Agenda and minutes

The Chair welcomed everyone to the meeting, and introduced Mr Howard Culshaw from Pendle Borough Council who was providing legal support.

To receive any apologies for absence.

Apologies were received from Cllr Shbana Khan.

To approve as a correct record the Minutes of the last meeting as enclosed.

The minutes of the last meeting were accepted as a true record and signed by the Chair.

To consider the re-classification of part of Rossendale Road, Burnley as a prohibited street for the purposes of street trading.

This item was withdrawn from the meeting.

To approve the draft policy to be circulated for statutory consultation.

To seek approval for changes to licensing conditions required to deliver compliance with the Department for Transport (DfT) Statutory Taxi and Private Hire Vehicle Standards.

The Licensing and Compliance Officer introduced a report setting out some of the immediate actions to help the Council deliver compliance with the Department for Transport (DfT) Statutory Taxi and Private Hire Vehicle Standards.  A review of the convictions policy would also be required and the results of this would be brought back to committee at a future date.

DECISION

The Committee resolved to:

(i)    Require 6 month DBS reviews for all drivers and annual DBS reviews for all operators via mandatory subscription to the DBS Update Service. To be implemented immediately for new applications, and at the first DBS renewal date for all existing licence-holders.

(ii)  Introduce a mandatory requirement of Safeguarding Awareness Refresher Training for driver’s licence renewal applications. To be completed within 2 months of renewal.

(iii) Require applicants for vehicle proprietor licences, who do not hold a Burnley BC driver or operator licence, or another vehicle licence where DBS conditions are met, to submit a basic DBS check with the application, and each year thereafter for as long as they retain a vehicle proprietor licence. To be effective from 1^st July 2021.

(iv) Introduce a condition requiring Private Hire Operators to retain a register of all booking/despatch operators, containing dates of annual DBS reviews, for as long as they remain in their employment. To be effective from 1^st July 2021.

(v)  Consider at a future Licensing Committee any element of the DFT requirements relating to convictions that are more onerous than those contained in the existing convictions policy

To consider the options available to improve vehicle standards and to receive an update on the request to consider an extension to vehicle licenses.   

The Environmental Health & Licensing Manager introduced the report which contained a number of options in relation to increasing the safety of licensed vehicles within the taxi fleet.

DECISION

It was resolved that:

1.  The period of a vehicle licence be reduced to 4 months, increasing the number of routine inspections from 2 to 3 per annum, and
   1. The 4 month Private Hire Vehicle licence fee be set at £52, and
   2. The 4 month Hackney Carriage Vehicle fee be set at £83; and

2. The Committee recommends that Full Council amends the Council`s Constitution to add revocation of vehicle licences to the Head of Legal and Democratic Services (HoL&DS) delegations as follows:

At Part 3 1(b) Licensing Committee HoL&DS para 1(e)

`To be responsible for the suspension and revocation of Hackney Carriage vehicle licences and Private Hire vehicle licences`; and

3. That the exceptional criteria policy be revised to apply the MOT inspection manual categories of `dangerous`,  `major` and `minor` defects consistently to both the targeted intervention and exceptional condition criteria (which permits the licensing of hackney carriages up to 15 years).

4. The recommendation of the TTG to take no further action in relation to the request for extension to vehicle licences was noted.

To review the relaxation of taxi driver application requirements to accommodate covid-secure measures as agreed by the Committee.

The Environmental Health & Licensing Manager introduced the report which updated members on the interim actions which had been taken to allow the licensing of drivers to continue in a COVID secure way.

DECISION

It was resolved to:

To establish a Licensing Act 2003 sub-committee, and a Taxi Licensing sub-committee; and to appoint members to those sub-committees.

The Democracy Officer introduced the report which set out the requirement to establish and appoint Members to two licensing sub-committees in order to deal with Licensing Act 2003 issues and Taxi Licensing issues.

DECISION

It was resolved:

(1)       That a Licensing Act 2003 Sub Committee  be established for the  sub delegation of functions under the Licensing Act 2003 for a final hearing procedure;

(2)       That a Taxi Licensing Sub Committees be established for sub delegation of functions vested in the Licensing Committee relating to taxi licensing functions as set out in Part 3 of the Council’s Constitution; and

(3)       That Members be appointed to the sub committees on a rotational basis subject to their availability.