Agenda and minutes

21^st September 2022

It was moved by Councillor Colin Swindell, Seconded by Councillor Graham Elliott and

RESOLVED (unanimously)

That the minutes of the meeting of the Licensing and Appeals Committee held on 21 September 2022 be approved as a correct record.

The Chairman declared the motion CARRIED.

Members are required to declare the existence and nature of any interests they may have in subsequent agenda items in accordance with the District Council’s Code of Conduct. Those interests are matters that relate to money or that which can be valued in money, affecting the Member, her/his partner, extended family and close friends. Interests that become apparent at a later stage in the proceedings may be declared at the time.

There were no declarations of interest.

To enable members of the public to ask questions, express views or present petitions, IF NOTICE HAS BEEN GIVEN, (by telephone, in writing or by email) BY NO LATER THAN 12 NOON OF THE WORKING DAY PRECEDING THE MEETING. As per Procedural Rule 14.4 at any one meeting no person may submit more than 3 questions and no more than 1 such question may be asked on behalf of one organisation.

There was no public participation.

To provide the Committee with an update on the review of the Council’s Taxi and Private Hire Licensing Policy, and to seek approval of the draft revised document produced in Appendix 1 of the report, for consultation purposes.

The Licensing Manager provided Members with an update on the review of the Council’s Taxi and Private Hire Licensing Policy, three recommendations were given in connection with the report, all of which related to approval of the draft Taxi and Private Hire Licensing Policy so that a consultation exercise could be carried out, and for the results of the consultation to be reported to a future meeting of the Committee.

The Licensing Manager went through the key issues detailed in the report that the Department for Transport considered all Councils need to include as part of their Taxi and Private Hire Licensing Policy if not already covered.  It was noted that 4 of the key issues had not been addressed in the draft policy document and it was recommended that they should be included in the document, if the consultation exercise was approved.

Members were informed that the full consultation on the proposed revisions to the policy would include not only the Taxi and Private Hire trade, but other stakeholders, for example, the general public, fare paying passengers, minority groups, organisations with a wider transport interest, eg Derbyshire County Council’s Special Needs Education Transport Team, etc, other teams within the Council, and other statutory bodies, such as the police, local safeguarding, HMRC and the Immigration Office.

It was moved by Councillor Steve Wain, Seconded by Councillor Graham Elliott and

RESOLVED (unanimously)

1.    That the Draft Taxi and Private Hire Licensing Policy (detailed in Appendix 1) be approved for consultation purposes with the addition of the following key issues:

·         That Taxi & PHV licensed drivers be required to self-report within 48 hours of an arrest and release, charge or conviction of any sexual offence, any offence involving dishonesty or violence and any motoring offence.

·         Where to find details of the Council’s procedure for making complaints about licensed drivers/operators.

·         Where to find details of the Licensing Authority’s whistle-blowing policy for Officers and Councillors.

2.    That consultation on the draft policy be undertaken for an 8-week period from 1^st February to 31^st March 2023.

3.    That the results of the consultation exercise be reported to a future meeting of this Committee for further consideration, so that a Final Draft Taxi and Private Hire Licensing Policy can be agreed for referral to Council seeking approval to adopt and republish.

The Chairman declared the motion CARRIED.

This report asks the Committee to determine an appeal against an officer decision to reject an application for discretionary rate relief.

The Director of Resources introduced a report which asked Members to determine an appeal against an officer decision to reject an application for discretionary rate relief. The Council has a policy for Discretionary Rate Reliefs, which was shown in Appendix 1 of the report.

The rate payer’s original application for hardship relief and supporting information were reproduced in Appendix 2 to the report.

The application was considered by the Director of Resources and assessed against the criteria set out in the Policy, especially the section of the Policy on “Business Rate Relief on the Grounds of Hardship”.

The Director of Resources informed Members of the reasons behind the officer decision to reject the application, as were detailed in Appendix 3 to the report, referring to the appropriate policy criteria. It was also suggested that a payment plan be offered.

The rate payer’s request for an appeal, grounds for the appeal and further information were reproduced in Appendix 4 to the report.

At 6:50pm the Chairman excluded the Officers and they left the meeting whilst Members considered the item.

It was moved by Councillor Jacqueline Allison, Seconded by Councillor Colin Swindell and

RESOLVED (unanimously)

1.    That the procedure outlined in paragraph 2.3 of the report be adopted for this hearing.

2.    That the Officer decision be upheld and the appeal dismissed.

The Chairman declared the motion CARRIED.