14
Her Worship the Mayor called upon Councillor Wells to present the motion.
Motion
Councillor Wells presented the Motion on Notice as follows :
Following Licensing Committee’s decision on 4th November NOT to agree changes to the Temple Road Hackney Carriage Stand, it has transpired that this decision creates an unacceptable clash between two pieces of legislation.
The reason for the proposed change is the County Council’s Bus Improvement Plan, for which the County Council, as Traffic Authority, intend to make a Traffic Regulation Order under the Traffic Regulation Act 1984. The proposed changes would require amendments to the existing Hackney Carriage stand at Temple Road, changing the hours from use at all times to use between 11pm and 5am, while other nearby ranks will increase in size and have operating times extended.
It has come to light that at the time Licensing Committee made their decision, they did not have full legal and practical information to ensure that they made a fully informed decision about the proposed change.
For this reason, the motion proposes that the decision is rescinded to allow Licensing Committee to reconsider the decision with a full range of information, including clear plans, and as necessary, further input from the County Council.
It will also give Officers the opportunity to engage further with the County Council before the matter is next heard by Licensing Committee, and will avoid unnecessary risk to both authorities arising from the legislative clash.
The Monitoring Officer advised that the motion to be considered by Council had been submitted following advise received from Counsel, a summary of the advise received was given and Members were advised that the rescinding of the decision, if approved would allow the Licensing Committee time to reconsider the matter taking on board the advise given from Counsel on the matter.
Councillor Plant hereby seconded the motion.
Councillor Robinson-Payne commented that she was surprised and saddened to see the motion on the agenda for Council, as the original decision had received a unanimous decision at the recent Licensing Committee. Councillor Robinson-Payne disagreed that the Licensing Committee had not received the correct legal advise at the time of the decision, as this had been given at the meeting and Members were aware of the advise and that the matter could be subject to legal challenge. Councillor Robinson-Payne commented that she was dissappointed that this matter was still being discusses as it had been to the Licensing Committee three times for consideration.
Councillor Jeal commented that he had never been aware of a time that the Council had rescinded a quasi-judicial decision and voiced his disappointment for this matter being considered. Councillor Jeal advised that the Solicitor, Nplaw had fully explained to the Committee regarding the rights to preventing the County Council traffic order, and reiterated Councillor Robinson-Payne's comments with regard to the matter being heard 3 times. He commented that as there were several County Councillors appointed to sit on the Licensing Committee, he felt that they should have been aware of this matter. Councillor Jeal raised concern with regard to the hearing of the matter again by Licensing Committee as he felt that Members would be pre determining their decision.
The Leader advised that he had raised the matter of pre determination with the Monitoring Officer and had been advised this would not pre determine Members, it would simply allow for a clean slate for the Committee to consider the matter again.
The Leader advised that whilst he acknowledged it had been a unanimous decision of the Committee, he did not feel that all the facts had been presented to the Committee and this would allow the Committee time to reconsider the decision taking into account the advise from Counsel.
Councillor Candon commented that it did appear there was a mixed level of communication between legislation and regulations and in light of new advise that had been received from Counsel he agreed that this matter should be reconsidered as he felt in his opinion the advise that had been given at the time of meeting was incorrect. Councillor Jeal here raised a point of order regarding comments from Councillor Candon with regard to incorrect information being given but it was advised that this had been Councillor Candons opinion of the situation and not a statement.
Councillor Wells commented that he did not like the need for repeat meetings, but agreed in this instance in light of advise from Counsel and the need for the Licensing Committee to be able to understand this advise, there was a need to allow the Committee the oppurtunity to reconsider the matter. Councillor Wells commented that he fully appreciated the frustrations with regard to this matter having to be reconsidered.
Councillor Martin advised that there was a need to consider Health and Safety on this matter but was advised that this would need to fed into the debate at the Licensing Committee.
Councillor Jeal commented that he had been present at the meeting of the Licensing Committee and all Councillors had received the same advise from the legal representative at that meeting. The Monitoring Officer advised that this advise had been based on legal advice and had not included traffic regulations advise.
Her Worship the Mayor commented that there was a need to consider the duty of care to residents when the Committee were considering the matter.
Councillor Plant advised that this matter had been brought forward to Council in light of additional information being brought forward, therefore the Committee should be given the oppurtunity to reconsider the decision to be able to make an informed decision.
Proposer : Councillor Wells
Seconder : Councillor Plant
That approval be given to the motion on notice to rescind a decision made by the Licensing Committee at its meeting held on the 4 November 2024 in relation to Amendments to Hackney Carriage Ranks – Market Gates, Theatre Plain and Temple Road.
CARRIED
The following Members asked that their vote to abstain be recorded within the minutes.
Councillors Capewell, Green, Jeal, Martin, McCluskey, McMullen, Newcombe, Pilkington, Robinson-Payne, Sharp, Thompson, Upton, Waters-Bunn, Williamson, T wright and B Wright.