7 July 2014 Licensing and Appeals Committee

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Please Contact: Linda Yarham

Please email: Linda.yarham@north-norfolk.gov.uk

Please Direct Dial on: 01263 516019

7 July 2014

A meeting of the Licensing and Appeals Committee of North Norfolk District Council will be held in the Council Chamber, Council Offices, Holt Road, Cromer on Monday 21 July 2014 at

10.00 a.m.

At the discretion of the Chairman, a short break will be taken after the meeting has been running for approximately one and a half hours.

Members of the public who wish to ask a question or speak on an agenda item are requested to arrive at least 15 minutes before the start of the meeting. It will not always be possible to accommodate requests after that time. This is to allow time for the Committee Chair to rearrange the order of items on the agenda for the convenience of members of the public. Further information on the procedure for public speaking can be obtained from Democratic Services, Tel: 01263

516010, Email: democraticservices@north-norfolk.gov.uk

Sheila Oxtoby

Chief Executive

To: Mrs A Claussen-Reynolds, Mrs H Cox, Mrs A R Green, Mrs P Grove-Jones, Mr B Hannah, Mr

P W High, Mr B Jarvis, Mr P Moore, Miss B Palmer, Mr R Price, Mr R Reynolds, Mr R Shepherd,

Mr B Smith, Mrs A C Sweeney, Mr J A Wyatt.

All other Members of the Council for information.

Members of the Management Team, appropriate Officers, Press and Public.

If you have any special requirements in order to attend this meeting, please let us know in advance

If you would like any document in large print, audio, Braille, alternative format or in a different language please contact us

Chief Executive: Sheila Oxtoby

Corporate Directors: Nick Baker & Steve Blatch

Tel 01263 513811 Fax 01263 515042 Minicom 01263 516005

Email districtcouncil@north-norfolk.gov.uk

Web site northnorfolk.org

A G E N D A

TO RECEIVE APOLOGIES FOR ABSENCE 1.

2.

3.

6.

PUBLIC QUESTIONS

MINUTES (attached – page 1)

To approve as a correct record, the minutes of the meeting of the Licensing and Appeals

Committee held on 7 May 2014 and also the minutes of the meeting of the Licensing Sub-

Committee held on 4 June 2014.

4.

5.

ITEMS OF URGENT BUSINESS

To determine any other items of business which the Chairman decides should be considered as a matter of urgency pursuant to Section 100B(4)(b) of the Local Government

Act 1972.

DECLARATIONS OF INTEREST

Members are asked at this stage to declare any interests that they may have in any of the following items on the agenda. The Code of Conduct for Members requires that declarations include the nature of the interest and whether it is a disclosable pecuniary interest.

CONDITIONS RELATING TO VEHICLE LICENCES – SIGNAGE (attached - page 9)

Summary:

Conclusions:

Recommendations:

This report outlines a point for discussion with regard to a condition in the Hackney Carriage and Private Hire

Policy and Handbook relating to signage in the rear window.

Members to determine if there is scope to allow officer discretion in relation to this condition where safety is not compromised.

That Members agree that discretion can be applied where safety is not compromised until such time the

Policy is reviewed.

Cabinet Member(s)

Councillor John Lee

Chairman of the Licensing

Committee

Ward(s) affected

All

Councillor Richard Price

Contact Officer, telephone number and email:

Gemma Faircloth 01263 516139 gemma.faircloth@north-norfolk.gov.uk

7.

LICENSING - CHANGES TO DELEGATION OF AUTHORITY

Summary:

(attached - page 12)

This report outlines the need for discussions regarding changes to delegation of authority in cases where there are serious allegations / incidents relating to taxi drivers.

Conclusions:

Recommendations:

Cabinet Member(s)

Councillor John Lee –

Members should debate the merits to allow officers greater discretionary control when matters of a serious nature arise that need to be dealt with quickly

That Members agree that powers can be delegated to officer level, in consultation with one (or more) of the Members of the Licensing and Appeals

Committee and/or Portfolio Holder

Ward(s) affected - All

Portfolio Holder

Councillor Richard Price -

Chairman of the Licensing

Committee

Contact Officer, telephone number and email:

Lara Clare 01263 516262 lara.clare@north-norfolk.gov.uk

8. UPDATE ON GENERAL LICENSING ISSUES

The Licensing Manager will give an oral update on licensing issues.

