Apologies for absence were received from Councillor G Carpenter who was substituted by Councillor Galer and Councillor Borg who was substituted by Councillor Green.

There were no declarations of interest at this meeting.

The minutes of the meeting held on 4th November 2024 were confirmed.

Members received and considered the report from the Licensing and Elections Manager. It was reported that two decisions would be required in relation to this report. Members were asked to decide whether to approve in principle, subject to the formal advertising process, the proposed hackney carriage fare increase and time amendment in respect of the time tariffs as outlined in the report. Members were also asked to decide whether to add a condition to the Hackney Carriage and Private Hire policy that hackney carriage meters are calendar/time controlled

The Licensing and Elections Manager reported that fare increases are typically considered upon request from the taxi trade and that the most recent fare increase took place in 2022. It was stated that a request was received from the taxi trade and discussions were held with several members of the taxi trade regarding an increase to the table of fares and the proposed tariff was created. Following amendments suggested by these representatives, the proposals were shared with the taxi trade through a consultation in which they were invited to respond to a short survey regarding the tariff increase. It was reported that 123 responses were received, with 107 taxi drivers being in favour of the increase. The Licensing and Elections Manager stated that a summary of the comments received from the taxi trade could be found in appendix 2.

The Licensing and Elections Manager outlined the proposed fare increase and time amendment in respect of the times tariffs are in operation as per the report on pages 9-12 of the agenda.

Councillor Jeal asked how the hackney carriage fares would compare to those in other districts within Norfolk if these increases were to be approved. The Licensing and Elections Manager explained that Great Yarmouth would sit just under Breckland and East Suffolk on the table included on page 10 of the agenda. Councillor Jeal requested clarification on whether this would mean that a 2 mile tariff one fare would be increased to £8. The Licensing and Elections Manager confirmed that this was correct.

Councillor Robinson-Payne asked how many taxi drivers had been invited to take part in the consultation in which 123 responses were received. The Licensing and Elections Manager confirmed that all 442 licensed taxi drivers had been invited to respond to the consultation.

Councillor Galer asked if the yardage on the tariffs stated in the report were correct – the Licensing and Elections Manager confirmed that the yardage was correct.

Councillor Annison proposed that the proposed fare increases including the tariff start time amendment be approved in principle subject to results of the formal advertising process and consultation. Councillor Galer seconded this motion.

Following a vote, it was RESOLVED:

That the proposed fare increases including the tariff start time amendment be approved in principle subject to results of the formal advertising process and consultation.

The Licensing and Elections Manager reported that during discussions with the taxi trade it was suggested that meters should be calendar/time controlled to prevent any incorrect selection of the appropriate tariff. It was added that if the Committee approves the proposed new condition of all meters being calendar/time controlled then this would be added to the Hackney Carriage and Private Hire policy with the suggestion that it takes effect for all plate holders at the time of an amendment to their meter by an authorised meter agent within 6 months.

Councillor Cordiner-Achenbach asked whether there would be an additional cost for the taxi drivers for this change. The Licensing and Elections Manager stated that the meters can be locked at the time that the drivers have their meters changed so there should be no extra cost.

Councillor Annison proposed a motion to approve the amendment to the Hackney Carriage and Private Hire policy which will include requirements for all meters to be calendar/time controlled to allow the automatic selection of the correct tariff. Councillor Mogford seconded this motion.

Following a unanimous vote, it was RESOLVED:

That the amendments to the Hackney Carriage and Private Hire policy which will include requirements for all meters to be calendar/time controlled to allow the automatic selection of the correct tariff be approved.

Members received and considered the report from the Licensing and Elections Manager. It was reported that at the previous Licensing Committee meeting on 4^th November 2024 the Committee approved amendments to multiple taxi ranks within Great Yarmouth, however the Committee did not agree to the proposed amendments to the taxi rank on Temple Road. It was explained that this decision was contrary to the already approved Traffic Regulations Order (TRO). Officers sought advice from Counsel who advised that this decision was unenforceable, therefore a notice to rescind this decision was approved at Full Council on 12^th December 2024, meaning that this decision would be brought back to the Licensing Committee including further information such as the written advice from Counsel.

It was added that the proposal would be to amend the operating hours of the existing taxi rank on Temple Road (east side) from use at all times to use between 11pm and 5am. There would also be a new rank on Theatre Plain which is located a 2 minute walk away from the existing rank on Temple Road – it was noted that the walk between the two ranks is well lit, in a populated area with CCTV cameras that are monitored and include direct links to the police should there be any anti-social behaviour related incidents. It was added that the police have no objections to the proposed amendments as included in the report.

It was reported that signage is included I the design and will be put in place during the bus improvement works to signpost the public to the new taxi ranks during the day.  The Licensing and Elections Manager added that taxis can utilise the loading bay outside of KFC after 9pm which would allow for the collection of individuals exiting the bars and pubs on Regent Road and Temple Road.

The Licensing and Elections Manager reported that if the Committee were to not agree with the proposed amendments, then there would be confusion between the bus and taxi drivers. It was noted that this decision would also be open for judicial review and Counsel have advised that it would be unlikely that the Council would win in a judicial review against Norfolk County Council (NCC) regarding this matter.

