Agenda item

The Committee considered a report that provided an update to Members on the activities of the Committee and Sub-Committee over the previous year, as well as issues which related to the Licensing Act 2003, the Gambling Act 2005, and any matters of importance that were due for consideration in the coming Municipal Year.

Members were informed that during the period from 1st April, 2017 to 31st March, 2018, the Licensing Sub Committee had met on 18 occasions along with the formal Committee on 1 occasion. The Licensing Committee was one of the busiest Committees within the Council, and only Cabinet had met more frequently.

The report informed Members that there had been some changes to the Licensing Act 2003 and the Home Office Guidance, a summary of which was provided within the report and accompanying appendices. This guidance had also been published on the internet, and Members had received briefings on it at their recent training sessions.

With regard to the Statement of Licensing Policy (Gambling Act 2005), the Committee were informed that this was due for its triennial review, and it was anticipated that this would be adopted by Council prior to 3 January 2019, following consideration by both the Licensing Committee and the Executive who would look to recommend its approval by Full Council.

Member’s attention was also drawn to the Bawtry Cumulative Impact Policy that had now been in effect for over 2 years and would be soon subject to review. Officers advised that consultation would be undertaken and the outcome would be presented to the Committee for a determination and ultimate recommendation for approval by Council.

Finally, the last issue to raise was that of the Council’s hackney carriage and private hire licensing policy. This was to be reviewed in terms of determining the suitability of applicants and licensees, looking in particular at any relevant convictions people may hold.  It was expected that this would be brought to the Licensing Committee in the latter part of 2018, and would take account of new guidance recently published.

Following consideration of the report and the points raised within it, Members were given the opportunity to voice any concerns or questions they had to Officers.

A brief discussion was held in relation to the Hackney Carriage and Private Hire Licensing Policy, as a number of concerns were voiced in relation to drivers from other areas but who operated within the Doncaster boundary. Members were informed that following the introduction of additional local conditions there were now no known ‘out of town ‘taxis operating for Doncaster private hire companies.  Members were informed that it was, however, legitimate and common practice for customers, particularly those living in the outlying districts, to book a private hire vehicle with a private hire operator based in another Council area with the proviso that the booking was made lawfully.

 Finally Members’ attention was brought to an error within the report. On page 35 of the agenda when speaking of reviewing the Cumulative Impact Area, it advised that this should be done before April 2012. However, Members noted that this should state that the review be undertaken before April 2021 instead.

            RESOLVED that

1)    For the period 1st April 2017 to 31st March 2018, it was noted that the following committees were convened:-

·         Licensing Committee – 1 occasion

·         Licensing Sub-Committee - 18 occasions

A total of 18 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 1^st April 2017 to 31^st March 2018, attached as Appendix A to the report , be noted;

3)    The recent changes to the Licensing Act 2003 and the Home Office guidance as summarised in section 5 and Appendix B of the report be noted;

4)    It be noted that following a period of consultation the Licensing Committee would consider the reviewed Licensing Policy to the Executive for adoption by Council which must be adopted by 3^rd January 2019 to take effect from the 31^st January 2019.

5)    The Bawtry Cumulative Impact Policy was due for review.  And would be subject to a period of consultation, following which it would be brought back to the Licensing Committee for consideration; and

6)    It was agreed that following the publication of new guidance, the Council’s existing hackney carriage and private hire licensing policy is to be reviewed with regard to the guidelines on determining the suitability of applicants and licensees with particular regard to the relevance of convictions.  Following a period of consultation with all stakeholders it is planned to bring the matter to the Licensing Committee in the latter part of 2018 for a determination on any proposed changes.