9. TO REVIEW THE MEMBERS ’ TASK AND FINISH GROUPS

10. EXCLUSION OF PRESS AND PUBLIC

To pass the following resolution, if necessary:

“That under Section 100A(4) of the Local Government Act 1972 the press and public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraph _ of Part I of

Schedule 12A (as amended) t o the Act.”

11. TO CONSIDER ANY EXEMPT MATTERS ARISING FROM CONSIDERATION OF THE

PUBLIC BUSINESS OF THE AGENDA

Agenda item ___3_____

LICENSING AND APPEALS COMMITTEE

Minutes of a meeting of the Licensing and Appeals Committee held at 10.00 am on 7

May 2014 in the Council Chamber, Council Offices, Holt Road, Cromer.

Members Present:

Mrs A Claussen-Reynolds

Mrs H Cox

Mrs A Green

Mrs P Grove-Jones

Miss B Palmer

Mr R Price (Chairman)

Mr R Reynolds

Mr R Shepherd

Mr B Hannah

Mr P W High

Mr P W Moore

Officers in attendance:

Mr B Smith

Mr J Wyatt

Public Protection Manager, Licensing Manager, Legal Advisor,

Licensing Administration Officer and Regulatory Officer.

26 APOLOGIES FOR ABSENCE

Mr B Jarvis and Mrs A Sweeney sent their apologies.

27 PUBLIC QUESTIONS

None received.

28 MINUTES

The minutes of the meeting of the Licensing and Appeals Committee held on 13

January 2014 and also the minutes of meetings of the Licensing Sub-Committees held on 22 January, 25 February, 26 March and 28 March 2014 were approved as correct records and signed by the Chairman.

29 ITEMS OF URGENT BUSINESS

The Chairman introduced Mrs Gemma Faircloth, who had been appointed as Public

Protection Manager following restructuring of the Environmental Health department.

Mr Cawley, the Licensing Manager, would be leaving the authority as a result of these changes and the Chairman paid tribute to his 15 years of service, and vast knowledge, experience, wisdom and advice from which the Council had benefited.

He thanked Mr Cawley and wished him well for the future, and welcomed Mrs

Faircloth.

Mr B Hannah reiterated the Chairman’s comments and expressed his gratitude for the help Mr Cawley had given him during his time as Chairman of the Licensing

Committee.

Councillor P W High thanked Mr Cawley for the help and advice he had given him.

Mr Cawley thanked the Members and spoke of the challenges facing the licensing service. He expressed his gratitude to Committee Members over the years and to the present Committee.

21 July 2014

30 DECLARATIONS OF INTEREST

None.

31 LICENSING FEES AND CHARGES POLICY

The Licensing Manager presented the report which recommended the agreement of a new policy covering the setting of fees and charges for the licensing function for adoption by Full Council.

In response to a question by Councillor P W High, the Chairman explained that taxi licensing fees and charges were unlikely to change much, if at all, as they had already been set at a reasonable level. The proposed policy would have more of an impact on those fees and charges which had not been reviewed.

In answer to a question by Councillor P W Moore regarding car parking charges, the

Licensing Manager explained that the proposed policy was an overarching policy for the setting of fees and charges for the licensing function. However, the Government was encouraging Councils to have an overarching policy for the setting of fees and charges for all their functions and Full Council would be required to consider this matter later in the year. The template for licensing fees and charges could be used to develop a wider fees and charges policy.

Councillor Mrs H Cox considered that taxi licensing fees would not be reconsidered for 3 to 5 years as review of these fees was a cyclical process. She supported the proposed policy.

The Licensing Manager explained that some of the licence fees had been introduced by Central Government in 2003 and had not been changed since then, whilst costs had risen with inflation. A 3 to 5 year cycle was a pragmatic timescale for the Council to work to. He drew attention to paragraph 3.14 of the proposed policy relating to fairness and covering of costs. He stated that some Councils had set fees at a level which discouraged people from applying for certain licences.

RESOLVED

That Full Council be recommended to adopt the proposed Fees and

Charges Policy.

32 CARAVAN SITE LICENSING FEES

The Licensing Manager presented the report which sought agreement to proposed fees for residential caravan site licensing for adoption by Full Council. It was proposed that fees one level of annual fee would be charged for the current year, irrespective of the size or condition of the site as all sites would require an initial assessment visit. Risk factors would be applied to sites in future to reflect the amount of resources which would be needed to monitor them. It was envisaged that owner-occupier sites would require less intervention than tenanted sites.

