Agenda and minutes

To receive any apologies and details of any substitutions.

To note any changes to the Committee membership.

Apologies were received from Adrian Hampton (Head of Highway Operations) and Peter White (Enforcement Manager).

Membership changes

At the Council meeting on 20 July 2021, Councillor Jerry Kunkler replaced Councillor Mary Webb as a substitute member of the Committee.

To confirm and sign the minutes of the meeting held on 1 March 2021 (copy attached).

The minutes of the meeting held on 1 March 2021 were presented to the Committee.

Resolved:

That the minutes of the meeting held on 1 March 2021 be approved and signed as a correct record.

To receive any announcements from the Chairman.

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

Queen’s Platinum Jubilee celebration arrangements

The Licensing Committee will receive a briefing note at the next meeting of the Licensing Committee on 6 December 2021 in relation to the arrangements for the Queen’s Platinum Jubilee celebration arrangements for June 2022.

Role of Officers in Licensing Teams

A list of Officers in the Council’s Licensing Teams, their roles and contact details would be shared with the Committee members following the meeting for information.

Licensing Sub Committee Hearings

The Chairman was aware that some Members had queried when they would be asked to sit on a Sub Committee hearing.  The Chair reported that it was the intention to allocate hearings as and when they came in to at least one experienced Member and then add in newer Members subject to availability.

Update on the level of personal information to be supplied on those who make a relevant representation at Sub Committee hearings

Sarah Marshall (Senior Solicitor) wished to update the Committee on the proposed trial to reduce the level of personal information of those who have made a relevant representation that is shared in the Agenda/Decision Notice and Minutes.

Between now and December the Licensing Officers and Democratic Services Officers would look at ways to strike a balance of information that should be available to the Applicant and the Sub Committee Members in order for there to be a fair hearing and protecting some of the personal information of those who are making a relevant representation where it is not essential to share.

The Licensing Officers would ensure that all paperwork sent to the parties who make an application, or a relevant representation would clearly state that their representation would in essence become a public document and would be published on the Council’s website within the Agenda papers.  Additionally, at the beginning of each hearing, whether this is virtual or face to face the Chair will clearly highlight to all participants that the meeting can be recorded by any party (and would be recorded and live streamed by the Council if it was a virtual meeting) and that would then give the participants the opportunity to withdraw, or not switch on their cameras during if they did not to be part of the recording.

The findings from these changes would be reported back to the Licensing Committee at their meeting on 6 December 2021.  Sarah agreed to send a Briefing Note to the Licensing Committee to detail the changes.

Resolved:

That a Briefing note be prepared for Licensing Committee on the proposed changes to the sharing of information of those who have made a relevant representation.

Scrap metal update

The current numbers relating to scrap metal dealers in Wiltshire (as of 31 August) is as follows:

Licensed Scrap Metal Dealer - Collectors: 29

Licensed Scrap Metal Dealer - Sites: 24

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 1 working day 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 6 September 2021 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 8 September 2021. 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 prior to the meeting.

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

Eastern Area Licensing Sub Committee

21.06.2021    Application for a Variation of a Premises Licence – The                                  Marlborough, 90 High Street, Marlborough

Northern Area Licensing Sub  Committee

27.04.2021    Application for a Club Premises Certificate – Calne Bowls Club,                    The Pavillion, Hill Croft, Calne

Southern Area Licensing Sub Committee

13.04.2021    Application for a Variation of a Premises Licence – Green Hill                       Farm Caravan and Campsite, New Road, Landford, Salisbury

Western Area Licensing Sub Committee

08.06.2021    Application for a Variation of a Premises Licence – Woolley                           Grange, Woolley Green, Bradford on Avon

06.07.2021    Application for a Variation of a Premises Licence – The Prestbury                Sports Bar, The Close, Warminster

Eastern Area Licensing Sub Committee

21.06.21         Application for a Variation of a Premises Licence – The                                  Marlborough, 90 High Street, Marlborough

Northern Area Licensing Sub Committee

27.04.21         Application for a Club Premises Certificate – Calne Bowls Club,                    The Pavilion, Hill Croft, Calne

Southern Area Licensing Sub Committee

13.04.21         Application for a Variation of a Premises Licence – Green Hill                       Farm Caravan and Campsite, New Road Landford, Salisbury

Western Area Licensing Sub Committee

08.06.21         Application for a Variation of a Premises Licence – Woolley                           Grange, Bradford on Avon

06.07.21         Application for a Variation of a Premises Licence – The Prestbury                Sports Bar, The Close Warminster

Resolved:
That the minutes of the Sub Committee meetings detailed above be approved and signed as correct records by the Chairman.

The report of Linda Holland (Licensing Manager – Public Protection) asks the Licensing Committee to note the consultation undertaken andamendments made to the Council’s revised Statement of Gambling Principles(in relation to the Gambling Act 2005) and to commend the Statement of Gambling Principlesto Full Council for approvalat its meeting on 19 October 2021.

