Issue - meetings

Report of the Director of Early Intervention and Support (enclosed)

The Director of Early Intervention and Support submitted a report advising members of the Licensing and Public Safety Committee to consider the proposed review of the Scheme of Delegation for licensing functions.

The current Scheme of Delegation was agreed in March 2009 with minor amendments made in 2015. Members of the Licensing and Public Safety Committee requested that the current scheme was reviewed and the amendments put before them for consideration following a number of cases being bought before the General Licensing Sub-Committee where a Director decision in consultation with the Chair was considered a more appropriate approach.

The first proposal included the addition of non-standard conditions on driver licences following consultation with the Council’s Medical expert. Therefore any decision delegated to officers would comply with qualified medical advice to the council. As a result, it was agreed that officers had authority to grant or renew or revoke and re-grant Private Hire or Hackney Carriage Driver Licences where there was clear direction from the medical expert, with the requirement for consultation with the Chair or Vice-Chair removed.

The second proposal related to the grant of exemptions on medical grounds, for example dog allergies, under Equality legislation following referral for consideration where criteria is met, and refuse where criteria is not met. This constitutes a decision that must be made with high regard to equality legislation, it was agreed that the requirement for prior consultation with Chair or Vice Chair be removed.

The third proposal recommended that the power currently delegated to the licensing officer to suspend a Private Hire or Hackney Carriage Driver Licence for periods not exceeding 14 days be amended to a period not exceeding 28 days to provide a safety net for the Council. Members were informed that 28 days was an appropriate timeframe and would result in reduced member involvement whereas 14 days was not a feasible time period to enable a report to be brought back to committee.

The proposal was amended at Committee following discussion and agreed that this would not be in consultation with the Chair and Vice-Chair for any period up to 28 days and if for a period for longer than 28 days in consultation with Chair or Vice-Chair where reasonably practicable. Although highly unusual for circumstances to arise where this power need to be exercised (all suspensions of driver licences with immediate effect have so far been made under the delegation to the relevant Director), members were informed that it was an essential requirement nonetheless for unusual situations where it was not possible for the Director to exercise the power e.g. at night time on the rank itself.

The current wording of paragraph 2.6 of the relevant section of the constitution was discussed in that it currently relates to both driver and vehicle licences. Therefore, the current position does not allow an Officer to suspend a vehicle licence, following an inspection, without consulting the Chair/ Vice Chair. This is impractical. Therefore it was proposed to separate the delegations to allow  ...  view the full minutes text for item 46