Meeting documents

Regulatory Committee (2005-2016)
Wednesday, 17th June, 2009 7.30 pm

Date:
Wednesday, 17th June, 2009
Time:
7.30 pm
Place:
New Council Chamber, Town Hall, Reigate
 

Attendance Details

Present:
Councillors G.P. Crome (Chairman), S.S. Banwait†, Mrs. L.J. Brunt, M.A. Brunt†, S.N. Farrer†, R. Harper, I. Khan, S.A. Kulka†, D.J. Pay and S.T. Walsh
†Substitute Members
Min NoDescriptionResolution
Part I
1. CONSENT FOR THE MAYOR TO TAKE THE CHAIR
 RESOLVED that in accordance with the Council's Constitution, consent be given for the Mayor to take the Chair for the next item of business.
2 ELECTION OF CHAIRMAN
 RESOLVED that Councillor G.P. Crome be elected Chairman of the Committee for the Municipal Year 2009/10.
3 ELECTION OF VICE-CHAIRMAN
 RESOLVED that Councillor Mrs L.J. Brunt be elected Vice-Chairman of the Committee for the Municipal Year 2009/10.
4 MINUTES
 RESOLVED that the Minutes of the meeting held on 16 April 2009, subsequently adjourned to 14 May 2009, be approved as a correct record and signed.
5 APOLOGIES FOR ABSENCE
 Councillor S.T. Bramhall
Councillor Dr. L.R. Hack
Councillor R. Miah
Councillor G.L. Norman
6 DECLARATIONS OF INTEREST
 Councillor Walsh declared a personal and prejudicial interest in Item 10 on the agenda because he knew the applicant.

Councillor Harper declared a personal interest in Item 10 because of a past acquaintance with the applicant some four years ago. Councillor Harper declared his interest after the committee had heard the case due to his uncertainty as to whether or not he knew the applicant. This late declaration did not cause any conflict of interest in his participation in the committee's deliberations of this item.
7 REVIEW OF TAXI AND PRIVATE HIRE LICENSING POLICY AND CONDITIONS
Minute for Minute Number 7
RESOLVED,

(1) that the changes to conditions as set out in Annex 5 to the report be agreed;

(2) that Officers bring a report back to the next meeting of the Committee, reviewing the wording of policy 8 of Annex 4 and setting out clear guidelines to define the circumstances in which a vehicle may be considered as exempt from the four-year policy; and

RECOMMENDED

(3) that the policy changes as set out in Annex 4 be adopted by full Council with the exception of policy 8 on page 39 of the report (in relation to the age of vehicles at first registration), which is to be the subject of a further report as set out in resolution (2) above.
8 ANY OTHER URGENT BUSINESS
 None.
9 EXEMPT BUSINESS
RECOMMENDED that members of the Press and public be excluded from the meeting for the following items of business under Section 100A(4) of the Local Government Act 1972 on the grounds that:
 RESOLVED that the Press and public be excluded from the meeting for item 10 on the agenda under Section 100A(4) of the Local Government Act 1972, on the grounds that:

(i) it involved the likely disclosure of exempt information as defined in paragraph 3 of Part 1 of Schedule 12A of the Act; and

(ii) the public interest in maintaining the exemption outweighed the public interest in disclosing the information.
Part II(Confidential)
10 REQUEST FOR A PRIVATE HIRE VEHICLE LICENCE
Application Reference: 170609/a
  • (Attachment: 4)Application for licence
Minute for Minute Number 10
RESOLVED that the application be GRANTED, subject to a full inspection of the vehicle being undertaken by Officers every six months when the MOT certificate is presented to the authority.

REASONS FOR DECISION

The Committee considered the report and papers before it, together with the applicant's submissions. It noted the exceptional condition of the vehicle and the low mileage. It had taken into consideration the Reigate & Banstead Borough Council licensing policy and determined on the merits of this case not to apply the Maximum Age criteria.
11 PRESS RELEASE
 RESOLVED that no press release be issued in respect of item 10 on the agenda.
9.19 pm

Minute

Min NoMinute
7The Council's vehicle licensing policies were recommended for review every three years, the last review having been undertaken in 2005/6. A Policy Advisory Group was therefore set up in January 2009 to consult with interested parties and to review current practice.

