Agenda and minutes

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

Apologies for absence were given from Councillors Codling and Wiggins with no substitutes.

To confirm and sign as a correct record, the minutes of the meeting of the Committee, held on Monday, 24 July 2023.

It was moved by Councillor A Cossens, seconded by Councillor Smith and:-

RESOLVED that the minutes of the last meeting of the Committee, held on Monday, 24 July 2023 be approved as a correct record and signed by the Chairman.

Councillors are invited to declare any Disclosable Pecuniary Interests, Other Registerable Interests of Non-Registerable Interests, and the nature of it, in relation to any item on the agenda.

Councillor Smith declared for the public record that he was a London Taxi driver with 33 years’ experience but that he had no ties in that capacity to the District of Tendring.

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 will formally receive and note, for its information only, the minutes of the meeting of the Miscellaneous Licensing Sub-Committee held on Monday, 10 July 2023 and Wednesday, 16 August 2023.

It was moved by Councillor Smith, seconded by Councillor A Cossens and:-

RESOLVED that the Committee formally received and noted, for its information only, the Minutes of the meetings of the Miscellaneous Licensing Sub-Committee held on Monday, 10 July 2023 and Wednesday, 16 August 2023.

The Committee will formally receive and note, for its information only, the minutes of the Premises/Personal Licences Sub-Committee held on Tuesday, 8 August 2023.

It was moved by Councillor Davidson, seconded by Councillor Kotz and:-

RESOLVED that the Committee formally received and noted, for its information only, the Minutes of the meeting of the Premises/Personal Licences Sub-Committee held on Tuesday, 8 August 2023.

This report is submitted for the Committee’s consideration a proposed Taxi / Private Hire Policy. The proposed Statement of Taxi / Private Hire policy is submitted following a recent 8 week period of consultation on the Statement.

The Committee was given a presentation by the Head of Democratic Services & Elections (KS) regarding the Taxi/Private Hire Policy, which covered the following:-

(a)   Overall Role;

(b)   Vehicles, Drivers & Operators;

(c)   Vehicles;

(d)   Drivers; and

(e)   Private Hire Operators.

Members were then given an oral presentation by the Council’s Licensing Manager (MC), which reminded the Committee that, at the meeting on 24 July 2023, Members had authorised Officers to circulate the draft Statement of Taxi / Private Hire Policy to  stakeholders and interested parties in respect of that area of licensing for consultation purposes and that the outcome of that consultation be considered at a future meeting of the Committee prior to formal adoption of the finalised Taxi / Private Hire Policy by Cabinet.

The Committee was told that, prior to the 24 July 2023 meeting, the initial element of the work in regard to the development of the policy had been to consider the Department for Transport’s best practice guide to Councils in respect of that area of licensing, the 2022 consultation draft on an updated best practice guide and any amendments the Committee had suggested at its 8 March 2022 meeting. The Committee on 8 March itself considered comments received to an initial consultation exercise undertaken between December 2022 to February 2023. Further consultation on the policy had taken place between July and September 2023 and the survey results were attached to the Officer report.

It was reported to the Committee that a key impetus towards the development of a cohesive licensing policy in that area had been the statutory taxi and private hire vehicle standards, issued by Government in July 2020. By virtue of Section 177(4) of the Policing and Crime Act 2017, licensing authorities must have regard to the standards issued by Government, and also to the Taxis and Private Hire Vehicles (Safeguarding and Road Safety) Act 2022.

Officers informed Members that, in referenced licensing policies for Taxi and Private Hire Services, in the statutory Taxi and Private Hire vehicle standards, it read:

“The Department recommends all licensing authorities make publicly available a cohesive policy document that brings together all their procedures on taxi and private hire vehicle licensing. This should include but not limited to policies on convictions, a ‘fit and proper’ person test, licence conditions and vehicle standards.

When formulating a taxi and private hire vehicle policy, the primary and overriding objections must be to protect the public. The importance of ensuring that the licensing regime protects the vulnerable cannot be overestimated. This was highlighted in the report by Dame Louise Casey CB of February 2015 in safeguarding failings.”

Members finally heard that, if satisfied, the Committee was invited to recommend the proposed Statement of Taxi / Private Hire Policy for adoption by Cabinet as its meeting due to be held on 10 November 2023.

It was moved by Councillor Davidson, seconded by Councillor Casey and unanimously:-

RESOLVED that the Committee:

a)    notes the outcome of the consultation undertaken on a Statement of Taxi  ...  view the full minutes text for item 19.

To enable the Committee to discuss fixing the date of its next meeting which is likely to be held in January 2024.

It was RESOLVED that the next meeting of the Committee would be held on Wednesday, 31 January 2024, commencing at 6.30 p.m..

The Committee is asked to consider passing the following resolution:-

“that under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of Agenda Item 10 on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 1 of Part 1 of Schedule 12A, as amended, of the Act.”

It was moved by Councillor Thompson, seconded by Councillor A Cossens and:-

RESOLVED that, under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting during the consideration of Agenda Item 10 on the grounds that it involved the likely disclosure of exempt information as defined in paragraph 1 pf Part 1 of Schedule 12A, as amended, of the Act.

The Committee will formally receive and note, for its information only, the exempt minutes of the meeting of the Miscellaneous Licensing Sub-Committee held on Monday, 10 July 2023 and Wednesday, 16 August 2023.

It was moved by Councillor Thompson, seconded by Councillor A Cossens and:-

RESOLVED that the exempt minutes of the meeting of the Miscellaneous Licensing Sub-Committee held on Wednesday, 16 August be formally received and noted.