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Shropshire Council
Shirehall
Abbey Foregate
Shrewsbury
Shropshire
SY2 6ND

Agenda and minutes

Strategic Licensing Committee
Wednesday, 6th March, 2019 10.00 am

Venue: Shrewsbury Room, Shirehall, Abbey Foregate, Shrewsbury, Shropshire, SY2 6ND. View directions

Contact: Shelley Davies  Committee Officer

Items
No. Item

47.

Apologies

To receive apolgies for absence

Minutes:

Apologies for absence were received from Councillors Roy Aldcroft, Clare Aspinall, Robert Tindall and Dave Tremellen.

48.

Minutes of Previous Meeting pdf icon PDF 66 KB

To approve the minutes of the previous meeting as a true record

Minutes:

RESOLVED:

 

That the Minutes of the meeting held on 23rd January 2019 be approved as a correct record.

49.

Public Question Time

To receive any questions or petitions from the public, notice of which has been given in accordance with Procedure Rule 14.  The deadline for this meeting is no later than 24 hours prior to the commencement of the meeting.

Minutes:

The Chairman reported that three public questions had been received.

 

Question 1 - received from Mark Higgins:

 

I object to any changes to vehicle type and ask the council to withdraw its proposals for 100% WAV taxis. Taxis (Public Hire) provide a crucial role in transporting the public.

 

For years Shropshire council have addressed the potential for anti-social behaviour and safe passage for the public by providing taxi rank marshals to assist with the many revellers who are a vital part of Oswestry’s night time economy and are transported efficiently and safely from the taxi rank.

 

In Oswestry we don’t have Uber or indeed any app booking taxis or private hire and the public use the town centre taxi rank in great numbers.

 

Operating predominantly private hire vehicles in Oswestry would have a big impact on policing and anti-social behaviour increase in drunk driving & un licenced activities as Private hire cannot lawfully provide a here and now booking.

 

The cost of replacing saloon taxis to wheelchair accessible taxis would not be financially viable.

 

Has Shropshire council consulted with the Police informing them of Mandy Beever’s  suggestion that if a WAV is too costly, taxis could simply be replaced with Private Hire vehicles?

 

The response as follows was read out by the Chairman:

 

Shropshire Council sent West Mercia Police details of both consultations inviting them to respond.  No response was received.

 

Question 2 - received from Richard Price on behalf of himself and Shrewsbury Station Taxis:

 

Although we find most of the policy workable, regarding appendix B 3b.33 (age Limits) of the proposed policy, we would like to raise the point that this policy does not provide a lifeline expectancy of euro 6 wheelchair accessible vehicles beyond the end of the policy in march 2024, therefore operators are going to find it impossible to invest the £20,000 to £60,000 required for one of these vehicles without knowing how long beyond 2024 we will be able to continue to use them.

 

Therefore we would like to suggest that added to this policy is that post 1st September 2016 euro 6 vehicles will continue to have their licences renewed for 10 years from date of original registration, we don’t consider this to be an unreasonable request considering Transport for London who operates within an ultra-low emission zone is allowing re licensing of euro 6 vehicles until 2030 or until they are 12 years old.

 

 

The response as follows was read out by the Chairman:

 

It is being proposed today that an additional paragraph should be added to the Policy document to provide reassurance to the trade in regard to the Councils position on emission/age restrictions namely that:

 

Part 3b.33, 3c.26, 3d.34, Emissions/Age Restrictions

A note to be added to the bottom of the emission/age restriction chart on each page as follows:

NB: The chart above provides information for the licensing of vehicles up to 31 March 2024 and the maximum age for a vehicle to remain licensed.  The Council does not currently intend  ...  view the full minutes text for item 49.

50.

Disclosable Pecuniary Interests

Members are reminded that they must not participate in the discussion or voting on any matter in which they have a Disclosable Pecuniary Interest and should leave the room prior to the commencement of the debate.

Minutes:

Members were reminded that they must not participate in the discussion or voting on any matter in which they had a Disclosable Pecuniary Interest and should leave the room prior to the commencement of the debate.

 

 

51.

Proposed Hackney Carriage and Private Hire Licensing Policy 2019 to 2023 pdf icon PDF 171 KB

Report of the Transactional and Licensing Team Manager is attached, marked 5.

 

Contact: Mandy Beever (01743 251702)

 

Additional documents:

Minutes:

Consideration was given to the report of the Transactional and Licensing Team Manager (copy attached to the signed minutes).  The report set out the proposed Hackney Carriage and Private Hire Licensing Policy 2019 to 2023 and highlights those matters that had led to the most significant changes.

 

The Transactional and Licensing Team Manager detailed the consultation process and went through the proposed amendments to the Policy as at Appendix B and explained that the recommendation took account of these changes:

 

Part 1 – Paragraph 1.2 bullet point 7 (top of Page 108)

 

Existing:

that the hallmark of the regulatory licensing regime is localism and that the local authority responsible for granting licences ought to have the authority to exercise full control over all vehicles and drivers being operated within its area.  The Council believes that the increasing prevalence of cross-border hiring is fundamentally undermining local licensing control.  Public safety is being threatened and environmental aspirations diluted in cases where drivers/vehicle proprietors ‘shop around’ to be licensed by local authorities that demand the lowest standards and then exclusively or predominantly work in an area or areas where standards are higher and licences more difficult to obtain.  As a result, the Council will give serious consideration to applying restrictions within licence conditions to restrict any perceived erosion of localism in the governance of private hire licensing.

