Councillor Carole McCulloch  -  work commitments

Councillor David Smith  -  unwell

Councillor Mick Wildgust  -  personal reasons

Councillor Linda Woodings  -  annual leave

If you need advice on declaring an interest, please contact the Governance Officer above, if possible before the day of the meeting

Councillor Liaqat Ali declared an interest due to his involvement with a private hire taxi firm. He then left the room for all remaining items.

All Councillors present, with the exception of Councillor Toby Neal declared that they had received, and read a letter from Unite, in addition to receiving phone calls on the topic of today’s agenda.  The Chair also declared receipt of an e-mail from A to Z Licensing on behalf of a local taxi firm.  All Councillors declared they were nevertheless open minded to the debate and will make their minds up based on the evidence.

Last meeting held on 16 August 2016 (for confirmation)

The minutes from the meeting dated 16 August 2016 were agreed as a true record and signed by the Chair.

Report of Director of Community Protection

The Committee considered a report of the Director of Community Protection. Angela Rawson, Licensing Manager provided an introduction to the item, highlighting that the proposed policy is not dissimilar to one previously adopted by the Committee which has operated successfully for a number of years. The current policy is updated with additional criteria that deal with beaches of Traffic Regulation Orders and  is designed to assist the decision making process when considering whether an applicant is a fit and proper person to hold a Combined Hackney Carriage and Private Hire Drivers Licence. It would help underpin the Council’s responsibility in relation to the safeguarding of the public by giving clear guidance to decision makers exercising delegated powers to determine applications.

There was wide recognition amongst the Committee of the need to maintain high standards of probity amongst licenced drivers and ensure public safety. The updating of its policy was consistent with that objective and would promote public confidence in drivers.

RESOLVED to:

1)  approve the adoption of the Enforcement, Convictions and Fitness Policy;

2)  authorise the Licensing Manager to make minor amendments to the policy as reflected in legislation and/or changes in procedure following consultation with the Chair of the Regulatory & Appeals Committee.

Report of Director of Community Protection

The Committee considered a report of the Director of Community Protection.

Angela Rawson, Licensing Manager provided an introduction to the item, highlighting that the purpose of the scheme is to increase the offer to citizens and visitors alike by raising the standards of service and increasing the awareness of drivers to their responsibilities and standards expected of them.

The Committee noted

·  The scheme would maintain minimum standards and improve driver behaviour.

·  Consideration has been given to similar schemes, including ones at Reading and Leicester.

·  Points have been weighted so that the awarding of points is commensurate to the breach, with higher points values being attributed to those matters that pose a greater risk to public safety. The view of the taxi trade on the proportionality of the proposed points weighting were not known.

·  There are efforts to get local boroughs to agree the same set of standards.  There are some advanced discussions with Gedling Borough Council, and some initial discussions with Rushcliffe Borough Council.

Cllr Ibrahim proposed a final decision on the scheme be deferred for a period of 6-8 weeks for the views of the trade to be obtained and considered.

Members of Committee were concerned about the proportionality of the proposed scheme and to know the views taxi drivers and the taxi trade generally. Legal advice was sought on this matter and the options open to Committee including deferral.

In view of the nature of the business the Committee were of the view that if members of the public were present during the discussion of this issue that there would be disclosure to the public of exempt information, namely information in respect of which a claim to legal professional privilege could be maintained in legal proceedings. The committee were satisfied that the public interest in maintaining the exemption outweighed the public interest in disclosing the information, as it would enable a candid exchange, without fear of later disclosure to their prejudice of legal advice.

RESOLVED to exclude the public from the meeting in accordance with section 100a(4) of the Local Government Act 1972 on the basis that, having regard to all the circumstances, the public interest in maintaining the exemption outweighs the public interest in disclosing the information, as defined in Paragraph 5 of Part 1 of Schedule 12A to the Act.  This was agreed by the Chair and Members to allow them to take legal advice.

The meeting reconvened in public and the Chair announced that the committee were minded to consider the option to defer a final decision on the adoption of the DIPPS for a period of 6-8 weeks for the views of the trade on the proportionality of the points proposed per offence to be obtained and considered. This matter was put to the vote.

RESOLVED that the Introduction of a Driver Improvement Penalty Scheme (item 5) is to be deferred for six to eight weeks so that further discussions and input from the trade can take place on the issue of penalty points.  This allows time to discuss whether the points system is proportionate and correct.