The Quroum for this meeting is 4.

Apologies were received from Councillors Brundin (Councillor Brett to substitute), Van Coulter and Williams.

In the absence of Councillor Brundin (Chair), Councillor Cook (Vice Chair) chaired the meeting.

Councillors serving on the Committee are asked to declare any personal or prejudicial interests they may have in any of the following agenda items.

None made.

Councillor Royce will introduce this item and speak to it.

Councillor Royce asked for this item to be included on the agenda.  She explained to the Committee that she wanted to ensure that women’s views were represented at bodies such as the Hackney Carriage and Private Hire Licensing Sub Committee. Women were the main users of taxis in Oxford, and therefore it was important for female views to be represented.  There should be at least one woman on any panel at all times.

Councillor Cook pointed out that nominations to the various Committees were made by the political groups, and that it would be best to take up this issue via those groups. Daniel Smith (Legal) added that the Hackney Carriage sub committee had to be politically balanced. Substitutions were permitted, but they had to be by someone from the “parent “committee, and from the same political party as the member being substituted.

Resolved that this issue should be taken forwards via the political groups.

The Head of Environmental Development has submitted a report which informs the Committee of the progress made by the Taxi Licensing function between January 2011 and March 2011 and for the whole of the Council Year 2010/11.

The Committee is asked:

(a)                           To note the contents of the report;

(b)                           To make comments and recommendations regarding the future work of the Taxi Licensing function.

The Head of Environmental Development submitted a report (previously circulated, now appended), concerning taxi licensing activity between January and March 2011.  Julian Alison (Licensing Team Leader) presented the report to the Committee, explained the background and answered questions. He explained that the onus was on applicants to prove that they were a “fit and proper” person to hold a licence, and that they met the criteria required by the Council. Each application was carefully processed. Criminal Records Bureau (CRB) checks would pick up anything that had been omitted from the form. However, the Committee felt that it was important for applicants without any convictions to state this fact on their application form, not simply leave the boxes blank.

Resolved:-

(1)   To note the contents of the report;

(2)   To note all comments made.

The Head of Environmental Development has submitted a report which provides the Committee with an update with regard to the request to licence horse drawn carriages as an omnibus, and the intended licence fee to be charged.

The Committee is asked:

(a)                           To note the progress made with Oxfordshire County Council with regard to the proposed Horse Drawn Carriage Scheme;

(b)                           To approve the level of fee determined to be reasonable for the guide, driver and proprietor of a Horse Drawn Carriage;

(c)                           To recommend Council to make the approved Byelaws;

(d)                           To authorise the Head of Environmental Development and the Head of Law and Governance to carry out the statutory advertisement of the Byelaws.

The Head of Environmental Development submitted a report (previously circulated, now appended) concerning a request to licence a horse drawn carriage as an omnibus.  The applicant, Mr Kevin Merry, attended the meeting and answered questions from the Committee. He explained the proposed route through Oxford and plans to clear any manure from the roads on a daily basis.  The horse drawn omnibus was different from a taxi - the fare paid would cover the fixed sightseeing journey. The fare would be approximately £40 for a 25 minute journey.

Daniel Smith (Legal) added that concerns had been expressed by the joint committee of Hackney Carriage and Private Hire Vehicle operators. If the Committee agreed to the proposal, the Council would make a bye-law permitting this scheme to operate, after which there would be a period of consultation. Councillor Cook suggested that the joint committee be informed how the scheme was intended to run, and then if they so chose, they could make any objections as part of the normal consultation process.  Mr Merry should be invited to the next meeting of the licensed taxi trade so that they could address any concerns to him, and he could answer any questions.

Resolved:-

(1)   To note the progress made with Oxfordshire County Council with regard to the proposed Horse Drawn Carriage Scheme;

(2)   To approve the level of fee determined to be reasonable for the guide, driver and proprietor of a Horse Drawn Carriage;

(3)   To recommend Council to make the appropriate Bye-laws;

(4)   To authorise the Head of Environmental Development and the Head of Law and Governance to carry out the statutory advertisement of the Bye-laws;

(5)   To request that the Licensing Team leader hosts a meeting between the Horse Drawn Carriage operator and COLTA/ Private Hire operators, to discuss any areas of concern held by the taxi trade.

The Head of Environmental Development has submitted a report which provides an update to the Committee as to the progression of the CCTV initiative following the decision to implement the scheme on 1 March 2011.

The Committee is asked:

(a)                           To note the progression of the CCTV initiative and make any comments it sees fit to assist with the promotion of the scheme;

(b)                           To note the legal requirements associated with the use of CCTV in licensed vehicles in particular with regard to the Human Rights Act 1998, Data Protection Act 1998, freedom of Information Act 2000 and this Authorities Polices and Procedures already in place with regard to the viewing and storage of recorded images.

The Head of Environmental Development submitted a report (previously circulated, now appended) giving an update on the progress of the CCTV initiative that was implemented on 1^st March 2011.

Resolved to note the current position.

The Head of Environmental Development has submitted a report the purpose of which is to determine whether an automatic increase to the Hackney Carriage Tariff of 20 pence per journey be applied upon the price of a litre of diesel fuel reaching £1.50.

