Agenda and draft minutes

Venue: Council Chamber - Sandwell Council House, Oldbury. View directions

Contact: Democratic Services  Email: democratic_services@sandwell.gov.uk

Items
No. Item

6/21

Apologies for Absence

Minutes:

Apologies were received from Councillors G Gill, Z Hussain, R Jones and Williams.

7/21

Declarations of Interest

Members to declare any interests in matters to be discussed at the meeting.

Minutes:

There were no declarations of interest made.

8/21

Minutes pdf icon PDF 388 KB

To confirm the minutes of the meeting held on 7 June 2021 as a correct record.

Minutes:

Resolved that the minutes of the meeting held on 07 June 2021 were approved as a correct record.

9/21

Appointment to Licensing Sub Committees 2021-22 pdf icon PDF 190 KB

Additional documents:

Minutes:

The Committee received the Appointment to Licensing Sub Committees Report. Approval was sought tomake changes to the appointment to Sub Committees to reflect changes in membership approved at Council on 26 July 2021 and to reflect the Vice Chair vacancy, including nomination of the Vice Chair to Sub Committee 2, once an appointment has been made by full Council.

 

Under the provisions of the Licensing Act 2003, the Licensing Committee could establish one or more Licensing Sub-Committees to assist in the discharge of the licensing functions under the Licensing Act, 2003. Further such functions of the Gambling Act, 2005 could also be discharged by those sub-committees.

 

Further to Minute No. 4/21 (Licensing Committee Meeting on 7 June 2021), at the Council meeting on 26 July 2021, a change to the appointment of members to the Licensing Committee was approved and it had therefore become necessary to revise the appointment to the Licensing Sub Committees. There was also a Vice Chair vacancy and, pending appointment, the Chair would sit over two sub committees. Once a replacement had been approved by full Council, the Vice Chair would oversee Sub Committee 2.

 

The Council at its meeting on 25 May 2021 had appointed a Licensing Committee comprising 15 members, including one Chair and two vice-chairs.  It was proposed that three Sub-Committees, consisting of five members, with a Chair/Vice Chair each sitting on a sub-committee, be appointed for 2021/22. However, in accordance with the provisions of the Act, Sub-Committees sitting to consider Licensing Act 2003/Gambling Act 2005 functions would consist of only three members.

 

The Director - Law and Governance and Monitoring Officer, in consultation with the Chair of the Licensing Committee, was authorised to select members from the Licensing Committee to serve on sub-committees as necessary to ensure a quorum should a named member not be available for a meeting or unable to consider a particular case due to a conflict of interest.

 

Resolved: That the Committee make changes to the appointment to Sub Committees to reflect changes in membership approved at Council on 26 July 2021 and to reflect the Vice Chair vacancy, including nomination of the Vice Chair to Sub Committee 2, once an appointment had been made by full Council.

 

10/21

DfT Statutory Taxi and Private Hire Vehicle Standards pdf icon PDF 386 KB

Additional documents:

Minutes:

On 21 July 2020, the Secretary of State for Transport issued new Statutory Taxi and Private Hire Vehicle Standards to licensing authorities. The standards were designed to improve consistency in the licensing system and reduce the risk of harm posed to children and vulnerable passengers. The guidance also stated that all passengers would benefit therefore the standards should be implemented unless there was a good reason not to do so.

 

Licensing authorities were under a legal duty under Section 177 (1) of the Police and Crime Act 2017, to have regard to the Statutory Standards which meant they should be rigorously considered in formulating policy. It was recognised that licensing authorities must reach their own decisions, both on overall policies and on individual licensing matters in light of the relevant law, however it was be noted that the Statutory Taxi and Private Hire Vehicle Standards might be drawn upon in any legal challenge to an authority’s practice.

 

On 9 December 2020 Cabinet approved a consultation on the Statutory Taxi and Private Hire Vehicle Standards and the changesthat would be required to Sandwell’s Private Hire and Hackney Carriage Licensing policy should these be adopted (Minute Number 118/20). The consultation had been undertaken on the standards that were not currently included in the Council's existing Private Hire and Hackney Carriage

Licensing policy. A twelve-week consultation was undertaken between 21 December 2020 and 12 March 2021.  Due to COVID-19, the consultation was carried out remotely by means of a questionnaire which was published on the Sandwell Council website. The consultation was promoted through the Council website, in the local press, on the Council’s social media accounts and was sent directly to local key interested organisations such as local disability groups, transport organisations, local women’s groups, domestic abuse groups, local traders and the Sandwell Safeguarding Adults Board.

 

The Licensing Committee considered the outcome of this consultation and determined whether any of the statutorystandards that were not already met within Sandwell’s current policy should be adopted. The adoption of any additional standards would require amendments to be made to the current Private Hire and Hackney Carriage Licensing Policy.

 

The areas of the Private Hire and Hackney Carriage Policy that would be affected by the adoption of the Statutory Standards were as follows:

·       Administration of the Licensing Regime and this includes, the policy, duration of licences and whistleblowing

·       Gathering and Sharing Information including the DBS service and levels and frequencies of checks, subscribing to and updating of the NR3 Register and sharing information with other agencies

·       Decision Making including training for Councillors, fit and proper test and convictions and rehabilitation periods

·       Driver Licensing including safeguarding and exploitation, criminality checks and language proficiency

·       Vehicle licensing including criminality checks for vehicle providers and the use of CCTV in licensed vehicles

·       Private Hire Vehicle Operator Licensing including criminality checks for operators and booking and dispatch staff, record keeping and policies on employing ex-offenders

·       Enforcing the licensing regime including authorisation of enforcement officers from other licensing authorities and  ...  view the full minutes text for item 10/21