The Regulatory Committee considered the report before them, which was accompanied by a copy of the consultation document sent to interested parties and a summary of the responses received including those of the Executive and the Overview and Scrutiny Committee.

Annexes 4 and 5 to the report set out the Policy Advisory Group's recommendations based upon the findings of the review. It was noted that recommendation 1 should refer to Annex 5 and recommendation 2 should refer to Annex 4.

The Chairman invited Councillor Farrer to introduce the report on behalf of the Policy Advisory Group.

Councillor Farrer commenced by formally thanking the Licensing Officers for their hard work and assistance in the preparation of the report.

The consultation exercise had been widely disseminated to all interested stakeholders and 239 responses had been received, which had been carefully considered by the PAG at its meeting on 28 April 2009.

The PAG had then put forward a number of recommendations.

Annex 4 to the report set out the PAG's proposals for changes in policy which, subject to the Committee's approval, would stand recommended to full Council for adoption.

Annex 5 to the report set out the PAG's proposals for changes in conditions to be determined by the Committee.

Subject to approval, it was proposed to implement all changes on 1 September 2009.

Annex 6 to the report set out a number of matters for further consideration, to be implemented if approved by March 2010.

The Committee considered the comments and recommendations set out in the minutes of the PAG meeting held on 28 April. It supported the principle of additional checks for foreign nationals, firmer action against drivers who were the subject of complaints, including the introduction of a penalty point scheme, and also the potential to promote the Council's environmental credentials by encouraging the use of energy-efficient vehicles.

The Committee did raise its concerns, however, about the proposal to delegate authority to officers to determine applications for the licensing of exceptional vehicles up to five years old at first registration.

The Committee believed it was important to emphasise that it was not changing its policy upon the age limit of vehicles at first registration, which remained at four years. It was concerned that the terminology used in the report before it, with references to ‘exceptional vehicle' and ‘high-specification executive vehicle' were too imprecise to justify waiving its policy because they could be held open to interpretation.

The Committee did not object to the principle of delegation to officers but it was keen for officers to be fully supported by a clear set of guidelines to ensure that all applications determined under delegated powers followed a clear and transparent procedure without ambiguity.

A number of suggestions were made, including the introduction of a checklist and a point-based system at the time of vehicle inspections, so that all delegated decisions were the subject of a stringent control procedure.

Officers took note of the Committee's views and undertook to bring a further report on this particular recommendation to the meeting on 15 July.
10The Committee agreed to move forward this item, listed as 10 on the agenda.

The Committee considered an application for a new private hire vehicle licence in respect of a vehicle that was more than four years old. The report included copy of the application form, a supporting letter from the applicant and photographs of the vehicle in question.

In accordance with the Council's Private Hire Vehicles, Drivers and Operators booklet, officers were not authorised to grant a licence for any vehicle that was more than four years old at first registration. The applicant had, therefore, asked for his application to be considered by the Committee.

The applicant attended the meeting.

A copy of the procedure note had been circulated and the Committee noted that the hearing would follow Procedure A, as there were no witnesses to be called.

Officers presented the report and colour photographs of the vehicle were circulated. It was noted that the vehicle held a current MOT certificate and was fully insured.

The applicant presented his application and drew to the attention of the Committee the impeccable external condition of the vehicle and its high-level interior specification.

The Committee were then given the opportunity to put questions to the applicant, following which the applicant was invited to make a closing statement.

The Committee adjourned at 7.56 pm to deliberate in private session and
reconvened at 8.28 pm to give its decision.

Note: Councillor Walsh left the meeting during consideration of this item, having declared a personal and prejudicial interest.

The Committee returned to open session following consideration of this item.