Agenda and minutes

To elect a Chair of the Licensing Committee.

Nominations were invited for the role of Chair.  Councillor Maples proposed and Councillor Alexander seconded Councillor Clay for the role. 

Resolved (unanimous): That Councillor Roy Clay become Chair of the Licensing Committee.

Nominations were invited for the role of Deputy Chair. Councillor Maples proposed and Councillor Fabry seconded Councillor Mellor for the role.

Resolved (unanimous): That Councillor Mellor become Deputy Chair of the Licensing Committee.

To confirm and sign the minutes of the previous meeting held on 22 June 2023 (attached herewith).

Minutes of the previous meeting, held 22 June 2023, were approved as an accurate record.

Apologies were received from Councillors Brett, Davies, Hoareau and MacLeod.

Disclosure by councillors of personal interests in matters on the agenda, the nature of any interest and whether the councillor regards the interest as prejudicial under the terms of the Code of Conduct.

There were no declarations of interest.

Items not on the agenda which the Chair of the meeting is of the opinion should be considered as a matter of urgency by reason of special circumstances as defined in Section 100B(4)(b) of the Local Government Act 1972.

There were none.

To deal with written questions from councillors pursuant to Council Procedure Rule 12.3 (page D8 of the Constitution).

The Chair confirmed that no written questions had been received.

Report of the Director of Service Delivery.

Joanna Dunk, Lead for Regulatory Services (LRS), presented the report which outlined a proposal for Licensing Fees for April 2024-April 2025.  Chandran Nair (Finance Business Partner) attended remotely via Teams in support.

The Committee considered the report.  Following comments and queries by Members, Officers clarified that:

• Fees and charges were apportioned between different types of licences. As the operators’ accounts were not in deficit no increases had been set.   
• Re-tests were charged separately.
• Certain licence fees were set by statute, rather than the Local Authority.
• Not all camping activity required a licence.

Officers explained the differences between personal licences and business licences for skin piercing and tattooing.

Following queries around the reduced total income projection for 2024/25 compared to 2023/24, despite fee increases, Officers explained this was due to the expected decrease in DBS checks. The LRS agreed to add in the necessary breakdown information and explanation to the documentation.

Resolved (unanimous):

To recommend to Full Council approval of the Licensing Fees, as set out in Appendix 1 of the report, to apply from 1 April 2024.

Report of the Director of Service Delivery.

Joanna Dunk, Lead for Regulatory Services (LRS), presented the report and Members of the Committee considered the responses received from the consultation and the proposals for changes to the Lewes District Council’s Hackney Carriage and Private Hire Guidance (as per recommendations 1 and 2 of the Report).

In making its decisions, the Committee considered the contents of the report and the appendices, including the feedback from the consultation, and responses from Officers during the meeting. Officers clarified the differences between hackney and private hire, the legal framework that Local Authorities must operate within, the benefits of the knowledge test, the national guidance, and decision-making process. In relation to audio recording, Officers provided information on the role of the data controller, cost implications, different local authority requirements, national and officer guidance and the extent to which audio should be permitted.

The Committee considered each proposal for change in turn, as outlined in Section 4 of the report:

Proposal:  To introduce a Private Hire-only licence for new applicants.

The proposal was put to a vote and rejected (For: 0; Against: 6; Abstain: 1)

Resolved  - To not implement the proposal.

Proposal: To revise the penalty points scheme.

Resolved (unanimously) - To accept the proposal.

Proposal: To introduce a Customer and Driver Charter (Report Appendix 8).

Resolved (unanimously) - To agree the introduction of the Charter, as drafted in Appendix 8 of the report, with the caveat that certain amendments be made to the ‘Drivers Rights’ Section, the amendments to be drafted by officers and agreed with Chair prior to publication.

Proposal: That audio recording should be permitted and, if permitted, to recommend the extent of the permission.

Resolved (unanimously) - To permit audio recording, but limited to:  

§  Vehicles driven during home to school journeys; and

§  With the use of a trigger switch to turn audio on (for use by driver and/or passenger).

Proposal: All licensed vehicles to carry a spare wheel or an appropriate alternative in the boot of the vehicle and the necessary tools to fit the spare wheel.

Resolved (unanimously)- To accept the proposal.

Proposal: That the Council will not license any vehicle that has been classed as written-off in any category.

Resolved (For: 6; Against: 0; Abstain: 1) - To accept the proposal.

Proposal: Drivers shall sign up to the Disclosure and Barring Service.

Resolved (unanimously) - To accept the proposal.

Proposal: A grant of a licence will be subject to a tax code check being made with the HMRC. This is to ensure all drivers are registered correctly for tax purposes.

Resolved (unanimously) - To accept the proposal.

Proposal: In relation to the English Language Proficiency Test, that any person found cheating on the test will be disqualified and will not be granted a licence for at least three years.

Resolved (unanimously) - To accept the proposal.

Proposal: To introduce a Privacy Notice. 

Resolved (unanimously) - To accept the proposal.

Proposal: That drivers undertake GDPR training.

The proposal was put to a vote and  ...  view the full minutes text for item 17.

The Regulatory Services Lead Officer informed the Committee that the next meeting was expected to be in the first quarter of the new year, and that Officers would confirm the date via email.