Agenda and minutes

No substitutions were declared.

It was announced that Councillor Margaret Marks had replaced Councillor Sarah Stamp as a Member of the Committee. Errata on the membership list on the agenda paper were also corrected as Councillor Sara Mildmay-White’s name had been omitted as a Member of the Committee and Councillor Anthony Williams should have been listed as a UKIP Group Member.

It was proposed, seconded and

                                   RESOLVED :  That Councillor Frank Warby be      

                                                       elected Chairman of the Committee.

No apologies for absence were received.

It was proposed, seconded and

                                   RESOLVED : That Councillor Clive Springett be

                                                      appointed Vice-Chairman of the

                                                      Committee.

To confirm the minutes of the meeting held on 17 May 2016  (copy attached).

The minutes of the meeting held 17 May 2016 were confirmed as a correct record and signed by the Chairman.

Members of the public who live or work in the Borough are invited to put one question or statement of not more than 3 minutes duration relating to items in Part 1 of the agenda only. If a question is asked and answered within 3 minutes the person who asked the question may ask a supplementary question that arises from the reply. A person wishing to speak must register to speak at least 15 minutes before the time the meeting is scheduled to start. There is an overall time limit of 15 minutes for public speaking which may be extended at the Chairman’s discretion.

The following persons addressed the Committee during this session in relation to the agenda item on Training for Hackney Carriage and Private Hire Vehicle Drivers :

Paul Freemantle and Lee Howard of Star Cabs Ltd.

Both speakers expressed objections to the proposal which would make it necessary for first time applicants and existing licence holders to obtain a  Business & Technology Council (BTEC) Level 2 qualification as a prerequisite for the grant of a new licence or the renewal of an existing one. Reference was made to the cost involved in obtaining the qualification which would have to be borne by applicants and which would be additional to other fees payable by them, e.g. for medical certificates. It was suggested that some drivers who were part-time and new applicants might be deterred by the increased cost which would be involved which could lead to staff shortages and difficulties in covering services e.g. school transport and hospital visitor trips. The value of the qualification and the need for training was questioned it being pointed out that many drivers were long serving employees and experienced drivers who had carried out their jobs  professionally without complaints from customers and that to convey passengers in a courteous, correct and safe way was all that was required of the job.  Since these requirements were matters of common sense and good practice a doubt was expressed that they could be achieved by the introduction of the formal training proposed. A situation was also referred to that no other local authority in the region had adopted the requirement that the qualification be obtained and only a small minority had done so nationally. No evidence had been produced for this meeting that the qualification improved standards. A question was raised as to what arrangements would be in place if a driver was unable to obtain the qualification. The Chairman advised that the points being raised during this session would be responded to when the item was being discussed by the Committee.

18  licensed drivers were present in the public gallery for this session and the next item.

(The Chairman with the agreement of the Committee varied the order of business on the agenda so that item 8, Training of Hackney Carriage and

Private Hire Vehicle Drivers, was considered before Item 7.)

Report   LIC/SE/16/005

(Councillor Peter Thompson declared a pecuniary interest in the following item as he was employed by a company which supplied the motor trade which could include taxi firms. He remained in the meeting but took no part in the discussion or voting thereon.)

The Committee considered Report LIC/SE/16/005 (previously circulated)

which presented the results of public consultation on whether a  requirement for Hackney Carriage and Private Hire Vehicle drivers to obtain a Business and Technology Education  Council (BTEC) Level 2 qualification should be implemented. As the proposal would be a change policy final approval of it would be by Full Council via Cabinet.

The report drew attention to the provisions of the Local Government (Miscellaneous Provisions) Act 1976 which placed a duty upon the Council as the Licensing Authority to ensure that an applicant for a driver’s licence was a ‘fit and proper’ person to hold such a licence and that existing drivers acted in a way as to satisfy the Council that they continued to be ‘fit and proper’ to hold a licence. Listed in paragraph 1.4 of the report were the existing requirements of the Council’s ‘fit and proper person’ test. Whilst there were many extremely competent and professional drivers in West Suffolk there was statistical and anecdotal evidence to support the need for improved standards and knowledge. Officers were having to investigate a greater number of complaints about the conduct

of some drivers. The Department of Transport in a publication ‘Taxi and Private Hire Vehicle Licensing: Best Practice Guidance’ March 2010 had endorsed the introduction of qualifications in licensing authority regimes. Appendix 1 of the report listed other local authorities nationally that had introduced a requirement for formally recognised qualifications or in house tests as a prerequisite to the grant of a licence. When considering this matter at its meeting on 17 May 2016 the Committee had accepted that

the appropriate form for the qualification would be based on  BTEC Level 2. The proposed syllabus for this qualification was contained as Appendix 2.

