Meeting documents

Licensing Committee
Wednesday, 11th September, 2013 6.30 pm

ItemDescriptionResolution
Declaration of interests - members are reminded that following the adoption by Council of the new Code of Conduct, any declaration of interest should be made having regard to the new code. In particular, members must make clear the nature of the interest and whether it is 'personal' or 'prejudicial'.

The Monitoring Officer would like to remind members that when they are considering whether the following items are exempt information under the relevant paragraph under part 1 of Schedule 12A of the Local Government Act 1972 they must have regard to the public interest test. This means that members must consider, for each item, whether the public interest in maintaining the exemption from disclosure outweighs the public interest in making the item available to the public.
28 APOLOGIES FOR ABSENCE
Apologies for absence were received from Councillors G Allman, J Cotterill, G Jones, C Large, P Hyde, L Massey and M Wyatt.
 
29 DECLARATION OF INTERESTS
There were no interests declared.
 
30 MINUTES
Minutes of the Meeting held on Wednesday, 28th November, 2012
Consideration was given to the minutes of the meeting held on 28 November 2012.
Councillor T Neilson highlighted an error on page 4 of the minutes and stated that it was the Licensing Team Leader that had given the response to his question on the early morning restriction order.

It was moved by Councillor R Adams, seconded by Councillor R Woodward and
  • Minutes
RESOLVED THAT:

The minutes of the meeting held on 28 November 2012 be approved, subject to an amendment to reflect that it was the Licensing Team Leader who had responded to a question by Councillor T Neilson.
31 REQUIREMENT FOR LICENSED HACKNEY CARRIAGE & PRIVATE HIRE DRIVERS TO ATTEND DISABILITY AWARENESS TRAINING
The Environmental Health Team Manager presented the report to Members, drawing their attention to the purpose for bringing this report tonight which was to seek approval from the Licensing Committee to make it mandatory for drivers to attend a standard disability training course to gain a basic understanding of disability issues. He referred to paragraphs 3.1 and 3.2 of the report which detailed the amendments that would be made to the "Fit and Proper Person" Policy.

Councillor R Woodward stated that he had no problem with the Policy and welcomed it as he thought everyone should be aware of mobility and disability problems. He was concerned that there did not appear to be a lot of consultation. In response to his concern, the Environmental Health Team Manager explained that letters had gone out to a number of consultees encouraging them to respond, unfortunately there had been a low response.

Councillor R Woodward moved the recommendations.

Councillor T Neilson referred to Appendix 3, "Amendments to the Fit and Proper Person Policy", paragraph 4.5 which read "The Council currently provides an in-house DA training facility. It will endeavour to continue to do so but cannot guarantee this will always be the case. Drivers may have to locate their own training provider." He asked whether the cost of £20 per delegate would always be charged and how did this compare with outside companies?

The Licensing Team Leader explained that he did not have any figures, but he did suggest that outside companies would charge a lot more.

The Chairman stated that £20 was not a great deal of money and asked if the Council carried out 1 to 1 or group training and if the certificate gained was transferable?

The Licensing Team Leader stated that it was not transferable and the training was carried out in group sessions of around 5 people, but there was capacity for more to attend. He added it was a one off to give drivers a better understanding and once passed then they would not have to take the test every year.

Councillor R Woodward stated that the Council should make sure that training is made available as and when required if we are demanding that drivers attend disability awareness training, especially new drivers.

In response to Councillor R Woodward's concerns, the Environmental Health Team Manager explained that officers would try to make sure that this training was ongoing but we could not guarantee that the price would remain the same. The Council does not subsidise this training. The Environmental Health Team Leader added that if this training was made compulsory then it would be easier to deliver it.

The Deputy Monitoring Officer explained that the Policy had been left open ended, eg "drivers will fund the costs themselves" as at the moment we provide this service at a reduced rate.

The Chairman stated that the Council was looking at something that would provide a better service for people in North West Leicestershire and he suggested that this item be brought back to a future meeting.

The Deputy Monitoring Officer asked Members if they wanted to make the requirement that all taxi drivers have disability awareness training and if this was the decision then Members need to understand the consequence of drivers not taking this training. Once Members have determined this then they can decide the minor details.

Councillor R Adams asked if it was clear in the Equalities Act?

The Deputy Monitoring Officer explained part 149 of the Equalities Act and added that it was in the process of being amended.

Councillor D Everitt stated that he had experience with disabilities courses and he thought it was very important that drivers attended. He was in support of the training being made compulsory.

Councillor R Woodward asked what would be the timeline for this item to be brought back to the Committee?

It was suggested that the item be brought back to the Committee in 2 years time once the appropriate data had been collected.

Councillor T Neilson questioned the need for paragraph 4.5 being included in the Policy as it was not necessary.

The Deputy Monitoring Officer agreed with Councillor T Neilson as it was an operational issue and not a policy issue.

It was moved that the recommendations be agreed, with the exception of paragraph 4.5 being removed from the amendments.

The Chair asked for a vote. All Members were in favour.
  • Report of the Environmental Health Team Manager - att5628
RESOLVED THAT:

Approval be given for the requirement for Licensed Taxi drivers to undergo disability awareness training as follows;

a) new applicants - within the first 12 months of them holding a Taxi Driver's Licence

b) current drivers - within 12 months of the renewal of their current Taxi Driver's Licence.

- the commencement date of 21 March 2013 be approved; and

- delegation be given to the Environmental Health Team Manager to make the necessary amendments to the ‘Fit & Proper Person' Policy be approved.
32 COUNTY WIDE ALCOHOL LICENSING IMPROVEMENT PROJECT
Councillor R Woodward moved that the County-wide Alcohol Licensing Improvement Project be noted by the Committee, Councillor R Adams seconded and
  • Report of the Environmental Health Team Manager - att5629
RESOLVED THAT:

The content of the County Wide Alcohol Licensing Improvement Project be noted.
33 ASHBY STATUTES FEEDBACK REPORT ON 2012 SUNDAY OPENING
The Head of Community Services presented the report to Members, drawing their attention to item 3.0 - 8.0 which gave a summary of the feedback from the trial "Family Day" event on Sunday, 16 September 2012.

Councillor R Woodward moved the recommendations, seconded by Councillor T Neilson and
  • Report of the Head of Community Services - att5630
RESOLVED THAT:

- Sunday opening 12-6 pm in the Ashby Statutes Licence for 2013/14/15 be approved

- the Ashby Statutes Licence for 2013/14/15 be approved
Published on Tuesday, 7th May, 2013
The meeting commenced at 6.30pm and closed at 7.01pm

Attendance Details

Present:
Councillor N Smith (Chairman)

Councillors R Adams, A Bridges, D Everitt, T Neilson, J Ruff and M Specht.

Officers: Mrs V Eaton, Mr S Eyre, Mr D Gill, Mr G Lewis, Mr L Mansfield and Mr J Richardson.