Agenda and minutes

Cllr Melly, newly appointed Chair of the Committee, welcomed all to the meeting and recorded thanks to previous Members of the Committee.

Cllr Cuthbertson was appointed as Vice Chair for the meeting.

At this point in the meeting, Members and co-opted members are asked to declare any disclosable pecuniary interest, or other registerable interest, they might have in respect of business on this agenda, if they have not already done so in advance on the Register of Interests. The disclosure must include the nature of the interest.

An interest must also be disclosed in the meeting when it becomes apparent to the member during the meeting.

[Please see attached sheet for further guidance for Members].

Members were asked to declare at this point in the meeting any disclosable pecuniary interest or other registerable interest they might have in respect of business on the agenda, if they had not already done so in advance on the Register of Interests. None were declared.

To approve and sign the minutes of the meeting held on 4 April 2023.

Resolved:  That the minutes of the meeting held on 4 April 2023 be approved and then signed by the Chair as a correct record.

At this point in the meeting members of the public who have registered to speak can do so. Members of the public may speak on agenda items or on matters within the remit of the committee.

Please note that our registration deadlines are set as 2 working days before the meeting, in order to facilitate the management of public participation at our meetings.  The deadline for registering at this meeting is 5:00pm on Friday 9 June 2023.

To register to speak please visit www.york.gov.uk/AttendCouncilMeetings to fill in an online registration form.  If you have any questions about the registration form or the meeting, please contact Democratic Services.  Contact details can be found at the foot of this agenda.

Webcasting of Public Meetings

Please note that, subject to available resources, this meeting will be webcast including any registered public speakers who have given their permission. The meeting can be viewed live and on demand at www.york.gov.uk/webcasts.

It was reported that there had been three registrations to speak at the meeting under the Council’s Public Participation Scheme.

Wendy Loveday had registered to speak on matters within the Committee’s remit. As she was unable to attend the meeting, the Chair read out a statement on her behalf. The statement requested the reopening on Penley Grove Street and Lowther Street.

William Swords spoke on matters within the Committee’s remit. He asked the Committee to reconsider the type of vehicle in the issuing of hackney carriage licences and detailed the reasons for the request.

Antony Schiller (Solicitor for Applicant) had registered to speak on agenda item 6 Application for a Private Hire Operators licence - Mohammed Iqbal, trading as York Cars (Private Hire). He spoken on the application when it was taken during the meeting.

In response to a request from a Member, the Chair undertook to contact speakers after the meeting.

This report seeks Member’s determination of an application to renew a Sex Establishment Licence for a sex shop which has been made under the Local Government (Miscellaneous Provisions) Act 1982, Schedule 3 Control of Sex Establishments in respect of The Adult Shop, 70B Gillygate, York, YO31 7EQ

[The meeting adjourned from 17:44 until 17:46]

Members considered a report which sought the determination of an application to renew a Sex Establishment Licence for a sex shop which has been made under the Local Government (Miscellaneous Provisions) Act 1982 Schedule 3 as amended by Policing and Crime Act 2009 in respect of The Adult Shop, 70B Gillygate, York, YO31 7EQ.

The Licensing Manager outlined the report, detailing the annexes. She then detailed the options available for consideration by the Committee. She was asked and explained the policy for sex establishment licences could be reviewed at any time.

[Cllr Mason joined the meeting at 17:49]

By virtue of paragraphs 10, 12 and 13 of schedule 3 of the Local

Government (Miscellaneous Provisions) Act 1982 (as amended), the Committee had the following options available to them in making their decision:

Option 1: Grant a renewal of the licence as requested.

Option 2: Renew the licence with modified/additional conditions

imposed by the licensing committee.

Option 3: Refuse the application for renewal on one of the mandatory grounds or on one or more of the discretionary grounds within paragraph 12 to Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 (as amended).

Cllr Kilbane moved option 1 to grant a renewal of the licence as requested. This was seconded by Cllr Mason. The Senior Solicitor advised that Cllr Mason had missed the outline of the report. On being put to the vote it was unanimously:

Resolved:  That, in accordance with option 1 to grant a renewal of the licence as requested.

Reason:     To consider renewal of the sex establishment licence as required by the legislation.

This report asks Members to determine a request from the Hackney Carriage Associations with regards to the maximum fares to be paid in respect of the hire of a City of York licensed hackney carriage vehicles. This request relates to a variation of the table of fares. 

Members considered a report that asked Members to determine a request from the Hackney Carriage Associations with regards to the maximum fares to be paid in respect of the hire of a City of York licensed hackney carriage vehicles.  This request related to a variation of the table of fares.

The Taxi Licensing Manager outlined the report noting that all three taxi associations in York had agreed the request. In response to Member questions, the Taxi Licensing Manager explained:

·        The incremental charges in the tariffs

·        There was a requirement in the Bylaws that fares were advertised in vehicles

·        The overall increase for tariffs was 13%.

