Agenda item

The Business Safety and Licensing Manager presented a report which updated Members on issues relating to the Licensing Act 2003, the Gambling Act 2005 and any significant licensing enforcement actions. Further to a request from the Committee at previous meetings, Members were provided with statistical details of the licensing decisions (Licensing Act 2003 and Gambling Act 2005), that were delegated outside the remit of the Committee and Sub-Committee, at least annually at the inaugural meeting, together with a summary of the significant enforcement actions taken by the Business Safety and Licensing Service within the last twelve months.

Members’ attention was drawn to the licensing enforcement actions in Appendix A2 of the report, in particular to the significant number of licensed taxi/private hire vehicles that had been suspended from service during the past year as a consequence of there being a failure to present their insurance on time or that they had not attended for a test on time. 

In relation to the 170 licenced taxi/private hire drivers who had been suspended this year, Members were informed that a significant number of these were due to drivers failure to provide their Criminal Record Certificates on time.  It was reported that some cases were due to the fault of the driver, others were because of the significant delays of up to 6 months by the Disclosure and Barring Service in processing applications. Others had related to those drivers who were medically unfit or were unable to provide a medical certificate on time.  It was further reported that drivers were required to provide a certificate every 3 years which detailed whether or not the applicant had a criminal record. Drivers were assessed by the Council and until such time they were provided with a certificate, the Council was not in a position to consider applicants as being ‘Fit and Proper’ persons. 

Following the presentation of the report, a Member commented that it had been brought to his attention that some drivers had submitted their applications in the prescribed timeframe, but because of the delay in the system, drivers were being deprived of a living, which was through no fault of their own, which he felt was not acceptable.  He asked whether Officers could speak to the relevant agencies to ensure that certificates were processed within sufficient time. The Business and Safety Licensing Manager reported that all criminal record background checks were administered by the Disclosure and Barring Service (DBS).  He explained to Members the application process and the reasons why delays could have occurred.  The Committee was informed that the Mayor had since lobbied the Police and Crime Commissioner directly with regard to this issue.

It was further explained that previously, the Licensing Authority had given people 3 months’ notice prior to the expiry of their certificate and at that time, it was sufficient time for people to submit an application and for receipt of a certificate.  As soon as officers become aware of the delays at the DBS the Licensing Authority immediately commenced sending out reminders 6 months in advance of the expiry of their current certificate.

Whilst acknowledging that a significant number of applications were returned with no criminal convictions, which was not helpful for the driver who had been waiting for it to come back, the Business and Safety and Licensing Manager emphasised that the Council would not make a decision without having sight of a driver’s criminal conviction certificate and spoke of the potential risk to the public if drivers were allowed to continue driving, as it was not apparent whether they had any convictions that they had not disclosed.  The Business and Safety and Licensing Manager highlighted the importance of robust checks being carried out and cited examples of some of the offences that taxi drivers had on their criminal record following checks being carried out by the DBS, which included burglary, ill-treatment of a child and attempted people trafficking.

Members were further informed that drivers were being encouraged to renew their certificates and to apply at least 6 months in advance.  It was explained that the DBS provided an update service that drivers could subscribe to, where drivers paid an annual fee of £13, which was less than the renewal fee every 3 years.  Providing that a driver didn’t get any further convictions, their existing certificate remained valid for life and could be presented to any organisation, and could be checked via a serial number which identified whether there had been any changes.  It was suggested that in future, this could be made a mandatory condition for all drivers to sign up to.

To conclude, Members sought clarity regarding the reasons why personal licences (Licensing Act 2003) had been rejected, it was reported that this was because the applicants had failed to satisfy the application requirements and as a consequence, they had decided not to proceed.

RESOLVED to note that:-

(1)        for the period 1st April 2015 to 31st March 2016, the following Committees and Sub-Committees, were convened where 

·     Licensing Committee - 3 occasions

·     Licensing Sub-Committee - 9 occasions

a total of 9 applications / notices were determined by the Licensing Sub-Committee, all of which were applications made under the Licensing Act 2003;

(2)        statistical details of all other licence applications (Licensing Act 2003 and Gambling Act 2005) determined by the Authority and a summary of significant licensing enforcement actions, for the period 1st April 2015 to 31st March 2016, are attached as Appendices A1 and A2 to the report;

(3)        the Statement of Licensing Policy (Licensing Act 2003) underwent its quinquennial review in 2015 on schedule, with the revised Policy taking effect from 7th January 2016; and

(4)        the Statement of Licensing Policy (Gambling Act 2005) underwent its triennial review in 2015 on schedule, with the revised Policy taking effect from the 31st January, 2016.