Agenda, decisions and minutes

Regulatory and Appeals Committee
Thursday, 27th May, 2021 10.00 am

Venue: Council Chamber - City Hall, Bradford. View directions

Contact: Yusuf Patel 

Items
No. Item

1.

DISCLOSURES OF INTEREST

(Members Code of Conduct - Part 4A of the Constitution)

 

To receive disclosures of interests from Members and co-opted members on matters to be considered at the meeting. The disclosure must include the nature of the interest.

 

An interest must also be disclosed in the meeting when it becomes apparent to the Member during the meeting.

 

Notes:

 

(1)       Members may remain in the meeting and take part fully in discussion and voting unless the interest is a disclosable pecuniary interest or an interest which the Member feels would call into question their compliance with the wider principles set out in the Code of Conduct.  Disclosable pecuniary interests relate to the Member concerned or their spouse/partner.

 

(2)       Members in arrears of Council Tax by more than two months must not vote in decisions on, or which might affect, budget calculations, and must disclose at the meeting that this restriction applies to them.  A failure to comply with these requirements is a criminal offence under section 106 of the Local Government Finance Act 1992. 

 

(3)       Members are also welcome to disclose interests which are not disclosable pecuniary interests but which they consider should be made in the interest of clarity.

 

(4)       Officers must disclose interests in accordance with Council Standing Order 44.

Minutes:

At the commencement of the meeting, the following disclosures were made in the interests of clarity:

 

·         Councillors, Warburton, Wainwright and Brown disclosed that they had been members of the committee when both agenda items were previously discussed but undertook to consider the items wholly on the information provided at this meeting.

 

·         Councillor Shafiq disclosed an interest in the item regarding the proposed changes of the hackney carriage and private hire vehicle licensing condition specification as he had a family member who ran private hire business.

 

During consideration of the item regarding the proposed changes of the hackney carriage and private hire vehicle licensing condition specification, Councillor Ali disclosed that he had a family member who drove a taxi on a casual basis.

 

ACTION: City Solicitor

2.

MINUTES

Recommended –

 

That the minutes of the meeting held on 15 April 2021 be signed as a correct record.

 

(Yusuf Patel – 07970 411923)

Minutes:

Resolved –

 

That the minutes of the meeting held on 15 April 2021 be signed as a correct record.

 

ACTION: City Solicitor

3.

INSPECTION OF REPORTS AND BACKGROUND PAPERS

(Access to Information Procedure Rules – Part 3B of the Constitution)

 

Reports and background papers for agenda items may be inspected by contacting the person shown after each agenda item.  Certain reports and background papers may be restricted. 

 

Any request to remove the restriction on a report or background paper should be made to the relevant Strategic or Assistant Director whose name is shown on the front page of the report. 

 

If that request is refused, there is a right of appeal to this meeting. 

 

Please contact the officer shown below in advance of the meeting if you wish to appeal. 

 

(Sheila Farnhill - 01274 432268)

Minutes:

There were no requests to review restrictions on reports or background papers.

4.

MEMBERSHIP OF SUB-COMMITTEES

Recommended -

 

(1)       That the Panels set out in Document “A” (TO BE TABLED) be appointed with memberships as shown and with the role and functions as contained in the Articles of the Council’s Constitution and subject to the Rules of Procedure contained in Part 3 of the Constitution.

 

(2)       That the Chairs and Deputy Chairs be appointed to the Panels as indicated in Document “A”.

 

                                                            (Yusuf Patel – 07970 411923)

Minutes:

Resolved -

 

(1)       That the Panels set out in Document “A” be appointed with memberships as shown and with the role and functions as contained in the Articles of the Council’s Constitution and subject to the Rules of Procedure contained in Part 3 of the Constitution.

 

(2)       That the Chairs and Deputy Chairs be appointed to the Panels as indicated in Document “A”.

 

ACTION: City Solicitor

 

 

5.

PUBLIC SPACE PROTECTION ORDER FOR BRADFORD DISTRICT RELATING TO ANTISOCIAL BEHAVIOUR AT ILKLEY RIVERSIDE PARKS pdf icon PDF 182 KB

The Assistant Director Neighbourhoods and Customer Services will submit a report (Document “B”) which provides a summary of the responses from the statutory consultation on the proposed Public Space Protection Order for Ilkley Riverside Parks area and submission of the proposed Order for this Committee’s approval.

