Agenda item - Legislative Update

Agenda item

Legislative Update

Minutes:

The Committee considered a report which highlighted changes to legislation which had either taken place or were proposed to come into effect in the near future and which related to Licensing functions.

 

The Senior Practitioner (Licensing) WRS highlighted a number of areas of legislative change and drew the attention of Members to the appendices to the report in each case which set out the changes in more detail.

 

The Immigration Act 2016

 

The main impact was in respect of Section 5 of the Act in relation to Taxi and Private Hire Licensing functions. The provisions mean that Hackney Carriage and Private Hire Driver and Operator Licences must not be issued to those who are illegally present in the UK, those who are not permitted to work or those who are permitted to work but are subject to a condition prohibiting them from holding such a licence.

 

It was reported that Licensing Officers had received additional training from the Home Office Immigration Enforcement Team on the new provisions and on increased document fraud awareness. Members were informed that the cost to the Authority was minimal and that it was more about increased awareness of potential areas of difficulty.

 

Policing and Crime Act 2017

 

It was noted that the Act contained provisions which would impact on both Taxi Licensing and the Licensing of Alcohol and Late Night Refreshment under the Licensing Act 2003. These included:

 

·         Statutory Guidance on Protecting Children and Vulnerable Adults - the Secretary of State may issue Guidance to public Authorities as to how their licensing functions under Taxi and Private Hire Vehicle legislation may be exercised so as to protect children and vulnerable individuals from harm;

 

·         Personal Licences – Licensing Authorities would have the power to suspend or revoke a Personal Licence. The Licence Holder would still have the opportunity to make representations to the Licensing Committee;

 

·         Licensing Act 2003: Addition of Further Relevant Offences - this would increase the number of “Relevant Offences” conviction for which would be grounds for refusing, suspending or revoking an existing Personal Licence;

 

·         Licensing Act 2003: Guidance to Local Authorities - this would no longer have to come before Parliament for approval before it comes into effect;

 

·         Cumulative Impact Policies – these would be placed on a statutory basis .At present this Council does not have a Cumulative Impact Policy;

 

·         Late Night Levy Requirements – changes to be introduced to make the Late Night Levies more flexible but with greater transparency.  

    

 

Section 165-167 of the Equality Act 2010 – Taxi and Private Hire Passengers in Wheelchairs   

 

It was reported that new guidance had been published by the Department for Transport on the new provisions of the Equality Act 2010.

 

From April 2017 drivers of designated wheelchair accessible Taxis and Private Hire Vehicles would be obliged by law to:

 

·         transport wheelchair users in their wheelchair

·         provide passengers in wheelchairs with appropriate assistance

·         charge wheelchair users the same as non-wheelchair users

 

Drivers found to be discriminating against wheelchair users may be fined up to £1000 and/or have their vehicle licence suspended or revoked by their Licensing Authority.

 

It was noted that further updates and reports in relation to the change in the law would be brought to this Committee later in the year. In addition there would be attempts to raise the awareness of Licensed drivers of  the changes in the law and potential impact on them.

 

Animal Licensing Proposals (DEFRA)

 

Following a consultation with stakeholders as part of a review of animal establishment licensing in England, DEFRA had issued a document “The Review of Animal Establishments Licensing in England – Next Steps”. This related to the updating and combining of the current licensing regimes which regulate the sale of pet animals, dog and cat boarding, dog breeding and riding schools.

 

It was noted that further progress reports would be submitted to the Committee when the information on the review was available.

 

It was  

 

RESOLVED that the contents of the report on legislative updates be noted.  

Supporting documents: