Meeting documents

Licensing and Appeals Committee
Tuesday, 21st September, 2010 7.30 pm

Place:
Civic Suite, Gibson Building, Kings Hill, West Malling
ItemDescriptionResolution
PART 1 - PUBLIC
LA 10/040 Declarations of interest.
There were no declarations of interest made.
LA 10/041 Minutes
RESOLVED: That the Minutes of the meeting of the Licensing and Appeals Committee held on 7 June 2010 be approved as a correct record and signed by the Chairman.
LA 10/042 Minutes
RESOLVED: That the Minutes of the meetings of the Licensing and Appeals Committee, sitting as a Panel, held on 7 June and 15 July 2010 be approved as correct records and signed by the Chairman.
MATTERS FOR RECOMMENDATION TO THE COUNCIL
LA 10/043 Licensing Act 2003: Review of Statement of Licensing Policy
The report of the Central Services Director recommended the adoption of a revised Statement of Licensing Policy. It was confirmed that no comments or representations had been received following consultation and the publication of the draft policy on the Council's website.

RECOMMENDED: That the Council endorse the adoption of the Statement of Licensing Policy.


*Referred to Council
LA 10/044 Taxi and Private Hire Policy
The Central Services Director reported that the wide consultation on the draft Taxi and Private Hire Policy had received no representations, despite concerns raised at two 'Trade' meetings in July where the draft policy was discussed. It was noted that the majority of concerns raised at the 'trade' meetings related to the cost and frequency of future MOT and compliance testing. These concerns would be addressed at a future meeting of the Licensing and Appeals Committee.

RECOMMENDED: That the adoption of the Taxi and Private Hire Policy be endorsed.


*Referred to Council
DECISIONS TAKEN UNDER DELEGATED POWERS IN ACCORDANCE WITH PARAGRAPH 3 (OR 2), PART 3 OF THE CONSTITUTION
LA 10/045 Proposed Increase in Table of Maximum Hackney Carriage Fares
The report of the Central Services Director set out a proposal to review the tariff of maximum fares for hackney carriages. Information detailing the tariffs of other Kent authorities was provided for comparison. It was noted that although most authorities had reviewed their tariffs, only Maidstone and Gravesham Borough Councils had actually increased their fares since December 2008. The comparisons also highlighted that charges in Tonbridge and Malling remained relatively cheap and the Borough Council was the only authority not operating a time and distance approach.

Members complimented Officers on the quality of the report, acknowledging that it set out some well researched options for consideration.

Particular reference was made to the complex process of setting a fare increase and the balance needed between the legitimate aims of the taxi trade to maintain profitability in the face of increasing costs and protecting the public from excessive fares. Members expressed concern about the introduction of the 'time and distance' option as the public would not be presented with a consistency of fares and it was considered important to represent the interests of fare paying users as well as members of the trade.

The Committee favoured a small percentage increase at regular intervals option as it was fair to both drivers and the public and still offered reasonable prices for users. It was suggested that the comparison table showing the percentage increase on current fares in future reports include the average tariffs from neighbouring authorities.

Concern was expressed that some taxi drivers were allegedly imposing time and distance illegally and discussion followed on how this issue could be addressed. Measures suggested included an article in 'Here and Now' asking residents to report any such incidents and a press release in the local media outlining the terms and conditions, regulations and differences surrounding private hire and hackney carriages.

RESOLVED: That: -

(1) a policy that hackney carriage fares are reviewed annually be endorsed; and

(2) a 3 percent increase to fares, as set out in the report, be imposed with effect from 1 November 2010, to allow for consultation via public notice.

MATTERS SUBMITTED FOR INFORMATION
LA 10/046 Home Office Reforms to the Licensing Act 2003
The Central Services Director referred to the recent Home Office consultation on proposed changes to the Licensing Act 2003. The proposed changes and the Kent Joint Response were outlined in Annexes 1 and 2 to the report. Additional comments from Tonbridge and Malling Borough Council, made in consultation with the Management Team, the Leader of the Council and the Chairman of the Licensing and Appeals Committee were shown in Annex 3.

RESOLVED: That the report be received and noted.
MATTERS FOR CONSIDERATION IN PRIVATE
LA 10/047 Exclusion of Press and Public
No items were considered in private.
The meeting ended at 2000 hours

Attendance Details

Present:
Cllr A W Allison (Vice-Chairman), Cllr J A L Balcombe, Cllr O C Baldock, Cllr J R H Clements, Cllr Mrs M F Heslop, Cllr Mrs E M Holland, Cllr Mrs F A Kemp, Cllr T J Robins, Cllr A G Sayer and Cllr L A Withey.
In attendance:
Councillors Mrs Anderson, N Heslop and Worrall were also present pursuant to Council Procedure Rule No. 15.21

Apologies for absence were received from Councillors Miss Sergison (Chairman), Mrs English, Mrs Luck and Ms Spence.