Agenda item
Updates on the work of the Public Protection Service
Minutes:
The Committee received an update on the work
of the Council’s Public Protection and Environmental Health
Services (PPS) where there was a connection with businesses and
persons who required a licence from the Council. It also provided
an update for Members on national policy changes and proposals
affecting licencing work.
Work of the General Licensing Sub-Committees
In the last quarter the General Licensing Sub-Committee had met 5 times. The Sub-committee had considered the following:
- 2 applications for new street trading consents
- 5 applications for new driver licences
- 3 driver licence reviews
As a result the Sub-Committees refused to grant 5 applications, revoked 3 existing licences and granted 2 licences.
Magistrates Appeals
Since the last Licensing Committee, 2 appeals against the decisions of General Licensing Sub-Committees to revoke private hire vehicle driver licences had been concluded. In both cases the Magistrates Court agreed with the decision made by the Licensing Sub-Committee and dismissed the appeals
It was noted that 2 further appeals have been
lodged with the Courts and were listed for hearings over the
summer.
Work of the Licensing Act Sub-Committees
The Licensing Act Sub Committee had met once in the last quarter to consider a review of the premises licence in respect of a retail store trading as Smak Polski.
After hearing the application from Blackburn with Darwen Trading Standards and the oral representations made by the licence holder, the Committee decided that it was appropriate to revoke the Premises Licence.
The Sub Committee was satisfied that the
licence holders conviction in respect of illicit goods being stored
and sold on the premises, together with the discovery of a
significant amount on non-duty paid alcohol on the premises,
seriously undermined the licensing objective ‘prevention of
crime and disorder’.
Routine work carried out
Figures were provided on some of the key work carried out from 1 April 2022 to 30 June 2022.
Online application facility
The Licensing service had been working closely with the digital transformation team to develop a seamless online application process for drivers and vehicle proprietors. When finalised, it was anticipated that this could be further rolled out to Private Hire Operator applications.
Once this project is completed, applicants for
driver licences would no longer need to attend the Town Hall as
they would be able to submit their application using the
Council’s Digital Customer Portal and upload all of the
supporting documentation and proofs for their applications
electronically.
Blackburn with Darwen Taxi Forum meeting
At July’s Taxi Forum meeting an update had been given in relation to Police information. The MOT testing of Hackney Carriages and private hire vehicles were discussed and an update was provided to the attendees on the revised Convictions policy and the on-line application project.
However it was noted that the attendance from the trade at the forum was very poor. The Director of Place, Martin Eden had recommended that the forums continue for 3 years, prior this period a review would take place.
|
New Legislation
Taxis and Private Hire Vehicles (Safeguarding and Road Safety) Act 2022
From 31 May 2022, Section 5 of this Act created a legal duty on Licensing Authorities to report relevant concerns about drivers licensed by other authorities to their issuing authority within 10 working days.
The concerns about the driver in question must relate that person’s conduct in the first authority’s area and be such that if it was a Blackburn with Darwen licensed driver, the Local Authority would consider suspending or revoking the licence.
The Local Authority would then have 20 working days to consider whether or not to revoke or suspend the licence in reliance on this information and any other information they may also hold and inform the first authority in writing, whether or not it has suspended or revoked, or intends to suspend or revoke, the person’s driver’s licence, and the reasons for that action or intended action.
Section 2 of the Act would make it mandatory for Licensing Authorities to upload details of all refusals, suspensions and revocations of driver licences to a National database within 5 days of informing the driver of the decision and to search the database before granting any new or renewal licence applications.
The Members were informed that Licensing Authority were anticipating this would be the NR3 register. NR3 had been developed by the National Anti-Fraud Network and membership and use of the register was voluntary at the moment. Blackburn with Darwen are members and currently check new applicants against the register and upload details of individuals who have had applications refused or licences revoked.
Taxis and Private Hire Vehicles (Disabled Persons) Act 2022 This amended the Equality Act 2010 on 28 June 2022, would place duties on taxi drivers and PHV drivers and operators, to give disabled people specific rights and protections to be transported and receive assistance when using a taxi or PHV without being charged extra.
It was noted that Taxi and PHV drivers could
also face fines of up to £1,000 if they fail to provide
reasonable mobility assistance to disabled passengers taking a
pre-booked vehicle. A duty had also been placed on the local authority to publish a list of wheelchair-accessible vehicles in the fleet.
Resolved – That the update was noted |
Supporting documents:
PDF 83 KB