 

Revised:

that the hallmark of the regulatory licensing regime is localism and that the local authority responsible for granting licences ought to have the authority to exercise full control over all vehicles and drivers being operated within its area.  The Council believes that the increasing prevalence of cross-border hiring can undermine local licensing control.  Public safety is being threatened and environmental aspirations diluted in cases where drivers/vehicle proprietors ‘shop around’ to be licensed by local authorities that demand the lowest standards and then exclusively or predominantly work in an area or areas where standards are higher and licences more difficult to obtain. 

 

Part 2 - Cross-border hiring (Page 115)

 

Existing:

2.XX      Cross-border hiring is a term used to describe a situation where private hire vehicles or hackney carriages, that are licensed by one licensing authority work wholly or predominantly in another licensing authority area.

2.17       The issue of cross-border hiring is the most acute hackney carriage and private hire licensing problem currently facing the Council. 

2.18       This situation poses a significant risk to public safety, as well as the reputation of local government as a whole.  Consequently, the Council recognises the responsibility it has to use all appropriate mechanisms and opportunities, including working with and supporting other local authorities, to protect communities outside of its immediate responsibility.

 

Revised:

2.XX      Cross-border hiring is a term used to describe a situation where private hire vehicles or hackney carriages, that are licensed by one licensing authority work in another licensing authority area.

2.17       (Removal of this paragraph in its entirety)

2.18       This situation poses a potential risk to public safety, as well as the reputation of local government as  ...  view the full minutes text for item 51.

52.

Hackney Carriage and Private Hire Licensing Fees 2019 to 2020 pdf icon PDF 118 KB

Report of the Transactional and Licensing Team Manager is attached, marked 6.

 

Contact: Mandy Beever (01743 251702)

Additional documents:

Minutes:

Consideration was given to the report of the Transactional and Licensing Team Manager (copy attached to the signed minutes).  The report set out the objection in respect of the variations proposed to the fees in relation to driver, hackney carriage (zones 1, 2, 3, 4 & 5), private hire vehicle and operator licences.

 

RESOLVED:

 

The Committee, in accordance with the provisions of Section 70 (5) of the Local Government (Miscellaneous Provisions) Act 1976, considered the objection received, together with associated officer comments, as set out in Appendix A, following the legally prescribed objection process that was undertaken in respect of the variations proposed to the fees in relation to driver, hackney carriage (zones 1, 2, 3, 4 & 5), private hire vehicle and operator licences and agreed, with any further modifications if necessary, to implement the variations proposed to the fees as set out in Appendix B with effect from 1 April 2019, this being a date not later than 2 months after the 4 February 2019.

 

53.

Exercise of Delegated Powers pdf icon PDF 85 KB

Report of the Transactional and Licensing Team Manager is attached, marked 7.

 

Contact: Mandy Beever (01743 251702)

Minutes:

Consideration was given to the report of the Transactional and Licensing Team Manager in relation to delegated powers to issue and amend licences.  (Copy attached to the signed minutes).

 

The Transactional and Licensing Team Manager referred to Appendix A of the report and noted that under the information for the Licensing Act 2003 the number of Temporary Event Notices with Alcohol should read 87 and Temporary Event Notices no Alcohol should read 0.

 

RESOLVED:

 

That the report of the Transactional and Licensing Manager be noted. 

 

 

54.

Records of Proceedings - Licensing Act Sub-Committee pdf icon PDF 105 KB

To note the records of proceedings of the Licensing Act Sub-Committee meetings for May 2018 – December 2018.

 

Minutes of the following meetings are attached for the Committees information:

 

·         6th June 2018

·         14th August 2018

·         7th October 2018

 

Contact: Emily Marshall (01743 257717) or Shelley Davies (01743 257718)

Additional documents:

Minutes:

The records of proceedings of the Licensing Act Sub-Committee meetings from May 2018 to December 2018 were received by Members. (Copy attached to the signed minutes). 

 

RESOLVED:

 

That the records of proceedings of the Licensing Act Sub-Committee meetings from May 2018 to December 2018 be noted.

 

55.

Appointment to Licensing and Safety Sub-Committee

·         To confirm the appointment of Councillor Pam Moseley.

Minutes:

RESOLVED:

 

The appointment of Councillor Pam Moseley to the Licensing and Safety Sub-Committee was confirmed.

56.

Future Agenda Items

An opportunity for Members to identify additional matters that ought to be brought before the Committee for consideration at future meetings.

Minutes:

Members were given the opportunity to identify additional matters that ought to be brought before the Committee for consideration at future meetings.

 

RESOLVED:

 

No future agenda items were identified.

 

57.

Date of Next Meeting

To note that the next meeting of the Strategic Licensing Committee will be held on Wednesday, 19th June 2019 in the Shrewsbury Room, Shirehall, Shrewsbury.

Minutes:

RESOLVED:

 

It was noted that the next meeting of the Strategic Licensing Committee would be held on Wednesday, 19th June 2019.

 

 

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