Agenda and minutes

Licensing Committee
Tuesday, 22nd March, 2016 7.30 pm

Venue: Council Chamber - Civic Centre

Contact: Jo Maskell, (01279) 446055, Email: jo.maskell@harlow.gov.uk 

Items
No. Item

38.

Declarations of Interest

Councillors’ declarations of interest (if any) in relation to any matters on the agenda.

Minutes:

None.

39.

Minutes pdf icon PDF 25 KB

To agree the minutes of the meeting held on 19 January 2016.

Minutes:

RESOLVED that the minutes of the meeting held on 19 January 2016 are agreed as a correct record and signed by the Chairman.

40.

Matters Arising

Minutes:

None.

41.

Written Questions and Petitions

Minutes:

None.

42.

Committee Work Plan pdf icon PDF 16 KB

Minutes:

The Committee received its Work Plan, which showed the items which remained unallocated at the end of the current municipal year.  This included a review of the policy for charity collections, which was dependent upon the Government publishing guidelines.  As no guidelines had been forthcoming, it was agreed to delete this report from the unallocated list.

 

Similarly, it was noted that revised Government legislation regarding street trading licensing was still awaited.  In this case, it was agreed to keep the update on the street licensing policy on the unallocated list until such time as new legislation materialised.

 

            RESOLVED that

 

(a)       the Work Plan is noted;

 

(b)       the ‘Review of the Policy for Charity Collections’ is deleted from the Work Plan.

43.

Public Space Protection Orders pdf icon PDF 26 KB

Minutes:

The Committee received a report which set out the Council’s arrangements for the implementation of Public Space Protection Orders (PSPOs), which had taken the place of Designated Public Places Orders (DPPOs).

 

Whilst DPPOs were specific to alcohol consumption, the PSPOs had enhanced powers which encompassed anti-social behaviour as well as alcohol consumption. 

 

The proposal was that, whilst the formal declaration of PSPOs would lie within the remit of the Council’s Community Safety Team (in the context of the Safer Harlow Partnership), the Licensing Committee would retain the remit for licensing policy issues which might arise. 

 

The Committee was concerned about the potential for licensing issues to be watered down with the introduction of PSPOs and requested a briefing note for clarification.

 

RESOLVED that

 

(a)       the Council’s arrangements for the implementation of Public Space Protection Orders is noted;

 

(b)       a briefing note be circulated to members of this Committee to outline the allocation licensing issues, within the arrangements  for the implementation of PSPOs.

44.

Gambling Act 2005 Statement of Policy pdf icon PDF 26 KB

Additional documents:

Minutes:

Following the publication of a fifth edition of the Gambling Commission’s guidance, the Committee received a report on proposals to replace the Statement of Gambling Act Policy (currently based on the fourth edition) ahead of its scheduled 2019 review date.  Furthermore, the Scrutiny Committee had requested a review of the policy to place more emphasis on local risk profiling in relation to fixed odds betting terminals (see Minute 46(a) below).

 

Taking into account recommendations arising from this Committee and from consultation with other licensing authorities, a revised draft Policy Statement would be submitted to the next meeting of this Committee for approval to begin formal consultation.  

 

Ultimately, following this formal consultation, a refined draft Policy Statement would be submitted to this Committee with a view to its adoption in January 2017.

 

RESOLVED that

 

(a)       the proposed approach to the development of a replacement Statement of Gambling Act Policy, as set out in paragraphs 5 to 8 of the report, is approved;

 

(b)       in line with the Scrutiny Committee’s recommendation, evidence of local area risk profiling in relation to fixed odds betting terminals, be included in the next report to this Committee.

45.

Taxi and Private Hire Licensing, Report on Consultation pdf icon PDF 28 KB

Additional documents:

Minutes:

Further to Minute 7 (7/7/15), the Committee received the promised report on the outcome of the Council’s consultation with stakeholders on the implementation of the Deregulation Act 2015; and also outlined proposals to introduce child sexual exploitation (CSE) and disability awareness training for Hackney Carriage and private hire drivers.

 

It was noted that the requirement for drivers to complete CSE and equalities training at their own expense had been withdrawn from the report, since resources had now been identified within the Council’s budget for these courses. 

 

It was noted that the word ‘preferable’ in paragraph 8 of Appendix 1 should be replaced with ‘essential’ in order to reflect the fact that the Council would not issue a licence without the result of a Disclosure and Barring Service check. 

 

Members of the Committee emphasised that the introduction of these measures demonstrated the Council’s commitment to the safety of members of the public travelling in vehicles licensed in the town.   

 

            RESOLVED that

 

(a)       the proposed changes to Hackney Carriage and private hire licensing conditions, as set out in paragraphs 13-18 of the report at Appendix 1 are approved;

 

(b)       new arrangements to provide child sexual exploitation and disability training to new and existing Hackney Carriage and private hire drivers prior to the issue of a new or renewed licence, as set out in paragraphs 10 and 11 of the report, are approved subject to the following:-

 

(i)         the deletion of ‘Training will be at the expense of the applicant’ in paragraph 10;

 

(ii)        the deletion of the last two sentences of paragraph 11.

 

(c)        a presentation of the CSE and disability awareness training for Hackney Carriage and private hire drivers be offered to all Councillors.  

46.

References from Other Committees

Any references arising from meetings held after the publication of this agenda will be circulated separately

46a

Reference from Scrutiny Committee - Review of Fixed Odds Betting Terminals pdf icon PDF 256 KB

The Scrutiny Committee recommended to the Licensing Committee that the Council’s Statement of Gambling Act Licensing Policy be reviewed to place more emphasis on local risks as set out at paragraph 29 of the report.

Minutes:

The Scrutiny Committee recommended to the Licensing Committee that the Council’s Statement of Gambling Act Licensing Policy be reviewed to place more emphasis on local risks as set out at paragraph 29 of the report.

 

The Committee had earlier agreed to replace this Policy Statement (see Minute 44 above) and would incorporate the Scrutiny Committee’s recommendation in the review.

 

RESOLVED that the Scrutiny Committee’s recommendation to place more emphasis on local risks, as set out at paragraph 29 of the report, be incorporated in the review of the Statement of Gambling Act Policy.

47.

Matters of Urgent Business

Such other business which, in the opinion of the Chairman, should be considered as a matter of urgency by reason of special circumstances to be specified in the minutes.

Minutes:

None.