Following comments by Members, the Licensing Manager explained further the difference in the amount of work envisaged to be required between tenanted and owner-occupied sites. It was envisaged that owner-occupied sites would take half the time to inspect and there would be health and safety or maintenance issues which there may be on a tenanted site. Whilst there was nothing in law to prevent the same fee being charged it could be challenged. With regard to the proposed fee

21 July 2014

for transfer of ownership, this related to the cost of record keeping and follow-up but no site inspection would be required.

RESOLVED

That Full Council be recommended to adopt the proposed fees for caravan site licensing as set out in the report.

One Member abstained from voting.

33 LICENSING POLICY FOR SEX ESTABLISHMENTS

The Licensing Manager presented the report which outlined consultation and feedback on the adoption of a policy for the consideration of, processing and determination of applications for sex establishment licences.

The Licensing Manager reported that no adverse comments had been received in response to the consultation exercise. A number of Parish Councils had been very supportive of the Council’s approach and were keen to see a framework in place. He stated that minor changes would be required to the policy as presented due to changes in officer designations following restructuring, and clarification of the relevant dates.

Councillor B J Hannah considered that the Health Authority had not been included in the consultation. The Licensing Manager stated that a copy of the consultation document had been sent to Norfolk County Council but it had not been specifically addressed to the Health Authority. Members considered that it was important that the Health Authority receive a copy of the document and be requested to confirm receipt.

Councillor Mrs H Cox drew attention to a typographical error in paragraph 5.12 of the proposed policy which should read “… the sex establishment…”,

The Licensing Manager stated that if agreed, the final document would be submitted to Full Council with the updates and confirmation from the Health Authority.

Councillor Mrs P Grove-Jones asked how the Council would stop leaflets being distributed in the street or regulate the activities referred to in paragraph 14.11 of the policy, and generally check compliance with the policy.

The Licensing Manager explained that the proposed conditions specified in the policy were broad conditions and the Council would be able to impose specific conditions if necessary. He explained how the conditions would be monitored.

Councillor B J Hannah requested that the views of Children’s Services and the local medical practice should be sought when determining applications and that feedback should be expected.

Councillor B Smith considered that all conditions should be imposed across the board and questioned why the policy allowed for requests for exemption from some of the conditions. The Licensing Manager explained that it provided flexibility in the event of changes in technology or where applicants were proposing more stringent controls. The standard conditions provided a framework.

In response to a question by Councillor R Reynolds, the Licensing Manager stated that tattoo parlours would be considered at a later date.

21 July 2014

RESOLVED

That subject to amendments to include those referred to by the

Licensing Manager and requested by Members, Full Council be recommended to adopt the Sex Establishments Policy.

34 UPDATE ON GENERAL LICENSING ISSUES

Entertainment Licensing

The Government had agreed an extension to Entertainment Licences until 1 am for

England’s World Cup matches with a scheduled kick off time of 8pm or later.

Alcohol Licences

The Government had now agreed to condition all off-licences to prevent the sale of alcohol below tax, rather than set a minimum price as this had been trialled in

Scotland and the Government had fallen foul of restriction of trade. The Licensing

Manager was not aware of any establishments in North Norfolk which sold alcohol at a price below tax but it could be monitored.

Scrap Metal Licensing

All valid applications for scrap metal licences had now been processed. There was a small number of applications which had not been complete and from 1 May any individual who was trading without a licence would be enforced against. Authorities would be looking at a common enforcement policy later in the year.

Taxi Law

The Law Commissioner was considering a national standard for taxi legislation to remove anomalies between authorities. The timetable had now slopped and the new law was unlikely to be enacted for 2-3 years. Reports would be submitted to the

Committee in due course.

Body Piercing

The Department of Health h ad now approved the Council’s new byelaws for body piercing, which enabled the Council to deal with a wider range of treatments than were covered under the previous byelaws.

The Public Protection Manager thanked the Licensing Manager and Licensing Team and stated that she would endeavour to continue his good work. She explained that the Public Protection Team incorporated licensing, corporate health and safety and health and safety enforcement and brought together the elements of licensing which had previously been the responsibility of the Commercial Team. The new team now dealt with the whole range of licences.

35 TO RECEIVE UPDATES ON MEMBERS TASK AND FINISH GROUPS

No Task and Finish Groups had met since the last meeting. The Chairman stated that some issues, such as street trading and street collections, were becoming urgent.

21 July 2014

The Public Protection Manager stated that her team was seeking to recruit a licensing enforcement officer and public protection officer which should allow the team to deal with more of these issues.