 

Recommended –

 

The Committee approves:

 

(1)       The proposed PSPO and boundary as outlined at Appendix C

            and D.

 

(2)       The Strategic Director, Place, be authorised to take all necessary        actions to implement and make the PSPO operational.

 

(Michael Churley - 01274 432816)

 

Additional documents:

Minutes:

Previous reference: Minute 57 (2020/21)

 

The Assistant Director Neighbourhoods and Customer Services submitted a report (Document “B”) which provided a summary of the responses from the statutory consultation on the proposed Public Space Protection Order for Ilkley Riverside Parks area and submission of the proposed Order for this Committee’s approval.

 

He reminded members that the reason for the consultation was the increased incidence of anti-social behaviour in the Riverside area and advised that the consultation had received a very good response with a high number of respondents being in favour of the proposed PSPO.

 

Some respondents expressed concern about the proposed PSPO, stating that they did not want to prevent visitors coming to enjoy the attractions of Ilkley.

 

It was also noted that, although the proposed PSPO included a prohibition on overnight camping, the park’s bye-laws already prevented it. It was proposed to keep the prohibition within the PSPO to ensure it mirrored the bye-laws.

 

Members were also advised that approval of the PSPO would be subject to a final review by the City Solicitor.

 

A Member asked a series of the questions about the proposal, including:-

·         Who would enforce the PSPO ?

·         Was there an alternative to issuing fines ?

·         Could the bridge be made safer in order to prevent people jumping from it into the river ?

 

In response, he was advised that the area was patrolled by the Police as well as wardens and youth workers and that fines would only be issued as a last resort, if advice and warnings had no effect. He was also advised that the bridge was over 100 years old and would require very careful handling for changes to be made. The basic safety issue with jumping into the river was the shallowness of the water in which a person would be jumping.

 

A members also queried what the penalty of breaching park bye-laws would be as overnight camping could now potentially carry a considerable fine. He was advised that the bye-laws had previously been very difficult to enforce and that, although not a major issue, overnight camping was recommended to remain in the PSPO in order to make it as clear as possible to people that it was prohibited. It was stressed that the order would be equally applicable to everyone and was not intended to discriminate against any particular community. The member expressed some concern that the prohibition of camping could potentially adversely affect the traveller community more than any other. Other Members noted that there were other avenues to work with the traveller community and that this prohibition was intended to deal with unwanted leisure campers.

 

A local councillor attended the meeting and thanked the Assistant Director, his team and the Police for all the work undertaken in getting the PSPO to this stage. He considered it a necessary device to deal with the ongoing anti-social behaviour that had been experienced for a number of years. He also considered the issue of enforcement to be important,  ...  view the full minutes text for item 5.

6.

PROPOSED CHANGES OF THE HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE LICENSING CONDITIONS AND VEHICLE SPECIFICATION pdf icon PDF 336 KB

The Strategic Director Place will submit a report (Document “C”) which sets out proposed changes to the Hackney Carriage and Private Hire Vehicle Licensing Conditions and Vehicle Specification so that they align with the
Clean Air Plan (CAP) and Clean Air Zone (CAZ) standards effective from the 5th January 2022.

 

Recommended –

 

(1)       It is recommended that all currently licensed vehicles, regardless        of their emission standards, can remain and continue to be     licensed to their maximum age of 10 years for Non-Wheelchair     Accessible Vehicles and 12 years of age for Wheelchair Accessible Vehicles. This is subject to the following:

 

(i)           The vehicle must pass its annual and any other vehicle compliance inspection.

(ii)          The vehicle must remain continuously licensed and with the same Proprietor.

 

(2)       All vehicles presented for first licensed after the 27h May 2021 must meet the CAZ requirements.

 

(3)       All new and currently licensed vehicles which meet the CAZ      standards at section 3 can be licensed up to a maximum of 15          years of age. This is subject to the following:

 

(i)           The vehicle must pass its annual and any other vehicle compliance inspection.