·        The process for consultation

·        Mobility aids did not count as luggage

·        How the request for the increase in fares was advertised

·        The fare increase comparisons would be included in the report next time a determination was made

·        There had been no objections to the fare increases and the increases would come into effect from the 14^th day following the determination of the request should there be no objections. If there had been an objection the request that was not withdrawn, the request would come back to the Committee.

·        The fares put forward by the trade compared with York and North Yorkshire. The annual % rise in fare rates had been provided by the trade.

·        Confirmation was given that the proposed fares put forward were the maximum allowed fares.

By virtue of Section 65 of the Local Government (Miscellaneous Provisions) Act 1976 (1976 Act) the Committee had the following options available to them in making their decision:

Option 1 – ask officers to publish in a local newspaper the variation to the table of fares proposed by the Hackney Carriage Associations, giving a specified period of 14 days within which objections can be made. If no objections are received or if so received are withdrawn then the new fares will be implemented on the date specified in the advert.     

Option 2 – determine an alternative variation to the table of fares, and ask officer to publish in a local newspaper the variation to the table of fares determined by Members, giving a specified period of 14 days within which objections can be made.     

Option 3  - reject the request from the Hackney Carriage Associations to vary the table of fares. 

Cllr Warters moved option 1 to ask officers to publish in a local newspaper the variation to the table of fares proposed by the Hackney Carriage Associations, giving a specified period of 14 days within which objections can be made. If no objections are received or if so received are withdrawn then the new fares will be implemented on the date specified in the advert. This was seconded by Cllr Cuthbertson. On being put to the vote with eleven in favour, one against and one abstention, it was:

Resolved:  That, in accordance with option 1 to grant a renewal of the licence as requested.

Reason:     To determine the table of fares that will apply  ...  view the full minutes text for item 5.

This report seeks Members’ determination of an application for a Private Hire Operators Licence. The operating premises will be situated at Unit 1, Heritage Park, Outgang Lane, York, North Yorkshire, YO19 5UP.

Members considered a report which sought determination of an application made under Section 55, Part 2 of the Local Government (Miscellaneous Provisions) Act 1976 by Mohammed Iqbal, trading as York Cars (Private Hire) operating from Unit 1, Heritage Park, Outgang Lane, York, North Yorkshire, YO19 5UP.

In coming to their decision, the Committee took into consideration all the evidence and submissions that were presented, as follows:

1.              The Taxi Licensing Manager’s report and his comments at the meeting.  He outlined the information set out in the report and annexes. In response to Members’ questions, he also confirmed that:

Officers were aware that the applicant was not the director of Gladstone Garage.

If the application was approved, York Cars could operate from two premises.

The complaints were about three different cards.

Additional condition 8b was part of the planning consent and licensing officers would work with planning officers on this.

The outcome of the investigation.

That 91 was the last tier for the number of cars.

2.              The application form, and the submissions made by Mr Schiller, the Solicitor for the Applicant at the meeting. In response to Member questions, Mr Schiller explained that:

·       The applicant had drivers not licensed in York and 75% of the drivers were licenced in York.

·       The application was not in respect of the registered company for Gladstone Garage, the applicant did not have a connection with Gladstone Garage as it was a separate legal entity.

[At this point the Senior Solicitor was asked what weight could be given to complaints and she advised Members of the fit and proper test as outlined in Annex 4. She added that Members needed to carefully consider the relevance of parking issues. The Licensing Manager noted that planning permission had been granted].

It was for the committee to decide if they wanted to attach additional conditions.

The applicant was already deemed fit and proper.

Why proposed condition 8b was unenforceable.

How the applicant would deal with complaints under his grievance procedure.

If a vehicle was allocated a job under the private hire operators licence the applicant would need to know the requirement of that job,

[Cllr Widdowson left the meeting at 19:26]

Regarding the applicant’s relationship with the operator of Gladstone Garage, the applicant was applying for a private hire operators licence in his own name and he had no control over Gladstone Garage. The applicant did not have a connection with Gladstone Garage as it was a separate legal entity.

Condition 8 was not reasonable and necessary.

He did not know how many drivers licensed in York passed the knowledge and safety test. [At this point the Taxi Licensing Manager confirmed that two of those drivers had passed the test].

Officers were asked and clarified that:

The annexes for the Blossom Street York Cars premises were included at annex 7 and that proposed condition 8 did not apply to the existing licence.

[Cllr Hook left at 19:41]

Officers clarified that the conditions attached were reasonable. They clarified proposed  ...  view the full minutes text for item 6.

A Member requested that a forward plan be added to future meeting agendas, that there be an update on the Drive operators licence application and that licensing hearings revert back to being held in person.