Agenda and minutes

Members and officers must declare any disclosable pecuniary interests in relation to

any business on the agenda. Declarations should also be made at any stage such

an interest becomes apparent during the meeting.

If in doubt contact the Legal or Democratic Services representative for this meeting.

Councillors Paul High, and Sean McDonald declared an interest in item 5 as members of West Sussex County Council

To approve the minutes of the Licensing and Control Committee A meeting of held

on the 12 December 2019, copies of which have been previously circulated.

Resolved: that the minutes of the Licensing and Control Committee A meeting held on 12 November 2018 be approved.

To receive any questions from Members of the public in accordance with Standing

Order 11.2

( Note: Public Question Time will operate for a maximum of 30 minutes.)

The Chairman announced that two members of the public had pre-submitted written questions

A member of the public asked the following question: At the trade forum 2017 Arrow private hire also call (Arrows taxis ) very confusing for the public , wanted 20 rear loaders on the taxi rank to rent out to drivers at £150 a week ?, that’s £3000 a week for Arrow private hire, private hire are nothing to do with taxi ranks and  in the trade meeting in October 2017 the taxi trade association members voted against rear loading wheelchair vehicles for safer side loading wheelchair accessible vehicles on the taxi ranks.  I asked the council license committees A, why the licensing office keep pushing the agenda for unsafe rear loading wheelchair accessible vehicles on the taxi ranks, when they have clearly identified that out of 277 cars 68 are hackney taxis 14 of which are disabled vehicles, compared to only 3 disabled vehicles out of 209 cars on private hire. I had been assured licensing Committee on 12th December in 2018 , that it would be unlawful for the license office to put forward any agenda taxi trade did not want,  so now ask for the second time same question the question to Council License committee A, why the license office are pushing this agenda again to have rear loaders on the taxi ranks when the taxi trade not want them and are in favour of the safer side loading wheelchair vehicles for the public. The licensing office have clearly identified that there is only 3 wheelchair vehicles out of 209 cars in private hire sector to that of 14 wheelchair vehicles out of 68 at taxis on the taxi ranks, most if not all are available to the public day and especially at night time at the weekend.

What consultation took place with whom and what third parties and why the taxi trade was not consulted? Members were told that at a recent trade meeting a discussion took place regarding rear loading vehicles. An opinion on whether the trade would like the opportunity to have rear loading vehicles was sought from those present as to ‘how many would not like rear loading vehicles’ this was carried out by a show of hands. Not every member of the trade was present at the meeting and it was not a recognisable or binding vote. If a company applied to the Local Authority to licence a number of wheelchair accessible taxis and the vehicles are compliant with the conditions of licence a vehicle licence will be issued. Hackney Carriages can be operated by a licensed private hire operator as long as the operator, the driver and vehicle are licensed by the same authority. The owner of the HC vehicle does not have to be a licensed driver, this practise is not uncommon as owners can have more than one vehicle. The numbers of licensed vehicles is fluid but there are currently: 188 PH vehicles - 3 are  ...  view the full minutes text for item LCCA/18-19/14

To consider a report by the Director for Communities, copy attached as item 4

Before the committee was a report by the Director for Communities, copies of which had been circulated to all members, a copy of which is attached to the signed copy of these minutes as item 4. The report before Members sought consideration of the introduction of an Animal Welfare licensing Policy pursuant to legislative requirements.

The Presenting Officer introduced the report to the Committee and set out proposed arrangements including the type of activities that would be covered, how the arrangements were developed and the introduction of a new rating system.

The Committee questioned the presenting officer and it was agreed that information be provided to the Committee concerning the implemented fee structure and how the amounts therein had been formulated.

Resolved: that the Animal Welfare Licensing Policy be recommended to Council for adoption

To consider a report by the Director for Communities, copy attached as item 5

Before the Committee was a report by the Director for Communities, copies of which had been circulated to all members, a copy of which is attached to the signed copy of these minutes as item 5.

The Licensing Officer introduced the matter to the Committee and set out the background to compilation of the report. The Committee went through the handbook in detail, studied representations made and were given advice from officers on various aspects.

Members discussed representations regarding the compulsory use of CCTV in vehicles, particularly the need to balance public safety against the right to privacy. Members agreed to amend the current entry so that those drivers who wanted to could install an on/off switch in the boot of their vehicles so that the CCTV could be switched off when they were not working. Members agreed that failure to turn the CCTV on when a driver worked could result in a serious sanction. Members also considered the safety of CCTV installation and agreed that safety issues concerning the installation of CCTV be delegated to Officers in consultation with the Chairman.

Members discussed a representation regarding a request to remove the knowledge test for drivers of executive vehicles. It was decided not to make any changes in this respect as the test was not onerous and was considered as a necessary requirement of the role.

The Committee agreed with the suggestion that compulsory disability awareness and CSE training should be taken on a three yearly basis with disability handling included although a caveat was added that the training should be at no cost or at a minimal cost to the driver.

The Committee considered representations from groups asking that rear loading wheelchair accessible vehicles be allowed as Hackney Carriage Vehicles as well as Private Hire Vehicles. Members were told by Officers that work was due to commence with WSCC on redesigning the ranks which could lead to wheelchairs being able to access rear loading vehicles in a safer manner. In light of representations and evidence about the changing of ranks the committee agreed to amend the handbook to allow rear loading wheelchair accessible vehicles to be licenced as Hackney Carriages.

The Committee took regard of  a representation that requested the ability to use silver vehicles for Private Hire. Members agreed to make this amendment as they felt that the condition was an unfair limit on the options of vehicle a driver might purchase.

Members considered representations regarding the tint of windows. Officers told Members that an instrument to measure the tint of windows had been purchased following representations by the trade. There was a process for drivers to seek dispensation from set tint levels. Members accepted representations from the Police and Local Licensing Authority that a tint level should be set in the interests of public safety. Members agreed the new levels as suggested by officers and agreed that they would be applied to newly licenced vehicles, new rules would not apply to currently licenced vehicles.

Members considered the  ...  view the full minutes text for item LCCA/18-19/16