(ii)          The vehicle must remain continuously licensed and with the same Proprietor.

 

(4)       All non CAZ compliant, currently licensed vehicles that have     exceeded the maximum age or will exceed this maximum age      before the CAZ is introduced be permitted to apply for a short            term licence up until December 31st 2021.

 

(5)       Vehicles which are sold from one vehicle to another proprietor,            known as transfers will be classified as a new vehicle for the            purchasing proprietor and must meet the new proposed vehicle             specification.

 

(6)       For hackney carriage vehicles the exchange vehicle must meet            the new proposed specification.

 

(Carol Stos - 07582 101569)

Minutes:

Previous Reference: Minute 59 (2020/21)

 

The Strategic Director Place submitted a report (Document “C”) which set out proposed changes to the Hackney Carriage and Private Hire Vehicle Licensing Conditions and Vehicle Specification so that they aligned with the
Clean Air Plan (CAP) and Clean Air Zone (CAZ) standards effective from the 5th January 2022.

 

Members were advised that the effect of the proposed changes would be to allow older but cleaner vehicles to stay on the road to help the trade to make the transition to being compliant with the CAP and CAZ. It was also highlighted that the grants being offered to the trade to purchase a compliant vehicle were the second most generous in the country.

 

Members had various questions about the effect of the CAZ, the amount of grants available, the £12.50 daily charge and the perceived difference in dealing with hackney carriage and private hire vehicles but it was noted that the purpose of this report was simply to consider changes to the vehicle specification and that, therefore, those questions should be directed elsewhere.

 

A member queried whether a driver who leased a vehicle but then bought it from the leasehold company could be considered to have transferred ownership and thus be disadvantaged by the proposed changes. In response, he was advised that each case would be dealt with on its individual circumstances.

 

Another member asked how many licensed drivers there were in the District and how many had responded to the recent snap survey. He was informed that there were 5000 licensed drivers but only 1500 had responded.

 

A member noted that deferring consideration of this matter would not help drivers to deal with their obligation under the CAZ, which would be coming into force in January 2022.

 

The Chair also read out a statement from two councillors who had been members of the Committee when this item was considered previously but who were not present at this meeting. The statement noted that their ongoing concerns were about the CAZ and that they would continue to support the communities affected.

 

Several representatives of the trade attended the meeting and spoke in respect of matters such as the Euro 6 diesel vehicle standard, the difficulties they had encountered during the pandemic which were still affecting their business, the proposed £12.50 daily charge for non-compliant vehicles to enter the city centre and the financial problems around swapping vehicles at the present time.

 

Members of the Committee expressed their sympathy for the views being outlines but re-iterated that they had no remit to discuss them at this meeting. It was considered that a request could be made to the appropriate officers and the portfolio holder to have a meeting with trade representatives to discuss those concerns.

 

Members also noted the difficult time which the trade had been through but also recognised that the Council must introduce the CAZ and that the effect of not approving the proposed changes set out in the report would be  ...  view the full minutes text for item 6.

7.

SCHEDULE OF MEETINGS 2021- 2022

All meetings will commence at 10.00 a.m. in City Hall, Bradford (with a Legal Briefing at 0915):

 

Thursday 24 June 2021

Thursday 29 July 2021

Thursday 19 August 2021

Thursday 23 September 2021

Thursday 21 October 2021

Thursday 18 November 2021

Thursday 16 December 2021

 

Thursday 20 January

Wednesday 16 February 2022

Thursday 24 March 2022

Thursday 21 April 2022

Thursday 12 May 2022

 

(Yusuf Patel – 07970 411923)

 

Minutes:

Members noted the schedule of meetings set out below. All meetings would commence at 10.00 a.m. in City Hall, Bradford (with a Legal Briefing at 0915):

 

Thursday 24 June 2021

Thursday 29 July 2021

Thursday 19 August 2021

Thursday 23 September 2021

Thursday 21 October 2021

Thursday 18 November 2021

Thursday 16 December 2021

 

Thursday 20 January

Wednesday 16 February 2022

Thursday 24 March 2022

Thursday 21 April 2022

Thursday 12 May 2022

 

ACTION: City Solicitor