Linda Holland (Licensing Manager – Public Protection) referred to her report which asked the Committee to note the consultation undertaken and amendments made to the Council’s revised Gambling Statement of Principles and to commend it for approval by Full Council at the meeting on 19 October 2021.  Linda highlighted the following:

• The Council do not have the responsibility to manage remote/online gambling and only deal with fixed premises, e.g. betting shops, bingo halls, gaming machines in different types of venues and online or physical lottery tickets typically sold by school PTA groups etc;

• The Council needs to have a Gambling Statement of Principles which covers a three-year period which sets out how the Council determines applications under the Gambling Act 2005.  The proposed Statement would come into force from 1 January 2022 and would be due for the next review in the summer of 2024;

• There were only three minimal changes made to the Statement following the review by Officers with no changes required as a result of either new or amended legislation, regulations or guidance issued by the Secretary of State;

• Consultation was carried out between 12 July – 22 August 2021 and all statutory consultees were sent a link to the full copy of the draft Gambling Statement of Principles;

• There were currently 38 Licensed Gambling Premises in Wiltshire comprising of: 5 Adult Gaming Centres, 29 Betting Shops, a Bingo Hall, and Salisbury Racecourse. There are also two Unlicensed Family Entertainment Centres and a number of premises who hold Permits for Gaming Machines; and

• There had been no significant issues with any gambling premises in Wiltshire to date and it was not envisaged that there would be any.  However, inspection visits would continue to be carried out on a regular basis and this regime would pick up again now following the Covid pressures.

The Chairman thanked Linda and her team for their work on the Gambling Statement of Principles.

The following questions were asked by the Committee:

Q         Looking at the responses submitted from Melksham Town Council – is there currently a limit to the number of permits which could be issued in a particular conurbation?

A         The Gambling Authority does not permit us as Licensing Authority to limit the number of permits.

Q         I note that the consultation period was reduced from 12 weeks to 6 weeks – do you feel that this consultation period is defendable?

A         All statutory consultees were duly consulted.  Previously the Statement had gone to the Licensing Committee prior to being released for consultation, but as there were no significant changes proposed, agreement was sought from the Chair and Vice Chair to proceed to the consultation stage.  Had there been significant changes proposed then an extraordinary meeting of the Licensing Committee would have been arranged to accommodate that process.

Q         In paragraphs 6.2.1 and 6.2.2 of the proposed Gambling Statement of Principles, what does “by agreement” mean in relation to B3A gaming machines?

A         B3A gaming machines are those that have higher  ...  view the full minutes text for item 7.

Linda Holland (Licensing Manager – Public Protection) has prepared an update on behalf of the Licensing – Public Protection Team which is attached for the  Committee’s information.

Linda Holland (Licensing Manager – Public Protection) referred to the Licensing Service update that was circulated with the Agenda and highlighted the following:

• Following the relaxation of Covid restrictions, they were now seeing growth in the hospitality industry;

• The team were already receiving enquiries for events next year which was positive news;

• There were no significant issues with the Euro 2020 football championships;

• In a normal year there would be between 2000 and 3000 applications for Temporary Events Notice (TEN).  Although numbers of TENS received for TENS for August were still down on 2019 by 30% there did now seem more confidence from organisers that planned events would still attract sufficient attendance to make them viable;

• During 2021 to date, six virtual hearings had taken place, in comparison in 2020 when four hearings took place, two of which were virtual hearings. In 2019, seven hearings were required;

• Businesses were showing more diversity and were requiring licences for internet sales/delivery of alcohol and some supermarkets were looking to extend their opening hours in the run up to Christmas – it was a mixed bag of applications being received by the team;

• There had been some noise complaints from premises reopening which had triggered some community concerns.  Some premises had sought to utilise their outside areas and these issues would be addressed by colleagues in the Public Protection Noise Team. Complaints about premises could have an impact on their licence if this was not managed correctly and a licence could be reviewed if required;

• In 2017 changes to the Licensing Act 2003 gave a discretionary power to Licensing Authorities to revoke or suspend a Personal License. A report would be presented to the December of the Committee giving a summary of the proposed procedure with relevant supporting legislation for consideration.  It was proposed as far as possible to follow existing Committee precedent to ensure a straightforward procedure that followed the principles of natural justice;

• The team were seeking to relaunch awareness of the “Ask for Angela” initiative which aims to reduce sexual violence and vulnerability by providing customers with a non-descript phrase they can use to gain assistance from staff members in order to be separated from the company of someone with whom they feel unsafe due to that person’s actions, words, or behaviour.  There was positive engagement when launched initially and Officers would be providing information and communications to premises about this;

• In relation to animal licensing, initially during Covid in early 2020, premises were offered a 3-month extension to their licence and most were now in the position of renewing their 3-year licences now.  The need for the animal licensing industry was now picking up again with the increase in dog ownership and the use of boarding facilities for those now going on holiday; and

• Licensing Officers working with Wiltshire Police would continue to operate the 4 E’s – Engage, Explain, Encourage, Enforce and only looking to enforce when there were serious breaches or where previous engagement had taken place  ...  view the full minutes text for item 8.

Tom Ince (Principal Compliance Officer) has prepared an update on behalf of the Taxi Licensing Team which is attached for the Committee’s information.