The meeting closed at 12.12 pm.

___________________

Chairman

21 July 2014

LICENSING AND APPEALS SUB-COMMITTEE

Minutes of a meeting of the Licensing Sub-Committee held on 4 June 2014 in the Council Chamber, Council Offices, Holt Road, Cromer at 10.00 am.

Sub-Committee Mr R C Price (Chairman)

Mr P W High

Officers in Attendance:

1 APOLOGIES

2

Mr B Smith

Legal Advisor, Public Protection Manager, Licensing

Enforcement Officer and Regulatory Officer

An apology for absence was received from Mrs A C Sweeney. Mr P W High attended the meeting as her substitute.

ITEMS OF URGENT BUSINESS

3

None received.

DECLARATIONS OF INTEREST

4

None received.

CONSIDERATION OF AN EXISTING LICENSED PRIVATE HIRE VEHICLE

CHANGING USE TO A HACKNEY CARRIAGE VEHICLE AND FROM 3

PASSENGER SEATS TO 4 PASSENGER SEATS

Present:

Mr D J Joyce (applicant)

Mrs F Joyce (applicant)

The Chairman introduced the Sub-Committee and Officers.

The Public Protection Manager explained the purpose of the application was to relicence the vehicle as a Hackney Carriage and to increase the number of passengers carried from three to four. A copy of the 2013 inspection report carried out by Henries of Sheringham, the Council’s authorised contractor, had been appended to the agenda, which stated that the vehicle had a total of four seats. The applicants had now supplied a recent inspection report which stated that the vehicle had a total of five seats. She referred to the taxi licensing standards. The cylinder capacity requirements for hackney carriages had been included in the Council’s policy, and other authorities’ policies, for a number of years. It was not a statutory requirement but based on best practice and guidance.

The applicants were invited to put their case.

Mrs Joyce referred to a document she had handed into reception which listed the points the applicants wished to make. However, this document had not been received by the Officers or Members.

The applicants stated that Henries had now classed the Honda Jazz as a five person car and that two members of the Council’s staff had stated that

Licensing & Appeals Committee 6 21 July 2014

Henries had the final decision on the number of passengers which could be carried. The car was in conformity with Government legislation and designed to carry three passengers in the rear, with three rear seat belts, and had to be insured to carry four passengers. NNDC had licenced a Seat Altea which had the same seat size as the Jazz. With regard to engine size, the Jazz was marketed as a 1.4 litre cc and was a powerful car, comparable in terms of brake horsepower with vehicles with much larger engine capacity. There would be less wear and tear on the car as a hackney carriage than a private hire vehicle as the latter had to travel additional miles to collect passengers.

The Public Protection Manager stated that Henries did not have the final determination as to licensing. The Council had a policy and final determination was up to the Sub-Committee.

During questioning, the following matters were raised: a) The vehicle inspection report form did not require the exact engine capacity to be stated. b) The engine size as stated by the DVLA was 1339cc. This was referred to on the form as 1.4L. All cars were rounded up in terms of engine size by the manufacturers. c) A copy of the taxi handbook was handed to the Sub-Committee, with the relevant clause as to engine size highlighted. d) Norwich City Council had confirmed that there was no Honda Jazz currently licenced in its area. e) The Council’s taxi licensing policy was based on best practice; it was not based on law. f) The applicants expressed concern regarding inconsistency of the advice they had been given. g) The Council’s taxi licensing policy had not taken into account improvements in engine technology at the previous review. h) The Public Protection Manager stated that some authorities no longer took engine capacity into account. h) The Public Protection Manager understood that the inconsistency in the number of seats stated in the inspection reports had arisen as the seats had been measured in 2013 but the 2014 report was based on the number of seat belts. The applicants stated that they had been honest and told Henries that the seat measured 47.5” when it was first inspected. i) The applicants stated that the Council had licensed a Seat Altea to carry four passengers despite the seat width being the same as the Jazz.

The Legal Advisor summarised the key issues for the Sub-Committee to consider.

The Sub-Committee retired at 10.35 am and returned at 10.46 am.

The Chairman stated that the Sub-Committee had accepted that the vehicle was generally considered to be a 1.4L and in terms of brake horsepower, it was equivalent to vehicles with a larger engine capacity. The Sub-Committee was satisfied that the vehicle was well maintained and although the front of the rear seat fell short of the required length it was considered that the vehicle could carry four passengers comfortably and safely.