The Committee is asked:

(a)                           To approve that the Head of Environmental Development may, subject to the consideration of any objections received, amend the table of fares to introduce an automatic surcharge of 20 pence per journey be applied to all fares when the price of a litre of diesel fuel reaches £1.50 per litre at a predetermined lists of local fuel outlets;

(b)                           To approve that upon the price of a litre of diesel fuel falling below the £1.50 threshold at any of the listed fuel outlets, that the surcharge be automatically revoked;

(c)                           To approve that the Head of Environmental Development publish notice of the surcharge in accordance with Section 65(2) of the Local government (Miscellaneous Provisions) Act 1976;

(d)                           To approve that the Head of Environmental Development consider any objections received in consultation with the chair of the Committee before the introduction of the surcharge.

The Head of Environmental Development submitted a report (previously circulated, now appended) giving consideration to the proposal that an automatic increase to the Hackney Carriage Tariff of 20 pence per journey be applied upon the price of a litre of diesel fuel reaching £1.50.

Councillor Cook expressed doubt about this. Fuel costs were complicated, and he did not think that the cost of fares should vary from day to day. The taxi trade could ask for an increase in tariffs at any time should there be a significant rise in the price of diesel fuel.  It would be preferable for an approach to be made to the Committee, with evidence of prices, and a request for a specific increase, rather than creating a system that would make pricing over complicated.

Therefore the recommendations were not approved.

The Head of Environmental Development has submitted a report which details proposals for the design, layout and size of street trading pitches, with special reference to pitches that have the capability to overhang the 2mx1m cartilage.

The Committee is asked:

(a)                           To grant delegated authority to the Head of Environmental Development to decide and authorise variations to stall sizes where it is reasonable and appropriate to do so, having regard to the location of the stall and the type of goods to be sold, up to a maximum size of 2.4m x 1.3 (8ft x 4ft);

(b)                           To agree the prescriptive criteria for a street trading stall as set out in Appendix 3 of the report;

(c)                           To approve that the Head of Environmental Development only be required to refer the decision to Committee for approval if representation are received from interested parties that a stall should not be increased in size or the conditions varied.

The Head of Environmental Development submitted a report (previously circulated, now appended) that detailed proposals for the design, layout and size of street trading pitches, with special reference to pitches that had the capacity to overhang the 2m x 1m curtilage. Tony Payne and Andy Thompson (Licensing) introduced this item to the Committee and explained the background. A range of manufacturers provided a standard stall measuring 2.4m by 1.3m, which was easily obtained. This slight increase in size, from the current 2m by 1m, would make if easier to achieve a more uniform appearance of stalls across the City. The Committee felt that, if this was agreed, there should be no supernumerary stands and displays extending beyond the stalls agreed curtilage would need to be agreed by condition.

Resolved:-

(1)   To grant delegated authority to the Head of Environmental Development to decide and authorise variations to stall sizes where it is reasonable and appropriate to do so, having regard to the location of the stall and the type of goods to be sold, up to a maximum size of 2.4m x 1.3m (8ft x 4ft);

(2)   To agree the prescriptive criteria for a street trading stall as set out in Appendix 3 of the report;

(3)   To approve that the Head of Environmental Development only be required to refer the decision to Committee for approval if representations are received from interested parties that a stall should not be increased in size or the conditions varied.

The Head of Environmental Development has submitted a report which seeks approval to amend the Street Trading Policy in relation to the designation of street in Oxford City.

The Committee is asked:

(a)                           To recommend Council retains the current designation of Prohibited and Consent Streets and designates the remainder of the streets within the Oxford City Council boundary as Consent Street for the purposes of the Street Trading Scheme, or:

(b)                           To recommend Council designates all streets within the Oxford City Council boundary as Consent Streets for the purposes of the Street Trading Scheme;

(c)                           To remove the designation of the Covered Market Walkways, the Clarendon Centre Walkways and the Westgate Centre Walkways:

(d)                           To authorise the Head of Environmental Development to carry out the required consultation as set out in paragraph 13 of the report;

(e)                           To receive a further report to consider responses to the consultation before making a recommendation to Council.

The Head of Environmental Development submitted a report seeking approval for an amendment to the Street Trading Policy in relation to the designation of streets in the City of Oxford.

Resolved:-

(1)   To recommend Council designates all streets within the Oxford City Council boundary as Consent Streets for the purposes of the Street Trading Scheme;

(2)   To remove the designation of the Covered Market Walkways, the Clarendon Centre Walkways and the Westgate Centre Walkways:

(3)   To authorise the Head of Environmental Development to carry out the required consultation as set out in paragraph 13 of the report;

(4)   To receive a further report to consider responses to the consultation before making a recommendation to Council.

The Head of Environmental Development has submitted a report which seeks to amend the fee for a Weekly Street Trading Fee to rectify an error.

The Committee is asked to approve the amendment of the fee for a One Week Street Trading Consent to £155.

The Head of Environmental Development submitted a report (previously circulated, now appended) that sought to amend the fee for a weekly street trading fee in order to rectify an error.

Resolved to approve the amendment of the fee for a one week street trading consent to £155.

The Committee is asked to approve the minutes of the meetings held on 1 March 2011 and 19 May 2011.

Resolved to confirm as a correct record the minutes of the meetings held on 1^st March and 19^th May 2011.

The Committee is asked to note that it will meet on the following dates at the Town Hall.

Wednesday 19 October 2011

Wednesday 22 February 2012

Resolved to:-

(1)   Note that the next meetings would be held on 19^th October 2011 and 22nd February 2012,

(2)   Request that the meetings followed on immediately after meetings of the Licensing and Gambling Acts Committee without a break between them.