Agenda and minutes

Apologies for absence were received from Councillors Capstick, Duncan, Eales and Hill.

To approve the minutes of the meeting held on 25^th September 2012.

The minutes of the meeting held on 25 September 2012  were confirmed and signed by the Chair as a true record, subject to the removal of the name of Councillor Malpas in the list of those present and moving the words “Councillor Hill took the Chair” from under apologies to under those present.

Messrs H Shah, K Willsher, M Jadoon, J Hills, P Bruere and S Ward were granted leave to address the Committee in respect of item 6 – Hackney Carriage and Private Hire vehicles Conditions Including Testing Criteria.  Mr S Willsher was granted leave to address the Committee in respect of item 7 – Review of Hackney and Private Hire Fees.

There were none.

There were none.

The Senior Licensing Officer presented a report on the proposed amended Taxi and Private Hire Conditions and Vehicle Testing Arrangements.   The Committee on 8 May 2012, having considered consultation results and the research undertaken, had resolved not to introduce age limits on Hackney Carriages and Private Hire Vehicles and to remove the existing three year lower age limit on Hackney Carriages, pending the introduction of conditions to ensure a good standard of Hackney Carriage and Private Hire Vehicles is maintained in the town.  A Working Party had been established, with trade representatives as members, to work towards developing these conditions.  There had been agreement on the majority of issues in the proposed conditions, although there were a small number of areas where agreement had not been reached with the trade representatives.  Representations received after the proposed conditions had been circulated to the trade were appended to the report for Members’ consideration.

The proposed conditions were appended to the report and it was estimated that, if agreed, they would commence on 1 April 2013.

Mr K Willsher (trade representative on the Working Party) addressed the Committee.  He referred to the 1.6mm for tyre tread and 1.5mm for brake wear recommended in the DfT and Technical Officer Group Report (TOGR) for Hackney Carriages and Private Hire Vehicles, whilst officers were recommending 2mm in each case.  He stated that he had provided mileage figures of 30-40K miles per year for Hackney Carriage and Private Hire Vehicles and that national guidelines were for one MOT test per year for low mileages, which he suggested these were.  He stated that there would be difficulties if either of the Council’s MOT testing stations were out of action, say through flooding, and drivers had to use other stations since the conditions imposed more stringent measures than were legally required.  He also stated that inspections of tyre tread and brake wear were inspected visually and were not actually tested.

The Senior Licensing Officer stated that the mileages of Hackney Carriage and Private Hire Vehicles had been shown in the research undertaken by him to be higher than those suggested by the trade representatives.

Mr M Jadoon (trade representative on the Working Party) addressed the Committee.  He stated that the most vulnerable people in society tended to use taxis and those who could not afford to buy and run a car of their own.  Increasing the costs to taxi drivers through changing conditions would affect taxi users.  He stated that the national guidelines and conditions should be used rather than creating conditions for Northampton as they were based on a better understanding of the overall situation and they did not recommend 2 MOT tests per year based on the mileages the trade representatives stated were being driven by Hackney Carriage and Private Hire Vehicles in Northampton.

The Chair stated that the Committee had agreed on 8 May 2012 that the 2 MOT tests should remain.  If there was substantial evidence to support one MOT only per year that could  ...  view the full minutes text for item 6.

The Senior Licensing Officer presented a report recommending that consultations take place to review the Council’s licence fees applicable to Hackney Vehicles and Drivers and Private Hire Operators, Vehicles and Drivers. It was noted that although there was a legal requirement to advertise a change in some of the fees there was no legal requirement to consult.  Any objections would be considered before a decision was taken regarding any increases.

The Committee on 4 November 2008 and Cabinet on 20 May 2009 had resolved that Hackney carriage and private hire licence fees should be increased with effect from 1 June 2009 to their current level and they had not been increased since that date, although administration and other Council costs had increased during that time.  The process for the revision of Hackney/Private Hire fees is set out in legislation and allows local authorities to set fees intended to recover their reasonable costs but not to charge fees intended to make a profit.

Mr S Willsher addressed the Committee, stating that the proposed fees were not uniform and that the percentage increases varied considerably from a minimum of 7% to many at 33% and 50%.  He stated that the increases were unfair and should be reduced, either no increase or a maximum of 5%, and should be uniformly applied.  There had been no increase in Hackney Carriage fares since 2008 and if they were to be increased in May 2013 this would be for the first time in five years.

Members noted that the purpose of the report was to agree to consultation on the proposed fees and that the proposals would be looked at closely in relation to consultation responses which were received.

