Agenda and minutes

Members are reminded of their responsibility to declare any pecuniary interest in respect of matters contained in this agenda.

If you have a pecuniary interest you must withdraw from the meeting. Normally you should leave the room before the business starts to be discussed. You do, however, have the same right to speak as a member of the public and may remain in the room to enable you to exercise that right and then leave immediately. In either case you must not seek to improperly influence a decision on the matter.

There were no declarations.

Members of the public who have requested the opportunity to ask a question(s) on an item on the agenda will be asked to put their question(s) to the Committee.  Each member of the public will be allowed to ask one supplementary question within his/her allocated 3 minutes. 

https://democracy.chorley.gov.uk/documents/s67429/Appendix%203%20Standing%20Orders%20Aug%2016.pdf

There were no public questions received.

RESOLVED – That the minutes of the Licensing and Public Safety Committee held on Wednesday, 10 July 2019 be confirmed as a correct record for signature by the Chair.

RESOLVED – That the minutes of the General Licensing Sub-Committees held on 14 August, 11 September and 9 October 2019 be confirmed as a correct record.

RESOLVED – That the minutes of the Licensing Act 2003 Sub-Committees held on 9 October 2019 be confirmed as a correct record.

Report of the Director of Customer and Digital.

Nathan Howson, Enforcement Team Leader (Licensing), presented a report of the Director (Customer and Digital) requesting that Members determine the procedure to be followed when the Authority becomes aware that a Personal Licence holder has been convicted of a relevant offence.

In response to Councillors’ questions, it was noted that delegating powers to officers in consultation with Chair or Vice-Chair was consistent with existing practices regarding referrals of taxi driver licence holders for minor offences or cautions, and that putting this policy in place would not undermine the existing Personal Licence holder review underway. However, the Enforcement Team Leader pointed out that the decisions could be distinguished because determinations involving personal licences do not involve the application of any fit and proper test as is the case in taxi licensing and also any decision on personal licences must be based on consideration of the licensing objectives in the Licensing Act 2003.

RESOLVED – That:

1.    The decision of whether to consider revoking or suspending a Personal Licence where the holder has been convicted of a relevant offence before or after the grant of the personal licence be delegated to an Authorised Officer, in consultation with the Chair or Vice Chair of the Licensing and Public Safety Committee.

2.    The decision whether to revoke or suspend a Personal Licence where the holder has been convicted of a relevant offence before or after the grant of the personal licence, where the holder has made representations be determined by a hearing of the Licensing Act 2003 Committee following a formal hearing in all cases. The hearing procedure and timescales to have regard to those relevant to a contested Personal Licence application.

3.    The decision whether to revoke or suspend a Personal Licence where the holder has been convicted of a relevant offence before or after the grant of the licence, where the police have made representations be determined by a hearing of the Licensing Act 2003 Committee following a formal hearing in all cases. The hearing procedure and timescales to have regard to those relevant to a contested Personal Licence application.

Report of the Director of Customer and Digital.

Nathan Howson, Enforcement Team Leader (Licensing), presented a report of the Director (Customer and Digital) asking Members to determine whether to implement the sections of the Equality Act 2010 relating to licensed wheelchair accessible vehicles (WAVs).

In response to Members’ questions, it was noted that the Council’s records showed 10 licenced WAVs in the borough. Officers advised they were aware of more but that the details/specifications of these were not recorded, and Councillors agreed the creation of a list (as included under Section 167) would be a good opportunity to update these records. With regards to the advantages of implementing the Sections, it was noted that passengers would be able to see what vehicles were available and how to access them and there was a duty on drivers to offer additional assistance.

Members of the Committee agreed that there was a definite need in Chorley for WAVs and that implementing these Sections was a good way to address that need. It was noted that, from here, a policy would be drafted for Members’ consideration after which consultation would commence.

RESOLVED – That:

1.    Sections 165, 166 and 167 of the Equality Act 2010 be implemented, and

2.    Officers prepare a policy for the Committee’s consideration in respect of the specification of wheelchair accessible vehicles and the exemption criteria and procedure for those drivers who could not comply with the duties set out in the Act on medical or physical condition grounds.

Members discussed the pros and cons of passengers sitting in the back of taxis rather than at the front for reasons of public safety for passenger and driver. It was noted that drivers were unable to dictate where passengers sat and Members agreed that individuals should be able to sit in any seat in a taxi with no concerns for their safety.