Agenda and minutes

The Chairman welcomed Mr Tim Leslie of Standards for England, who was attending the meeting in order to observe local government in action.

To provide an opportunity for Members and Officers to declare any personal and/or prejudicial interests in any item on the agenda

Councillor Rhoda Bailey declared that she had received correspondence in relation to agenda item 6 (Private Hire Vehicle Condition 1.4).

In accordance with Procedure Rules Nos.11 and 35 a total period of 10 minutes is allocated for members of the public to address the Committee on any matter relevant to the work of the Committee.

Individual members of the public may speak for up to 5 minutes but the Chairman will decide how the period of time allocated for public speaking will be apportioned where there are a number of speakers.

Note: In order for officers to undertake any background research it would be helpful if questions were submitted at least one working day before the meeting.

There were no questions from members of the public.

To approve the minutes of the meeting held on 20 July 2009.

RESOLVED – That the minutes of the meeting held on 20 July 2009 be approved as a correct record.

To receive the minutes of the Licensing Sub-Committee meetings held on 6 August 2009 (9.30am), 6 August 2009 (11.30am), 27 August 2009, 10 September 2009 and 16 September 2009.

RESOLVED – That the minutes of the Licensing Sub Committee meetings held on 6 August 2009 (9.30am), 6 August 2009 (11.30am), 27 August 2009, 10 September 2009 and 16 September 2009 be approved as correct records.

To consider a proposed amendment to condition 1.4 of the Council’s private hire vehicle conditions.

The Committee considered a report regardingcondition 1.4 of the Council’s private hire vehicle conditions.

At its meeting on 13 March 2009, the Licensing Committee had approved licence conditions in relation to private hire vehicles for implementation from 1 April 2009.  The Committee had also resolved that a further consultation exercise be undertaken with the holders of private hire vehicle licences on a proposal to amend the wording of condition 1.4.  During the consultation period, four responses had been received.

Although the original purpose of the proposed amendment had been to more effectively limit the size of private hire vehicles which may be licensed, committee members were of the opinion that it would also improve passengers’ chances of escaping from vehicles in the case of accident or emergency.

RESOLVED – That condition 1.4 of the Council’s private hire vehicle conditions for initial licence applications be amended to read as follows:

“It shall have a minimum of four doors of which either (a) in circumstances where the rear door of the vehicle is not a ‘split door,’ two doors shall be on the near side and two on the offside or (b) in circumstances where the rear door of the vehicle is a ‘split door,’ at least three doors shall be fitted to a side of the vehicle. All the doors must be capable of use by persons for both access and egress and of being opened from both the inside and the outside. If the vehicle is fitted with an electronic locking system it must be capable of being overridden to enable the doors to be opened manually.”

To consider the proposed policy on ‘exempt plating’ of private hire vehicles and drivers

The Committee considered a report regarding the proposed policy on ‘exempt plating’ of private hire vehicles and drivers within Cheshire East Borough.

At its meeting on 20 July 2009, the Licensing Committee had approved the draft policy on ‘exempt plating’ in order that it may be subject to consultation with the trade.  No responses were received during the consultation period.

RESOLVED

(a)   That the proposed policy on ‘exempt plating’ of private hire vehicles and drivers be approved.

(b) That the power to determine applications for ‘exempt plating’ in line with the Council’s policy be delegated to the Licensing Manager.  This delegation shall be subject to the provisio that the Licensing Manager shall have the discretion to refer such applications to the Licensing Sub-Committee for determination.

To consider a proposal in relation to the designation of the A556 as ‘prohibited’ for the purposes of street trading.

The Committee considered a report regarding the proposal to designate the A556 as ‘prohibited’ for the purposes of street trading.

At its meeting on 20 July 2009, the Licensing Committee had approved the publication of a notice of intention in relation to the proposed designation of the A556, and adjoining streets for a distance of 50 metres, as prohibited streets for the purposes of street trading.

A notice had subsequently been placed in the Knutsford Guardian and consultation letters had been sent to the Cheshire Constabulary, the Highways Agency and the Highways Department of the Council.  The Highways Agency had submitted a response supporting the proposal on the grounds of highway safety, and one representation objecting to the proposal had been received from a member of the public.

RESOLVED

(a) That, in accordance with Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982, the A556 (to its extent within the Borough), together with any adjoining streets for a distance of 50 metres, be designated as prohibited streets for the purposes of street trading, with effect from 23 November 2009.

(b) That the Borough Solicitor, or officer acting on his behalf, be authorised to publish the required notices of the resolution in (a) above.