Agenda item

Committee update report - Licensing Act 2003, Gambling Act 2005, Taxis and General Licensing

Minutes:

The Licensing Manager presented the report which provided an update on the activities of the Licensing Service under the Licensing Act 2003, Gambling Act 2005, Taxi legislation and general licensing, including street trading and pavement licences during the last quarter reporting period.  Key points which were highlighted included:

·        During the reporting period, under the Licensing Act 2003, 184 applications had been processed, 14 personal licences had been issued and 12 premises of interest had been visited.

·        One application to vary a premises licence had been received with representations and considered at a hearing on 29 January 2025.  A further application would be considered at a hearing convened for 12 February 2025.

·        There had been a significant increase in the number of Temporary Event Notices for various local shows and events during the reporting period.

·        The Home Office public consultation on ‘Alcohol in licensed pavement areas’ was still in process of analysing data received.

·        The Licensing Act 2003 Statement of Licensing Policy 2021-2026 was due for review and a revised policy would be brought to the Committee later in the year.

·        Work was on-going to draft a Devon wide policy on pavement licensing.

·        Under the Gambling Act 2005, requirements were brought in for smaller operators to conduct test purchasing alongside an amended good practice code to implement Think 25 approaches to age verification.  This was a move from Think 21 to Think 25.

·        During the reporting period there had been a slight drop in Hackney Carriage driver and vehicle licences and a slight rise in private hire drivers and vehicles.

·        Three entries to the National Register of Revocations, Refusals and Suspensions had been made.

·        Three referrals to the Sub Committee had been made during the reporting period.

·        Drivers not completing the mandatory safeguarding training during the agreed timescales would be referred to the Sub Committee.

·        An online survey had been launched regarding the proposed changes to the Hackney Carriage fare setting procedure.

·        Officers continue to attend meetings of the East Devon Taxi Association, when invited.

·        Regarding the VAT treatment of private hire vehicles, at the time of writing the report, legal opinion was that private hire operators outside of London should not be required to charge VAT.

·        26 street trading consents were currently in operation.

·        A full time Licensing Officer had gone on maternity leave and the position had not yet been filled.

·        Refresher training for Committee members had been held in November 2024.

 

The Licensing Manager would circulate an article regarding VAT treatment of private hire vehicles and the link to the refresher training following the meeting.

 

Discussion and responses to questions from Members included the following points:

·        The decrease in taxi driver and vehicle licences could be due to a variety of factors.

·        A premises licence does not automatically include a pavement licence.  Where an outside area is not immediately attached to a premises, a separate licence would be required.

·        All new drivers have one year in which to complete the mandatory safeguarding training.  At the time of the meeting, approximately 12 – 15 drivers had not completed the training, although some had not yet reached the deadline for completion.  Licences would not be renewed if a driver had not competed the training.

·        Betting premises were not required to inform the Council how often they undertake test purchasing.  Large operators had compliance teams in place to undertake regular testing.  Testing of smaller operators was led by the Police and Trading Standards using persons over 18.  Currently there were no small independent betting operators in East Devon.

·        Unlicensed family entertainment centres were open to any age.  Higher paying machines, not available for children under 18, had to be sited in a separate designated area.

 

The Chair thanked the Licensing Manager for the report.

 

The Committee agreed to note the update report.

 

Supporting documents: