Those present were noted.

Apologies for absence were received from Councillor David Andrews and Councillor Adrian Benjamin.

At this point in the meeting Members were asked to disclose any relevant interests.

Councillor Andrew Leonard and Councillor Graham Cullen asked that it be noted they were both Personal Licence Holders.

To follow.

The Open and Exempt Minutes of the General Licensing Committee Meeting held on 6^th December 2021 were agreed as a correct record.

Report to follow.

An Open report was submitted by the Service Manager, Safer Communities which enabled Members to consider whether to put in place alternative arrangements for the processing of enhanced DBS Disclosures in respect of taxi and private hire driver licence applications.

The Principal Licensing Officer introduced the report and reminded Members that the Council was responsible for processing and determining licence applications in respect of hackney carriage (taxi) drivers and private hire vehicle drivers.  The Council had specific requirements and policies in relation to such licence applications.

However, the Authority had now significantly fallen below the threshold for DBS Registered Body Status and so would need to put in place alternative arrangements for the processing of Enhanced DBS Disclosures in respect of taxi and private hire drivers. The proposed procedure contained in this report required driver licence applicants to use an ‘Umbrella Body‘ in order to obtain their Enhanced DBS Disclosure.  This reflected similar procedures adopted by other Licensing Authorities who fall below the DBS registration threshold.

The Principal Licensing Officer set out the background to the report and highlighted that whilst discussions had taken place between the DBS Registered Body authority and himself, and that whilst no action was currently contemplated by the DBS authority, he considered that a proactive way forward would be a more advantageous for the East Lindsey Authority.

He informed Members that he recommended a new procedure be put in place.  This included:

·         Ending the relationship with the DBS Registered Body authority.

·         Putting in place a decreased charge of £40 to cover administration costs.

·         Informing drivers that from the date decided, they would be responsible for providing ELDC with proof of DBS Registration via an umbrella organisation.  ELDC would then action that proof on behalf of the Authority.

The Principal Licensing Officer also reminded members that from 1^st April 2022, drivers would be required to sign a declaration stating they were paying tax from that date.  In order to ensure compliance and be licensed, drivers would be required to provide the Authority with a check code provided by the Tax authorities.

The Chairman confirmed that he had discussed this with the Principal Licensing Officer and considered that the new procedures would greatly simplify the Authority’s work. 

A detailed discussion ensued and Members sought clarification of the following points:-

·         Why the specific umbrella organisation was recommended?  Had the procurement process been completed regarding this organisation?  Was the organisation cost effective and was the Principal Licensing Officer happy with the performance.

o   The Principal Licensing Officer informed Members that the specified umbrella organisation was already being used for a different purpose, and the cost was too small for the procurement rules to apply.  He was happy with the performance, the administration costs were acceptable and the turnaround timescales was usually one to two days and that the normal DBS process usually took 14 days.

The Principal Licensing Officer confirmed that by the end of 2023, he expected that all drivers except for new applicants would be signed  ...  view the full minutes text for item 32.

That under Section 100(A)(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following items on the grounds that, if they were present, there could be disclosed exempt information as defined at paragraphs 1, 2 and 3 of Part 12 of the Schedule 12A of the Act (as amended).

It was proposed and seconded that the public and press be excluded from the meeting.

RESOLVED

That under Section 100(A) of the Local Government Act 1972, the press and public be excluded from the meeting for the following items on the grounds that, if they were present, there could be disclosed exempt information as defined at paragraphs 1, 2 and 3 of Part 12 of the Schedule 12A of the Act (as amended).

Confidential Report to follow.

An Open Report was submitted by the Service Manager Safer Communities which enabled Members to consider an application for an exemption from the legal duty to carry wheelchair users in hackney carriage (taxis) and private hire vehicles.

The Principal Licensing Officer introduced his report and advised that Members were being asked to consider an application submitted by a licensed driver under Section 166 of the Equality Act 2010 for an exemption from the duties to assist passengers in wheelchairs.

Members were referred to the exemption application, Confidential Appendices A, B and C (pages 27-36 of the report refers).

Members were further advised that Section 166 of the 2010 Act allowed the Council to exempt drivers from the duties to assist passengers in wheelchairs if the Authority was satisfied that it was appropriate to do so on medical grounds or because the driver’s physical condition made it unreasonably difficult for them to comply with the duties.

The Principal Licensing Officer outlined the options available to the Committee which included; issue of a temporary exemption (the expiry date to be determined by the Committee), issue a lifetime exemption or refuse to issue an exemption.

A further discussion ensued and following which it was,

RESOLVED

That a temporary exemption be granted until 07 May 2026.  In granting the exemption the General Licensing Committee were satisfied that it was appropriate to do so because of the medical condition makes it unreasonably difficult to comply with the normal wheelchair duties placed on hackney carriage and private hire vehicle drivers.

This Authority would then look to review the status of the exemption in 2026.

The official exemption certificate exempting to be forwarded in due course.

It was noted that a person who is aggrieved by the refusal of the Licensing Authority to issue an exemption certificate may appeal to the Lincoln Magistrates' Court before the end of the period of 28 days beginning with the date of the refusal.

The programmed date for the next Meeting of this Committee will be 9^th May 2022.

It was noted that the next programmed date for the next meeting of this committee was Monday 9^th May 2022.