Visitors and members of the public who are unfamiliar with the building and procedures are advised that:

(a)      The fire alarm is a continuous loud ringing. In the event that a fire drill is planned during the meeting, the Chair will advise of this.

(b)      Exit routes from the chamber are located on each side of the room, one directly to a fire escape, the other to the stairs opposite the lifts.

(c)      In the event of the alarm sounding, leave the building via the nearest safe exit and gather at the assembly point on the far side of the car park. Do not leave the assembly point or re-enter the building until advised to do so. Do not use the lifts.

(d)      Anyone unable to use the stairs should make themselves known during this agenda item.

The Chair outlined the emergency evacuation procedure.

Councillors should not act or take decisions in order to gain financial or other material benefits for themselves, their families or friends.

The Chair will ask Members if they have any disclosable pecuniary interests (DPIs) or disclosable non-pecuniary interests (DNPIs) to declare in respect of items on the agenda. Members with a DPI in an item must leave the room for that item and may not participate in the debate or vote. 

Aside from disclosable interests, where a fair-minded and informed observer would think there was a real possibility that a Member might be biased or predetermined on an item, the Member should declare this and leave the room while that item is considered.

Members who are in any doubt about interests, bias or predetermination should contact the monitoring officer for advice prior to the meeting.

No interests were declared.

To approve the Minutes of the Meeting held on 18 May 2022 (Minute Nos. 39 – 40) and the Minutes of the Extraordinary Meeting held on 22 August 2022 (Minute Nos. 253 – 255) as correct records.

Tabled Update – Licensing Committee Tuesday, 4 October 2022

To approve the Minutes of the General Licensing meeting held on 15 February 2022 (Minute Nos. 590 – 596) and to accept the minutes of the Licensing Sub-Committee meetings held on:

Licensing Sub-Committee, 17 February 2022, 10 am (Minute Nos. 597 - 601)

Licensing Sub-Committee, 17 February 2022, 11.32 am (Minute Nos. 602 – 606)

Licensing Sub-Committee, 6 June 2022 10 am (Minute Nos. 41 - 46)

Licensing Sub-Committee, 25 August 2022, 10.15 am (Minute Nos. 256 – 260)  

The Minutes of the Meetings held on 18 May 2022 (Minute Nos. 39 - 40), the Extraordinary Meeting held on 22 August 2022 (Minute Nos. 253 – 255), the General Licensing Committee Meeting held on 15 February 2022 (Minute Nos. 590 – 596) were taken as read, approved and signed by the Chair as correct records.

The Minutes of the following Sub-Committees were accepted by the Chair:

Licensing Sub-Committee 17 February 2022, 10 am (Minute Nos 597 – 601)

Licensing Sub-Committee 17 February 2022, 11.32 am (Minute Nos. 602 – 606)

Licensing Sub-Committee 6 June 2022, 10 am (Minute Nos. 41 – 46)

Licensing Sub-Committee 25 August 2022, 10.15 am (Minute Nos. 256 – 260)

The Licensing Team Leader introduced the report which sought temporary delegation to the Community Safety Manager until 30 September 2023 to consider applications made under the Business and Planning Act 2020 and to grant or refuse Licences or to take any action permitted under that Act.

The Licensing Team Leader explained that temporary delegation was approved until 30 September 2021, when it was anticipated that the provisions for Pavement Licences would expire. However, Government had decided to extend the Pavement Licence legislation until 30 September 2022 and recently for another year until 30 September 2023. The Licensing Team Leader further explained that it was expected that Pavement Licences would become the permanent responsibility of local authorities but until that became new law Members were asked to grant delegation to the Community Safety Manager to consider Pavement Licence applications and to grant or refuse as necessary.

A Member asked the Licensing Team Leader if there was any policy guidance for officers to use and refer to when considering Pavement Licences?. The Licensing Team Leader explained that currently Swale Borough Council (SBC) did not have policy guidance for officers to refer to when considering Pavement Licences, but thought that it would be something that could be easily drafted and be proposed for adoption by the Committee at a future meeting. The Licensing Team Leader agreed to look at drafting some policy guidance and would bring a future report back to Committee.

The recommendations as set out in the report were proposed by Councillor Mike Whiting and seconded by Councillor Cameron Beart.

