Agenda and minutes

There were none.

There were none.

The minutes of the last meeting held on 3 November 2021 were agreed and signed as a true record.

The Chair congratulared Licensing Officer Freya Gill on her move to a new post within the Authority, the licensing team's loss is someone else’s gain.

The Chair also thanked Annette Wight for all her assistance in the recent months and welcomed Judith Baker to the Democratic Services Team.

The Chair circulated a press statement that had been agreed between Cheltenham Borough Council and the police. This was an update following issues raised at the October meeting. This document is attached.

Report of the Case Officer

The Senior Licensing Officer introduced the three items, as set out in his agenda reports, after agreement from Members that they be considered together as one item.  He explained that three drivers are seeking clarification as to how the Council will treat their lapsed applications, prior to them purchasing a new vehicle and/or making a new application.  These cases are complicated for three reasons:

-           the impact of the pandemic;

-           the Council’s planned introduction of a wheelchair accessible vehicle (WAV) policy from 31st December 2021;

-           the subsequent change to that policy in September 2021.

The Sub-Committee is being asked if it will give delegated authority to officers to grant permission for the new vehicle licences when made, and either treat them effectively as late renewals with new vehicles, or not recognise continuity rights and refuse to grant new licences, which would mean the applicants would have to submit brand new applications and would have to own a WAV.

Officers consider it reasonable for drivers to have surmised that the WAV policy may have changed in view of the pandemic/lockdown; anyone approaching the licensing team was advised that the policy was as stated at the time, and that they would be informed of any change as soon as possible – the Council was as clear as it could be under the circumstances.  However, some proprietors argue that the pandemic and the uncertainty made it difficult for them to make decisions regarding the purchase of new vehicles, and the question is whether this is sufficient reason to depart from council policy and allow continuity rights to these applicants.

The Senior Licensing Officer confirmed that, as always, each case must be decided on its own merits and that this is a temporary situation, with the Council due to consult on its new vehicle policy in the near future.

The case specifics of the three lapsed licences are as follows:

HCV 116, expired 08.02.2021, due to failed MOT; the driver decided not to renew at the time.

HCV 141, expired 20.06.2020 – the council had a lot of contact with this license-holder regarding council policy and continuity rights, the driver asking for mitigations as set out in the report to be taken into account.

HCV 118, expired 30.07.2021 – correspondence from this driver can be viewed in the report.

Member questions

In response to member questions, the Senior Licensing Officer confirmed that:

-           the cost to the driver of replacing a licence each year is the application fee of £232, plus a high-spec MOT and fitness test at a council-approved garage, plus insurance, which is more costly for Hackney Carriage vehicles.  In addition, when a vehicle reaches eight years of age, it requires a six-monthly MOT:

-           a licence is usually granted for one year, but any non-WAV vehicles due for renewal after 1st January 2021 would only have been licensed until 31st December 2021, when the new policy was due to be introduced.  The Council would still have charged the full  ...  view the full minutes text for item 5.

Report of the Case Officer

Report of the Case Officer

The Senior Licensing Officer  introduced the report.

The following were the responses to  Member questions:

-       A driver cannot have two fares i.e. a separate fare for a disabled passenger and another fare for non-disabled passengers as this will be discriminatory.  In the past WAV’s have been met by the private hire market.  A driver is not able to charge from where they are (for example on the rank in the Promenade) to where they are picking the person up from.

-       It was confirmed that most of the taxi ranks are in the town centre.

-       It was explained that the Equalities Act states that you cannot charge extra for a disabled passenger.

-       There was confirmation from the Senior Licensing Officer that there is some conflict between the Law and what the wheelchair user is happy with.

There was agreement that there was more research into the matter needed, including the proposal of an app for drivers.  Ground breaking is good however it was felt that it needs to be done with more thought and research.  It was agreed unanimously that the matter should be referred to Overview and Scrutiny to form a Scrutiny Working Group.

The committee is recommended to approve the following resolution:-

“That in accordance with Section 100A(4) Local Government Act 1972 the public be excluded from the meeting for the remaining agenda items as it is likely that, in view of the nature of the business to be transacted or the nature of the proceedings, if members of the public are present there will be disclosed to them exempt information as defined in paragraph 1 and 2, Part (1) Schedule (12A) Local Government Act 1972, namely:

Paragraph 1; Information relating to any individual

Paragraph 2; Information which is likely to reveal the identity of an individual

Members voted unanimously to enter exempt session.

Report of the Case Officer

The Senior Licensing Officer introduced the report.

After Member questions and Member debate.

It was discussed by the committee that it might be appropriate for this matter to be adjourned to allow the applicant to attend an interview with the Senior Licensing Officer.  The adjournment was put to the vote

FOR: 5

AGAINST: 0

The matter was adjourned and will be heard again on 18^th January 2022.

Members were issued with a copy of the letter that the Chair had sent to both the local police and to the Minister for Crime and Policing regarding safeguarding notification issues.