Agenda, decisions and draft minutes

Regulatory and Appeals Committee - Thursday, 21st April, 2022 10.00 am

Venue: the Council Chamber

Items
No. Item

55.

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:

There was no disclosures of interest.

56.

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 inspection of reports or background papers.

57.

MEMBERSHIP OF SUB-COMMITTEES

The Committee will be asked to consider recommendations, if any, to appoint Members to Sub-Committees of the Committee.

 

                                                            (Sheila Farnhill – 01274 432268)

Minutes:

There we no membership changes.

 

58.

PROPOSED CHANGES OF THE HACKNEY CARRIAGE TABLE OF FARES pdf icon PDF 176 KB

A request was submitted on the 23rd March 2022 by the Hackney Carriage Owners and Drivers Trade Association and the Hackney Carriage Trade Association, to increase the fare charged to the customer by increasing the charge for the distance.

 

The fare for Hackney Carriages was last increased on the 1st December 2021, this was the first increase in some 10 years. This is therefore an unusual request for a further increase resulting from the sudden upsurge in Fuel Costs.

 

The Strategic Director Place will submit a report (Document “T”) which sets out a request from the Hackney Carriage Proprietors and Drivers to the Licensing Service for a variation to the Table of Fares, as a way to increase the fare charged to the customer.

 

Recommended –

 

It is recommended that provided there has been no meaningful or justified objections, the Council agree to the variation submitted by the Hackney Carriage Associations and allow Hackney Carriage Drivers to change the new fare set out in Appendix 2 to Document “T”, as of Monday the 25th April 2022.

(Steven Knighton - 07582 101567)

Decision:

Resolved –

 

(1)  Further to objection received, the Council agree to the variation submitted by the Hackney Carriage Associations and allow Hackney Carriage Drivers to change the new fare set out in Appendix 2 to Document “T”, as of 25th June 2022; or

 

(2)  that provided the objection has been subsequently withdrawn, the Council agree to the variation submitted by the Hackney Carriage Associations and allow Hackney Carriage Drivers to change the new fare set out in Appendix 2 to Document “T”, as of 25th April 2022.

 

 

(Steven Knighton - 07582 101567)

 

Minutes:

The Strategic Director Place submitted a report (Document “T”) setting out a request from the Hackney Carriage Proprietors and Drivers to the Licensing Service for a variation to the Table of Fares, as a way to increase the fare charged to the customer.

A request was submitted on the 23rd March 2022, by the Hackney Carriage Owners and Drivers Trade Association and the Hackney Carriage Trade Association, to increase the fare charged to the customer by increasing the charge for the distance.

The fare for Hackney Carriages was last increased on 1st December 2021, this was the first increase in ten years. Members were advised that this was an unusual request for a further increase resulting from the sudden upsurge in fuel costs.

The proposed changes were an additional 50p on the initial fare on tariffs 1 and 2 (11pm to 7am Monday to Saturday, Sundays and Bank Holidays) and additional 10p for each minute of waiting time on tariffs 2 and 3 (Christmas Day and New Year’s Eve).

Members were informed that the new fares were due to come into effect as of Monday 25th April 2022. However, one person had objected to the proposals, implicating that a further consultation of two months was required, inevitable drivers could not increase the fares until 25thJune 2022.

The Enforcement Manager informed the Committee that if Members were minded to approve the increase, that officers would need to speak to the objector and see if they were willing to withdraw their objection which would allow the rise to come into effect as of Monday 25th April 2022.

The Chair stressed that the last increase was eleven years ago and acknowledged the great services provided by Hackney Carriage drivers and recognised the need to support them.

Resolved –

 

(1)          That further to the objection received, the Council agree to the variation submitted by the Hackney Carriage Associations and allow Hackney Carriage Drivers to change the new fare set out in Appendix 2 to (Document “T”) as of 25th June 2022; or

 

(2)         That provided the objection has been subsequently withdrawn, the Council agree to the variation submitted by the Hackney Carriage Associations and allow Hackney Carriage Drivers to change the new fare set out in Appendix 2 to (Document “T”) as of 25th April 2022.

ACTION: Strategic Director Place

 

59.

PUBLIC SPACE PROTECTION ORDER FOR BRADFORD DISTRICT RELATING TO ANTISOCIAL BEHAVIOUR ARISING FROM MISUSE OF VEHICLES pdf icon PDF 323 KB

The Assistant Director Neighbourhoods and Customer Services will submit a report (Document “U”) which outlines the proposals and seeks approval to implement variations and to extend or discharge the existing Public Space Protection Orders (PSPO’s) Public Space Protection Order for Bradford District relating to antisocial behaviour arising from misuse of vehicles.

 

Recommended –

 

The Committee approves:

 

(1)       To extend the proposed Public Space Protection Order against the     anti-social use of vehicles across the district

 

(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:

Decision:

Resolved –

 

The Committee approves:

 

(1)       To extend the proposed Public Space Protection Order             against the anti-social use of vehicles across the district

 

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

(Michael Churley - 01274 432816)

 

Minutes:

The Strategic Director Place submitted a report (Document “U”) which outlined the proposals and sought approval to implement variations and to extend or discharge the existing Public Space Protection Orders (PSPO’s) Public Space Protection Order for Bradford District relating to antisocial behaviour arising from misuse of vehicles.

Approval was sought to extend the district-wide Public Space Protection Order (PSPO’s) that provided Police and Council Wardens power to tackle anti-social drivers.

In March 2014, the Government enacted new powers contained in the Anti-Social Behaviour, Crime and Policing Act 2014 (later referred to as ‘the Act’) relating to tackling anti-social behaviour including the making by local authorities of PSPOs which could prohibit certain types of antisocial behaviour and make breaches of such subject to fixed penalties and prosecution before the Magistrates Court subject to a fine not exceeding £1000.00.

This was a Council lead initiative and authorisation was given to West Yorkshire Police, with delegated powers to enforce any breaches of PSPO.  Signage notifying the public was placed in each Council ward in the district including key arterial routes.

The proposal was to extend the PSPO for a further three years to build on the measures taken thus far and a consultation of members of the public had taken place during March 2022.

The key findings from the consultation were highlighted in the report, Members were advised that around 1600 responses were submitted and 95% of respondents supported the extension of the Public Space Protection Order.

A Member was keen to see the number of responses received in their constituent and requested demographic breakdown of the survey.

In the ensuing debate, Members raised a number of points, including issue with motorists’ parking on pavements and stressed that no consideration was given to pedestrians, in particular wheelchairs users and pedestrians with pushchairs. Members further stressed that parking on pavements was not acceptable and that motorists should be made aware of dangerous parking.

Notwithstanding a Member’s request if the problem of pavement parking could be included in the PSPO, the Committee was advised that national legislation with regards to pavement parking was expected to be announced in the near future, therefore the Public Space Protection Order would not include pavement parking.

Members also raised concerns with regards to businesses selling vehicles on a public highway which caused congestion parking. The Safer Communities Co-ordinator advised the Committee selling cars on street was being interpreted as ‘street-trading’ and if a member of public had concerns of a business selling vehicles on a road, they could ask the Council to take enforcement action.

In response to a Member’s question, officers informed the Committee that wardens were currently being trained to take enforcement action for nuisance parking. Wardens were fitted with body cameras to help reporting vehicles in breach. Members stressed that pavement parking was a huge problem, in particular outside schools, this posed a real danger.

 

Resolved –

 

The Committee approves:

 

(1)       To extend the proposed Public Space Protection Order   against the anti-social use of vehicles across  ...  view the full minutes text for item 59.