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Review of Enforcement Management System

Meeting: 27/06/2022 - Licensing Committee (Item 20)

20 Review of Enforcement Management System pdf icon PDF 279 KB

Additional documents:

Minutes:

The Committee received a report from the Environmental Health Manager.

 

The report advised that under the powers conferred to Cambridge City Council under the Town Police Clauses Act 1847 and the Local Government (Miscellaneous Provisions) Act 1976, (as amended), Cambridge City Council has responsibility for licensing Hackney Carriage, Private Hire and Dual License Drivers as well as vehicle proprietors and Private Hire Operators within the City.

 

The Hackney Carriage and Private Hire Licensing policy was produced in order to provide the Council, its officers, the trade and the public with appropriate guidelines that put the Council’s licensing requirements into practice in a clear and transparent manner.

 

Clarity was required within the Policy to give more delegated authority to the Environmental Health Manager on Enforcement Management issues.

 

A review of the Private Hire Operators Hearing Procedure was also required to ensure there is appropriate delegation.

 

In response to Members’ questions the Environmental Health Manager said the following:

      i.          Some decisions regarding breaches of the Enforcement Management System would be determined by the Licensing Sub-Committee. In certain circumstances where there are breaches of the Enforcement Management System may be determined by the Environmental Health Manager. Both situations would use a similar process but a case could be heard by Environmental Health Manager instead of 3 councillors for a more informal review. The intention was to be more time/cost effective instead of requiring a physical meeting with councillors and officers.

     ii.          Offered to give Councillors details outside of today’s meeting regarding cases considered by Officers and (separately) by Councillors so they could comment on whether they thought the balance was correct.

 

Councillor Scutt proposed an amendment to the Officer’s recommendation that the Environmental Health Manager should liaise with Committee Chair about which decisions should be taken by officers or councillors. A summary should be presented to each meeting of Licensing Committee of decisions/cases considered, details to be redacted so they were suitable for a public meeting.

 

This amendment was carried unanimously.

 

The Committee:

 

Councillor Carling took part in the debate but left the Committee for another commitment before the vote was taken and did not return.

 

Resolved (by 8 votes to 0):

      i.          Approved the Cambridge City Council’s Hackney Carriage and Private Hire Licensing Policy attached as Appendix 1 to the Officer’s report.

     ii.          Approved the Private Hire Operators Hearing Procedure attached as Appendix 4 to the Officer’s report.

   iii.          The Environmental Health Manager to liaise with Committee Chair:

a.    To develop a procedure about which decisions should be taken by officers or councillors.

b.    To review the procedure in 2023.