Agenda and minutes

To receive any apologies and details of any substitutions.

Apologies were received from Councillors Cllr Steve Bucknell, Sam Charleston and Kevin Daley and from Jason Salter (Head of Service – Passenger Transport). 

Cllr Brian Mathew was substituting for Cllr Sam Charleston.

To confirm and sign the minutes of the meeting held on 6 March 2023 (copy attached).

The minutes of the meeting held on 6 March 2023 were presented to the Committee.

Resolved:

That the minutes of the meeting held on 6 March 2023 be approved and signed as a correct record.

The Chairman gave details of the fire exits to be used in the event of the alarm sounding and made the following announcements:

Linda Holland

Linda Holland (Licensing Manager) had now retired from Wiltshire Council, and the Chairman and Clerk had attended her leaving meal recently and had presented her with a card on behalf of the Committee and passed on their gratitude to her and her excellent services to licensing.

Cllr Tony Trotman

It was reported that Cllr Tony Trotman had sadly passed away after a short illness on 30 November 2023.  The Chairman wished to pass on condolences to his family on behalf of the Committee at this sad time.  It was noted that there would be formal tributes to Cllr Trotman at the next Full Council meeting in February 2024.

To receive any declarations of disclosable interests or dispensations granted by the Standards Committee.

There were no declarations of interest.

The Council welcomes contributions from members of the public.

Statements

If you would like to make a statement at this meeting on any item on this agenda, please register to do so at least 10 minutes prior to the meeting. Up to 3 speakers are permitted to speak for up to 3 minutes each on any agenda item. Please contact the officer named on the front of the agenda for any further clarification.

Questions

To receive any questions from members of the public or members of the Council received in accordance with the constitution.

Those wishing to ask questions are required to give notice of any such questions in writing to the officer named on the front of this agenda no later than 5pm on Monday 27 November 2023 in order to be guaranteed of a written response. In order to receive a verbal response questions must be submitted no later than 5pm on Wednesday 29 November 2023. Please contact the officer named on the front of this agenda for further advice. Questions may be asked without notice if the Chairman decides that the matter is urgent.

Details of any questions received will be circulated to Committee members prior to the meeting and made available at the meeting and on the Council’s website.

No questions or statements had been submitted to the Committee from the public in advance of the meeting.

To receive an update on any appeals lodged against Licensing Sub Committee decisions.

There were no known Licensing Sub Committee appeals pending.

John Carter (Head of Service – Public Protection), thanked Members for their attendance at Sub Committee meetings, in particular the Thoulstone Park application which had attracted a large number of representations from members of the public who had significant concerns about the application.  The Councillors professionalism at the hearing was appreciated by the Officers involved.

To receive and sign the minutes of the following Licensing Sub Committees:

Eastern Area Licensing Sub Committee

19.04.23       Application for a Premises Licence, The Community Centre,                      Winterbourne Monkton, Swindon

20.06.23       Application for a Premises Licence, Krumbz Café, Kennet Place,                    Marlborough

Northern Area Licensing Sub Committee

26.07.23       Application for a Premises Licence, Calne Bike Meet, Calne                       Recreation Ground, Off Anchor Road, Calne

Southern Area Licensing Sub Committee

25.04.23       Application for a Premises Licence, Victoria Park, Salisbury

06.07.23       Appliation for a Club Premises Certificate, Chalke Valley Cricket                    Club, Church Street, Bowerchalke

02.10.23       Application for a Premises Licence, Hole Farm, Brick Kiln Lane,                 Alderbury

Western Area Licensing Sub Committee

16.10.23       Application for a Premises Licence, Thoulstone Park,                                 Chapmanslade, Westbury

The following minutes of the Licensing Sub Committees were approved.