Resolved:

(1)   That delegated authority be given to the Community Safety Manager to consider applications made under the Business and Planning Act 2020 and to grant or refuse Licences or to take any action permitted under that Act, including but not limited to attaching such conditions as may be required to bring an application into conformity with the criteria.

(2)   That temporary delegation remained in place until the provisions relating to Pavement Licences under the Business and Planning Act 2020 ceased to have effect.

The Licensing Team Leader introduced the report which asked the committee to consider whether the Council should increase the taxi tariff in the Borough and if there should be an introduction of a ‘Sunday’ rate. She pointed Members to paragraph 5.8 of the report which set out the different fare options available for the taxi tariff.

The Chair invited Members to make comments, which included:

·           Concerned that if fares were too high, members of the public would avoid using the taxi companies;

·           the Sunday rate was not suitable for a number of reasons;

·           felt that the taxi tariff should be increased to reflect the National Rail increases;

·           could the Licensing Team Leader review whether historically time and a half had been charged for journeys commenced between midnight and 6 am?;and

·           could the taxi tariff rise be based on the national train fare average?.

Councillor Cameron Beart proposed recommendation one in the report, with the increase being option 5 in section 5.8 of the report. This was seconded by Councillor Mike Whiting.

Councillor Mike Whiting proposed recommendation two in the report, with the increase being linked to the Annual National Rail increases. This was seconded by Councillor Alastair Gould.

Councillor Cameron Beart proposed that there be no ‘Sunday’ rate added to the taxi tariff, and this was seconded by Councillor Paul Stephen.

Resolved:

(1)   Agreed that the Taxi Tariff be increased to option 5 of the report.

(2)   Agreed that there should be an automatic annual increase to the taxi tariff and that the increase should be based upon the National Rail fares, subject to a statutory consultation.

(3)   Agreed that there should be no ‘Sunday’ rate for the taxi tariff.

The Licensing Team Leader introduced the report which contained consultation responses on the draft ‘Statement of Hackney Carriage and Private Hire Licensing Policy’ and officers recommendations on the amendments to the draft policy statement.

The Licensing Team Leader pointed Members to the draft policy shown in Appendix I of the report and the summary of proposed changes that had been incorporated into the policy shown at Appendix II of the report.

The Licensing Team Leader explained that one major change to the policy that would affect the trade was the climate emergency and the taxi fleet as there were major concerns within the trade that the appropriate infrastructure needed in Swale for electric vehicles was currently not present. She added that it was the view of officers that the date of implementation of electric vehicle requirement be put back until 1 April 2027, subject to an interim review of the taxi policy in 2024.

The Licensing Team Leader added that comments had been received from the taxi trade relating to the Street Knowledge Test and that there were proposed changes for applicants sitting the test and they would not be required to have Borough-wide knowledge of the routes, but only be required to know the routes specific to the area in which the applicant wished to work.

Mr Trison Aspin, Taxi operator of Sittingbourne Cabs, spoke on the Taxi policy.

Mr Mark Richard, Taxi operator of Sittingbourne Cabs, spoke on the Taxi policy.

The Chair invited Members to make comments, which included:

-        There had been a number of ‘world events’ since the last Committee meeting in February 2022, and the effect it had on taxi operators supply of vehicles;

-        electric vehicle charging points in the Borough were not good enough;

-        some areas of the Borough did not have charging points so it would be impracticable for Taxi drivers to drive in those areas, if they had an electric vehicle;

-        could we still review this policy if we decided to put the vehicle requirement back by two years?

-        older vehicles were being phased out by the Government;

-        thought that changes to the Street Knowledge Test were needed as Swale was a large Borough and it was unreasonable to expect drivers to know all the streets in the Borough; and

-        would prefer to keep the minimum driving age at 21 but accepted that lowering the age Could encourage more taxi drivers in the Borough.

The Licensing Team Leader responded to some of the comments made and confirmed that if the Committee decided that they wished to push the electric vehicle requirement back they would be able to review the policy in 2024. She added that the taxi vehicle life was 10 years, but often found that operators replaced vehicles after 7-8 years so considered delaying the rollout of electric vehicles would not be affected by the Government’s plans to phase out older vehicles.

Councillor Mike Whiting proposed recommendation one with alternative option at 5.1(d) with  ...  view the full minutes text for item 358.