Tom Ince (Principal Compliance Officer) referred to the Taxi Licensing update that was circulated with the Agenda and highlighted the following:

• New driver and vehicle applications have fallen since the start of the pandemic.  The team were now seeing a recovery in numbers of new applicants but so far this was not sufficient to cover those leaving the industry;

• The fall in drivers and vehicles is seen at a national level as drivers move into the more stable delivery industry;

• Officers were working with colleagues in the Passenger Transport Unit to look at a number of initiatives to attract drivers back into the industry as this may impact the Council’s ability to fulfil all of its contracts.  Whilst Officers believe that we have now turned a corner they will continue to do what they can to support the industry;

• Private hire drivers can only take pre-bookings and only hackney carriages can pick up passengers from taxi ranks;

• At the start of the pandemic licences were extended free of charge for 3 months to ease the financial burden and it gave those in the industry an opportunity to see how Covid would impact them;

• The numbers of drivers/vehicles were stable before Covid, but there had been a significant change over last 2 years, with 18 months of this through Covid;

• Officers were continuing with enforcement work to ensure that Wiltshire’s taxi provision was safe, secure and suitable for purpose and ensured they had a visible presence on the ranks.  Vehicle inspections were carried out twice a year.  During July 2021 penalty points were issued to 5 drivers and 2 vehicles (for having no road tax).  Some vehicles have not had current MOTs, they may have been because they were not using the vehicles.  Officers insist that there is a valid MOT for a vehicle unless is it has been SORN, if neither of these are in place then the plates need to be returned as Officers would not know if the vehicle was being used or not.  Six drivers were suspended during August – it has been a difficult time for the industry;

• The team has amended their new applicant and licence renewal processes through Covid and this had allowed them to review the the way they do things.  As a result, the process for renewing a licence can now be done remotely and is a lot more efficient, cutting down the time Officers and drivers spent in the office which is a good thing;

• The Council operates an internal penalty points system under which a driver’s licence will be reviewed if they reach 12 points in a rolling 12-month period.  When considering whether to suspend or revoke a licence this is carried out by a Panel of 3 Officers, however, Officers were considering involving the Licensing Committee to take a more active role in decisions to revoke or suspend driver or vehicles licences.  A report was planned over the next six months; and

• The team were considering the impact of  ...  view the full minutes text for item 9.

Tom Ince (Principal Compliance Officer) has prepared an update on the proposed changes to the Taxi Tariff Schedule for Hackney Carriages which is attached for the Committee’s information.

Tom Ince (Principal Compliance Officer) referred to the update which sought to brief the Licensing Committee on the latest position in relation to implementing a new schedule of tariffs and fees for Hackney Carriages in Wiltshire and highlighted the following:

·         The review of Wiltshire’s taxi tariffs was following a challenge from those involved in the late-night economy in the South of the County who felt that the fares were too expensive in the evening;

·         It was agreed at an extraordinary meeting of the Licensing Committee on 27 January 2020 to undertake a public consultation into proposals on a new fees and tariffs schedule for Hackney Carriages in Wiltshire.  This consultation was carried out in February 2020;

·         Following the consultation and considering the feedback received, part of the proposal was changed.  The impact of the changes were that it would make for cheaper late-night fares after 02.30am, addressing the issues raised in relation to the late-night economy.  The change to charge tariff 2 and 4 from 22:00 would mean that travel between 22:00 and 22:29 was now slightly more expensive;

·         This proposal was accepted in 2020 but then not implemented due to advertising budget issues and Covid.  It was now felt that the time was right to proceed, however changes to the tariff would incur a small cost of approximately £20 to adjust each vehicle meter;

·         It was proposed that the new tariff would be implemented on 1 January 2022.  There would obviously have to be a period of grace to allow the update of meters, but the drivers would not be able to change the tariffs before 1 January 2022; and

·         These changes would be duly advertised and communicated with the trade as this was a legal requirement and Councillors would be advised when this was to happen as they may receive feedback from the public and drivers.

The Chair reminded the Committee that the decision to delay this implementation had been made because of Covid and that the tariffs would continue to be subject to a regular review if requested by the trade.  The Chair asked Officers to ensure that there was clear communication to the trade and Officers assured him communications would be sent out as soon as possible to give the trade as much notice as possible so that they were able to plan for  the changes.

The Vice Chair commented that the only way a hackney carriage driver is able to get more income is to work more hours or by the Council putting up the tariff rates – if drivers want a pay rise this can only be achieved by the Council increasing the tariffs. 

A Committee member suggested that sharing the current and proposed tariff cards would have been helpful and it was agreed that when the briefing note was circulated to all Councillors following the meeting that both tariff cards be included.

Resolved:

That the Licensing Committee note the update on proposed changes to the schedule of fees and tariffs for Hackney Carriages  ...  view the full minutes text for item 10.

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

6 December 2021

7 March 2022.

The Licensing Committee noted the dates of the future Committee meetings as detailed below:

Monday 6 December 2021

Monday 7 March 2022.

There were no urgent items.