Agenda item

The above report is on the Cabinet Forward Decision List for 1^st December 2015 and has been identified by the Chairman for consideration by the Panel.

The Panel are requested to consider the report and make any appropriate recommendations to Cabinet.

The Environmental Health Manager (Commercial) presented the Cabinet report and explained that the Council’s procedures and conditions required updating following various changes in legislation since the last conditions were approved by Council on 30^th June 2011.  The guidance on the relevance of convictions had also been reviewed.

The changes to the procedures and conditions went out to consultation with the trade and the consultation document and responses were attached to the Environmental Health Manager’s report.

The proposed amendments to the procedures and guidance had been included as an appendix to the Environmental Health Manager’s report.

The Chairman thanked the Environmental Health Manager (Commercial) for her report and invited questions and comments from the Panel, as summarised below.

Councillor Squire referred to the change in legislation in that operators could now sub-contract to operators in other areas.  She commented that different Local Authority areas would have different conditions and standards and asked if the Council’s conditions were more restrictive than neighbouring authorities.  The Environmental Health Manager explained that the Council’s conditions meant that all licensed vehicles were of a set standard.  The conditions meant that the fleet in the Borough was the best it could be.  She acknowledged that some neighbouring Authority conditions were not quite as restrictive.

The Environmental Health Manager explained that the effect of allowing operators to sub-contract outside of the Borough was as yet unknown.  It would be monitored and any complaints would be investigated in conjunction with the relevant Local Authority.

The Portfolio Holder for Community and Housing, Councillor Lawrence felt that the Borough’s conditions had ensured that the fleet of vehicles in the Borough were of a high standard and he was proud of the clean smart vehicles which were licensed in the Borough.  He explained that the ability for operators to sub-contract outside of the Local Authority area was set out in legislation and therefore was out of the control of the Council.  He explained that it would be monitored.

Councillor Mrs Collop referred to part 2.2 of the amended conditions which related to the Disclosure and Barring Service and the Right to Work Check.  She asked what the cost of this process was.  The Environmental Health Manager explained that an enhanced check was carried out which cost in the region of £49.  An administration fee was added to this.  Amendments to the fees were being considered by full Council at their meeting on 26^th November 2015.

The Portfolio Holder for ICT, Leisure and Public Space referred to page 53 of the report which related to insurance documents.  He asked if the Certificate of Insurance could be displayed in the licensed vehicle so that patrons know that the vehicle was adequately insured.  The Environmental Health Manager explained that the driver would not be issued with a licence if they were not appropriately insured and all other necessary checks had been carried out.

RESOLVED: That the Environment and Community Panel support the recommendation to Cabinet as set out below:

The Council adopt the revised procedures and conditions.