of 13^th September 2010.

Bryan Leahy informed the Committee that after the in principle decisions taken at the last meeting of this Committee, he had undertaken a 3 month consultation with the trade and Officers’ recommendations, following the consultation results, were contained within the report. 

Where there had been ambiguity in the consultation results no recommendation had been given, as the Committee were asked to make their recommendation after hearing the views of the taxi trade in attendance.

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

A Cabco representative informed the Committee that his members agreed in principle to all but one of the recommendations.  Cabco had objections to recommendation 2, that all drivers were required to take regular assessments.  Concern had been raised that experienced drivers would not require constant re-testing and that details were not available on the content of the test that would be undertaken.

A representative from West Berkshire Hackney and Private Hire Association informed the Committee that he agreed with the Cabco representative’s comments and added his own association’s concerns about recommendation 5, that vehicles would only be accepted for first licensing if under the age of 5 years.  In response from Members questions, the Committee were informed that his organisation’s objections to this proposal were down to the inflated cost of second hand vehicles which were wheelchair accessible. 

A private trade representative informed the Committee that he was concerned about the introduction of a five year old vehicle fist licence restriction.

The Chairman reinstated standing orders.

Members considered each of the recommendations in turn and voted whether the in principle decisions should be ratified.

With regards to recommendation 1, paragraph 2, page 17, Bryan Leahy informed the Committee that details of the Driver Standards Agency test for new drivers was available on their website. 

The Committee voted on the matter and resolved to ratify this decision.

With regards to recommendation 2, paragraph 3, page 18, Members were informed that officers had made no recommendation as views from the trade were mixed.  Members were asked to consider the points made by the trade at this meeting and the views highlighted within the report.

In considering if all taxi drivers should be required to have passed a taxi / private hire driving assessment, irrespective of their experience, Members felt that introducing a trade standard was important as over time bad habits could become common place.  As there had been very few complaints made against the trade, and if a  ...  view the full minutes text for item 13.

Purpose: To consider the amalgamation of the hackney carriage and private hire driver’s license.

The Committee considered a report (Agenda Item 5) concerning the amalgamation of the hackney carriage and private hire driver’s license where a driver wished to hold both types of license.

Brian Leahy informed the Committee that the trade had requested that the Council considered introducing an amalgamation of the two drivers licences currently in place.  There would be minor financial savings for all parties concerned but this duel licence was feasible.

In response to questions from Members, Brian Leahy informed that any new style of licence  would incorporate the legalities found in the current licences and that taxi drivers currently holding 2 licences had to only take a single medical for both, this would not change.

RESOLVED that a ‘dual’ licence, in addition to existing taxi and private hire drivers be introduced.

Purpose: To consider allowing Group 2 Driver Medicals to be carried out by the applicant’s GP.

The Committee considered a report (Agenda Item 6) concerning Group 2 Driver Medicals.

Brian Leahy informed the Committee that the report had been produced due to a request from the trade to introduce a new procedure to allow GP’s to undertake their medicals. 

In response to questions from Members, Brian Leahy informed the Committee that the proposed medical form was based on Government standards and as GP’s already used the format for HGV drivers there should be no objections to using the form for taxi drivers.

RESOLVED that the committee accept the request from the trade to allow drivers to arrange their own medicals with whichever practitioner they chose as long as it was their own GP, a GP from the same practice or Occupational Health Service. To use the DVLA standard guidance for medicals and requiring all drivers to attend a medical upon first licensing and then every 5 years between the ages of 45 and 65 with annual examinations every year when over 65.

Purpose: To consider the adoption of Section 27 of the Policing and Crime Act 2009.

The Committee considered a report (Agenda Item 7) concerning the adoption of Section 27 of the Policing and Crime Act 2009.

Brian Leahy informed the Committee that they were being asked to adopt section 27 of the Policing and Crime Act 2009 so that the authority would have the legislative means to regulate sex entertainment venues.

In response to questions from Members, Brian Leahy informed the Committee that there were no such establishments in West Berkshire, however, adopting the legislation would provide safeguards for our communities.  An existing licensed establishment could only introduce sex entertainment if they passed a number of legislative procedures.

RESOLVED that the Council adopt Section 27 of the Policing and Crime Act 2009.

Purpose:To consider updating the Council’s Street Trading Consent Policy and Authorisation.

The Committee considered a report (Agenda Item 8) concerning the Council’s Street Trading Consent Policy and Authorisation.

Brian Leahy informed the Committee that Schedule 4 of the Local Government (Miscellaneous Provision) Act allowed the authority to introduce designated areas or Streets for the purposes of street trading.

A report had been brought to the Committee requesting that officers undertake a review of the Council’s current policy for re-adoption of the act in 2011.  It had been felt that the review was required due to parish boundary changes that affected adopted policy such as the prohibition street zone in Theale.

Members were disappointed that legislation did not allow the policy to cover all street traders such as chuggers and requested that the report include what type of street traders are/are not included.  Members also requested that Bryan Leahy email the Committee his guidance notes that he had passed to Thames Valley Police, and that as part of his consultation he presented a discussion on the topic at a District Parish Conference. 

RESOLVED that the Council consider the option of re-adopting Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982, following consultation with all Parish and Town Councils.