Eastern Area Licensing Sub Committee
19.04.23       Application for a Premises Licence, The Community Centre,                      Winterbourne Monkton, Swindon
20.06.23       Application for a Premises Licence, Krumbz Café, Kennet Place,                    Marlborough

Northern Area Licensing Sub Committee
26.07.23       Application for a Premises Licence, Calne Bike Meet, Calne                       Recreation Ground, Off Anchor Road, Calne

Southern Area Licensing Sub Committee
25.04.23       Application for a Premises Licence, Victoria Park, Salisbury
06.07.23       Application for a Club Premises Certificate, Chalke Valley                              Cricket Club, Church Street, Bowerchalke
02.10.23       Application for a Premises Licence, Hole Farm, Brick Kiln Lane,
                     Alderbury

Western Area Licensing Sub Committee

16.10.23       Application for a Premises Licence, Thoulstone Park,                                 Chapmanslade, Westbury

Resolved:

That the minutes of the meetings detailed above be approved and signed as a correct record.

Jason Salter (Head of Service – Passenger Transport) will give an update on behalf of the Passenger Transport Team at the meeting.

Jason Salter (Head of Service – Passenger Transport) was unable to attend the meeting but it was agreed that he would prepare an update to share with the Committee following the meeting. 

Post meeting note – Here is the update that was shared with the Committee members following the meeting:

The passenger Transport unit can fulfil all its statutory duties for home to school transport using a combination of the existing supplier market and its own leased vehicles.  Contract prices remain very high and still reflect a stunted marketplace for this type of work.  Some areas of the county have more competition than others, most notably the Salisbury area.  We are now beginning to use a new piece of artificial intelligence routing software that can rationalise the entire transport network each month and offer operational efficiencies.  The results require careful consideration as the nuances of individual pupils’ needs won’t always be picked up.  This will hopefully release further vehicles into the marketplace and reduce cost.

A piece of work will now begin to determine the true cost of our fleet operations now that they have been running in some cases for nearly a year.  The outcome of that will determine if this something we wish to further build on or rely upon the open market to provide.

Pupil numbers for SEND passengers alone stand at around 1,800 and this number is expected to rise by around 400 over the next 2 – 3 years.  There will continue to be an increased requirement for vehicles across the network and it will remain difficult to continue with our statutory obligations.

Cllr Allison Bucknell (as Chairperson of the Taxi Provision Working Group) which last met in May 2022, reported that a number of recommendations were made at that time including the need to look at ways to increase the numbers of drivers with a push to promote taxi driving for Wiltshire Council as a career.  There had been a targeted recruitment campaign which had made a difference.  There was the ongoing issue of transporting pupils to their education settings in mainstream and SEND settings which would always be a focus.

A Committee Member asked about the new taxi driver applications.  Tom Ince (Principal Compliance Officer) reported that they had been swamped with new applications, a large percentage of which were from drivers not based in Wiltshire.  This was thought to be because Swindon Borough Council were not currently licensing any new drivers and there had also been a number of applications from those living in Bristol. 

A Councillor asked about the taxi fare rates, particularly in the north of the county where residents could also use taxis from Swindon.  Tom Ince explained that the Council can only set fares for those drivers/vehicles licensed in the Wiltshire Council area.  A benchmarking exercise was carried out last year to compare the fares and tariffs against our neighbouring local authorities and a 10% increase had been added to tariff 1.  This exercise would be repeated, and  ...  view the full minutes text for item 23.

Linda Holland (Licensing Manager) has prepared the attached update on behalf of the Licensing Team as at September 2023 (that was shared with Committee members via email) and as at November 2023.  John Carter (Head of Service – Public Protection) will give an overview of the most recent update to the Committee.

John Carter (Head of Service – Public Protection) referred to the licensing team updates that had been circulated with the agenda and highlighted the following:

·        The Licensing Team continued to be busy, particularly over the summer period with a number of events running under a Temporary Events Notice (TEN) and other scheduled festival and large scale events.  Information has been sent to all Councillors on TENS and Permitted Activities and these were also enclosed in the agenda pack at pages 96-98.  TENS could sometimes cause local concern and can cover a wide range/variety of events which are not covered by a Premises Licence.  TENS are a light touch form of licencing and concerns around noise disturbance are often picked up by local Councillors, the guidance gave details of the limitation and highlighted the quick turnaround times and that often the work involved is not covered by the £21 application fee which is set by legislation;

