Agenda item - Horse Drawn Carriage Licence Conditions

Report of the Head of Planning and Public Protection (copy attached)

8.1       The Committee considered a report of the Head of Planning and Public Protection recommending that the Committee agree to formalise the Council’s policy of not issuing licences to horse drawn vehicles.

8.2         The Head of Environmental Health and Licensing explained that under Section 37 of the Town Police Clauses Act 1847, the Council had discretion to license to ply for hire such number of hackney coaches or carriages of any kind or description adapted to the carriage of persons as it considered fit as long as it had exercised that discretion reasonably  and had taken account of relevant considerations. It was therefore open to the Council to determine not to issue any hackney carriage licences to horse drawn vehicles.

8.3         The Head of Environmental Health and Licensing went on to explain further that the Council had received a preliminary application enquiry during 2010 to run vehicles along Madeira Drive with the intent from the prospective applicant to formally make application in 2011, which is why members were being asked to formally confirm the policy that any application for a hackney carriage licence would not be issued to any horse drawn vehicle.

8.4         It was explained that the proposal would also be contrary to the Council’s tourism strategy. Inclusion of a horse and cart operator in areas of the city such as on Madeira Drive would not in the view of VisitBrighton add to the seafront or tourism offer, nor would it help with the dispersal of the night time economy by way of taxis. There were also concerns that it would be in direct competition with the Volks Railway which was an important part of the City’s tourism heritage. As the seafront area was one of the busiest areas of the City for pedestrians, bicycles and vehicular traffic it was considered that such use could add to existing congestion and could also have safety implications, including concerns by the public in relation to the horses welfare.

8.5         Councillor Lepper expressed surprise that this was a matter in which the Council had discretion and Councillor Rufus sought further clarification in relation to the activities which could be permitted along the seafront area and how they could be regulated. It was explained that the Council’s discretion in this matter had first been highlighted in relation to the licensing of Tuc Tuc’s (motorised rickshaws) several years earlier. In answer to questions of Councillor Cobb it was explained that the use of horse drawn vehicles for weddings or funerals would be exempt from this policy.

8.6         RESOLVED - The Committee resolves that it will be licensing policy not to issue licences for any applications for horse drawn vehicles.