Agenda and minutes

To receive the apologies of any Member who is unable to attend this meeting.

Apologies were received on behalf of Councillors A Clayton, Hunt and Smith.

To invite Councillors to declare any interests they may have in items on the agenda.

There were no declarations of interest.

To confirm as a correct record the minutes of the meeting of the Executive Committee held on

(Minutes attached)

RESOLVED that

the minutes of the meeting of the Committee held on 14th December 2010 be confirmed as a correct record and signed by the Chair.

To consider changes to the way that vehicle safety inspections are carried out.

(Report attached)

Members considered a report regarding vehicle testing of Hackney Carriages and Private Hire Vehicles licensed by Redditch Borough Council

Members were informed that a Best Value Inspection in 2003 had recommended that vehicle inspections should be provided externally.  Two garages had applied and had been authorised to conduct these inspections.  Officers reported that 99% of Hackney Carriage and Private Hire vehicle inspections were currently being carried out by one of these garages.

The Licensing Manager reported that the Licensing Team, assisted by engineers from Crossgates Depot, had conducted routine spot check inspections of vehicles licensed by the Council.  The results of these inspections had raised serious concerns regarding public safety, and clearly indicated that the majority of drivers were not maintaining their vehicles to an acceptable standard throughout the current 12 month test period.

The introduction of 6 monthly testing of vehicles would make a positive contribution in ensuring that all vehicles licensed by Redditch Borough Council would be maintained to an efficient road safety standard, ensure continuous improvement and help ensure that vehicle owners and drivers would maintain their vehicles to appropriate standards.  Officers reported that many of the vehicles were in use ever day of the year and that it was not uncommon for mileage to be up to 100,000 miles per annum, equivalent to 10 years mileage for an average car user.

RECOMMENDED that

1)                 vehicle testing to be carried out at 6 monthly intervals;

2)                 Hackney Carriage and Private Hire Vehicle Inspection testing be brought back in-house to ensure vehicle standards;

3)                 a new post of Vehicle Inspection Engineer be created to sit within the Licensing Team, stationed at Crossgates Depot, to carry out vehicle inspection tests, checks on accident damaged vehicles and other inspection duties, as necessary;

4)                 a Hackney Carriage and Private Hire Vehicle Inspection test fee of £50 be introduced, which will be looked at annually as part of fees and charges;

5)                 National Inspection Standards for Hackney Carriage and Private Hire Vehicles be adopted;

6)                 all Vehicle Engineers at Crossgates Depot be authorised to suspend Hackney Carriage and Private Hire Vehicles, in consultation with the designated Officer in Licensing, for those vehicles found to be not up to MOT / vehicle testing standards;

7)                 vehicle conversions be refused without SVA / IVA type approval from VOSA as from 1st April 2010; and

8)                 a review of the scheme be carried out 6 months after implementation.

(Officers to prepare a press release regarding the scheme.  The Legal Services Manager to confirm the legality of bringing the service in-house.)

To consider proposals to provide additional and alternative permanent Hackney Carriage Ranks on Evesham Road.

(Report attached)

Members considered proposals to provide additional and alternative Hackney Carriage Ranks on Evesham Road, Headless Cross.

The Manager of Licensing reported that Evesham Road is mostly residential but has a vibrant night time economy which includes a number of popular licensed premises.  The current provision of 3 taxi ranks on a pavement close to “The White Hart” had proved to be inadequate with Hackney Carriages ranking up illegally, which had added to existing problems of congestion.

Members were informed that the new proposal of 6 / 7 rank spaces outside “Steps Public House” and 3 spaces opposite “The White Hart” would help legalise Hackney Carriage ranking on Evesham Road and enable Responsible Authorities to enforce the new order, discourage Hackney Carriages parking on pavements and reduce the risk of accidents and road blockages.  Existing Bus Stops would be utilised for rank spaces between 7pm and 7am and would be marked as Bus Stop / Taxi Rank.

Officers reported that consultation had taken place between 1st October and 31st December 2009 with Redditch Taxi Association, the Highways Agency and West Mercia Police and all were in agreement with the proposals.

