Meeting documents

To sign the Minutes of the meeting held on 2 June 2011, previously circulated.

The Minutes of the meeting held on 2 June 2011 were agreed by the Committee and signed by the Chairman as a correct record.

There were no declarations of interest.

Following a request from the Licensing and Regulation Committee, members of the Chiltern District Drivers’ Association and representatives from other taxi operators were in attendance to discuss taxi and private hire licensing in the Chiltern District.

The Chairman opened the meeting by noting the important (and often unrecognised) role undertaken by taxi and private hire drivers.  The group were a significant service provider in the district and provided an important service to vulnerable groups.  The following key points were then raised during the ensuing discussion:

• Reference was made to the reasons for the Council’s decision not to increase fares in 2011.  Drivers advised that they did not need to be told about the impact fare increases had on vulnerable people.  They were well aware and were only asking for what was fair.  They stated that they knew the community well and did not feel that an increase would have unfairly affected vulnerable people.

• The number of drivers was causing parking problems and issues with parking attendants.  Concern was expressed that new regulations allowing the Police to enforce traffic regulations would exacerbate the situation.  Drivers requested as much parking as possible.  Regarding the assertion that the number of drivers was a cause of the parking problems, Members asked whether consideration of a limit on the number of drivers would help; the drivers declined to discuss this.  One representative from a taxi operator disputed that there were too many drivers.

• Drivers considered that comparisons with fares in Wycombe were unfair since facilities such as the university, hospital, and lots of social venues, generated a lot of taxi work in Wycombe.

• It was suggested that one of the bus stops by ‘Simply the Best’ Dry Cleaners in Chesham could be moved, and a taxi rank installed.  The Licensing Officer confirmed that this had been explored with Bucks Highways but had been refused on technical and safety grounds due to the turning circle requirements of buses.

• The Head of Health and Housing advised that the Licensing Authority could make suggestions to Bucks Highways regarding the placement of taxi ranks.  The process took approximately 6 months, and the trade would need to provide maps with locations.

• Concern was raised at the subsidised buses that were taking trade away from drivers, though it was acknowledged that buses were the responsibility of the County Council.

• Reference was made to incidents in the Prestwood / Missenden area where it had been alleged that unlicensed vehicles, and vehicles with Aylesbury Vale plates had been seen operating.  It was confirmed that the Licensing Authority were aware of the issue, and it was being investigated in partnership with Thames Valley Police and Aylesbury Vale District Council.  Concern was expressed from an operator that it had taken some time for the licensing authority to take action following the complaints, and that action had only been taken once the local Councillor became involved.  The Head of Health and Housing advised that he would look into the issue as a complaint against the service.  ...  view the full minutes text for item 10.

The Committee considered the Work Programme for October 2011 to November 2012.

It was noted that a review of hearing procedures for Taxi & Private Hire Licensing Sub Committees and Licensing Sub Committees had been added to the work programme for 24 November.

It was noted that the report ‘Hackney Carriages: Options for extra charges’ was being presented to the Committee on 24 November, but had been requested at the meeting on 2 June.  The Head of Health and Housing advised that the delay was due to the intensive license renewal process which took place from July onwards.  The lack of staff resources, and the requirement to process the licenses to ensure that the trade could operate, meant that this work had had to be prioritised.  A rolling renewal process would operate in future to better manage workloads.

RESOLVED -

That the Work Programme of the Licensing and Regulation Committee - with the addition on 24 November of Hearing Procedures for Taxi & Private Hire and Licensing Sub Committees - be noted.

Note: the Agenda order was amended since the applicant for the Street Trading Consent (discussed as Minute 12) had been delayed.

The Committee considered an application made to the Licensing Authority for the grant of a street trading consent to sell Asian food from a mobile food van to be located on the High Street in Chesham.

The Licensing Officer presented the details of the application.

During the period of consultation an objection had been received from Chesham Town Council.  An Officer from Environmental Health had also submitted comments for Members’ information, although no formal objection had been made.  In light of the valid objection received, the full Licensing and Regulation Committee were asked to determine the application.

The applicant was invited to address the Committee.  He advised that he operated at Chesham Market on Wednesdays and Saturdays, and was seeking additional days at the request of customers.  He did not mind where he was located on the High Street, as long as his presence was visible.

In response to questions, the applicant confirmed that he did have a litter bin and would ensure the area was left clean and tidy; he currently operated from Kempton Park Race course when not operating in Chiltern.  In response to concerns that his vehicle would block access to delivery vehicles, the applicant opined that there was sufficient room.  He also advised that he provided a different product to other food establishments on the High Street.

The Chairman thanked the applicant for attending, and the applicant and the Officers then left the meeting.  The Legal Services Manager and the Democratic Services Officer remained behind for the purpose of giving legal advice and recording the decision only.

Following the Committee’s deliberations and determination, the applicant was invited back into the meeting to be told the outcome.  Confirmation of the decision of the Committee would be sent to the applicant within 10 working days detailing the reasons for the decision.

RESOLVED -

That the application for the Street Trading Consent be refused for the following reasons:

i)                    The Committee wished to concentrate Street Trading activities on market days so as not to detract from the market, which was working hard to consolidate and improve.

ii)                  There was a danger that granting the application would set a precedent for granting consents for other mobile catering and other outlets which could threaten the sustainability and long term viability of the Town Centre by attracting business away from the permanent shops and businesses.

iii)                Granting the application could cause an obstruction to delivery vehicles in the High Street on days when the street was not closed for the market.