External consultation with the taxi trade and the general public, as users, had been carried out on the proposal over July and August 2016. 26 out of a potential 600 registered drivers across West Suffolk  and 78 members of the public completed  respective surveys. A summary of the responses was included as Appendix 3. Generally, from the responses received it was apparent that drivers disagreed with the proposal that the BTEC qualification should apply to existing drivers because of concerns about their livelihoods whereas the indications from customers were  overwhelmingly supportive of such a requirement.

Officers responded to points and questions raised earlier during the public participation session. They  advised  that West Suffolk College held statistics about the  percentage pass rate for the BTEC course and that a further report about the nature and extent of complaints about taxi drivers could be provided if the Committee so wished. Officers further advised that the fee for the BTEC course, which would be provided by  ...  view the full minutes text for item 43.

Report    LIC/SE/16/004

(At a point during the debate on the following item when it became apparent that the Committee was about to discuss the relevance of planning issues relating to the future development of Gt. Barton and North-East Bury St. Edmunds to the matter under consideration, Councillor Sarah Broughton declared a pecuniary interest because of ownership of an area of land which was subject to such potential development. She withdrew from the meeting at this juncture and returned when this aspect of the debate had ended. )

The Committee considered Report LIC/SE/16/004 (previous circulated) which informed Members about work undertaken during 2014/2015 to meet Local Air Quality Regulations across the Borough and had attached as  Appendix 1 the St Edmundsbury 2016 Air Quality Annual Status Report. Report LIC/SE/16/004, consequent upon a review undertaken by Officers, outlined changes in approach which would be adopted and specifically as far this Committee was concerned sought approval to external consultation being carried out in relation to the proposal to declare an Air Quality Management Area in Great Barton. Under the terms of the Council’s Constitution responsibility for the discharge of functions relating to the control of pollution or the management of air quality was placed with this Committee. The report along with the proposal relating to re-introduce an Air Quality Management Area for Great Barton had been also considered by the Council’s Sustainable Development Working Party  at its meeting on 6 October 2016. It had recommended to this Committee that consultation be commenced with a view to the proposal being implemented with a suggestion that the automated pedestrian crossing in The Street (A143) be re-located as this was often the cause of traffic tail backs the emissions from which were  a factor affecting air quality.

The Committee in discussing the proposal acknowledged that the air quality problem and promised action to ameliorate it were both longstanding and the latter had a history over the last 20 years or so. In addition to traffic tail back problems caused by the pedestrian crossing, the location of the village’s Post Office, also on the A143, and the on-street parking associated with it was a factor restricting traffic flows. There were other matters which aggravated the situation e.g. the lack of an alternative route for traffic, the tall trees alongside the A143 which created a tunnel effect and the proximity of dwellings to the roadside.

Members recalled that the previous declaration of an Air Quality Management Area in 2009 had not subsequently resulted in any positive action to improve the situation.

In responding Officers acknowledged that little progress had been made following the previous designation of an Air Quality Management Area. There was a requirement with such designations to produce an Action Plan which would contain remedial measures to secure improvements. There could be difficulties, however, in situations of two tier local government where responsibilities for implementation of an Action Plan were subject to separate allocation. This situation was now changed  as new guidance had been issued in April  ...  view the full minutes text for item 44.

To confirm the minutes of the meetings of the Licensing and Regulatory Committee held :

(a)    9 May 2016  (attached);

(b)    1 June 2016 (attached),

(c)    11 July 2016 (attached);  and 

(d)   23 August 2016  (attached)

The minutes of the meetings of the Licensing and Regulatory Sub-Committee held 9 May 2016, 1 June 2016, 11 July 2016 and 23 August 2016 (all previously circulated) were confirmed as a correct record and signed by the Chairman.

RESOLVED :

                   That under Section 100 (A) of the Local Government Act

                   1972 the public be excluded from the meeting for the

                   following item of business on the grounds that it involves

                   the likely disclosure of exempt information as defined in

                   Paragraph 1 of Part 1 of Schedule 12 (A) of the Act.

To confirm the Exempt Minutes of the meeting of the Licensing and Regulatory Sub-Committee held 9 May 2016 (attached)

The exempt minutes of the Licensing and Regulatory Sub-Committee held 9 May 2016 (previously circulated) were confirmed as a correct record and

signed by the Chairman.