RESOLVED that

1)                 the new and alternative taxi ranks, as detailed at Appendix 1 of the report, following consultation with Redditch Taxi Association, West Mercia Police and the Highways Agency, be approved and advertised as required under the Local Government (Miscellaneous Provisions) Act 1976:

a)                 re-siting of the rank on the pavement outside the White Hart on Evesham Road to on the road opposite the White Hart:

b)                 a new rank on Evesham Road outside Steps Public House; and

2)                 a)         authority be delegated to the Director of Environment and Planning Services, in consultation with the Chair of the Licensing Committee, to finalise the Order where there are no objections; and

b)                 any objections received following public advertisement be reported back to the Licensing Committee for consideration.

3)                 a further report be made to this Committee when consultation has been completed and the proposals are ready for implementation.

To consider proposals to amend the Scheme of Delegation to Officers relating to Hackney Carriage and Private Hire licensing.

(Report attached)

The Committee received a report which sought approval of a “refusal protocol” for Redditch Borough Council relating to the power to refuse initial applications for licences from Hackney Carriage and Private Hire Drivers.  Additional delegated authority was sought to allow Officers to make decisions in line with the “refusal protocol”.

RECOMMENDED that

1)                 the Scheme of Delegation to Officers be amended to include additions as follows:

a)                 to refuse Hackney Carriage and Private Hire Vehicle Drivers’ Licenses in line with Redditch Borough Council’s refusal protocol and subject to the right of the applicant to appeal against such refusal to the Licensing Sub Committee (Taxis);

b)                 the delegation should incorporate the Head of Environment (HE), Manager of Environmental Health (MEH) and the Manager of Licensing (ML);

2)                 the “refusal protocol”, as detailed below, be approved and adopted by the Council with immediate effect;

‘Hackney Carriage and Private Hire Vehicle Drivers’ Licence Applications

“The Licensing Manager may refuse an initial application for a Licence if the Licensing Manager considers that it would be likely that the Licensing Sub Committee would do so when applying the Home Office guidance as to the Relevance of Previous Convictions as expounded in pages 63 to 81 of the Council’s Taxi Handbook.  The Licensing Manager shall immediately inform the applicant of the decision in writing and give the applicant a notice in writing of his / her right to appeal the decision to the Licensing Sub Committee within 21 days of notice of refusal.”

Delegated Officers:

HE      Head of Environment

MEH   Manager of Environmental Health’

ML      Manager of Licensing’

3)         decisions made by Officers using the Scheme of Delegation be reported to the Licensing Sub Committee (Taxis) at their next available meeting.

To consider minor variations to the Scheme of Delegation to Officers relating to the Licensing Act 2003.

(Report attached)

Members were informed that Central Government had issued supplementary Guidance to Local Authorities under Section 182 of the Licensing Act 2003 on a simplified process for minor variations to Premises Licences and Club Premises Certificates.

The Manager of Licensing reported that the guidance recommended that all decision in the administration of applications for minor variations should be delegated to Licensing Officers.  This would simplify the process and enable a minor variation to be made swiftly to a premises licence or club premises certificate, within prescribed time periods.

RECOMMENDED that

1)                 decisions in the administration process for Minor Variations under the Licensing Act 2003 be delegated to the Head of Environment (HE), Manager of Environmental Health (MEH) and Manager of Licensing (ML) as follows:

a)                 change of name and address of someone named in the Premises Licence – Section 33 of the Licensing Act 2003;

b)                 application to change the Designated Premises Supervisor – Section37 of the Licensing Act 2003;

c)                 application in relation to licence for community premises that authorises the sale of alcohol to dis-apply the mandatory conditions concerning the supervision of alcohol sales by a Personal Licence Holder and the need for a Designated Premises Supervisor – Sections 25A and 41D of the Licensing Act 2003;

d)                 application for Minor Variation of Premises Licence to add a licensable activity;

2)                 the Statutory set fee of £89 be entered into the Council’s list of Fees and Charges;

3)                 the Manager of Licensing report any Minor Variations to members of the Licensing Committee, by e-mail, when they occur; and

4)                 the Manager of Licensing include details of Minor Variations in her to this Committee on the Licensing Act 2003.

To consider the Committee Work Programme 2009/11.

Members received an update on the Committee’s work programme for 2009/11.

RESOLVED that

1)                 that the Cardiff Report update report be deferred until the meeting on 19th July 2010.

2)                 that a report regarding testing of Hackney Carriage and Private Hire Drivers be added to the agenda for the meeting on 26th April 2010.