Agenda and minutes

Apologies for absence were received from Councillors Sarah Broughton, Terry Buckle, Bob Cockle, Wayne Hailstone, Beccy Hopfensperger, Clive Springett and Sarah Stamp.

The following substitution was announced :

Councillor Patsy Warby for Councillor Sarah Stamp.

To confirm the minutes of the meeting held on 2 February 2016  (copy attached).

The minutes of the meeting held 2 February 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.

There were no members of the public present.

To confirm the minutes of the meeting of the Licensing & Regulatory Sub-Committee held 19 April 2016 (attached)

The minutes of the meeting of the Licensing and Regulatory Sub-Committee held 19 April 2016 were confirmed as a correct record and signed by the Chairman.

Report     LIC/SE/16/002

The Committee considered Report LIC/SE/16/002 (previously circulated) which sought approval to the introduction under the Hypnotism Act 1952 of conditions to be attached to Public Entertainment Licences in respect of stage hypnotism performances. The proposed conditions were attached as Appendix 1 to the report. Home Office Guidance to Licensing Authorities on the application of the provisions of the Hypnotism Act 1952 was attached as Appendix 2.

The report informed the Committee that  an enquiry from a stage hypnotist to conduct a live performance in West Suffolk Officers had identified that, at present, neither St Edmundsbury  BC or Forest Heath DC had an adopted set of model conditions. Standard conditions had been applied to Public Entertainment Licences prior to the Licensing Act 2003. However, as a display of public hypnotism was not a regulated activity under that Act this means of control had been removed.

The Hypnotism Act 1952 ,as amended, empowered licensing authorities to attach conditions to Public Entertainment  Licences to regulate or prohibit the giving of an exhibition, demonstration or performance of hypnotism.

The Act made it a criminal offence for hypnotism to be conducted for public entertainment unless authorised by the licensing authority. It  also

imposed a restriction on anyone under the age of 18 being hypnotised. It was open to the licensing authority to attach such conditions as it thought fit when authorising a display of hypnotism. The proposed conditions listed in Appendix 1 followed the model scheme contained in Guidance issued by the Home Office and included  a requirement  that authorised Officers were to be admitted to the premises where hypnotism was to be conducted to allow for inspection. The report acknowledged that the licensing authority had a duty to safeguard and protect the general public but that this should be balanced to allow reputable hypnotists to carry out performances with due regard to the guidance available.

RESOLVED -  That :

                    (1) the conditions attached as Appendix 1 to Report

                     LIC/SE/16/002 be adopted and applied to licences

                     granted under the Hypnotism Act 1952; and

                    (2) delegated authority be given to the Licensing Manager,

                     or equivalent Officer, to determine any future applications

                     under the Hypnotism Act 1952 and to authorise any

                     proceedings under the Act.

Report    LIC/SE/16/003

The Committee considered Report LIC/SE/16/003 (previously circulated) which sought approval of a proposal that consultation be carried out in respect of a  training requirement for all taxi drivers that they complete the Business & Technology Education Council (BTEC) Level 2 Certificate: Introduction to the Role of the Professional Taxi and Private Hire Driver.

A prospectus of a proposed training course towards this qualification offered by a third party was attached as an Exempt Appendix to the report and  was received and noted  but not discussed by the Committee.

The report drew attention to the guidance to Councillors issued by the Local Government Association in respect of Taxi and Private Hire Vehicle (PHV) Licensing  to the effect that Members had a responsibility for ensuring that the public travelled safely and received a good level of service and that Council vetting systems ensured that only good, reputable drivers were attracted.

Reference was made in the report that there had been recent examples nationally of taxi operators and drivers being involved in the sexual exploitation of children and that elderly and disabled users relied heavily on the door to door services taxis and PHV’s provided. It was essential therefore that  responsibilities were taken seriously when determining whether applicants were ‘fit and proper persons’ to hold or continue to have a licence.

The Council’s ‘fit and proper person’ test currently included :

(a)  Criminal records check via the Disclosure and Barring Service (DBS);

(b)  Driving history check via the Driver and Vehicle Licensing Authority

      (DVLA);

(c)  Medical check supplied by the applicant’s own General Practitioner;

      and

(d)  Successful completion of the Driving Standards Agency (DSA);  

      assessment; or the Institute of Advanced Motorists (IAM) advanced

      driver test; or the Royal Society for the Prevention of Accidents

      (RoSPA) advanced driver test.

The report advised the Committee that recently there had been an increase in complaints about the conduct of drivers. The Chairman referred to a recent case heard by the Sub-Committee which had resulted

in the revocation of a driver’s licence for a series of incidents of misconduct. This  had highlighted a need to improve the knowledge, training and skills of licensed drivers and new applicants and that the current prerequisites to granting a licence were inadequate. Many licensing authorities were now requiring drivers to obtain a qualification and this had been endorsed by the Department of Transport.

A proposed syllabus for the course leading to the qualification was set out in paragraph 1.11 of the report. It was possible for  the course to be available over 3 days (Saturdays) or  over 6 evenings. Applicants and existing drivers would be expected to bear the cost involved although the possibility of Government funding for certain cases was being investigated

A more detailed report on how the scheme could operate would be submitted to the Committee following the consultation exercise.

In response to Members’ questions Officers advised as follows :

(i)  an applicant or existing driver who had gained the qualification elsewhere in the UK  ...  view the full minutes text for item 35.