RESOLVED

Licensing & Appeals Committee 7 21 July 2014

That the applications for change of use to a hackney carriage and to increase the number of passengers to four be granted.

The Sub-Committee also made the following recommendations:

1. That attention be given to modifying or bringing up to date the

Council’s policies to consider the impact of electric and hybrid vehicles and improvements in technology and design of engines, and to consider whether engine capacity was the best measure or whether brake horsepower or the ratio of brake horsepower to vehicle weight would more appropriate.

2. That a strongly worded letter be sent to Henries of Sheringham stating that their clients pay a large fee for inspection which reassures the vehicle owners, operators and the public that vehicles are safe and well maintained. It is of some concern to the SubCommittee that if the Council’s policy has set a measurement as to the number of seats, that they are actually measured.

The Sub-Committee also questioned whether the measurement of the front of the seats was appropriate or whether the number of seat belts may be more appropriate.

3. That the inspection form be modified to specifically state the actual engine capacity of a vehicle.

The meeting closed at 10.51 am

__________________________

Chairman

Licensing & Appeals Committee 8 21 July 2014

Agenda Item No____6_______

CONDITIONS RELATING TO VEHICLE LICENCES - SIGNAGE

Summary:

Conclusions:

Recommendations:

This report outlines a point for discussion with regard to a condition in the Hackney Carriage and Private Hire

Policy and Handbook relating to signage in the rear window.

Members to determine if there is scope to allow officer discretion in relation to this condition where safety is not compromised.

That Members agree that discretion can be applied where safety is not compromised until such time the

Policy is reviewed.

Cabinet Member(s)

Councillor John Lee

Chairman of the Licensing

Committee

Councillor Richard Price

Ward(s) affected

All

Contact Officer, telephone number and email:

Gemma Faircloth 01263 516139 gemma.faircloth@north-norfolk.gov.uk

1. Introduction

1.1 The Local Government (Miscellaneous Provisions) Act 1976, Part II, Section

45; The Town Police Clauses Act 1847, Section 68 and the Public Health Act

1875, Section 171 have been adopted by the Authority. The Acts require that the Council is satisfied that a vehicle used as a taxi or Private Hire vehicle is suitable in type, size and design and additionally that it is in suitable mechanical condition and is safe and comfortable.

1.2 In addition to the statutory requirements the Council may attach such conditions as it considers reasonably necessary. The Hackney Carriage and

Private Hire Policy and Handbook contains the agreed set of conditions and came in to effect on 1 July 2012, following adoption at Full Council.

1.3 The conditions relating to vehicle licences include one relating to external signage, it is this condition that is the subject of this report.

2. Conditions relating to signage

2.1 The Hackney Carriage and Private Hire Policy and Handbook in relation to external signs states under Conditions Relating to Vehicles, Section 6.

External Signs etc.;

Licensing and Appeals Committee 9 21 July 2014

“No signs, notices, advertisements, plates, marks, letters, figures, symbols, emblems, other than those mentioned below shall be displayed on, in or from the vehicle

Signs permitted are: o any registration number o any sign required by statute or subordinate legislation o any sign on a taximeter indicating that the vehicle is for hire o the licence plate giving the licence number and the maximum number of passengers to be carried on the outside rear of the vehicle. This is in addition to the internal sign referred to above. o the roof sign referred to in clause 8 below o any sign indicating membership of a national motoring organisation o any sign informing passengers not to smoke in the vehicle o the tariff card as in clause 5 above o any sign approved by the Council to indicate that the payment of fares may be made by credit card shall be displayed on the front windscreen of the vehicle o any sign provided by the Norfolk County Council to show that the vehicle is used for school contracts shall be displayed in the windscreen in such a manner so as not to obstruct the driver‟s vision, and may only be displayed when actually employed in the performance of such contract work with pupils being carried. o any other sign specifically approved in writing by the District Council must meet the conditions as set out above, o no sign may contain any material of a religious or political nature or contain any matter likely to cause offence. o On private hire vehicles no sign may include in the lettering any word whether in the singular or plural the words „taxi‟, ‟cab‟ or „hire‟ or any word of a similar meaning or appearance to any of those words whether alone or as part of another word

Any sign permitted must be positioned so as not to impede visibility and, in any event, no sign shall be placed on the rear window of the vehicle or hanging obstruction be placed in any part of the vehicle.

2.2 The final bullet point is quite clear that in any event no sign shall be placed in the rear window of the vehicle. This is for safety to ensure that there is good rear view visibility.

