Agenda and minutes

To sign as a correct record the minutes of the meeting held on 1 Februrary 2022 (copy enclosed).

Consideration was given to the minutes of the meeting held on 1 February 2023.

AGREED:

That the minutes of the meeting be signed as a correct record.

Where a Councillor has a Disclosable Pecuniary Interest the Councillor must declare the interest to the meeting and leave the room without participating in any discussion or making a statement on the item, except where a Councillor is permitted to remain as a result of a grant of dispensation.

There were none.

To review the Council’s Policy Statement for Sex Establishments established under the Local Government (Miscellaneous Provisions) Act 1982 (As amended by Section 27 of the Policing and Crime Act 2009)(report of the Assistant Director - Regulatory enclosed).

Consideration was given to the report of the Assistant Director – Regulatory which sought approval of the Sex Establishments and Sexual Entertainment Venues Policy as required under the Local Government (Miscellaneous Provisions) Act 1982 (As amended by Section 27 of the Policing and Crime Act 2009).

The Head of Public Protection introduced the policy, and highlighted the following points:

• The Council were not required by law to have a consultation on the policy if only minor amendments were required and the policy was on a 5-year review cycle.
• There were no recommended changes to the Policy and the only update made were population figures.
• Currently there were no licensed premises under this policy within the District.
• There was a strict application process for this type of licence and any applications would go before a Panel hearing before being granted.
• If Members were inclined to make any major changes to the policy, it would be recommended to send the policy out for consultation.

Members made the following comments:

• Support the policy as written, with no changes.
• Where did the policy sit in comparison with East Lindsey and Boston policies?
  • The policies were very similar at all 3 authorities as they were based in legislation. There were not any licensed premises within the partnership area.
• What sort of training was undertaken by staff at these premises?
  • Training was not defined anywhere but it would likely include safeguarding and first aid.
• Would any concerns around fake IDs be reported to the Police?
  • The Police were statutory consultees for any applications so they would suggest conditions for a licence.
• Were health checks part of the licence conditions?
  • These were not a licensing consideration.
• The opening hours within Section 10 of the policy didn’t seem to be well worded.
  • Premises could only be open to the public at the times listed within their licence conditions.

AGREED:

That the Sex Establishments and Sexual Entertainment Venues Policy be approved.

To consider the draft taxi licensing policy prior to it being published for consultation (report of the Assistant Director – Regulatory enclosed).

Consideration was given to the report of the Assistant Director – Regulatory which asked the Committee to consider the draft taxi licensing policy prior to it being published for consultation.

The Head of Public Protection introduced the draft policy and highlighted the following points:

• It was not a statutory requirement to have a policy, but the current policy was out of date.
• The key differences were:
  • Changes in legislation
  • Safeguarding and training requirements
  • Department for Transport’s National Standards, introduced two years ago, were now the statutory framework to build from.

The following parts of the policy had been updated:

• CCTV - Recommended best practice for vehicles be given as advice within the policy but having CCTV in vehicles was not mandatory.
• Vehicle Testing – a compliance test must have been carried out at an approved garage no more than 2 months before an application was submitted.
• Fit and Proper person definition – this had been lifted from the National Standards and could be referred to at future hearings.
• English Language – this section had been taken from the National Standards. The policy included suggested acceptable qualifications to show proficiency with the option to sit a test if they don’t meet the criteria.
• Cautions, convictions and related matters – this section had been updated to state that drivers must notify the council of any warnings, cautions or convictions received within 48 hours, in line with national standards.
• DBS Service – it was compulsory for drivers to subscribe to the DBS update services as per National standards.
• Renewal of Drivers Licences – There were now different requirements for renewal licences and new licences regarding tax checks.
• Immediate suspension/revocation in interests of public safety had been adopted as a policy a few years ago but had now been written into the formal policy.
• Operators – there was now a new requirement for an annual DBS check for operators on a 5-year renewal cycle.
• Booking and Dispatch Staff – more stringent requirements for staff to have a basic DBS check and for operators to have a policy on employing ex-offenders.
• Appendix A – it was recommended that the maximum vehicle age for wheelchair accessible vehicles for renewal be changed from 10 years to 12 years but still subject to an annual condition compliance certificate. Exceptional condition criteria were included within the policy for any departures from the formal age policy for vehicles. No particular detail was given for electric and low emission vehicles as government advice was expected to come forwards on this issue.
• Appendix B – there was a suggested reduction from 75% to 60% for visibility of rear windows on vehicles.
• Appendix E – the national standards had introduced more onerous conditions for details when recording private hire bookings. Additional conditions had been included from the national standards for operators in relation to DBS checks, Booking and Dispatch staff and policies on employing ex-offenders.
• Appendix G – formal convictions policy, previously adopted but now included in the formal taxi policy.
• Appendix J  ...  view the full minutes text for item 15.

There were none.