Agenda item

The Head of Housing and Health submitted a report updating the Licensing Committee on the results and recommendations of the Safeguarding Audit carried out by the Shared Internal Audit Service (SIAS).

The Service Manager (Licensing and Enforcement) referred to well publicised national incidents of child sexual exploitation involving taxis and the subsequent review of East Herts safeguarding carried out by SIAS.  He explained that overall there was substantial assurance that the Council had effective controls for those elements of the risk management processes covered by this review.

Members were advised that, in respect of safeguarding responsibilities in relation to taxi licensing the report concluded that there were comprehensive licensing and driver conviction policies in existence and the Council had a strong process for application checks, including the requirement to provide details of convictions from outside the UK.  Other factors such as demeanour, general character and non-criminal behaviour were considered alongside convictions when determinations were made as to whether an individual was a fit and proper person to hold a licence.

The Service Manager advised that the audit had identified that the quarterly report had been withdrawn as Members had found the information included in it of limited use.  It had been suggested that a revised report be put to the Licensing Committee on a quarterly basis with the content reflecting the needs of Members.  A report would now be made to the Licensing Committee on a quarterly basis commencing in June 2017.

The SIAS had indicated that as regards Safeguarding, the audit had indicated that the direction of travel was moving towards full assurance.  The work of the Committee had been reflected in the revocations of taxi drivers’ licences and in training that had been arranged.  A number of appeals had been dealt with by the Head of Housing and Health and some of these decisions had been taken with immediate effect.

The Service Manager referred to a recent judicial review application following the legal opinion that Stevenage Magistrates Court had made an unlawful decision.  The court appeared to have elected to not make a decision regarding fitness and propriety.  Members were reminded of the circumstances of this matter regarding the inappropriate behaviour of a taxi driver towards a 16 year old female passenger and the subsequent revocation of his Taxi Drivers licence by the Licensing Sub-Committee on 4 November 2016.

Councillor N Symonds referred to a campaign by the Royal National Institute of Blind People(RNIB) to prevent taxi drivers from refusing to take passengers with assistance dogs.  The Service Manager explained that this could leave some blind people largely housebound if taxi drivers refused to take them.  The Service Manager updated the Committee regarding the prosecution of an East Herts Licensed Driver for refusing to take an assistance dog.

Following a comment from Councillor R Brunton regarding purple flag status for licensed premises in East Herts, the Service Manager explained the significant amount of work involved.  The Service Manager detailed the range of activities that would have to occur if an application was made for purple flag status.  Following a comment from Councillor J Jones, the Service Manager confirmed that a dedicated Officer or a consultant on a fixed term contract could prepare and co-ordinate an application for purple flag status.

Councillor G Cutting referred to the Overview and Scrutiny Committee and a possible piece of work around allowing a greater insight into licensing policies and alcohol licences and the effect these had on the emergency services.

The Service Manager confirmed to Councillors P Ballam and J Jones that he had been in conversations with Officers from Broxbourne Council regarding drivers from other areas occupying spaces on taxi ranks in East Herts.  Members received the report.

RESOLVED – that (A) the information detailed in the report be noted; and

(B)   Members’ comments now detailed, be forwarded to the Head of Housing and Health.