Agenda and draft minutes

Licensing Committee - Tuesday, 6th September, 2022 5.30 pm

Venue: Council Chamber - Civic Centre, St Luke's Avenue, Harrogate HG1 2AE. This meeting will be livestreamed here: https://bit.ly/HarrogateYouTube (Copy and paste the link in your browser).

Contact: Charles Casey, Democratic Services Officer  Tel: 01423 500600 Email: democraticservices@harrogate.gov.uk

Items
No. Item

7.

Apologies for Absence:

Minutes:

07/22 – APOLOGIES FOR ABSENCE: Apologies for absence had been received from Councillors Trevor Chapman, Sam Green and Stuart Martin.

 

(5.30 pm)

8.

Declarations of Interest:

Members to advise of any declarations of interest.

Minutes:

08/22 – DECLARATIONS OF INTEREST: There were no declarations of interest declared at the meeting.

 

(5.31 pm)

9.

Minutes: pdf icon PDF 267 KB

Of the meeting of the Committee held on 8 June 2022.

Minutes:

09/22 – MINUTES:  The Minutes of the meeting of the Committee held on 8 June 2022 were approved as a correct record and signed by the Chair.

 

(Five Members voted for and there were two abstentions.)

 

(5.31 pm)

10.

Exempt Information:

To determine whether to exclude the press and public during the consideration of any exempt information items.

Minutes:

10/22 – EXEMPT INFORMATION: There were no exempt information items.

 

(5.31 pm)

11.

Public Arrangements - Questions:

To consider any questions under Standing Order 27.

Minutes:

11/22 – PUBLIC ARRANGEMENTS – QUESTIONS: There were no questions to consider under Standing Order 27.

(5.32 pm)

12.

National Register of Taxi Licence Revocations and Refusals (NR3) - Adoption of operational policies: pdf icon PDF 232 KB

The Head of Safer Communities to submit a written report.

Additional documents:

Minutes:

MATTER REFERRED TO COUNCIL FOR CONSIDERATION

 

12/22 – NATIONAL REGISTER OF TAXI LICENCE REVOCATIONS AND REFUSALS (NR3) – ADOPTION OF OPERATIONAL POLICIES: The Food, Licensing and Occupational Safety Manager (FLOSM) submitted a written report which sought to incorporate proposed operational polices and documents into the current Hackney Carriage and Private Hire Licensing Policy, to enable the use of the National Register of Taxi Licence Revocations and Refusals, known as the NR3 Register. This had been implemented by the Local Government Association (LGA) and the National Anti-Fraud Network (NAFN).

 

A report on the introduction of the NR3 Register was previously considered and approved by the Committee on the 11 March 2020. The FLOSM advised that NR3 searches and provision of information under NR3 were necessary for the Council’s licensing functions of ensuring that all drivers were fit and proper to hold the applicable licence. On signing up to the NR3 the Council would be able to search the register when an application was received for a new drivers licence, or to renew an existing driver’s licence. If a match was found, then a request could be made to the authority that entered the information onto the NR3 asking for more details of the revocation or refusal of a drivers’ licence. To comply with the Data Protection Act, the General Data Protection Regulations, and the Human Rights Act, it was essential that the authority which provided information about entries on the NR3 register, and the authority that requested and received such information, have a clear policy detailing how and when such information would be requested, provided, and how any information provided could then be used.

 

The following documents were attached the report:

 

Appendix 1 contained amendments to the existing Licensing policies and forms incorporating the NR3.

Appendix 2 set out the notification of existing Licensees of NR3.

Appendix 3 set out the notification of former licence holders or applicants whose details will be entered onto NR3.

Appendix 4 contained policy relating to requests for information, disclosure of information, and use of information as a result of an entry on NR3, including template disclosure form

 

In response to a question the FLOSM informed Members that all the authorities going forward to LGR were using NR3 and the new authority would also be using NR3 so work was being conducted to ensure that commensurate polices were adopted. NR3 policies between the different authorities were likely to be similar given that they were based on National Guidance. The Licensing department often consulted outside bodies such as the police when considering applications, there were specific data protection policies that ensured data was consistently protected in these consultations. In response to further questions the FLOSM answered that when they had received an application the Licensing officers conducted multiple identity verification checks including the mandatory ‘right to work’ check which involved checking all documents such as passport, driving licence etc. A DBS check identified a driver and checks for any previous names and previous addresses that might have  ...  view the full minutes text for item 12.