·         The Council’s current Statement of Licensing Policy came into effect in November 2019 and would cease to have effect in November 2024. The Council must be in a position to formally adopt a revised policy with effect from November next year and in order to satisfy the specific legal requirements, set down in the Act, the Council will need to carry out a consultation process on the proposed Statement of Licensing Policy;

·         The Licensing Team will take the opportunity to revise the content of the policy to reflect the latest guidance issued under the Act and amendments made to the Act itself since the current policy was adopted.  Members were now asked to review the current policy and send any initial comments to John Carter by the end of January 2024;

·         The first draft of the policy would be presented to the Committee at the next meeting in March 2024 meeting for consideration and approval would be sought to carry out the required consultation for 6 weeks.  Following the formal consultation process, an analysis of the responses received would be undertaken and the results collated for the Committee to consider in June 2024.  A revised policy document would be made available in time to ensure the policy is in force by the beginning of November 2024;

·        It was noted that the Clerk had made efforts to invite the Police Licensing Officers to attend/provide updates to the Licensing Committee but had not had a response.  The Police Licensing Officers were managed under the Community Policing model, and it was felt that there could be better partnership work with Council Licensing Officers to ensure that there was a consistent approach that was needed for engagement and enforcement;

·        The team were currently undertaking a review of licensing fees and charges to be presented as part of the annual budget meeting in February 2024, although the Licensing Act 2003 and a number of the Gambling Act 2005 fees were statutory and not subject to change unless the Government amend regulations which permit amendments;

A Committee Member asked about the  ...  view the full minutes text for item 24.

Linda Holland (Licensing Manager) has prepared the attached briefing note to advise members and ask them to note the update to the Animal Licensing Decision Making and Enforcement Protocol.  John Carter (Head of Service – Public Protection) will give an overview at the meeting.

John Carter (Head of Service – Public Protection) referred to the briefing note circulated with the agenda which sought to advise members regarding the 2023 update to the Animal Licensing Decision Making and Enforcement Protocol and highlighted the following:

·        The protocol that had been circulated with the agenda had recently been updated to remove references to the old legislation repealed by the regulations, and additional information about complaints and the fit and proper test.  The protocol endeavours to make it easier for those operating within the industry to understand the Council’s decision and enforcement approach.

In response to a number of questions/statements from the Committee Members the following was clarified:

·        If pets are being rehomed from countries in conflict in certain situations there is concern that vets would not want to take them on without the right documentation i.e., a pet passport, vaccination information;

·        A licence would be required if someone was breeding animals;

·        Quarantine periods are enforced by other agencies;

·        The Council would look into complaints where intelligence was received that owners were breeding for commercial purpose;

·        If an owner has more than three breeding bitches/3 litters per year they are classed as a home breeder and would require to be licensed; and

·        The showing of animals at Christmas events such as reindeers and donkey’s etc would come under different legislation – the Exhibition of Animals.

Resolved:

That the Committee note the update to the Animal Licensing Decision Making and Enforcement Protocol and continue to support the work of the Licensing Team in carrying out this work.

Tom Ince (Principal Compliance Officer) has prepared the attached Taxi Licensing updates as at July 2023 (that was shared with Committee members via email) and October 2023 and will give an overview of the most recent update to the Committee.

Tom Ince (Principal Compliance Officer) referred to the taxi licensing updates circulated with the agenda and highlighted the following: 

·            During Covid there was a fall in drivers and vehicles, and this also had an impact on the Passenger Transport Unit and the ability to transport pupils to their education settings.  There was a targeted campaign to recruit more taxi drivers, and this was now paying dividends with significant numbers of new driver and vehicle applications – driver numbers had risen by 80 or 11% over the last 11 months.  There were driver applications from outside of Wiltshire and it was understood that neighbouring authorities were not currently licensing drivers and due to the taxi licensing teams current staffing issues this was putting pressure on the team to get the applications processed; 

·            There had been no increase in October 2023 in vehiclenumbers, but the positive news was that last week the Government had issued new best practice guidance for taxi licensing.  A lot of the recommendations made had already been implemented by the team.  There were now new powers to challenge those drivers from outside of Wiltshire who take on the bulk on their work outside of Wiltshire where the licensing team now have the authority to refuse the issue or renewal of their licence.  There had been an increase in drivers from outside of Wiltshire and this could now be challenged as to the benefits for Wiltshire; 

