Agenda and minutes

Information on public speaking is available online

There was no public speaking.

The minutes of the meeting of the Licensing & Enforcement Committee held on 21 November 2018, were confirmed and signed as a true record

Guidance is available online to Councillors and co-opted members on making declarations of interest

Councillor Steve Hall

Minute 18

Disclosable Pecuniary Interest – Private Hire Licence Holder

Councillor John O’Leary

Minute 18

Disclosable Pecuniary Interest – Designated Premises Supervisor

Councillor Steve Gazzard

Minute 19

Personal Interest – Event Organiser

            The Licensing Manager presented his report - the following issues were highlighted and discussed.

1.      Licensing Act 2003

          Over the previous period relating to this report officers had issued 205 alcohol licenses relating to new and variations of licensed premises, personal alcohol licenses and temporary event notices (TEN’s) throughout the district. Work undertaken by the licensing team during the previous quarter predominantly concerned applications and issuing licences in the run up to Christmas and the New Year festive period.

          On 5 November 2018 officers attended the annual Ottery St Mary Tar Barrel event to check the various temporary event notices issued for alcohol sellers and late night refreshment food stalls. A total of 24 checks were made and all were found to be in order.

2.         Gambling Act 2005

          The licensing team had continued its work to ensure gaming machine permits were submitted on the occasions when licensees left and took over a premises licence. Following approval by the Committee the Council’s revised Gambling Policy was successfully published in January 2019 for review in 2022.

          The programme of visits to licensed premises and other premises where gaming was permitted continued and whenever a licensed premises inspection occurred, the existence of gaming machines and any issues of compliance were duly considered and inspected. Officers assess compliance and suitability of gaming machines sited in public houses and to date it had not been necessary to take enforcement action.

3.         Taxis

          Although the previous period saw some taxi licence holders retiring or leaving the trade during the autumn renewal period, this had been balanced by a recent increase in new driver applications over the previous three months.

          Reports to this Committee had highlighted the increase in officer time completing new processes and online checks and although some online processes reduce the amount of paperwork that applicants need to provide it has increased the time spent by officers.

          In addition to those processes already being completed, advance notice had been issued by DEFRA to all licensing authorities of a forthcoming duty to provide information on licensed taxis and private hire vehicles. Under the Air Quality Regulations 2019, it was proposed that regulations would come into force on 1 April requiring all licensing authorities to provide details on a minimum weekly basis about vehicles that had been licensed including as a minimum, the Registration Number, start and expiry date of the vehicle licence and whether the vehicle was a taxi or Private Hire. A new database would form part of the infrastructure that government was developing to support the introduction of charging Clean Air Zones by some local authorities from 2020 to ensure compliance with statutory nitrogen dioxide limits. These new requirements would further add to processing work that officers undertake in the future.

          It was noted that the introduction of a National Register regarding taxi driver revocations and refusals was being implemented by the Local Government Association formalising information sharing between licensing authorities concerning applicants that were revoked or refused a licence. Further progress  ...  view the full minutes text for item 19.

            Following the introduction of a new Street Trading regime in October 2017, with further revisions to the policy in March 2018, it was noted that there was now a need to include amendments including new Guidance to Pedlars, revising the approach to block booking arrangements, addressing environmental concerns and amending processes following feedback from applicants when using street trading consents. This would include a section to ensure that applicants had the relevant insurance.

RESOLVED        1  that the revised street trading policy as attached as Appendix A to the report be adopted;

                                 2. that the new guidance to Pedlars as attached as Appendix B to the report be adopted;

                                 3. that the actions that will be taken as a consequence of the above being agreed be noted.

          Members received the report of the Licensing Manager which sought approval to revise the Taxi Licensing Policy, namely an additional requirement that all new driver and renewal applications should be accompanied by evidence that the applicant had attended a Safeguarding Awareness Workshop relating to Children and Vulnerable Adults. This was in line with the Council’s commitment to protect the safety of those most vulnerable in our communities.

RECOMMENDED:    that Council at its meeting on 24 April 2019 adopts the revised Taxi Policy.

            The report advised the Licensing & Enforcement Committee of the fee review process which had been carried out in accordance with both DEFRA guidance and the Open for Business requirements.

Members noted that there was no update on the issue of legally regulating professional dog walkers.

RESOLVED:         that the following new fees be adopted from 1 April 2019:

a)     New and Renewal applications - £330

b)     Annual Compliance Visit - £50

c)     Minor changes during licence period – No charge

d)     Review of star rating – No charge

e)     Vets Fees – Invoiced per premises where required.

            The report provided an update to the consultation commencing in February and ending on 22 April 2019. The Government hoped to see national standards foThe report provided an update to the consultation commencing in February and ending on 22 April 2019. The Government hoped to see national standards for taxi and private hire licensing in place across the country. The Committee wished to thank the Licensing Team for their valuable contribution to this initiative.

RESOLVED:     that the report be noted.