Agenda and minutes
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Contact: Pauline Ross
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Apologies Minutes: An apology for absence was received from Councillor P. Lammas. |
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Declarations of Interest To invite Councillors to declare any Disclosable Pecuniary Interests or Other Disclosable Interests they may have in items on the agenda, and to confirm the nature of those interests. Minutes: No declarations of interest were received. |
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Minutes: The minutes of the meeting of the Licensing Committee held on 14th September were submitted.
RESOLVED that the minutes of the meeting be approved as a correct record. |
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Verbal Update from the Senior Licensing Practitioner, Worcestershire Regulatory Services, on Child Sexual Exploitation awareness raising Minutes: At the request of the Chairman and as noted during the Licensing Committee meeting held on 14th September 2015, Members received a verbal update with regard to Safeguarding Children and the role of Licensing Officers, Worcestershire Regulatory Services (WRS) in raising awareness with licensed premises and hackney carriage and private hire drivers with regard to Child Sexual Exploitation (CSE).
The Senior Licensing Practitioner, WRS, gave apologies on behalf of the Licensing and Support Manager, WRS who was unable to attend.
The Senior Licensing Practitioner, WRS, informed Members that following on from the recent high profile independent inquiries into CSE, in Rotherham; WRS were keen to show support and to play a key role in raising awareness of CSE and would look for every opportunity to raise awareness of CSE.
WRS were carrying out a series of awareness raising initiatives on behalf of Worcestershire County Council, Safeguarding Children Board, as detailed in their Child Sexual Exploitation (CSE) Strategy Action Plan. The action plan was a multi-agency approach which highlighted the complexity of CSE and the need to raise awareness of CSE. There were four key priorities to the action plan:-
1. Prevention and Education 2. Recognition and Identification 3. Intervention and Support 4. Pursue and Disrupt
As part of the Intervention and Support key priority, WRS were responsible and tasked to:- · Undertake a CSE awareness raising campaign with hackney carriage · Undertake a CSE awareness raising campaign with licensed premises in partnership with the Community Safety Partnerships District Tasking Groups. · District Council Licensing Committee Members to be made aware of CSE responsibilities.
In line with its responsibilities under the action plan, WRS had incorporated information leaflets within its application processes in order to raise awareness of CSE amongst the licensed trade, both for premises licence holders and the taxi trade. The information leaflets were routinely added to outgoing granted licence packs. Raising CSE awareness had also been an agenda item at Taxi Forum meetings so that trade representatives could pass the relevant information onto their members. Licensing Committee Members were provided with a copy of both information leaflets.
The hackney carriage and private hire trade and licensed premises were an integral part of the local working economy. They could often be seen as the eyes and ears of the community, so raising awareness within these groups was a vital link within the action plan.
As detailed on the Licensing Committee work programme, a further in depth presentation on CSE, from the Head of Community Services, was scheduled to take place on 14th March 2016.
Following further discussion and questions were raised on how information from Worcestershire Safeguarding Children Board meetings was disseminated to Members. It was suggested that the District Councils representative on the Worcestershire Safeguarding Children Board be invited to attend the next meeting of the Licensing Committee.
The Chairman thanked the Senior Licensing Practitioner, WRS, for his verbal update and that Members welcomed the input from WRS with regard to their CSE awareness raising initiatives and involvement. |
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Gambling Act 2005 - Review of Statement of Principles - Consultation Results Additional documents:
Minutes: Following on from the Licensing Committee meeting held on 8th June 2015, when Members approved for the purpose of consultation, the draft Statement of Principles. Members were asked to consider the responses received to the consultation and the changes incorporated into the draft Statement of Principles as a result of those responses.
The Senior Licensing Practitioner, Worcestershire Regulatory Services (WRS), presented the report and in doing so informed Members that during the consultation period two responses had been received, one from Wythall Parish Council and one from the Gambling Commission. Wythall Parish Council had confirmed that they did not have any adverse comments to make. The Senior Licensing Practitioner, WRS, drew Members’ attention to the response received from the Gambling Commission, as detailed at Appendix 1 to the report.
Productive meetings had taken place with WRS officers and the Gambling Commission. The Gambling Commission were more than happy with their input and their suggested changes being incorporated into the draft Statement of Principles.
Members were further informed that the suggestions made by the Gambling Commission had been incorporated into the draft Statement of Principles, as detailed at Appendix 2 to the report. These included:-
· A new section that set out the Council’s intention to develop a ‘Local Area Profile’, as detailed in section 3.0 of the draft Statement of Principles. · Guidance for operators on the matters that the Council believed they should consider when compiling their own local risk assessments. This will be a requirement from 6th April 2016, as detailed in section 9.0 of the draft Statement of Principles. · Further detail in relation to the way the Council would approach its enforcement and compliance role under the Gambling Act 2005, as detailed in sections 19.6 and 19.7 of the draft Statement of Principles
In response to questions from Members, the Senior Licensing Practitioner, WRS, informed the Committee that, operators would have to assess local risks, including ‘whether the premise is in an area of deprivation’. The Local Authority could then decide if any additional measures were necessary in order to protect vulnerable people who may gamble beyond their means.
In order to ensure compliance with the law the Council would prepare a risk based Inspection Programme and would carry out regular ‘routine’ day time programmed inspections, as detailed in sections 19.6 and 19.7 of the draft Statement of Principles.
