Agenda and minutes

To elect a Chair of the Regulatory Committee for the municipal year 2024/2025.

The Chair of the Council invited nominations for the election of a Chair for the municipal year 2024/2025.

RESOLVED that Cllr J Cairney be elected as Chair of the Regulatory Committee for the municipal year 2024/2025.

(Proposed by Cllr F J Colthorpe and seconded by Cllr A Cuddy)

To elect a Vice-Chair of the Regulatory Committee for the municipal year 2024/2025.

The Chair of the Licensing and Regulatory Committee invited nominations for the election of a Vice-Chair for the municipal year 2024/2025

RESOLVED that Cllr A Cuddy be elected as Vice Chair of the Licencing Committee for the municipal year 2024/2025.

(Proposed by Cllr L Cruwys and seconded by Cllr F Letch)

To agree a start time for the Regulatory Committee for the municipal year 2024/2025.

Discussion took place regarding:-

·       Whether the Regulatory Committee could commence upon the rising of the Licensing Committee.  It was explained that a time must be given on the agenda to show the start time of the meeting.

·       Whether the Licensing and Regulatory Committee Meetings could be combined to just one Committee rather than two separate Committees.

It was AGREED that Officers would investigate whether Licensing and Regulatory Committees could be combined and report back to the next meeting of the Regulatory Committee.

It was AGREED that, in the meantime, the start time of meetings for the remainder of the municipal year continued to be at 11.30am.

To receive any apologies for absence and notices of appointment of Substitute Members (if any).

Apologies were received from Cllr S Keable with Cllr A Glover substituting.

To record any interests on agenda matters.

There were no declarations of interest received.

To receive any questions relating to items on the Agenda from members of the public and replies thereto.

There were no members of the public present and no questions were asked.

To consider whether to approve the minutes as a correct record of the meeting held on

The minutes of the meeting held on 2^nd December 2023 were APPROVED as a true and accurate record and were signed by the Chair.

To present to members an update following the three month consultation carried between January and April 2024 to consider the draft Hackney Carriage and Private Hire Licensing Policy.

The Committee had before it a report * from the Team Leader, Commercial, Public Health of the Licensing Act Policy Review.

The following was highlighted:

·         The report made a number of recommendations for the Committee to consider following the consultation that had been carried out.

·         The document was the same as previously presented at the meeting on the 2^nd December 2023 other than the changes made following feedback from Committee, members of the public and consultee responses.

·         The consultation ran for a period of 3 months and received 41 responses.

·         In addition to the 41 responses, 2 workshops were held - one with Committee Members and the other with Mid Devon licenced drivers, proprietors and operators and both sessions had received positive engagement.

·         Responses and feedback gathered through the survey and workshops had been revised and a number of recommendations were made:-

(i)            Proposal to introduce safeguarding training to be refreshed every 3 years.

(ii)          To introduce a Penalty Points Scheme from 1^st September 2024 - a robust appeal process would need to be put in place with a lead officer to ensure that there was a mechanism for licensee’s to appeal.

(iii)         In terms of driving training/assessment there was a requirement to pass an initial assessment but now with a recommendation to introduce 10 yearly requirements for driver training/assessments.

(iv)         There was a requirement for an English language assessment to be undertaken to test a driver’s proficiency which would cover both oral and written English language skills.

(v)          There were a few minor changes around medicals and rights to request a second opinion, ensuring that eye tests were included and the option of using any medical practitioner for a medical due to difficulties accessing a GP.

(vi)         The recommendation to implement new Ultra Low Emission Zone (ULEZ) standards as a phased approach.  This would mean that new vehicles from 1^st September 2024 would need to comply with ULEZ; from January 2027 apply ULEZ standards to vehicles at both new and renewal application; and from January 2030 apply ULEZ standards for renewal and zero emissions for new applications.

(vii)        Dispatch and booking staff to have Disclosure and Barring Services (DBS) checks which would be implemented by the Operator.

(viii)       Lost property checks to be removed and also the requirement to have a road atlas.

(ix)         There were other proposed changes which were not captured in the table:-

-       There was a proposal to increase the testing of vehicles to every 4 months however this was not supported and having reviewed the information it was felt that there was no justification to increase this therefore the recommendation was to stay with every 6 months as per the existing policy.

-       There would be an update to raise awareness that there was a National Register called NR3S which recorded taxi driving licences that had been suspended, revoked or refused in order that all local authorities could access this. The draft policy stated that licences would not be surrendered if  ...  view the full minutes text for item 8.

To provide the Committee with an overview of the regulatory activity undertaken by the Licensing Team as applicable to the Regulatory Committee.

The Committee had before it, and NOTED, the Licensing Update Report, the contents of which were outlined by the Team Leader, Commercial, Public Health.

The following was highlighted:-

·         The report provided an overview of the activity carried out by the Licensing Team during the second half of 2023/24.

·         There had been a slight increase in the number of Hackney Carriage and Private Vehicle licences.

·         51 taxi inspections had been carried out, currently one of the Service’s key performance indicators which was met.

·         Following on from the consultation the Licensing Team were looking to reintroduce an annual forum for taxi drivers to address key changes and to open up 2-way conversations.

·         Animal welfare licenced premises remained constant with no increase.

·         Specified beauty treatments were covered by the Local Government (Miscellaneous Provisions) Act 1982 which included tattooing piercing, electrolysis and acupuncture.  A piece of work would be carried out later this year with the Licensing Team and officers from the Food and Health and Safety Team due to the risks associated with infectious diseases which the Committee would be updated with at its next meeting in December.

·         3 Regulatory Hearings were conducted in the second half of 2023/24 and the outcome of those Hearings were summarised within the report.

Cllr L Kennedy thanked the Licensing Team for their hard work.

The Chair asked the Committee to please respond to the Clerk when asked if they were available for Sub-Committee meetings.

Note: * Report previously circulated.