Meeting documents

To sign the Minutes of the meeting held on 24 November 2011, previously circulated.

The Minutes of the meeting held on 24 November 2011, copies of which had been previously circulated, were agreed by the Committee and signed by the Chairman as a correct record.

Note: before the meeting began, the Chairman apologised for any inconvenience the earlier start time to the meeting may have caused.  He advised that he had requested the change in light of the Conservative Constituency Annual General Meeting which he had believed was taking place the same evening, and would require a large number of Committee members to leave early to the detriment of effective decision-making.  The Chairman added that there had been a genuine error regarding the date of the AGM, and he re-iterated his apology.

The Head of Health and Housing advised Members that there was some disquiet from the taxi trade at present since a driver had been issued with a parking ticket whilst parked on a taxi rank.  It was noted that on-street parking enforcement was now the responsibility of the County Council, and the matter had been referred to them.  However, there remained confusion from the trade over responsibility due to Chiltern’s previous role.  The County Council had also been asked to check the legality of issuing the ticket to a licensed vehicle on a taxi rank, and the driver had also been advised of the appeals procedure.

On a separate matter, it was noted that the Taxi Forum meetings - which involved Councillors, drivers, operators, the police and Bucks Highways - had been very productive.  Particular issues around a nightclub in the District had been looked at, and it was hoped that Councillor Trevette, a member of the Forum, would be able to provide a positive update at a future meeting.

There were no declarations of interest.

To sign the Minutes of the meeting of the Licensing Sub Committee held on 1 March 2011 (previously circulated).

The Minutes of the Licensing Sub Committee meeting held on 1 March 2011, copies of which had been previously circulated, were agreed by the Committee.

The Committee considered a draft statement of policy detailing the Council's framework for the management of street trading. It aimed to prevent the obstruction of streets, ensure the safety of persons using them, and prevent nuisance to neighbouring residents and businesses.

The Licensing Officer advised that he had been asked to report the concerns of a Member regarding the impact of street trading on local shops, particularly in Amersham and Chesham which had markets; and given the economic climate.  The Member had also highlighted that local shops were required to pay business rates, and it was suggested that the terms and conditions for street traders could be reviewed to make the fees comparable with what shop owners were required to pay.

Local Members were of the opinion that the Chesham Market actually brought people into the town and was of benefit to local shops.

Concern was raised that ‘chuggers’ (a portmanteau of "charity" and "mugger") were not included within the policy.  However, it was noted that chuggers did not need a licence because they were getting people to give their addresses and signatures with a pledge to provide a direct debit payment, and not collecting cash.  As such, regulation was through the Public Fundraising Regulatory Association (PFRA) and the Charity Commission.

It was noted that it could take approximately 6-8 weeks for a consent street to be designated due to the requirement for consultation with responsible authorities and for reports to Committee.

The Chairman noted that street trading was a complex area with many issues arising.  All Members were encouraged to respond to the consultation.

Members considered that a review of the current consent streets could be undertaken to ensure that they were appropriate, together with an assessment of whether any other areas should be designated consent streets.  After requesting such a report, it was

RESOLVED -

1.         That the Statement of Licensing Policy be submitted to a 12-week consultation with local businesses and other relevant bodies.

2.         That the policy be amended following the consultation period and that a further report be submitted to the Licensing and Regulation Committee before approval of the final policy by Cabinet.

The Committee considered suggested revisions to the Hackney Carriage and Private Hire Policy in respect of the licensing and control of Hackney Carriage and Private Hire vehicles, drivers, proprietors and operators.  Any proposed changes would be the subject of consultation with the public, trade and other agencies.

Immediate Implementation

Proposed for immediate implementation, was a requirement for a ‘licence suspended’ sticker to placed on the rear external plate when the vehicle had failed a vehicle safety inspection.  Since requiring such inspections to be undertaken at four approved garages, the Council had received notification of 5 ‘fails’ - ranging from illegal tyres to worn brakes - and it was considered in the public interest for the stickers to be used.  It was noted that the operator employing the driver was also informed by Council Officers.

To prevent the deliberate removal of the stickers, it was moved by Councillor N Stewert, seconded by Councillor D Meacock and agreed that additional wording - delegated to the Head of Health and Housing - be included to the effect that removal of the sticker by anyone other than a representative of the Licensing Authority would constitute a breach of the licence.