RECOMMENDED: (a) that Council approve the Statement of Principles, as detailed at Appendix 2 to the report, and (b) that the Statement of Principles be published by 31st January 2016. |
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Hackney Carriage and Private Hire Licensing Policies - Consultation Results Additional documents:
Minutes: During the Licensing Committee meeting held on 23rd March 2015, Members received a report detailing some potential changes to the Council’s existing policies and procedures for hackney carriage and private hire licensing.
The Senior Licensing Practitioner, WRS, introduced the report and in doing so reminded Members that the potential changes had originated from the Bromsgrove Taxi Association and trade forums held in February and March 2015. After considering a summary of the responses to the proposals from the trade forums; Members had agreed that a formal consultation on the proposals be carried out by Worcestershire Regulatory Services.
The consultation exercise had commenced in late April 2015 and had ended on 31st July 2015. The consultation was also advertised on the Council’s website and via social media channels. Further consultation was also carried out with Bromsgrove Engagement and Equalities Forum. Members’ attention was drawn to section 3.7 of the report which detailed all of those consulted with. A summary of the consultation results was shown at Appendix 2 to the report.
The Senior Licensing Practitioner, WRS, further informed the Committee that a total of twenty five responses had been received; twenty four from licensed drivers / operators and one from a Traffic Management Advisor for West Mercia Police.
Members unanimously agreed that each question and the comments received to each question should be considered individually. In depth discussions took place on each question with the following being agreed:-
Questions:- · “The Council is considering introducing a “private hire only” licence alongside the dual hackney carriage and private hire driver licence it currently issues”.
The licensing requirements for this new type of licence would be the same as for the dual licence, but the “knowledge test” taken would be tailored to the private hire sector of the trade only with less emphasis placed on elements of local geographic knowledge that is more relevant those licensed to drive hackney carriage vehicles.
The Council’s Legal Advisor informed the Committee that this question was considered, as legislation was designed so as licences could be seen as individual licences, and not just as a currently offered by the Council, as dual licences. Members should therefore consider offering applicants the opportunity and choice to apply for either of the three licences, a hackney carriage driver licence, a private hire driver licence and a dual hackney carriage and private hire driver licence.
Members were in agreement that three types of licenses should be introduced; hackney carriage driver licences, private hire driver licences and dual hackney carriage and private hire driver licences. Private hire driver licence applicants would undertake a different knowledge test to those applicants who applied for hackney carriage or dual driver licences.
· “The Council is considering requiring all new applicants for licences to drive Hackney Carriage and/or Private Hire vehicles to undertake a driving standards test”.
Members were in agreement that all new applicants should undertake a driving skills assessment conducted by Worcestershire County Council, Road Safety Unit.
· “The Council is also considering requiring all licence ... view the full minutes text for item 22/15 |
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Uber Information Report Minutes: As requested at the previous meeting of the Committee, Members were provided with an update from the Senior Licensing Practitioner, Worcestershire Regulatory Services, (WRS), on the company that trades as Uber.
The Senior Licensing Practitioner, Worcestershire Regulatory Services, (WRS), informed the Committee that Uber was growing rapidly and now operated in Birmingham, under Birmingham City Council’s private hire operator’s licence.
Uber Technologies Inc. was an American international transportation network company, with its headquarters in San Francisco, California. The company developed, marketed and operated the Uber mobile application (app), which allowed consumers with smartphones to submit a trip request which was then routed to Uber drivers. Essentially it was an online booking service for private hire vehicles.
The activities of Uber had provoked controversy in some countries. Questions were raised about the legalities of their operating model. However, it should be stressed that in the UK, Uber appeared to be operating entirely lawfully within the private hire licensing regimes.
The controversy surrounding Uber’s operation in London related to the way that fares were calculated and charged to passengers who used the Uber app; and the fact that the fares were generally cheaper than those charged by London’s world famous ‘Black Cabs’. In London only licensed hackney carriages could use taximeters, under section 11 of the Private Hire Vehicles (London) Act 1988. Recently the transport regulator Transport for London (TfL) had brought a case to the high court following pressure from the city’s black-cab and minicab drivers. But the high court ruled that Uber’s app was legal in London.
The Senior Licensing Practitioner, WRS, responded to Members’ questions and explained that fares were calculated via GPS. Fares were cheaper due to the number of taxis available. Uber was very streamlined. The Uber app calculated the nearest available driver and allocated the job to that driver. Drivers paid a rental fee to Uber.
As with all licensed private hire operators, Uber could dispatch vehicles and drivers to carry out work anywhere in the country; provided that the vehicle and driver allocated the booking were licensed with the local authority that had issued the relevant private hire operator licence. Due to the relaxation on sub-contracting rules for private hire vehicles, which came into effect on 1st October 2015, Uber could also sub-contract bookings to other licensed private hire operators in other local authority areas so that, that operator could then dispatch an appropriately licensed vehicle and driver.
The Chairman and Committee Members thanked the Senior Licensing Practitioner, WRS, for his comprehensive update report on Uber.
RESOLVED that the Uber update report be noted. |
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Licensing Committee Work Programme 2015/2016 Minutes: The Committee considered the Work Programme for 2015/2016.
RESOLVED that the Licensing Committee Work Programme be updated to include the items discussed and agreed during the course of the meeting. |