3. Considerations

3.1 We have had a number of recent enquiries for signage to be placed on the rear windows (and indeed some that is there with no consultation with the

Council). Would Members agree to allow scope for officer discretion to identify what may be appropriate and what may not with regard to signage placed in the rear window.

3.2 Some garages routinely apply stickers to rear windows of vehicles and there is no issue with those impacting on visibility, would this size and type of sticker be acceptable for use by taxi and private hire vehicle owners to advertise their contact details or company name where there is no compromise to safety.

Licensing and Appeals Committee 10 21 July 2014

3.3 The Hackney Carriage and Private Hire Policy and Handbook is due to be reviewed following a decision by the Licensing Sub Committee at a recent hearing on 4 th

June 2014. This review could incorporate any decision made by the Committee in relation to signage.

4. Conclusion

To discuss the option of allowing officer discretion to permit signs on the rear windows of taxi or private hire vehicles, where there is no compromise to safety.

To determine if the option of allowing officer discretion to permit signs on the rear windows of taxi or private hire vehicles, where there is no compromise to safety is agreeable.

Licensing and Appeals Committee 11 21 July 2014

Agenda Item No_____7______

LICENSING - CHANGES TO DELEGATION OF AUTHORITY

Summary: This report outlines the need for discussions regarding changes to delegation of authority in cases where there are serious allegations / incidents relating to taxi drivers.

Conclusions:

Recommendations:

Cabinet Member(s)

Councillor John Lee –

Portfolio Holder

Councillor Richard Price -

Chairman of the Licensing

Committee

Members should debate the merits to allow officers greater discretionary control when matters of a serious nature arise that need to be dealt with quickly

That Members agree that powers can be delegated to officer level, in consultation with one (or more) of the Members of the Licensing and Appeals

Committee and/or Portfolio Holder

Ward(s) affected - All

Contact Officer, telephone number and email:

Lara Clare 01263 516262 lara.clare@north-norfolk.gov.uk

1. Introduction

1.1 Action Against Taxi Driver Licences

1.2 Powers to take action (suspend, revoke or refuse to renew)

1.3 Consider the use of powers carefully. At present the Council can either suspend or revoke a driver’s licence, not both. The Council is advised that it cannot use suspension as an interim measure as shown in the following case law – R (app Singh) v Cardiff City Council [2012] EWHC1852 (Admin) 23 rd

May 2012. The excerpt below is from the summing up;

“On a more important point, Singh J ruled on the question of suspending a driver’s licence under section 61 LG(MP)76 as an interim step pending the outcome of a subsequent investigation.

“In my judgment, the way in which the concept of suspension is used by

Parliament is section 61 of the 1976 Act is not… to create a power of interim suspension, it is rather after a considered dete rmination…a final decision on whether a ground for either revocation, or suspension of a licence is made out, for there to be either revocation or, as a lesser sanction, a sanction of suspension.”

This means it would be unlawful for a Council to suspend a driver’s licence as

Licensing and Appeals Committee 12 21 July 2014

an interim step where, for example, the driver is subject to any form of investigation following an allegation or complaint. Revocation or suspension should only be used as a determination of the (un)fitness of the driver.

1.4 Consideration has to be given to determine who has power to suspend or revoke. This is either the officer under delegated powers or Committee. It might be more prudent in issues of a serious nature that would normally be dealt with by Committee decision, which may take time to convene, to suggest that power is delegated to an Officer in consultation with Chair or

Deputy and/or Portfolio holder.

2. Delegated Authority

2.1 Members are asked to discuss the issue of Delegated Authority to revoke a taxi driver’s licence where a serious allegation / incident has occurred.

2.2 We have been advised that we cannot suspend and then revoke as this is essentially penalising someone twice, therefore where we are aware of serious matters currently as officers we only have the power to suspend. We would like to discuss with Committee the possibility of identifying a route to apply the sanction of revocation in consultation with one or two of the

Committee and/or Portfolio Holder in order that we can take swift and appropriate action where this is deemed necessary.

2.3 Ultimately once investigations in to matters were complete we would have the ability to either confirm the revocation or to reinstate the licence at the normal

Committee hearing process.

3. Conclusion

3.1 Put processes in place that if serious allegation / incident were received that there are mechanisms in place to revoke a licence immediately with a plan to reinstate if accusations not founded.

Licensing and Appeals Committee 13 21 July 2014

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