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Agenda and draft minutes

Venue: Town Hall, High Street, Maidstone

Contact: Committee Services  01622 602899

Items
No. Item

31.

Apologies for Absence

Minutes:

Apologies were received from Councillors Grigg and J Sams.

32.

Notification of Substitute Members

Minutes:

Councillor Russell was present as Substitute Member.

33.

Urgent Items

Minutes:

The Chair had agreed an urgent update to Item 14 – Licence Fees and Charges 2022/23, which provided an updated fee table to that shown in point 2.15 of the report.

34.

Disclosures by Members and Officers

Minutes:

There were no disclosures by Members and Officers.

 

 

35.

Disclosures of Lobbying

Minutes:

Councillors Garten, Hinder, Naghi and Springett had been lobbied on Item 13 – Hackney Carriage & Private Hire – Knowledge Test.  

36.

Visiting Members

Minutes:

Councillor Kimmance was present as a Visiting Member for Item 13 – Hackney Carriage & Private Hire – Knowledge Test.

37.

EXEMPT ITEMS

Minutes:

RESOLVED:  That all items be taken in public as proposed.

38.

Minutes of the Meeting Held on 16 September 2021 pdf icon PDF 87 KB

Minutes:

RESOLVED: That the Minutes of the Meeting held on 16 September 2021 be approved as a correct record and signed.

39.

Minutes of the Licensing Act 2003 Sub-Committee Meeting held on 17 September 2021 pdf icon PDF 126 KB

Minutes:

RESOLVED: That the Minutes of the Licensing Act 2003 Sub-Committee held on 17 September 2021 be agreed as a correct record and signed.

40.

Minutes of the Licensing Act 2003 Sub-Committee Meeting held on 11 October 2021 pdf icon PDF 221 KB

Minutes:

RESOLVED: That the Minutes of the Licensing Act 2003 Sub-Committee Meeting held on 11 October 2021 be approved as a correct record and signed.

41.

Questions and answer session for members of the public

Minutes:

There were no questions from members of the public.

42.

Questions from Members to the Chairman

Minutes:

There were no questions from Members to the Chairman.

43.

Hackney Carriage & Private Hire - Knowledge Test pdf icon PDF 152 KB

Additional documents:

Minutes:

Prior to the report’s introduction the following speakers addressed the Committee; Mr John Iandolo;  Mr Jason Brown on behalf of Express Cabs; Ms Jade Collier on behalf of Express Cabs; Mr Ben Acres on behalf of Streamline Taxis; Mr Bob Dyer on behalf of Cavalier Cars; Mr Bob Vietch on behalf of Apollo Taxi and Mr Mark Jones on behalf of Sapphire Cars.

 

The Head of Licensing Partnership introduced the report and reiterated the Council’s role as a Licensing Authority, to appropriately enforce the relevant legislation alongside the provision of taxi licences. It was recommended that the proposal submitted by the Taxi Trade, attached at Appendix 2 to the report, be refused due to the resulting deviation from the government’s national standards, as implemented in July 2020. 

 

In addressing the statements made by the public speakers, the Head of Licensing Partnership stated that neighbouring Local Authorities (LA) had been approached, and all had implemented a similar testing regime. There were concerns across the Kent County that, should the proposal be agreed, there would be an increase in taxi drivers licenced by the Council providing sub-contracted work in other boroughs. The importance of appropriate safeguarding training for taxi drivers, as opposed to other types of drivers, was highlighted given the possibility of lone or few passengers. Kent Police had been contacted and were unable to provide any statistics that supported the notion that a shortage of taxi drivers directly correlated to an increase in criminal activity; the driver shortage being experienced by the taxi trade was of national concern and across multiple industries.

 

The Head of Licensing Partnership stated that the knowledge test pass rate had significantly increased to 26.7%, following a review of the questions’ wording and the removal of the routes section of the knowledge test, which was now provided weekly. Of the last seven candidates that undertook the test three passed on their first attempt, two on their second attempt and two on their third attempt.

 

The Committee expressed support for the trade being able to recruit drivers with greater ease and provide additional services to residents, and considered the proposal submitted. The Team Leader Contentious and Corporate Governance clarified that at least a four-week public consultation would need to occur if the trade’s proposal was agreed due to the significant change in policy proposed. The Head of Housing and Community Services reiterated the necessity of consulting a wide range of consultees and the importance of a robust taxi policy that ensured public safety and did not leave the Council susceptible to challenge.

 

In response to questions, the Head of Licensing Partnership confirmed that whilst the knowledge test was not a legal requirement, LAs must have regard to the national standards and be able to explain any differentiation from those standards. The knowledge test did not include a section on English Language, as this was covered by the applicant’s undertaking of the Knowledge and EQUO tests. The Senior Licensing Officer explained the concessions made to taxi drivers licenced  ...  view the full minutes text for item 43.

44.

Licence Fees and Charges 2022-23 pdf icon PDF 264 KB

Additional documents:

Minutes:

The Senior Licensing Officer introduced the report and drew specific attention to the urgent update for the item, which included an updated table for point 2.15 of the report.

 

The fees and charges had been robustly reviewed in 2016, with a two per cent inflationary increase recommended. The increase was in accordance with the Council’s Medium Term Financial Strategy 2020/21-2025/26.

 

The proposed Hackney Carriage and Private Hire Licensing Fees would be subject to a period of consultation before being implemented.

 

RESOVLED: That

 

1.  The fee levels as set out at 2.7, 2.9, 2.11, 2.13, 2.15 (as updated) and 2.16 of the report, for implementation on 1 April 2022, be approved; and

 

2.  The fee level as set out at 2.6 of the report for implementation on 1 April 2022 be approved, with any consultation responses received to be presented to the Committee for consideration before that fees implementation.

45.

Gambling Act 2005 - Statement of Licensing Principles 2022 -2025 pdf icon PDF 274 KB

Additional documents:

Minutes:

The Senior Licensing Officer introduced the report and reiterated the legislative requirement to develop, publish and publicly consult upon the Council’s Gambling Act 2005, Statement of Licensing Principles. The current statement had been implemented in 2018, with the proposed statement to be implemented from January 2022, if agreed.

 

Three consultation responses had been received and were outlined in Appendix 2 to the report and the officer’s response to these had been included within the report.

 

In response to questions, the Team Leader Contentious & Corporate Governance confirmed that Public Health was not a statutory consultee to the consultation. The Senior Licensing Officer stated that the references to alcohol and drug addition related to the ‘Local Area Profile’, which should be considered when gambling services were provided.  

 

RESOLVED: That

 

1.  The consultation responses received be noted; and

 

2.  Full Council be recommended to approve the draft Gambling Act 2005 Statement of Licensing Principles Policy 2022-2025, as attached at Appendix 1 to the report.  

 

 

46.

DURATION OF MEETING

Minutes:

6.30 p.m. to 8.30 p.m.