·            The team would be reviewing the best practice guidance and look to make any relevant changes to the Councils Guidelines for Hackney carriage/private hire drivers, vehicles and operators which would then be bought to the Committee for approval.  Consideration would also be given to the climate emergency and look at how they could encourage green vehicles with the possibility of moving to an emissions-based criteria rather than setting the maximum age of vehicle to be licensed; 

·            The team held the second of the newly established trade representative meetings in September 2023 where the trade raised concerns over window tints and a report proposing changes to this would be considered later at the meeting; 

·            The team continue to work on introducing a single licensing zone for hackney carriages in Wiltshire, however current workloads and the implementation of a new system do not provide the team with sufficient resource to implement a single zone at this time as the current focus was on processing all licensing applications within the required timeframes; 

·            The team continue to enforce the Council’s policies in relation to taxi licensing ensuring that there is a visible presence on the rank, however staff sickness had seen the level of enforcement reduce more recently and not what they would have liked to have seen.  A new Officer was due to start in the team tomorrow and the plan was to get them  ...  view the full minutes text for item 26.

The report of Tom Ince (Principal Compliance Officer) seeks to provide the Committee with the relevant information to make an informed decision on changing the Council’s policy on window tints for hackney carriage vehicles, to bring it in line with those for private hire vehicles and to give approval to adopt a small number of wording changes to the Council’s taxi guidelines.

Tom Ince (Principal Compliance Officer) referred to the report which sought to provide the committee with the relevant information to make an informed decision on changing the Council’s policy on window tints for hackney carriage vehicles, to bring it in line with those for private hire vehicles and to also give approval to adopt a small number of wording changes to the Council’s taxi guidelines.  Tom then highlighted the following: 

·            At present different policies exist in relation to window tints on hackney carriage and private hire vehicles and the trade had been asking the team for some time to look at this as new vehicles don’t meet the Council’s current tint criteria for hackney carriages and drivers are having to pay up to £2,000 to have the window tints changes to have a light transmission of at least 50%; 

·            Following a review of neighbouring authorities light transmission criteria it was found that Wiltshire was quite tough in comparison and so following the review and the view from the trade that this was a big issue for them the consensus was to look to reduce the tinted glass requirements to be in line with private hire vehicles with the proposal that ‘tinted glass shall conform to the legal requirements of the current Road Vehicle (Construction and Use) Regulations’; and 

·            There were also some minor changes around the Taxi Licensing Guidelines proposed including how external licence plates must be fixed to the vehicles, changes to how appointments with the fleet licensing team are to be cancelled, implementing a missed appointment fee, implementing a maximum 14 day time frame where licences are due to lapse (following reminders being sent to drivers) from the licence end date to fully complete the application process including any necessary tests as after that period the vehicle would be treated as a new application and required to meet the criteria of new vehicle and incur the cost as such.  Drivers being required to wear their drivers badge withthe lanyard issued by the Council and that when smoking the driver must move away from the vehicle and ensure that all doors and windows are closed. 

In response to questions from the Committee Members the following was clarified: 

·            The Council did licence a few stretch limousines but exemption certificatesfor the level of tinting could be applied for depending on the type of work they do; 

·            There was not always a perfect solution to be able to attach external license plates to a taxi, acknowledge that double sided tape could mean that the plate could be removed, ideally cable ties could be used but there was not a perfect solution for this; 

·            It was noted that the Council advise their own staff not to wear the staff id badges whilst driving, but the current Taxi Licensing Guidelines do encourage drivers to wear their licence with a lanyard – this was felt to be confusing with mixed messages.  The trade meetings  ...  view the full minutes text for item 27.

Members are asked to note the future meetings of the Licensing Committee, all to commence at 10.30am:

4 March 2024

3 June 2024.

Members noted the future meetings of the Licensing Committee, all to commence at 10.30am:

4 March 2024

3 June 2024

16 September 2024

2 December 2024.

There were no urgent items.