The Licensing and Elections Manager explained that the recommendation was as follows:

That the committee:

1) Approves the following amendment to the operating hours of the existing first class hackney

carriage stand Temple Road (east side) amendment of stand timings from use at all times to use

between 11pm and 5am (previously 25 hours).

2) Notes the previous decisions of the Committee of the 4th November in support of the wider

changes associated with this programme of works.

Councillor Jeal asked how many taxi drivers were consulted on these proposed amendments and how many replied – he added that the Council should also have been consulted by NCC before any decisions were made regarding the bus improvement plans. The Licensing and Elections Manager confirmed that the consultation was arranged by NCC in conjunction with the Council to include the main operators of taxis in Great Yarmouth and the taxi association. The Head of Environment and Sustainability stated that there were approximately 20 representatives from different organisations in attendance at the transport meeting that was conducted before the public consultation. It was added that these were representatives on behalf of the taxi trade.

Councillor Cordiner-Achenbach stated that the bus improvement plans and the effects on the hackney carriage ranks have not been communicated well. It was added that NCC should have consulted the Council before the bus improvement plans were approved as she believes that the Licensing Committee have not been given a real choice in this matter.

Councillor Robinson-Payne expressed her disappointment that members of the Committee signed the motion to rescind the decision at Full Council when the previous vote resulted in a unanimous decision where it was clear that the Committee were against the amendments to the Temple Road rank. It was stated that there is apparent confusion amongst the taxi trade as the communication regarding these proposed amendments has not been sufficient. It was added that the Committee should stand firm and continue to oppose the proposed amendments despite the motion to rescind the previous decision.

Councillor Thompson asked whether the loading bay outside of KFC would still be available for public use after 9pm or whether it would just be for taxis. The Licensing and Elections Manager confirmed that this would just be for the use of taxis and that NCC would provide signage to show this.

Councillor Thompson stated that it seems like the Licensing Committee are being forced into agreeing to the proposed amendments and that NCC should not have started on the bus improvement works until after this Committee meeting.

Councillor Annison stated that he still feels that these amendments will have a negative impact, however the Committee are in a unique situation as there is conflicting information and legislation. It was added that at the previous meeting the information that had been provided regarding the advice from Counsel was not provided and the risk of the judicial review was not explained which may influence members to make a different decision. It was added that the decision at this meeting would not have an impact as NCC has already commenced the works for the bus improvement plans. Councillor Annison stated that he disagrees with taking away the hackney carriage rank, however turning down the amendments may lead to Council losing money as Counsel has advised that NCC would likely win should at judicial review.

Councillor Jeal stated that he remained opposed to the amendments and his mind would not be changed. It was added that he has never known a Licensing Committee to have a decision overturned as the members are supposed to be trusted to represent the residents of the Borough. Councillor Jeal agreed with his fellow Councillors that the Council should have been consulted on the changes much earlier.

Councillor Newcombe stated that there is no information in the report that suggests that the taxi trade will retain the same livelihood with these changes. The Head of Environment and Sustainability stated that the opinion of the representatives of the taxi trade was that two larger ranks would be more beneficial and would have less of an impact on the drivers’ livelihoods. It was added that the Temple Road rank will still be available between 11pm and 5am, as well as the loading bay outside of KFC from 9pm – this means that there is an increase in the number of ranks available at night time which should have a positive impact on the taxi trade. The Monitoring Officer requested clarification on the hours where the existing Temple Road rank will be out of use for taxis. It was confirmed that this rank would be unavailable to drivers between 5am and 11pm.

Councillor Newcombe asked whether taxis have always been able to use the loading bay outside of KFC. The Licensing and Elections Manager confirmed that this was always available to taxi drivers, though it has been rarely utilised.

Councillor Galer stated that these bus improvement plans are positive as the bus routes will be altered in order to utilise Herring Bridge was cost a lot of money and should be utilised.

The Monitoring Officer requested that the Solicitor provide the Committee with a summary of the advise provided by Counsel. The Solicitor explained that there are two pieces of legislation that conflict and both cannot stand as there is a public safety concern whilst confusion exists on whether the taxis or the buses should be using this area. It was noted that at the previous meeting it was unclear which would take priority, therefore advise was sought from Counsel who confirmed that the TRO would take precedence and therefore NCC would likely win at judicial review. The Monitoring Officer added that if the Committee do not approve the amendments, then the bus and taxi driver will both be put in a position of committing an offence under one of the pieces of legislation. It was noted that Counsel has been clear that the TRO would have primacy.

Councillor Robinson-Payne asked why Counsel advice was not sought before the previous meeting and why NCC assumed that the Licensing Committee would agree to the proposed amendments without consulting the Council.

Councillor Galer proposed a motion to approve the amendment to the operating schedule of the Temple Road hackney carriage rank as written in the report. This motion was seconded by Councillor Mogford.

Councillor Jeal requested that his vote against this proposal be recorded.

Following a vote, it was RESOLVED that the Committee:

1) Approves the following amendment to the operating hours of the existing first class hackney carriage stand Temple Road (east side) amendment of stand timings from use at all times to use between 11pm and 5am (previously 25 hours).

2) Notes the previous decisions of the Committee of the 4th November in support of the wider changes associated with this programme of works.

There were no additional items of business at this meeting.