27 01 2005

 

Apologies for inability to attend the meeting were received on behalf of the Borough Solicitor.

 

 

There were no declarations of interest.

 

 

RESOLVED: That the Minutes of the meeting of the Committee held on 18 November 2004 be approved and signed by the Chairman as a true and correct record.

 

 

 

At their meeting on 18 November 2004, the Committee had received and considered an interim report from the Delimitation of Hackney Carriages Working Group, which outlined the background and methodology of their scrutiny process to date. 

 

Following that meeting, as requested, the Working Group carried out further consultation seeking the views of the wider community by issuing press releases, displaying posters in strategic positions and making available a dedicated answer-phone service to receive comments.

 

During this process, hackney carriage operators had expressed concerns about one of the Committee’s resolutions and, as a result, the Working Group agreed to invite the licence holders to a meeting with them in order to hear their concerns about the proposed provision of disabled accessible vehicles and to give Members an opportunity to explain and clarify their views on the implications of delimiting the number of hackney carriage licences issued.

 

The Working Group concluded that a mix of vehicles would provide for all needs and whilst it was accepted that a number of additional ‘disability friendly’ vehicles would add to the provision in the Borough, Members acknowledged that consideration should be given to permitting the retention of saloon and estate type vehicles for holders of existing licences who currently operated such vehicles.

 

In this way, the Council would gradually move towards the anticipated compliance with the requirements of the Disability Discrimination Act 1995, although, at present, Government guidelines and advice were not available beyond the inclusion of the first tranche of local authorities, of which Gosport was not one.  Hence, the suggested date of 1^st April 2015, for the provision of all hackney carriages to be disabled accessible.

 

During consideration of the Working Group’s report, a Member questioned whether the Council could be legally challenged for discrimination against new applicants by restricting the issue of licences to a specific type of vehicle.  The Committee were assured that case law indicated that the Council’s decision would be supported.

 

The Working Group considered that without any constraints on delimitation, there could be a danger of a free-for-all, encouraging a flood of applications.

 

The Committee discussed the definition of a disabled accessible vehicle, based on Section 32 of the DDA 1995:

 

‘A vehicle that is capable of ensuring that a disabled person is able to get into and out of the vehicle safely and be carried in the vehicle safely and in reasonable comfort.

 

 

The options to the Council had been fully explored and the Working Group’s recommendations were before the Committee for consideration.  The Committee’s recommendations would be forwarded to the Policy and Organisation Board for consideration, in order that the Council could respond to the Department of Transport, by 31 March 2005, on the Council’s decision about whether to amend its policy of limiting the number of hackney carriage licences issued.

 

The Committee commended members of the Working Group on their scrutiny and thanked officers involved in the investigation.

 

RESOLVED:  That the Committee recommend to the Policy and Organisation Board that

 

(a)

The Council’s existing policy of limiting the number of hackney carriage licences be revoked;

 

 

(b)

All new applications for hackney carriage vehicle licences will only be considered in respect of vehicles that are disabled accessible (including wheelchair accessibility) and that the need to provide a business plan with each new application be revoked;

 

 

(c)

The existing ‘Hackney Carriage and Private Hire Conditions’ of the Council should be amended to ensure that the existing high standard of hackney carriage vehicles in the Borough be maintained;

 

 

(d)

Holders of existing hackney carriage vehicle licences issues prior to the current policy being revoked and who operate saloon or estate cars be permitted to continue to operate saloon and estate cars as hackney carriages until 1^st April 2015.  (This permission is subject to any subsequent requirements of Central Government in this matter); and

 

 

(e)

The transfer of licensed vehicles between owners be permitted on the terms of the existing vehicle licence.

 

 

 

 

 

A report by the Regulatory Services Manager on issues relating to dealing with stray dogs in the Borough had been submitted to the Community and Environment Board on 10 January 2005.  Members of the Board deferred making a decision and referred the matter to this Committee.

 

Under current legislation, responsibility for stray dogs was shared between the Police and Local Authorities.  Working arrangements were subject to local agreement and it was usually agreed that the local authority would provide the service during office hours and the police at all other times.

 

A DEFRA consultation paper published in July 2004 included a proposal that would transfer the responsibility, for the receipt of stray dogs, solely to local authorities, although no implementation date was indicated.  In advance of any change in legislation, the Chief Constable for Hampshire had advised local authorities that the police would cease to accept stray dogs at Hampshire police stations from January 2005. 

 

The report outlined various options for the provision of an out of hours service, all of which carried staffing and financial implications.  It was reported that the Chief Executive had written to the Hampshire Constabulary expressing the Council’s disappointment at the decision to withdraw its stray dogs service ahead of any legislation being passed and requested reconsideration of the proposal whilst responsibility was still legally shared.

 

The Committee were requested to consider whether they wished to scrutinise the matter of an out of hours stray dogs service and, if so, the method by which scrutiny was undertaken, together with an indication of the timescale involved.

 

Members discussed the potential problems that could arise from the abdication of responsibility by the police but generally considered that there were not sufficient grounds for scrutiny.  The report had identified options available for the Council and the Committee were of the view that report should be referred back to the Community and Environment Board for determination of the provision for dealing with stray dogs out of office hours.

 

RESOLVED:  That scrutiny of an out of hours stray dogs service not be scrutinised and that the matter be referred back to the Community and Environment Board for consideration.

 

 

The Chairman reported that he had attended a two-day scrutiny seminar on 6/7 January 2005 organised by the South East Employers and Improvement and Development Agency (IDeA) as part of their Leadership Academy programme.

 

The seminar had afforded the opportunity to discuss various aspects of scrutiny, to explore ideas with other Members and share details of topics that had been or were being scrutinised by other local authorities.

 

A file containing details of the course and its contents would be retained in Democratic Services and would be available for Members’ information.

 

RESOLVED: That the Chairman’s report be noted.

 

 

 

 

 

The Committee considered its work programme and revised it as follows:

 

 

 

Topic

Detail

Status

 

(Councillors Mrs Champion, Landon and Train)

To investigate the problems arising from incursions in Gosport

Scrutiny completed

 

(Councillors Carr, Philpott and Redrup)

To consider the protocols, policies and enforcement to deal with anti-social behaviour

On going

-Sub Committee established

 

Delimitation of hackney carriages

(Councillors Allen, Carr and Redrup)

To investigate the delimitation of hackney carriages in Gosport

Scrutiny completed

 

To be involved in a review of contract procurement

To be determined in consultation with the Chairman – Councillor Train

 

 

 

 

 

 

 

 

The Local Government Association had sent an invitation to all local authorities referring to an event for councillors that was taking place in London on Saturday, 19 February 2005 relating to tackling anti-social behaviour.

 

Members of the Anti Social Behaviour Working Group expressed their interest in attending the event, which was free of charge.

 

RESOLVED:  That places be booked on the ‘TOGETHER Academy – tackling anti social behaviour’ event being held on 19 February 2005  for Councillors Carr, Philpott and Redrup.

 

 

 

The meeting commenced at 6.00pm and concluded at 6.55pm

 

 

 

 

 

CHAIRMAN