Agenda and minutes

Venue: Council Chamber, Swale House, East Street, Sittingbourne, Kent, ME10 3HT

Contact: Democratic Services, 01795 417330 

Items
No. Item

620.

Emergency Evacuation Procedure

The Chairman will advise the meeting of the evacuation procedures to follow in the event of an emergency. This is particularly important for visitors and members of the public who will be unfamiliar with the building and procedures.

 

The Chairman will inform the meeting whether there is a planned evacuation drill due to take place, what the alarm sounds like (i.e. ringing bells), where the closest emergency exit route is, and where the second closest emergency exit route is, in the event that the closest exit or route is blocked.

 

The Chairman will inform the meeting that:

 

(a) in the event of the alarm sounding, everybody must leave the building via the nearest safe available exit and gather at the Assembly points at the far side of the Car Park. Nobody must leave the assembly point until everybody can be accounted for and nobody must return to the building until the Chairman has informed them that it is safe to do so; and

 

(b) the lifts must not be used in the event of an evacuation.

 

Any officers present at the meeting will aid with the evacuation.

 

It is important that the Chairman is informed of any person attending who is disabled or unable to use the stairs, so that suitable arrangements may be made in the event of an emergency.

 

 

 

Minutes:

The Chairman ensured that those present were aware of the emergency evacuation procedure.

621.

Minutes

To approve the Minutes of the Meeting held on 12 September 2017 (Minute Nos. 213 - 217 ) as a correct record, and to accept the Minutes of the following Licensing Sub-Committees:

 

 

2pm 1 August 2017 (Minute Nos. 154 – 157)

10am 8 August 2017 (Minute Nos. 160 – 161)

10am 23 August 2017 (Minute Nos. 171 – 174)

3.30pm 28 November 2017 (Minute Nos. 354 – 358)

2pm 30 November 2017 (Minute Nos. 372 – 375)

2pm 27 March 2018 (Minute Nos.  572 -576)

3.15pm 27 March 2018 (Minute Nos. 577 – 581)

4.15pm 27 March 2018 (Minute Nos. 582 – 586)

Minutes:

The Minutes of the Meeting held on 12 September 2017 (Minute Nos. 213 – 217) were taken as read, approved and signed by the Chairman as a correct record.

 

The Licensing Sub-Committees held on 1 August 2017 (Minute Nos. 154 – 157), 8 August 2017 (Minute Nos. 160 – 161), 23 August 2017 (Minute Nos. 171 – 174), 28 November 2017 (Minute Nos. 354 – 358), 30 November 2017 (Minute Nos. 372 – 375), 27 March 2018 (Minute Nos. 572 – 576, 577 - 581 and 582 – 586) were taken as read, approved and signed by the Chairman as a correct record.

622.

Declarations of Interest

Councillors should not act or take decisions in order to gain financial or other material benefits for  themselves or their spouse, civil partner or person with whom they are living with as a spouse or civil partner.  They must declare and resolve any interests and relationships.

 

The Chairman will ask Members if they have any interests to declare in respect of items on this agenda, under the following headings:

 

(a)          Disclosable Pecuniary Interests (DPI) under the Localism Act 2011.  The nature as well as the existence of any such interest must be declared.  After declaring a DPI, the Member must leave the meeting and not take part in the discussion or vote.  This applies even if there is provision for public speaking.

 

(b)          Disclosable Non Pecuniary (DNPI) under the Code of Conduct adopted by the Council in May 2012.  The nature as well as the existence of any such interest must be declared.  After declaring a DNPI interest, the Member may stay, speak and vote on the matter.

 

(c)          Where it is possible that a fair-minded and informed observer, having considered the facts would conclude that there was a real possibility that the Member might be predetermined or biased the Member should declare their predetermination or bias and then leave the room while that item is considered.

 

Advice to Members:  If any Councillor has any doubt about the existence or nature of any DPI or DNPI which he/she may have in any item on this agenda, he/she should seek advice from the Monitoring Officer, the Head of Legal or from other Solicitors in Legal Services as early as possible, and in advance of the Meeting.

 

Minutes:

No interests were declared.

623.

Public Session

The Council operates a scheme of public speaking at meetings of the

General Licensing Committee. Requests to speak at the meeting must

be registered with Democratic Services by 4.30pm on Friday 13 April 2018 and must be related to an item on the agenda. Each speaker has a maximum of three minutes to speak.

Minutes:

The Chairman advised that no requests to register to speak had been received.

624.

Taxi Policy pdf icon PDF 84 KB

To consider the revised Taxi Policy

Additional documents:

Minutes:

The Licensing Officer introduced the report which provided Members with the consultation responses received on the draft Hackney Carriage and Private Hire Policy.

 

The Licensing Officer explained that the existing policy, adopted in 2016, was minimal and did not cover all eventualities and a more robust document was necessary.  He added that the draft Policy was developed in close liaison with drivers and operators, was then considered by the Policy Development and Review Committee who provided comments, before being put out to public consultation via emails, newsletters, newspapers and on the Council’s website, for 12 weeks from 18 January 2018 to 29 March 2018. 

 

The Licensing Officer advised that 8 responses had been received.  He explained that the overarching aim of the taxi and private hire licensing regime was to protect the public by providing a safe environment for those using the vehicles and for drivers to understand their responsibilities to the travelling public.

 

A Member expressed disappointment at the poor response to the consultation.  A discussion ensued and the Cabinet Member for Safer Families and Communities suggested that since drivers were involved in the year long process of putting the policy together, by the time of the consultation, they were happy with its content.

 

A Member referred to 3.3.3 Driving Experience on page 4 of the document and proposed that, rather than removing the requirement for a driver to have at least twelve months experience, a driver should have three months experience.  The proposal was not seconded.

 

In the discussion that followed, the Licensing Officer highlighted the setting up costs and lack of available drivers, and said the removal of the condition would encourage drivers to be more independent.  The Cabinet Member for Safer Families and Communities added that drivers working for an operator gained no more experience than working for themselves.

 

The Licensing Officer referred to the updated Appendix II, which set out the penalty points system and explained the proposed system of awarding penalty points on a sliding scale, giving a wider range of offences.

 

In response to a question from a Member on how inspections were made, the Licensing Officer advised that there were regular checks across taxi ranks across the Borough.  The Resilience and Licensing Manager added that there were now two permanent and two temporary staff carrying out scheduled weekly checks and officers also responded to complaints.

 

The Cabinet Member for Safer Families and Communities asked how the awarding of penalty points was managed?  In response, the Licensing Officer drew attention to the Regulators Code (2014) which ensured that licensing authorities acted in a manner that was proportionate, consistent, transparent and fair and advised that inspection sheets from visits were discussed within the team and the Resilience and Licensing Manager.  The Licensing Officer  added that drivers might be awarded different points for offences, dependent on their attitude and willingness to cooperate with the Authority.

 

A Member suggested that all Members should report offenders.

 

A Member highlighted the issue of taxis parking at bus stops  ...  view the full minutes text for item 624.

Updated Appendix II pdf icon PDF 68 KB

625.

Fares Consultation pdf icon PDF 68 KB

To consider the Fares Consulation.

Additional documents:

Minutes:

The Licensing Officer introduced the report which set out proposed amendments to Swale Borough Council’s taxi tariff.  She advised that there had been no increase since October 2013 and reminded Members that the tariff only applied to hackney carriage drivers, not to private hire whose fare was agreed when pre-booked but who could use also use the tariff.  

 

The Licencing Officer explained that, in response to a four week public consultation which ran from 7 March 2018 – 6 April 2018, via email, newsletters, newspaper and the SBC website, a total of nine responses were received, seven from taxi drivers who favoured an increase and one who believed it should stay the same.  One Member of the public opposed any changes.  The Licensing Officer drew attention to Appendix II on page 123 of the report, which showed a league table of tariffs and compared Swale’s position nationally, and with other Kent authorities.

 

A Member highlighted that fares had not increased for a number of years and agreed with the comment made by Respondent 4 on page 127 of the report.  He suggested that there should be a gradual increase in the fare. Another Member praised the taxi service in the area and agreed with the increase.

 

The Chairman proposed an amendment to recommendation (1) that officers proceed to drafting the consultation. The proposal was seconded. On being put to the vote, the proposal was agreed.

 

On being put to the vote, the recommendations were agreed.

 

Resolved:

 

(1)   That delegated authority be given to officers to proceed with the process to amend the current maximum scale of fares for licensed hackney carriages operating within the borough (taxi tariff).

(2)   That officers return to a future meeting of the General Licensing Committee so that Members can approve the proposals prior to formal consultation.

626.

Scrap Metal Policy pdf icon PDF 67 KB

To consider the Scrap Metal Policy.

Additional documents:

Minutes:

The Licensing Officer introduced the report which sought Members’ views on the draft Scrap Metal Policy 2018-21, prior to consultation and formal adoption.  She informed Members that whilst there was no legal requirement, a Scrap Metal Policy would give reassurance to both applicants and the public, and would assist the Environmental Response Team. 

 

The Licensing Officer drew attention to the two different types of licences that could be issued – site licences and mobile collectors’ licences – and explained that payment must be by cheque or electronic transfer.  She added that all licences were recorded both locally and on a central register maintained by the Environment Agency and all licence applicants would be required to obtain a Disclosure and Barring Service check to prove they were ‘fit and proper’.

 

A Member considered that the payment method might be unfair to those that did not have a bank account.

 

In response to a question from a Member, the Licensing Officer explained that anybody that wanted to collect metal would need a licence and would display it in their windscreen.

 

On being put to the vote, Members agreed the recommendations.

 

Resolved:

 

(1)  That the formal consultation for the draft Scrap Metal Dealers policy as attached as Appendix I in the report be agreed.

(2)  That delegated authority be given to the Resilience and Licensing Manager to make any changes to the draft policy if Members require amendments.

627.

Kent and Medway compliance and enforcement protocol pdf icon PDF 62 KB

To consider the Kent and Medway compliance and enforcement protocol.

Additional documents:

Minutes:

The Licensing Officer introduced the report which sought approval to adopt the Kent & Medway Licensing Compliance and Enforcement Protocol.  She drew attention to close partnership working with other agencies, referred to the Regulators Code 2014 and the new, shorter, more workable document.

 

On being put the vote, the recommendation was agreed.

 

Resolved:

 

(1)  That the Kent and Medway Licensing Compliance and Enforcement Protocol as attached at Appendix I to the report, as much as it applies to the activities carried out by the Licensing Team at Swale Borough Council in respect of only the relevant legislation and licences covered at any given time by this section of the Council, be adopted.