Democracy in Crawley

How decisions are made and who represents you

Agenda and minutes

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Contact: Email: Democratic.Services@crawley.gov.uk 

Items
No. Item

1.

Disclosures of Interest

In accordance with the Council's Code of Conduct, councillors are reminded that it is a requirement to declare interests where appropriate.

 

Minutes:

No disclosures of interests were made.

 

 

2.

Minutes pdf icon PDF 201 KB

To approve as a correct record the minutes of the Licensing Committee held on 9 November 2020.

Minutes:

The minutes of the meeting of the Licensing Committee held on 9 November 2020 were approved as a correct record and signed by the Chair.

 

 

3.

Public Question Time

To consider any written questions that were submitted in advance and accepted in line with the Constitution.  These will be read to the Committee and be followed by a response. The questioner will receive an emailed copy of the response given at the meeting. There will be no supplementary questions.

Minutes:

There were no questions submitted by members of the public.

 

 

4.

Proposed Fees and Charges for 2021/22 pdf icon PDF 346 KB

To consider report HCS/28 of the Head of Community Services.

Additional documents:

Minutes:

The Team Leader for Health, Safety and Licensing (Licensing Team Leader) presented report HCS/28 of the Head of Community Services.  The report and appendices C, D, E and F set out the proposed fees and charges for various services under the licensing regime for the financial year 2021/22, of which there was proposed to be an increase in line with the corporate rate of inflation (2%).

 

It was heard that 40 representations had been received from licensed drivers in objection to the proposed increase to taxi licence fees as set out in appendix C, and were appended to the report as appendix B.  A representation had also been received from Mr John Ellington, Secretary of the Crawley Hackney Carriage Association, which was read to the Committee.

 

The Committee then considered the report.  It was recognised that, although licensed drivers remained able to work throughout Government restrictions implemented since March 2020, availability of work was likely to have reduced.  Sympathy was expressed for all those throughout the licensing regime that had lost their source of income during 2020/21.

 

Upon receipt of a question regarding the licensing service’s financial position, the Licensing Team Leader confirmed that the service aimed to be self-financing, but had been operating at a loss for several years.  This was in part due to investment in the service, such as improvements to IT systems, the costs of which were originally expected to be recovered.  However unexpected financial pressures caused by the effects of the Coronavirus pandemic (e.g. loss of income due a lack of new licensed driver applicants; being unable to offer the Knowledge Test or the Disability Awareness Test; and a number of drivers choosing not to renew licenses) had compounded the shortfall.  Steeper increases in fees would likely be required to cover the service’s costs in the future to mitigate the shortfall if no increase was to be made for 2021/22.  The Legal Officer clarified that there was no legal principle which required licensing regimes to be self-financing through fees.  The Committee also acknowledged the legal requirement that licensing fees should not be used to raise surplus revenue.

 

The Licensing Team Leader gave details of the grants available for self-employed people, including licensed drivers, which consisted of £250, £400, and £250 maximum payments in turn (the third of which was approved on 2 March 2021).  It was confirmed that licensed drivers had been sent information about the grants in various ways, including via their operators, and that these had also been publicised on the Council’s website.  Licensed drivers were encouraged to apply for the grants available to them to assist with losses or costs incurred.

 

The Committee sought clarification regarding the actual amounts by which fees would increase if the 2% rise was agreed.  The Licensing Team Leader gave an example of a common payment, the hackney carriage licence renewal, at a cost of £330.10 (plus £80 for the Unmet Demand Survey and the use of Crawley railway station).  It was heard that the proposed 2%  ...  view the full minutes text for item 4.

5.

Verbal Update - Decision Taken Under Urgency: Licensed Hackney Carriage and Private Hire Vehicles - Extend 11 Year Age Limit Due to Covid-19 pdf icon PDF 188 KB

The Committee is asked to note that the Head of Community Services (in consultation with Councillor Jones, Councillor B Burgess, Councillor Jhans, and Councillor Jaggard) took an urgent decision on 9 February 2021 to extend the 11 year age limit of licensed vehicles due to COVID-19, with any extension being subject to the following conditions:

 

1. 12 month extension to run 01/02/21 – 31/01/22 only.

2. Those vehicles already afforded a 3 month extension (or other period) shall be awarded a further 9 months only, to ensure equality and fairness and allowing a 12 month extension in total.

3. The above is applicable only for those vehicles identified, for the term identified and is not transferrable to another vehicle.

4. A Certificate of Compliance is required at the application for an extension, and every 6 months thereafter.

5. An extension will be refused and the vehicle removed as a licensed vehicle if it is found that it does not meet the standards required by the Certificate of Compliance, and/or where the nominated Garage identifies a matter that impacts upon the vehicles safety or where it is no longer considered roadworthy.

6. A Nominated Licensing Officer of the Council may also form the view that to extend the term that a vehicle is licensed is unsuitable or inappropriate. This will be reviewed by the Team Leader for Health, Safety and Licensing, who will give written reasons where an extension is refused.

 

The decision was deemed ‘urgent’ as it could not wait until the next relevant Licensing Committee meeting, and it was therefore taken under, and in accordance with, General Committee Procedure Rule18 (Urgent Action).  The Chief Executive, who has authority under this provision to take urgent decisions, authorised the Head of Community Services to take the decision on her behalf.

 

Notification of the decision was published via the Councillors’ Information Bulletin on 9 February 2021 and can be viewed in full here.

 

Minutes:

The Licensing Team Leader gave a verbal update on a decision taken under General Committee Procedure Rule 18 (urgent action) by the Head of Community Services, as delegated by the Chief Executive.  The decision was required to be reported to, and noted by, the Committee.

 

In consultation with Councillor Jones, Councillor B Burgess, Councillor Jhans, and Councillor Jaggard, the decision was taken to extend the 11 year age limit of licensed vehicles, as vehicles had not been used to the same intensity during the Coronavirus pandemic.  Any extension was subject to the following conditions:

 

1. 12 month extension to run 01/02/21 31/01/22 only.

2. Those vehicles already afforded a 3 month extension (or other period) shall be awarded a further 9 months only, to ensure equality and fairness and allowing a 12 month extension in total.

3. The above is applicable only for those vehicles identified, for the term identified and is not transferrable to another vehicle.

4. A Certificate of Compliance is required at the application for an extension, and every 6 months thereafter.

5. An extension will be refused and the vehicle removed as a licensed vehicle if it is found that it does not meet the standards required by the Certificate of Compliance, and/or where the nominated Garage identifies a matter that impacts upon the vehicles safety or where it is no longer considered roadworthy.

6. A Nominated Licensing Officer of the Council may also form the view that to extend the term that a vehicle is licensed is unsuitable or inappropriate. This will be reviewed by the Team Leader for Health, Safety and Licensing, who will give written reasons where an extension is refused.

 

Following a question regarding the timescales associated with the decision, the Licensing Team Leader confirmed the Crawley Hackney Carriage Association had submitted a formal request regarding the extension at the beginning of February, and the decision was taken several days after this, on 9 February 2021.

 

RESOLVED

 

That the Committee noted that the Head of Community Services took an urgent decision on 9 February 2021 to extend the 11 year age limit of licensed vehicles due to COVID-19, as set out in the Councillors’ Information Bulletin IB/1065.