Agenda and minutes

Licensing and Regulatory Committee
Monday, 15th January, 2018 10.00 am

Venue: Council Chamber, Council Offices, The Burys, Godalming

Contact: Ema Dearsley  Democratic Services Officer

Items
No. Item

19.

Minutes

To receive the minutes of the meetings held on 25 September and 19 December 2017 (to be laid on the table half an hour before the meeting).

Minutes:

The minutes of the meetings held on 25 September and 19 December 2017 were confirmed and signed.

20.

Apologies for Absence and Substitutions

To receive apologies for absence and to report any substitutions

Minutes:

Apologies for absence were received from Councillors Anna James, Simon Inchbald and John Fraser.

21.

Declarations of Interest

To receive from members declarations of interest in relation to any items included on the agenda for this meeting, in accordance with the Waverley Code of Local Government Conduct.

Minutes:

There were no declarations of interest received.

LICENSING ACT 2003 ITEMS

PART I - RECOMMENDATIONS TO THE COUNCIL

22.

HACKNEY CARRIAGE AND PRIVATE HIRE POLICY REVIEW - SURREY WIDE AND WAVERLEY CONSULTATIONS pdf icon PDF 96 KB

This report details the consultation process and responses on the proposed changes to the Taxi and Private Hire Licensing Policy to help prevent the sexual exploitation of vulnerable children and adults by introducing consistent standards across Surrey.

 

The consultation responses for both Waverley and across Surrey were largely in favour of both the proposals.

 

The key changes are:

 

-           Adopting a consistent taxi and private hire convictions policy across Surrey

-           Mandatory Child Sexual Exploitation (CSE) training for all taxi and private hire drivers in Surrey.

 

Recommendation

 

The Licensing and Regulatory Committee is asked to recommend to the Council that:

 

1.         the revised Taxi and Private Hire Convictions Policy in Annexe 3 be adopted to replace the convictions policy (Annexe 2) of the Taxi and Private Hire Policy 2018-2023;

 

2.         the requirement for all existing taxi and private hire drivers to undertake mandatory CSE training by 1 May 2019 be approved;

 

3.         the requirement for all new taxi and private hire drivers to undertake mandatory CSE training from 11 April 2018 be approved; and

 

4.         the Head of Policy and Governance be authorised, in consultation with the Chairman and Vice-Chairman of the Licensing and Regulatory Committee, to make such minor amendments to the Hackney Carriage and Private Hire Policy as may be required from time to time.

 

Additional documents:

Minutes:

The Committee received two consultation reports. The first was in relation to a Surrey wide consultation on proposed changes to the Taxi and Private Hire Policy to help prevent the sexual exploitation of vulnerable children and adults by introducing consistent standards across Surrey. The second was a Waverley only consultation looking at changes to the window tinting consideration and using a mobile phone whilst driving.

 

The Committee was advised that the Surrey Safeguarding Children Board

(SSCB) and its partners, including all 11 Surrey local authorities, had agreed

a Child Sexual Exploitation Strategy and action plan. The aims of the strategy

were to develop a coordinated response to child sexual exploitation (CSE)

across the county. Within the action plan there were two actions identified in relation to CSE. There were:

 

-           Adopting a consistent taxi and private hire convictions policy across

            Surrey; and

 

-           Mandatory CSE training for all taxi and private hire drivers in Surrey.

 

Reigate and Banstead BC had coordinated a six week consultation on behalf of all 11 Surrey Local Authorities and 396 responses were received, 7 of which were from Waverley. Members noted that the consultation results showed support across Surrey for the introduction of the convictions policy. 73% (69% of the taxi and private hire trade and 76% of those who live and work in the county) agreed with the relevant convictions and free from conviction timescales being included in the new policy and used when determining if a person is ‘fit and proper’. There was also strong support that people banned from working with children or vulnerable adults should not normally be granted a taxi or private hire licence. 87% (93% of those who live or work in Surrey and 78% of the Surrey taxi and private hire trade) were in agreement that it should be included in the policy.

 

The Committee asked why there was so few responses from Waverley Licensees on the Surrey wide consultation. Officers advised that it was administered by Reigate and Banstead but they had notified all licensees about it. It may have been because one of the responses was from a Farnham driver and had responded on behalf of a group.

 

In relation to the Waverley consultation, 5 representations were made on the issue of tinting. There was concern expressed about how they would know what percentage of tinting they had on their car and some new cars fitted these as standard. The Committee asked what other Councils did and the officers advised that they had revised the wording to make it clearer and they were inline with other local authorities on this matter. Private Hire could also apply for an exemption as in some circumstances a higher level of tinting was required.

 

The Committee noted that the other significant change was in relation to using a mobile phone whilst driving and it was agreed that if this was the case then the maximum amount of points should apply.

 

Accordingly the Committee

 

RECOMMENDS that

 

1.    the revised version  ...  view the full minutes text for item 22.

PART II - MATTERS OF REPORT

The background papers relating to the following items are as set out in the reports included in the original agenda papers.

23.

MINUTES OF THE MEETINGS OF THE LICENSING ACT 2003 SUB-COMMITTEES pdf icon PDF 229 KB

To receive the Minutes of the Meeting of Licensing Sub-Committee B held on 11 December 2017 and Licencing Sub-Committee A held on both 20 November 2017 and 3 January 2018 (to follow).

 

Recommendation

 

It is recommended that the Minutes of the Meeting of Licensing Sub-Committee B held on 11 December 2017 and Licencing Sub-Committee A held on both 20 November 2017 and 3 January 2018 (to follow) be noted.

Additional documents:

Minutes:

The minutes of the meetings of Licensing Sub-Committee B held on 11 December 2017 and Licensing Sub-Committee A held on both 20 November 2017 and 3 January 2018 were confirmed.

24.

MINUTES OF THE MEETINGS OF THE LICENSING (GENERAL PURPOSES) SUB-COMMITTEE pdf icon PDF 60 KB

To receive the Minutes of the Meetings of the Licensing (General Purposes) Sub-Committee held on 16 October and 20 November 2017.

 

Recommendation

 

It is recommended that the Minutes of the Meetings of the Licensing (General Purposes) Sub-Committee held on 16 October and 20 November 2017 be noted.

 

Additional documents:

Minutes:

The minutes of the meetings of the Licensing (General Purposes) Sub-Committee held on 16 October and 20 November 2017 were confirmed.