Agenda and draft minutes

Licensing Committee - Tuesday, 1st November, 2022 9.30 am

Venue: Crompton Suite, Civic Centre, Oldham, West Street, Oldham, OL1 1NL. View directions

Contact: Constitutional Services 

Items
No. Item

1.

Apologies For Absence

Minutes:

Apologies for absence had been received from Councillor Nasheen.

 

2.

Urgent Business

Urgent business, if any, introduced by the Chair

Minutes:

There were no items of urgent business received.

3.

Declarations of Interest

To Receive Declarations of Interest in any Contract or matter to be discussed at the meeting.

Minutes:

There were no declarations of interest received.

4.

Public Question Time

To receive Questions from the Public, in accordance with the Council’s Constitution.

Minutes:

The Committee considered the following public question that had been received in accordance with the Council’s Constitution.

 

The question was received from Mr Abdul Rehman Khayal, Board members NPHTA and read -

                                                                                                                            

1. 'Temporary vehicles extension should continue as previously recommended because Oldham commercial activities  not improved still we facing financial difficulties.

 

2. Hackney plates - Private hires and hackney plates are too closed  similarities must be differentiated   from each other’s as other councils carried out  different colours for both trades.’

 

The Chair provided the following response –

 

‘I thank Mr Khayal for his comments on vehicle extensions and licence plates, both of which will be discussed and covered in this meeting.’

 

5.

Minutes pdf icon PDF 307 KB

The Minutes of the Licensing Committee held on 7th June 2022 are attached for approval.

Minutes:

RESOLVED that the minutes of the meeting held on 7th June 2022 be approved as a correct record.

 

6.

Licensing Update Report pdf icon PDF 408 KB

The purpose of this report is to inform Members of key updates and request approval for revisions to existing standards in relation to vehicle plates and temporary vehicle extensions.

Minutes:

Consideration was given to a report of the Trading Standards and Licensing Manager which advised the Committee of key updates and requested approval for revisions to existing standards in relation to vehicle plates and temporary vehicle extensions.

 

Members were advised of the two strategic objectives that related to Licensing which were:

 

1.    To work with businesses to ensure they were licensed and compliant.

 

2.    To ensure safe passenger journeys, in safe licensed vehicles with safe licensed drivers

 

It was noted that there had been a total of two applications considered by the Licensing Premises Panel since 1st April 2022. Officers continued to work with the Private Hire & Hackney Carriage trade to ensure effective communication and consultation took place.  The Licensing team had held several trade forum meetings so far this year and had improved on existing communications by including relevant officers from Moorhey Street Testing Station.

 

Members were provided with details of the number of existing licences currently in force. The Licensing Driver Panel continued to sit monthly to hear applications for taxi licences, renewal or reviews of existing licences where offences, misconduct or any other relevant matter arises. Since 1st April 2022 there had been a total of 10 determinations by the Panel which were broken down to members and set out in section 2.6 of the report. In addition, there had been 8 emergency delegated decisions taken where driver licences had been revoked with immediate effect by the Trading Standards & Licensing Manager. 

 

Members had previously been updated on GM Minimum Licensing Standards and had approved changes to the Taxi Licensing Policy to encompass recommendations as a result of the consultation on those standards, which were originally intended to dovetail with the GM Clean Air Plan. The Clean Air Plan was currently paused. The plan for Greater Manchester was sent to the Government in July this year, with the suggestion for a non-charging zone with funding. Authorities were still waiting to hear from the Government on the proposal.

 

Members had previously approved a temporary extension to licensed vehicles, whereby they could continue to be licensed beyond the maximum age limit so as to benefit from any funding released by the Government linked with the Clean Air Scheme.  GM Authorities were still waiting for a decision on the proposed plan and any funding which may become available. However, the temporary extensions to vehicles were due to come to an end on 31st December 2022. 

 

Members were asked to consider a further extension for vehicles in order that they continue to be licensed pending a final decision being made by the Government. An age profile of vehicles who would or were already benefiting from a temporary extension was included at point 3.5 of the report.

 

Members were advised that the Licensing Authority had been working with the trade on issues surrounding anti-social behaviour and associated vehicle attacks. The trade were asked to report matters to Greater Manchester Police and were also asked to feed that information into  ...  view the full minutes text for item 6.

7.

Taxi & Private Hire – Fitness & Suitability of Applicants and Licence Holders Policy pdf icon PDF 319 KB

This report requests that Members approve a revised policy on the fitness and suitability of applicants and licence holders in relation to private hire and taxis.

Additional documents:

Minutes:

Consideration was given to a report of the Trading Standards and Licensing Manager which requested that Members approve a revised policy on the fitness and suitability of applicants and licence holders in relation to private hire and taxis.

 

Members noted that licence holders were in a unique position of trust and were often in one to one contact with children, young persons and vulnerable adults. They often had custody of property belonging to others or has knowledge which might facilitate crime. The Council was committed to ensuring insofar as is possible that:

·         All persons that hold a licence were ‘fit and proper persons’ or in simpler terms they were both ‘safe and suitable’

·         The public were not exposed to persons with a history of dishonesty, indecency or violence or any other offence or inappropriate behaviour which may question the person’s ‘fit and proper’ status

·         The safety of children, young persons and vulnerable adults was protected.

 

Upon reviewing the previous policy, Officers had referred to a wide range of publications including the following:

 

·         Institute of Licensing Guidance on determining the suitability of applicants and license holders (produced in partnership with the LGA, NALEO and LLG) (2018)

·         Department for Transport Statutory Guidance on Safeguarding (2020)

·         Department for Transport Best Practice Guidance (2010)

·         Review into historic safeguarding practices in the Borough of Oldham (2022)

·         Reports into the Independent Enquiry into Child Sexual Exploitation in Rotherham (2014 and 2015)

 

The final policy presented sought to address a modern-day framework having considered best practice, legislation and reviews.  It set out the obligations upon which decision makers in Oldham should have regard when making important decisions and having regard to public safety.

 

A wide range of stakeholders both inside and outside of the Council were consulted as part of the preparation of this final policy.  Those included were:

 

·         Private Hire and Taxi trade representatives

·         Greater Manchester Police

·         Adults Safeguarding Partnership

·         Children’s Safeguarding Partnership

·         Community Safety

 

RESOLVED that:

1.    The report be noted.

2.    The policy be approved.