Agenda and minutes

The Chair welcomed everyone present to the meeting.

Apologies for absence were received from Councillors Judith Boothman, Terry Brown, David Dickinson and Pat Haughton.

Members are reminded of their responsibility to declare any personal interest in respect of matters contained in this agenda. If the interest arises only as result of your membership of another public body or one to which you have been appointed by the Council then you only need to declare it if you intend to speak.

If the personal interest is a prejudicial 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 of interest submitted by the Sub-Committee Members on any item on the agenda.

To confirm and sign as a correct record the minutes of the meeting of the Licensing and Public Safety Committee held on 16 September 2009 (enclosed).

That minutes of the meeting of the Licensing and Public Safety Committee held on 16 September 2009, be confirmed as a correct record and signed by the Chair.

To confirm and sign as a correct record the minutes of the meeting of the Licensing Sub-Committees on the following dates:

The minutes of the Licensing Sub-Committees held on 17 September 2009, 30 September 2009, and 4 November 2009 were confirmed as correct records and signed by the Chair.

To receive and consider a report of the Corporate Director (Neighbourhoods) (report enclosed).

The Committee considered a report of the Corporate Director (Neighbourhoods) that sought Members approval to implement the proposals to amend the conditions applied to taxi vehicle licence applications and the subsequent licence conditions.

Following the last Committee, a Sub-Group of the Licensing Liaison Panel had been established, which included representatives of the Private Hire and Hackney Carriage Trade and officers from the Public Protection Team.  The Sub-Group met on several occasions, and based on feedback received at the Sub-Group the following amendments to the taxi licensing vehicle conditions had been proposed:

·         Streamline vehicle testing frequency (hackney carriage and private hire) – vehicle testing would take place every six months, irrespective of the age of the vehicle, and provided the vehicle could be repaired to a standard that met the vehicle test requirement, would not be precluded from operating as a licensed taxi.

·         Vehicle testing format (hackney carriage and private hire) – withdrawal of the required third ‘Council Safety Test’ and instead rely on the MOT/VOSA test and the ‘Taxi Inspection and Safety Test’ to identify vehicles that were unsuitable or unsafe to operate as a taxi.  Testing garages would be provided with detailed guidance to assist them in assessing the elements of the Taxi Inspection and Safety Test.

·         Taxi Plate Requirement (hackney carriage and private hire) – one plate to be issued, for display, at the initial licensing period with a renewable internal taxi badge to be displayed with the date of expiry of the taxi licence.  This plate would be attached to the vehicle until such time the licence was not renewed or surrendered.  The business procedures within the Council would be used to monitor licences that had expired that had not been renewed or surrendered and the increased enforcement resources within the Public Protection Team would be used to investigate and seize plates not properly licensed.

·         Luggage Capacity Requirement (private hire only) – remove the requirement that licensed vehicles must be capable to carry one suitcase for each passenger that the vehicle was licensed to carry, and replace it with the condition that requires operators to determine the luggage carrying capacity of the fare at the time of booking.  The onus would be on the operator to inform the fare of any additional vehicles that would be required to accommodate luggage and ensure that all luggage was stowed internally in the vehicle in a manner that ensured the safety of passengers and other road users.  No changes to luggage carrying capacity for hackney carriage vehicles were proposed.

·         Tyre tread requirements (hackney carriage and private hire) – remove the requirement for a 3mm tread depth and rely on the national standard of 1.6mm over the central ¾ of the tread patters.  In addition the test requirements would be clarified to state that the spare tyre, where fitted must also comply too the same standard.  Where a vehicle was not equipped with a spare tyre at the time of manufacture, the vehicle manufacturers’ recommended ‘run flat’ or ‘self inflatable’ tyres  ...  view the full minutes text for item 36.

To receive and consider a report of the Corporate Director (Neighbourhoods) (report enclosed).

The Committee considered a report from the Corporate Director (Neighbourhoods) which informed Members of the results of the review of the current licensing liaison arrangements.

At the last Committee, held on 16 September 2009, Members approved a review of the Licensing Liaison Panel. 

After consultation with the Licensing Liaison Panel, held on 28 September 2009, and in consultation with the Chair and Vice Chair of Licensing and Public Safety Committee, the general view was that the existing arrangements should be retained with minor amendments and additions to the remit and make up of the panel.   The outcome of the review and consultation resulted in the following proposed operation of the Licensing Liaison Panel in Chorley:

·         the Panel would meet on a quarterly basis, and would discuss wider matters of interest in the licensed trade in its widest sense

·         the Panel would consist of an open membership drawn from Council Members, licensed premises trade, taxi licensing trade, other licensing trades, Disability Forum, Council Enforcement officers, Police, Fire Services and other Council directorates

·         the Panel would operate to a published constitution and code of conduct

·         although the Panel would not have any decision making powers, it was envisaged that through open discussion and published minutes the Panel would endeavour to influence decisions taken by other organisations and bodies

It was proposed by Councillor Adrian Lowe, seconded by Councillor Marion Lowe and subsequently RESOLVED (13:0) to accept the results of the Licensing Liaison Panel review and agreed the implementation of the proposed amendments, with the stipulation that the Chair and Vice Chair of the Licensing and Public Safety Committee would have respective roles on the Panel.

To receive and consider a report of the Corporate Director (Neighbourhoods) (report enclosed).

Members of the Committee received a report from the Corporate Director (Neighbourhoods) informing members of the enforcement activity of the Public Protection Team in relation to licensing issues during Quarter 2 (July 2009 – September 2009).

Key issues in the report included:

·         Taxi enforcement – 18 compliance checks on taxis resulting in the issue of 9 Defect Notices and 1 Suspension Notice – all notices were complied with in the specified time periods, resulting in no further action being necessary

·         Enforcement activity – 35 visits to licensed premises checked for compliance with conditions and respond to complaints.  In addition 12 joint visits with Trading Standards officers made to licensed premises for the purpose of test purchasing.  11 out of the 12 passed the purchase test.  The licensed premised that failed the test was issued with a ‘simple caution’ by the police to the licence holder.

The Committee RESOLVED that the report be noted.