After requesting that the consultation also include reference to the use of mobile phones within licensed vehicles, it was

RESOLVED -

1.         That the conditions of Hackney Carriage Vehicle licences, and conditions of Private Hire Vehicle licences be amended to require a licence holder to display a “Licence Suspended” plate on the rear of the vehicle during the permitted seven day period provided by Section 58 of the Local Government (Miscellaneous Provisions) Act 1976, following the service of a Section 68 notice on their vehicle.

2.         That an Authorised Officer of the Council be permitted to attach the “Licence Suspended” sign to the vehicle following its suspension; removal of the sign to only be undertaken by an Authorised Officer of the Council.

3.         That the conditions of Hackney Carriage Vehicle licences, and conditions of Private Hire Vehicle licences be amended to the effect that removal of the “Licence Suspended” sticker by any person other than an Approved Officer of the Council, would constitute a breach of the licence; authority delegated to the Head of Health and Housing to determine the appropriate wording.

4.         That the appropriate use of mobile phones in licensed vehicles be included in the consultation.

Vehicles

The Committee considered the option to amend the conditions to require Hackney Carriages to have roof signs 18 inches wide, with only the word ‘Taxi’ on the front and back.  After noting that this would provide consistency and enable the public to clearly identify an approaching Hackney Carriage, it was

RESOLVED -

5.         That for consultation purposes, the existing conditions be amended to require roof signs for a Hackney Carriage to be a minimum of 18 inches wide and that only the word ‘TAXI’ on the front and rear of the roof sign may be displayed (this excluded purpose built Hackney Carriages with inbuilt roof  ...  view the full minutes text for item 26.

The Table of Fares had last been considered by the Committee on 2 June 2011 when it was agreed that they should remain at their existing levels.

The report now before the Committee followed a fresh request from the Chiltern District Drivers’ Association (CDDA) for an increase in the Hackney Carriage Table of Fares, as detailed in the report.

The Hackney Carriage fares had last been increased on 1 November 2008, with a 10% increase bringing the cost of a two mile journey to £5.20.  This had followed a request from the CDDA after a significant increase in fuel prices in June 2008.  Since this time, motoring expenditure had fallen sharply with significant decreases in oil and fuel.  However, it was reported that fuel had again risen, and in February 2012 it had exceeded the 2008 high.

The report provided a table detailing the existing fares alongside increases in line with the Retail Price Index (3.9%), the Baxter index (6%), and the recommendations of the CDDA (approximately 12%).  Figures from the Drivers Association showing Chiltern’s tariffs in relation all other authorities, was circulated at the meeting.

The Committee also considered the movement of petrol and diesel prices over time; the movement of the Consumer Price Index, Retail Price Index, and Inflation; and the comparative costs in neighbouring authorities for a two-mile journey.  The report also detailed the various costs that could be considered for a typical driver in one year, including insurance, road tax, MOT, compliance test, CRB check, medical certificate and licence renewal.

It was noted that in the Private Hire Association League Tables of Fares, Chiltern was ranked 216^th out of 363 Councils nationally based on a two-mile journey.  The last time a fare increase had been considered, Chiltern was ranked 171^st.  It was noted that to restore Chiltern to this position would require a £0.20 increase on the existing two mile.  Members noted that this could be achieved by applying an RPI increase to the table of fares.  Officers considered that an increase of 4% would be appropriate, which was broadly in line with the Retail Price Index.

Members were mindful of the need to take into account the effect on those persons less able to afford the fares and who might not be able to access other forms of transport.  However, it was also necessary to acknowledge the increases in fuel, and that the RPI and Baxter indices indicated that an increase was appropriate.

A Member suggested that it would help the Committee when determining the Table of Fares if a formula based approach could be adopted which would provide a scientific basis for amending the Table of Fares.  The Head of Health and Housing advised that extensive quantitative data had been provided for the Committee to make a determination.  It was for the Committee to determine the weight given to the various information provided.  It was considered that using one formula would provide less quality data for Members.

On balance, the Committee  ...  view the full minutes text for item 27.

The latest Committee Work Programme was tabled at the meeting.  It was noted that the April meeting of the Committee was likely to be cancelled.

RESOLVED -

That the Work Programme be noted.