Agenda and minutes

Apologies had been received from Councillors Lill, Matthews, Tavener and PM Varnsverry.

The minutes of the Meeting held on 23^rd September 2008 were agreed as a true record and signed by the Chair.

RESOLVED:

That Mr John Kelly, Mr Martin Keen (on behalf of Mr Stuart Russell) and Mr Kevin Willsher be granted leave to address the Committee in respect of Item 7, “Review of Private Hire Drivers, Hackney Carriage Drivers’ and Private Hire Operators’ Licence Fees”.

There were none

The Chair reminded the Committee of the additional meeting that was being convened on 17^th November to consider the review of a number of Private Hire Drivers’ licences following their convictions at Magistrates Courts.

Report of the Borough Solicitor

The Licensing Officer referred to the report accompanying the agenda and set out the background of the multi-agency checks carried out on 17^th October 2008.  He explained that 70% of vehicles checked had one or more defects with 26% of vehicles being found unroadworthy and banned from operating until the necessary repairs had been carried out.

Concern was expressed that, in spite of regular multi-agency checks, there continued to be an unacceptable number of vehicles that were found to have defects or were unroadworthy.  It was pointed out that if a regular member of the public’s vehicle was stopped by the Police and found to have such faults, it was likely that prosecution would follow.

Councillor Conroy proposed that a recommendation be sent to the agencies that consideration be given to prosecute private hire and Hackney Carriage drivers whose vehicles were illegal, especially those with defective tyres or brakes.

Whilst not wanting to tell the authorities how to do their jobs, it was felt that a strong line had to be taken and discussion ensued as to the number and severity of faults that might be recorded on a driver’s record before they may be required to come before the Committee for a licence review.  Following a request that more random checks were carried out, the Licensing Officer explained the difficulty of getting all the agencies together on an agreed date.  It was generally felt that some policy changes needed to be addressed by the Committee in order to create a more robust system of monitoring and penalising repeat offenders.

Following further discussion, it was agreed that Committee members would accompany officers on the next multi-agency check after which they would hope to have a clearer understanding of the process and procedures.  Consideration would then be given to the setting up of a working party, to include representatives from the Private Hire and Hackney Carriage drivers’ groups, to attempt to reach a consensus on policy changes relating to the maintenance and condition of vehicles.

At this juncture, Councillor Conroy withdrew his proposal.

RESOLVED

That the report be noted and that further information be brought together by officers and committee members with a view to introducing appropriate policy changes to address the concerns about the condition of a significant number of Private Hire and Hackney Carriage vehicles.

Report of the Borough Solicitor

The Chair explained that, whilst the Licensing Committee could reach agreement on the setting of licence fees, they had no power to enforce any changes, as this was a Cabinet function, as set out in the Local Government Act 2000.  The Committee’s role was therefore to evaluate the proposals set out in the report and decide whether or not to recommend those proposals to cabinet.

John Kelly addressed to the Committee setting out his objections to the proposed increase in licence fees, suggesting that when the Council stopped using its own premises for testing vehicles and contracted the function out to Jackson’s, there had been a reduction in the Council’s costs that had not been reflected in the licence fees.  He also objected to the obligation to have twice-yearly vehicle testing at a cost of £80 a time, stating that this was £27 dearer than a standard MOPT for a similar test.

Martin Keen read out a statement that had been prepared by Stuart Russell, Operator of Bounds Taxis, who was currently in hospital. Whilst Mr Russell appreciated the need for an increase in fees, he accused the Council of ‘highway robbery’ by the proposal to impose what he had calculated as a 400% rise.  He suggested that the level of the increase was an unreasonable reaction to the current economic downturn and he called for a transparent formula in the council’s future calculations, putting it to the Committee that profit being made from Hackney Carriage and Private Hire licensing fees was being used to underpin other licensing activities.

In response to questions from the Committee, Mr Keen confirmed that Mr Russell ran approximately 130 vehicles.

Kevin Willsher addressed the Committee and tabled a sheet of figures that he explained as being an alternative schedule of costs.  His statistics showed that a large increase in the number of licensed vehicles since the previous increase in fees had resulted in much greater revenue for the Council with, he suggested, no additional staffing or operational costs.  He gave the Committee a detailed breakdown of his figures and proposed that the Committee kept the licence fees at the amounts set in 2003.

Mr Willsher was reminded that the number of licensed drivers could fall as well as rise.  It was also established that the taxi tariff had increased by 47% during the period since 2003.

The Chair then moved that the public and press be excluded from the meeting on the grounds that there was likely to be a disclosure to them of such categories of exempt information as defined by Section 100 (1) of the Local Government Act 1972 as listed against such items of business by reference to the paragraph 5 of Schedule 12A to such Act.

The motion was carried.

The Solicitor explained to Members the reasons why the Licensing Committee did not have the authority to set the licence fees and advised them to consider the proposals as set out in the report and reach a decision as to  ...  view the full minutes text for item 7.

The Chair to Move:

“that the public and press be excluded from the remainder of the meeting on the grounds that there is likely to be disclosure to them of such categories of exempt information as defined by section 100(1) of the Local Government Act 1972 as listed against such items of business by reference to the appropriate paragraph of Schedule 12a to such act.”

The Chair moved that the Public and Press be excluded from the remainder of the meeting on the grounds that there was likely to be disclosure to them of such categories of exempt information as defined by Section 100(1) of the Local Government Act 1972 as listed against such items of business by reference to the appropriate paragraph of Schedule 12A to such Act.

The Motion was Carried.

Report of the Borough Solicitor

The Committee was satisfied that the individual had received adequate notification of the Licensing Committee meeting.

After listening to the evidence presented, the Committee made their decision.

RESOLVED

That the individual was not a fit and proper person to hold an Operators’ Licence and that the Licence be revoked.