Agenda item

The Licensing Enforcement Officer presented the proposed Licensing Records Points Scheme following a consultation. At the previous meeting, the Committee agreed that the draft scheme should go out for consultation for a period of eight weeks. The consultation was due to take place between 19 July and 10 September 2021. However, it had been brought to Officers attention that the consultation had possibly not reached the whole trade and therefore, the consultation was extended to 22 September 2021. The Licensing Enforcement Officer highlighted the two responses received at Appendix A of the report from East Herts licence holders. They had raised a number of points but were dealt with separately with a response from Officers. As a result of the consultation, no amendments had been proposed to the draft scheme but the current scheme was in need of an update and no negative views had been expressed with the scheme in the past.

The Chairman referred to page 83 and the two responses received from the consultation. He said that although they did not relate to the consultation, he shared their concerns. He asked the Officers to investigate the issues raised and report back to the Committee with an update to see if there was a solution.

Councillor Wilson proposed an amendment to the scheme. He referred to paragraph 31 on page 91 and was unsure how late applications for a renewal of a licence would affect public safety. He said that the legislation stated that a driver must be fit and proper and he could not understand how a late application would impact on those criteria.

The Licensing Enforcement Officer said that she would be happy for this to be removed. She said that research had been conducted into what other Local Authorities do in the case of late renewal applications and the six points was common.

The Chairman added that East Herts worked together with Watford and Dacorum so schemes should be kept in sync.

Councillor Wilson suggested a further amendment at paragraph 22. He asked for wording to be added around the use of racist, sexist, homophobic or other discriminatory language to send a clear message that East Herts did not tolerate its use. The Licensing Enforcement Officer said that she was happy to find the wording and add into the scheme.

The Chairman asked Councillor Wilson to discuss the additional wording with the Licensing Enforcement Officer and get it agreed with himself and the Vice-Chairman outside of the meeting. He then added that there were not many matters for which three points would be awarded in the scheme.

Councillor Goldspink said that she felt six points for a late renewal was unreasonable. She said that if a driver’s licence had expired, they could not trade anyway. She understood the need to keep in step with the other authorities but felt there should be no penalty.

The Chairman asked Officers if trading when a licence has expired was covered in the policy. The Licensing Enforcement Officer said that it would be covered under legislation as it was an offence to continue trading with no licence.

Councillor Reed said he used to be a taxi driver in East Herts and in his experience, many taxi drivers were aware of when their licence was coming up for renewal. He said he would rather have a strict penalty instead of being lenient and have the risk of drivers operating without a licence.

The Chairman suggested that the Committee amend the scheme to three points for a late licence renewal instead of the six proposed.

Councillor Bolton said she agreed with the change and felt three points was a more appropriate sanction. Councillor Page asked if extenuating circumstances were taken into account when a licence renewal was late.

The Licensing Enforcement Officer confirmed that Officers would look at a licence on a case by case basis and the council have a process whereby drivers can apply to suspend their licence before it expires.

Councillor Symonds asked if a late renewal of a licence would invalidate a driver’s insurance. Councillor Reed confirmed it did not.

Councillor Hall proposed and Councillor Page seconded a motion to amend the Licensing Records Points Scheme as follows:

(A)       To reduce the penalty for a late renewal licence from six points to three points.

(B)       To add wording around the use of racist, sexist, homophobic and other discriminatory language, delegated to Councillor Wilson and Officers with agreement from the Chairman and Vice Chairman.

On being put to the meeting and a vote taken, the motion was declared CARRIED.

RESOLVED – that the Licensing Records Points Scheme be amended as above.

Councillor Symonds proposed and Councillor Reed seconded a motion supporting the recommendation in the report. On being put to the meeting and a vote taken, the motion was declared CARRIED.

RESOLVED – that the final version of the Licensing Records Points Scheme as amended by the Committee be endorsed for presentation to the Executive.