Agenda item

To consider report LDS/191 of the Head of Governance, People & Performance.

Councillor Khan left the room and took no part in the discussion or vote on this item.

The Committee considered report LDS/191 which proposed changes to the Constitution which reflected the arrangements necessary to fulfil the decision by the Licensing Committee to delegate power to take decisions around the suspension of issuing hackney carriage (driver and vehicle) licences and private hire (driver/vehicle/operator) licences to a Licensing Sub-Committee (when specifically requested by the Chair of the Licensing Committee).

The Committee discussed the meeting of the Licensing Committee held on 17 August and the viability and legality of the decisions taken.  Committee members voiced a range of opinions on the matter.  Some were supportive of the decision and felt it would allow the Council to respond more dynamically to issues relating to taxi licences as and when they occur; others were not supportive of the decision and felt it was inappropriate, complicated, or unusual for a Licensing Sub-Committee to be granted those powers.  A Committee member suggested that the Full Council may benefit from receiving legal advice from the Monitoring Officer in respect of the proposed Constitutional changes relating to the establishment of the Licensing Sub-Committee and its functions.

It was highlighted that the Licensing Committee’s decisions could not be overturned by the Governance Committee.  The focus of this item was to approve the protocol which would enable the Licensing Committee’s decision to be implemented, via the Council’s Constitution.

A concern was raised that the proposed new section of the Constitution, ‘Licensing Sub-Committee (Taxis) Functions’ (Appendix A of report LDS/191) did not define a timescale for any temporary suspension that may occur.  It was suggested that a timescale should be designated within which any suspension should be reviewed, to ensure that the suspension did not inadvertently become permanent.

Following a request by a Committee member, it was agreed that all votes on the item be taken as recorded votes.  

Councillor Lunnon moved the following amendment to recommendation 1:

That an additional section be added to Appendix A of report LDS/191 setting out that any temporary license suspension enacted by the Licensing Sub-Committee be reviewed at the next-but-one scheduled meeting of the Licensing Committee (the exact wording of this addition was to be finalised by officers and added as an appendix to these minutes).

The Chair called for a recorded vote on the proposed amendment.  The names of the Committee members voting for, against, or abstaining were as follows:

FOR – Councillors Crow, Jhans, Lamb, Lunnon, and Pritchard (5).

AGAINST – Councillors Burrett and McCarthy (2).

ABSTAIN – Councillors Jones and Lanzer (2).

The amendment was therefore carried and was incorporated into recommendation 1 to form the substantive recommendation.

Councillor Crow moved the following additional recommendation, subject to the approval of recommendations 1-3 set out in the report:

That the Monitoring Officer be requested to provide legal advice to the Full Council in respect of the proposed Constitutional changes (to be published in the order paper).

The Chair called for a recorded vote on the proposed amendment.  The names of the Committee members voting for, against, or abstaining were as follows:

FOR – Councillors Burrett, Crow, Jones, Lamb, Lanzer, Lunnon, McCarthy, and Pritchard (8).

AGAINST – None.

ABSTAIN – Councillor Jhans (1).

The additional recommendation was therefore carried, subject to the approval of recommendations 1-3 set out in the report.

The Chair then called for a recorded vote on the substantive recommendations.  The names of the Committee members voting for, against, or abstaining were as follows:

FOR – Councillors Jhans, Jones, Lamb, Lunnon, and Pritchard (5).

AGAINST – Councillors Burrett, Crow, Lanzer, and McCarthy (4).

ABSTAIN – None.

RESOLVED

That the Monitoring Officer be requested to provide legal advice to the Full Council in respect of the proposed Constitutional changes (to be published in the order paper).

That the Full Council be recommended to approve:

1.       The proposed Constitutional changes establishing the Licensing Sub-Committee (Taxis) as set out in Appendix X to these minutes (LDS/191a).

2.       That meetings of the Licensing Sub-Committee (Taxis) follow the same procedure as set out in the General Committee Procedure Rules of the Constitution.

3.       That the Head of Governance, People & Performance be delegated authority to amend all references to the “Licensing Sub-Committee” in the current Constitution to “Licensing Sub-Committee (Hearings)” and make any other consequential changes to the Constitution as necessary.