Agenda and minutes

The Committee is asked to note any apologies for absence and substitutions received from Members.

There were no apologies for absence or substitution.

To confirm and sign as a correct record, the minutes of the meeting of the Committee, held on Monday, 17 January 2022.

It was resolved that the minutes of the meeting of the Committee held on Monday 17 January 2022 were approved as a correct record and signed by the Chairman.

Councillors are invited to declare any Disclosable Pecuniary Interests or Personal Interest, and the nature of it, in relation to any item on the agenda.

There were no declarations of interest by Councillors in relation to any item on the agenda for this meeting.

Subject to providing two working days’ notice, a Member of the Committee may ask the Chairman of the Committee a question on any matter in relation to which the Council has powers or duties which affect the Tendring District and which falls within the terms of reference of the Committee.

On this occasion no Councillor had submitted notice of a question.

The Committee is invited to consider separate requests from the Tendring Taximeter Forum and from the Clacton Taxi Private Hire Group for changes to the approved Hackney Carriage Fare Scale and to determine whether to approve a proposed variation to that currently approved Fare Scale.

The Committee had before it a report that outlined two requests, one from the Tendring Taximeter Forum (TTF) and one from the Clacton Taxi Private Hire Group (CTPHG). Both sought an icrease in th Hackney Fare Scale locally. The Committee was informed by the Licensing Manager (Michael Cook) shortly before the meeting the Councils Licensing Team that the TTF were withdrawing its request. This was because the TTF had been unaware of the request by the CTPHG, but now having reviewed the CTPHG request, they believed that this request was more inclusive and robust.

The request from the CTPHG received on 20 June 2022 requesting an increase in the scale of fares and a change of distance for which the Fare was calculated. Outlined below was the interpretation of the request by the CTPHG.

Includes change in yards on meter and tariff

With the permission of the Committees Chairman, it heard representations from a representative of the TTF. He explained how they felt the request from the CTPHG was better and that they withdrew their request on the basis they were in full support of the CTPHG request.

The Committee also heard representations from a representative of the CTPHG. He outlined that in his view their request would help in not only softening the impact of the full increases, but also the rising costs running taxies in general, like the cost of insurance, mechanical services and replacement vehicles.

The Committee recalled how they last approved a Hackney Carriage Fare Scale increase with effect   from 15 February 2022 (Minute 115 of 17 January 2022 referred).

Members were reminded that should they resolve to approve an intended variation to the existing Hackney Carriage Fare Scale, the law required that the proposed increase must be advertised in a local newspaper and representations may be submitted in response.  A period of 14 days (minimum) must be allowed for those representations.  If no representations were received in that period the variation to the Fares would take immediate effect.  However, if representations were received, the increase would not take effect until those representations have been considered.  For this Council, any representations received would be placed before the next available meeting of the Licensing and Registration Committee.  The Committee may then determine to confirm the increase, amend the proposed increase or withdraw the increase.

Some Councillors expressed concern that the current  ...  view the full minutes text for item 123.

The Committee is formally requested to authorise a commencement of a review of the Council’s Statement of Licensing Policy made under Section 5 of the Licensing Act 2003; with a view to a new Statement being adopted by this Licensing Authority.  

The Committee had before it a formal request to authorise a commencement of a review of the Council’s Statement of Licensing Policy made under Section 5 of the Licensing Act 2003; with a view to a new Statement being adopted by this Licensing Authority.   As part of the proposed review, the Committee would be invited to consider all representations received during a consultation with stakeholders on the context of a revised Statement of Licensing Policy and to recommend a proposed new Statement to Council.  The proposed timetable for the review would see the consultation phase concluded in sufficient time for representations to be submitted to this Committee’s, now scheduled, meeting on 31 August 2022; and a proposed new Statement of Licensing Policy being considered by Council at its meeting on 20 September 2022. 

The Members recalled that the last time the Council approved a Statement of Licensing Policy was in 2016 (Council Minute 103 from the 9 February 2016 meeting refers).  Each Statement should apply for a period of five years and that period normally expires on 6 January (2021 in the most recent instance).  In view of the position, where the five year period to which the 2016 Statement had expired, it was vital that all necessary steps were taken to adopt a valid new Statement without delay.  The Licensing Authority may determine to apply a five year period to any new Statement of Licensing Policy and thereby any new Statement would not expire on 6 January 2026.

The Committee was advised by the Head of Democratic Services and Elections that an apology was due to the Committee for the situation concerning the absence of a Statement of Licensing Policy since the start of 2021.

During the course of the report some Members raised a number of amendments they would wish to see within the Council’s Statement of Licensing Policy.

After a short discussion the Committee RESOLVED that it:

a)         Notes that the five year period to which the Authority’s Statement of Licensing Policy (adopted in 2016) expired on 6 January 2021; 

b)         Authorises the Council’s Licensing Manager to take all the required steps set out in the Licensing Act 2003 to enable the Committee at its (now scheduled) meeting on 31 August 2022 to consider the representations from consultees on a new Statement of Licensing Policy and submit a proposed new Statement for consideration by Council on 20 September 2022; and

c)         Authorises, if satisfied, the use of the draft Statement of Licensing Policy 2022-2027 set out at Appendix A to this report for the purposes of consultation with consultees.