Regulatory Services Committee - 21 March 2018

REVISED

REGULATORY SERVICES COMMITTEE

NOTICE AND AGENDA

For an meeting to be held in the Penn Chamber, Three Rivers House, Northway, Rickmansworth, on Wednesday 21 March 2018 at 7.30pm.

Members of the Committee:-

Councillors:-      Steve Drury (Chairman)      Martin Trevett (Vice-Chairman)

Eric Bishop      Sarah Nelmes

Valerie Coltman      Ralph Sangster

Sara Bedford      Roger Seabourne

Stephen King      Alison Wall

Joy Mann

Steven Halls, Chief Executive

13 March 2018

The Regulatory Services Committee welcomes contributions from members of the public to its discussion on agenda items. Contributions will be limited to one person speaking for and one against each item for not more than three minutes. Please note that, in the event of registering your interest to speak on an agenda item but not taking up that right because the item is deferred, you will automatically be given the right to speak on that item at the next meeting of the Regulatory Services Committee. Details of the procedure and the list for registering the wish to speak will be available for a short period before the meeting.

In accordance with The Openness of Local Government Bodies Regulations 2014 any matters considered under Part I business only of the meeting may be filmed, recorded, photographed, broadcast or reported via social media by any person.

Recording and reporting the Council’s meetings is subject to the law and it is the responsibility of those doing the recording and reporting to ensure compliance. This will include the Human Rights Act, the Data Protection Act and the laws of libel and defamation.

1.

APOLOGIES FOR ABSENCE

2.

MINUTES

To confirm as a correct record the Minutes of the meeting held on 6 December 2017 and the Extraordinary meeting held on 16 January 2018.

3.

NOTICE OF OTHER BUSINESS

Items of other business notified under Council Procedure Rule 30 to be announced, together with the special circumstances which justify their consideration as a matter of urgency. The Chairman to rule on the admission of such items.

4.

DECLARATION OF INTERESTS

To receive any declarations of interest.

5. CONDITIONS FOR PRIVATE HIRE DRIVER, VEHICLES AND OPERATORS

Three Rivers District Council (TRDC) is responsible for licensing Private Hire Drivers, Vehicles and Operators under the Local Government (Miscellaneous Provisions) Act 1976. The Council is also responsible for licensing Hackney Carriages and their Drivers under the Town and Police Clauses Act 1847.

Under the Local Government (Miscellaneous Provisions) Act 1976 the Council may attach conditions to a licence.

The conditions were last reviewed in 2005, the previous conditions have been in place for a number of years and this report seeks to review and replace the conditions as part of the Regulatory Service Committee’s work programme.

The report explains and details proposed conditions for drivers, vehicles and operators. Committee approval is sought for progressing with a consultation exercise on the proposed conditions.

6.HACKNEY CARRIAGE AND PRIVATE HIRE DRIVER / OPERATOR PREREQUISITES

Three Rivers District Council (TRDC) is responsible for licensing Private Hire Drivers, Vehicles and Operators under the Local Government (Miscellaneous Provisions) Act 1976. The Council is also responsible for licensing Hackney Carriages and their Drivers under the Town and Police Clauses Act 184

At the Regulatory Services Committee on 6 December 2017, Members resolved to consult upon additions of the ‘Prerequisites to become a Hackney Carriage and Private Hire Drivers and / or Private Hire Operator’. As such the proposal has been out to consultation and this report seeks to authorise an amendment to the Hackney Carriage and Private Hire Drivers / Private Hire Operator Prerequisites.

The Local Government (Miscellaneous Provisions) Act 1976 sets out that before a licence may be granted for a driver of either a Private Hire vehicle or Hackney Carriage, the Council must be satisfied that the applicant is ‘fit and proper’ to hold the licence.

A consultation with stakeholders took place asking for any comments on the proposal of additional training for new applicants and current drivers renewing their licences on child sexual exploitation and disability awareness with new applicants also requiring practical driving assessments. Drivers of wheelchair accessible vehicles would need to undertake a wheelchair assessment. The consultation further went on to propose that new and renewing Private Hire Operators undertake training on child sexual exploitation and disability awareness.

A total of 15 responses were received from stakeholders including local Councillors, Parish Councils and the trade. (See Appendix A)

Officers have looked at the types of training available and their associated costs.

7. APPLICATION FOR RENEWAL OF A SEX ESTABLISHMENT LICENCE LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982 AS AMENDED BY THE POLICING AND CRIME ACT 2009

In 2004 the Council adopted the provisions of Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 (the 1982 Act). On 4 April 2011 the Resolution was amended to take account of the changes made by Section 27 of the Policing and Crime Act 2009 (the 2009 Act) to the definition of ‘sex establishment’. The effect of the adoption is that any premises in the District used as a sex establishment must be licensed and may only be used in accordance with the terms of the licence.

The 2009 Act gives a transition period of 12 months after re-adoption of Schedule 3, for any such premises to apply for the new licence. It is therefore illegal for any establishment to provide sexual entertainment after 4 April 2012, without the benefit of a Sex Establishment Licence.

An application for a Sex Establishment Licence has been made for the premises known as the Prince of Wales Public House, Batchworth Heath, Rickmansworth WD3 1QB. The Council’s Constitution requires that an application for such a licence may only be determined by the Regulatory Services Committee.

8.

REGULATORY SERVICES COMMITTEE WORK PROGRAMME

To consider and make necessary changes to the Committee’s work programme

9. OTHER BUSINESS - if approved under item 3

10. EXCLUSION OF PRESS AND PUBLIC

If any confidential business is approved, it will also be necessary to specify the class of exempt or confidential information in the additional item(s) and a resolution to be passed in the following terms:-

“that under Section 100A (4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item(s) of business on the grounds that it involves the likely disclosure of exempt information as defined under the relevant paragraph of Part 1 of Schedule 12A to the Act”. It has been decided by the Council that in all the circumstances, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

1. OTHER BUSINESS – if approved under Item 3. -