Agenda and draft minutes

Eastbourne Borough Council Licensing Committee - Monday, 18th January, 2021 6.00 pm

Venue: Remote meeting (via Microsoft Teams)

Contact: Committee Services on 01323 410000 

Note: This meeting is being held remotely using Microsoft Teams in accordance with section 78 of the Coronavirus Act 2020 and section 13 of the related regulations. You can view the meeting via the Council's YouTube page. 

Media

Items
No. Item

1.

Introductions

Minutes:

The Chair introduced members of the Committee via roll call, and those officers present during the remote meeting.

 

2.

Apologies for absence/declaration of substitute members

Minutes:

An apology for absence had been received from Councillor Colin Murdoch and Councillor Sammy Choudhury.

 

3.

Declarations of Disclosable Pecuniary Interests (DPIs) by members as required under Section 31 of the Localism Act and of other interests as required by the Code of Conduct.

Minutes:

There were none.

 

4.

Minutes of the meeting held on 6 January 2020 pdf icon PDF 140 KB

Minutes:

The minutes of the meeting held on 6 January 2020 were submitted and approved, and the Chair was authorised to sign them as a correct record.

 

5.

Questions by members of the public

On matters not already included on the agenda and for which prior written notice has been given (total time allowed 15 minutes).

 

Minutes:

There were none.

 

6.

Urgent items of business

The Chairman to notify the Committee of any items of urgent business to be added to the agenda.

 

Minutes:

There were none.

 

7.

Right to address the meeting/order of business

The Chairman to report any requests received to address the Committee from a member of the public or from a Councillor in respect of an item listed below and to invite the Committee to consider taking such items at the commencement of the meeting. 

 

Minutes:

There were none.

 

8.

Amendments to Hackney Carriage & Private Hire Licensing Guidance as a result of the Department for Transport (DfT) Statutory Guidance pdf icon PDF 159 KB

Additional documents:

Minutes:

The Committee considered the report which sought approval of the amended Eastbourne Borough Council Hackney Carriage and Private Hire Licensing Guidance as set out in section 2 of the report, and the authorisation to commence a six-week consultation with the taxi trade and members of the public.

 

The Specialist Advisor – Licensing (SAL), Paul Thornton, presented the report and its findings.  The SAL noted that a letter had been sent to Committee Members by a member of the taxi trade asking for time for the guidance to be considered by the trade and raising individual questions of detail.  He confirmed that he would respond to the points made, but also that the purpose of this report was for Members to consider the guidance before it is put out for consultation.

 

Several typographical amendments to the report were reported:

 

·         Recommendation (1), page 9:-   Replace the words ‘Lewes District Council’ with  ‘Eastbourne Borough Council’.

·         Penalty Points Scheme, page 13:-  Paragraph (gg) was omitted from report. 

·         Appendix 7, Penalty Point Scheme, page 89:-

No.22. Failure to carry fire extinguisher:  Both Driver and Vehicle Owner or Operator columns to be ticked.

No.23. Failure to carry first aid kit:  Both Driver and Vehicle Owner or Operator boxes to be ticked. 

No.24. Displaying unsuitable or inappropriate sited signs or unauthorised advertisements in or on the vehicle:  Both Driver and Vehicle Owner or Operator boxes to be ticked.

 

The SAL highlighted that if the Committee was to authorise a six-week consultation as outlined in the report, a number of organisations would be included in the consultation as set out in para 2.4.  Officers agreed that it was good practice and upheld the Council’s commitment to transparency and governance.

 

Members discussed and agreed on the following changes to the Guidance:

 

(d)       Vehicle Door Signs - Members questioned the necessity of permanently fixing the vehicle door signs and resolved to retain the recommendation for consultation (Resolved: by 9 votes for and 1 vote against).

(v)     Vaping – agreed to add the words “at any time” after the words ‘cannot vape in licensed vehicles’ to provide clarity.

(w)      Criminality Checks on Vehicle Proprietors – agreed to amend the word ‘serious’ to ‘any’ criminal activity.

(x)       Licensee Self Reporting - agreed to amend the word ‘should’ to ‘must’ be required to notify the issuing authority.

·         Appendix 7, Penalty Point Scheme, No.30. Evidence of smoking in vehicle – agreed to add the words ‘or vaping’ after the word ‘vehicle’.

 

Members discussed the following matters:

 

·         Appendix 7: Penalty Points Scheme, pages 88 to 90. Details of the Misconduct.  A suggestion was made for the offences to be listed in appropriate groups, e.g. seriousness of vehicle offences and behavioural offences and Officers agreed to re-group the offences in the appendix.  

 

  • Questions on whether the Council could purchase a quantity of CCTV cameras to pass the savings onto the drivers.  The SAL confirmed that whilst the Council does not purchase CCTV equipment, it does advise drivers on companies that have been approved by the Council.  ...  view the full minutes text for item 8.

9.

Approval of Licensing Fees pdf icon PDF 152 KB

Additional documents:

Minutes:

The Committee considered the report which sought endorsement of the scale of Licensing fees proposed within Appendix 1 to apply from 1 April 2021, and for them to be recommended to Full Council for approval.

 

The Functional Lead - Quality Environment (FLQE) presented the report and its findings.

 

Councillor Murray proposed a motion to agree the officer recommendations listed in the report.  This was seconded by Councillor Maxted.

 

Resolved (unanimous):

 

1)    That the scale of Licensing fees proposed within Appendix 1 of the report to apply from 1 April 2021, be endorsed; and

2)    That Full Council be recommended to formally ratify the scale of Licensing fees proposed within Appendix 1 of the report.

 

 

10.

Date of the next meeting

To note that the next meeting of the Licensing Committee which is scheduled to commence at 6:00pm on Monday, 8 March 2021, will take place in a virtual capacity, via Microsoft Teams, and in accordance with section 78 of the Coronavirus Act 2020 and section 13 of the related regulations.

Minutes:

Resolved:

 

That the next meeting of the Licensing Committee which is scheduled to commence at 6.00pm on Monday, 8 March 2021, in a virtual capacity, via Microsoft Teams, and in accordance with section 78 of the Coronavirus Act 2020 and section 13 of the related regulations, be noted.