Mr H Shah addressed the Committee at the Chair’s discretion and asked why this issue had not been considered by the Working Party at the time they had considered the Hackney Carriage and Private Hire testing criteria as this would also affect drivers’ livelihoods.

In response it was stated that the two issues were covered by different legislation and the consultation periods could not be run together as they had different timescales.  The issue of licence fees was also beyond the scope of a Working Party and any objections would have to be considered by the Committee itself.  Any increases would be based on the recovery of costs, not on making a profit.

Mr M Jadoon addressed the Committee at the Chair’s discretion and spoke of the importance of the DfT guidelines and Office of Fair Trading guidance plus the Law Commission inquiry into licensing which was currently underway.

The Chair ruled that Mr Jadoon’s comments were not relevant to this item and related to the report covered at item 6 above.

It was noted that the results of any consultation would be reported to the additional meeting of the Committee it was proposed to hold on 11 February 2013 (minute 11 below refers).

RESOLVED:

1.         That, subject to the results of the consultation, with effect from  ...  view the full minutes text for item 7.

The Senior Licensing Officer presented a report recommending that the Council’s Street and House to House Collections Conditions be revised in line with the new Charities Act 2011, which replaced the existing four Acts covering this area.  The current regulations would be retained pending the change in regulations to be introduced under legislation at a later date.  “Exempt Charities” (those not requiring a local authority to hold a collection) would not be affected by the new Act.

In answer to a Member’s question, the Senior Licensing officer stated that the amended Council regulations stated that charities should be local or reflect a local need to be issued with a permit.

RESOLVED:

That with effect from 11 December 2012 the Council’s Street and House to House Collections Conditions be revised in line with the new Charities Act 2011.

The Senior Licensing Officer presented a report in relation to the current Street Trading position and requesting that consultation take place on proposals to increase fees and to create Standard, Premium and Town Centre categories as set out in the report.  Recommendations arising from the consultation would be considered by the Committee and then reported to full Council for consideration.

Concern was expressed by some members regarding any increases in fees in the current economic climate, particularly when fees had been reduced for market traders.  The Senior Licensing Officer stated that fees for street traders had not been increased since regulation had commenced in 2003 and were significantly less than those for market traders.  Comments were made by members that trading on the market should be encouraged.

A Member expressed concerns about illegal street traders in the town and asked that officers liaise with Trading Standards on this issue.

RESOLVED:

That with immediate effect consultation be undertaken to:-

(i)        Approve the proposed increases in Street Trading fees for inclusion in the draft consultation budget and in accordance with Appendix A of the report.

(ii)       Approve consultation on the proposed amendments to include Street Trading pitches located within the town centre and parks and in accordance with Appendix A of the report.

(iii)      Approve a consultation for the proposed three tier structure of the fees, to include a Standard, Premium and Town Centre category and in accordance with Appendix A of the report.

The Senior Licensing Officer presented the proposed Statement of Gambling Principles 2012-15 for all local authorities in Northamptonshire.   The last statement, which was a statutory requirement, had come into effect on 31 January 2010 and would expire on 30 January 2013, with the new statement coming into effect on the following day.  Consultation on the proposed statement had been undertaken, as set out in the report.

It was noted that the Statement of gambling principles 2012-15 would be reported to Council on 19 January 2013 for approval.

In answer to a Member’s question, the Senior Licensing Officer stated that local authorities have a duty to inspect premises with gambling machines at least annually.  In Northampton premises were inspected approximately six times a year in the town centre, and more frequently if complaints had been received.  

RESOLVED:

That the report be noted.

The Committee is not scheduled to meet between the date of this meeting and 19 March 2013.  It is likely that there will be business which will need to be considered during that period and Members are requested to consider setting a date for an extra meeting of the Committee on Monday 11 February 2013 at 6pm.

The Chair has been consulted on dates and Members have received notification of the intention to arrange an additional meeting of the Committee on this date.

As the Committee was not scheduled to meet again after this meeting until 19 March 2013, and there was likely to be business which would need to be considered during that period, Members were requested to consider setting a date for an extra meeting of the Committee, on Monday 11 February 2013 at 6.00pm.  The Chair had been consulted on the choice of date prior to the meeting and Members had received notification before the meeting of the intention to hold an extra meeting of the Committee on that date.

It was noted that the results of the two consultations agreed at minutes 7 and 9 above would be reported to this meeting.

RESOLVED:

That an extra meeting of the Committee be held on Monday 11 February 2013 at 6.00pm.