Agenda and minutes

Licensing Committee - Wednesday, 19th January, 2022 5.30 pm

Venue: Council Chamber - Civic Centre, St Luke's Avenue, Harrogate, HG1 2AE.. View directions

Contact: Charles Casey, Democratic Services Officer  Tel: 01423 500600 Email: democraticservices@harrogate.gov.uk

Items
No. Item

14.

Apologies for Absence:

Minutes:

14/21 – APOLOGIES FOR ABSENCE: There were no apologies for absence.

 

(5.30 pm)

15.

Declarations of Interest:

Members to advise of any declarations of interest.

Minutes:

15/21 – DECLARATIONS OF INTEREST: Councillor Nigel Simms declared a personal interest in Minute 20/21 but as this was not a pecuniary interest he remained in the meeting and took part in the debate and vote on the item.

 

(5.31 pm)

16.

Minutes: pdf icon PDF 275 KB

Of the meeting of the Committee held on the 17 November 2021.

Minutes:

16/21 – MINUTES:  The Minutes of the meeting of the Committee held on 17 November 2021 were approved as a correct record and signed by the Chair.

 

(Seven Members voted for the motion and there was one abstention.)

 

(5.31 pm)

17.

Exempt Information:

To determine whether to exclude the press and public during the consideration of any exempt information items.

Minutes:

17/21 – EXEMPT INFORMATION: There were no exempt information items.

 

(5.32 pm)

18.

Public Arrangements - Questions:

To consider any questions under Standing Order 27.

Minutes:

18/21 – PUBLIC ARRANGEMENTS – QUESTIONS: There were no questions to consider under Standing Order 27.

(5.32 pm)

19.

Statement of Principles for Gambling 2021-2024: pdf icon PDF 157 KB

The Food, Licensing & Occupational Safety Manager to submit a written report.

Additional documents:

Minutes:

MATTER REFERRED TO COUNCIL FOR CONSIDERATION

 

19/21 – STATEMENT OF PRINCIPLES FOR GAMBLING 2021-2024: The Food, Licensing and Occupational Safety Manager (FLOSM) submitted a written report the purpose of which was to present to the Licensing Committee the draft Statement of Principles for Gambling 2021-2024. The Gambling Act 2005 (Licensing Authority Policy Statement)(First Appointed Day) Order 2006 required licensing authorities to publish a policy statement that should be applied when determining licences, permits and registrations under the Act. The Statement addressed the Gambling Act 2005, the licensing objectives, premises licences, permits, notices, lottery registration and enforcement in relation to gambling.

 

The previous Gambling Act 2005 (the Act) Statement of Policy was approved by Council on the 5 December 2018. A full review was due every three years and so a review had been completed and a revised Statement was presented to the Committee at Appendix A. The review had taken into account the latest Gambling Commission guidance update of April 2021. No material changes had been made to the Statement, however updates had been made to ensure that links and statistics were current. The Local Area Profile contained within Appendix B had also been updated with the most recent information.

 

A consultation on the draft policy had commenced on 6 December 2021 and had concluded on 3 January 2022. A total of three responses were received and these were attached at Appendix C to the report. In response to the comments the draft statement and Local Area Profile at Appendices A and B had been amended with proposed changes for the Committee to consider, the proposed changes were highlighted in yellow within Appendix A.

 

In response to questions from Members the FLOSM explained that Licensing Officers were able refuse Licences to newly proposed venues if an area was over saturated with venues, this would be based on whether after assessment it was clear there was problem gambling in a particular area or other related issues. The FLOSM explained however that in recent years there had been a decline in in-person gambling in response to an increase in online gambling. In response to a following the question the FLOSM confirmed that online gambling was controlled by the government and that any changes made by the government would automatically come into effect without the need for action from the licensing authority.

 

RECOMMENDED (UNANIMOUSLY):

 

That the Statement of Principles of Gambling 2021-2024 be adopted.

 

(5.32 pm – 5.40 pm)

20.

Local Government (Miscellaneous Provisions) Act 1976, Section 65 - Request to Increase Hackney Carriage Maximum Fares: pdf icon PDF 251 KB

The Food, Licensing and Occupational Safety Manager to submit a written report.

Additional documents:

Minutes:

MATTERS DEALT WITH UNDER DELEGATED POWERS

 

20/21 – LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976, SECTION 65 REQUEST TO INCREASE HACKNEY CARRIAGEMAXIMUM FARES: The Food, Licensing and Occupational Safety Manager (FLOSM) submitted a written report the purpose of which was to consider a request from the hackney carriage trade to increase the maximum chargeable fares payable by the travelling public for hackney carriage journeys. In line with established practice, the Cabinet Member for Housing and Safer Communities had requested a view from the Licensing Committee. Section 65 of the Local Government (Miscellaneous Provisions) Act 1976 provided that a district council may fix the maximum rate of fares within the District and all other charges in connection with the hire of a hackney carriage vehicle. Two requests had been made that the Cabinet Member for Housing and Safer Communities consider an increase in the maximum fare. The Cabinet Member had subsequently asked the Licensing Committee to consider all available options and report back their recommendation.

 

The last rise in maximum fares took effect on 2 December 2020 which resulted in a rise in the maximum hackney carriage fares of 10p on the flag fall (£3.30 to £3.40) and 3% on the running mile and waiting time. Using the Hackney Carriage Fare Review Formula that had been agreed with the Cabinet Member at a previous Taxi Liaison Group it was indicated that the fares be adjusted by +11.22%, see appendix 1 to the report. The formula contained weightings which reflected the percentage impact of each element, fuel for instance was attributed as 20% of overall running costs. The suggested increase of 11.22% was largely down to increases in the cost of running vehicles, this included increases in purchase costs, parts and fuel.

 

At the time of writing this report the cost of fuel was at an all-time high, close to £1.50 per litre, brought about by the increased price of crude oil. The initial request was that the flag fall be raised from £3.40 to £3.60 with a 5% rise on the running mile and waiting time. All other tariff items were to stay as was. A full trade consultation had subsequently taken place with all drivers emailed directly. Responses were contained within appendix 2 to the report. Both Hackney Carriage and Private Hire drivers were consulted and 30 responses (6%) had been received.

 

RESOLVED (UNANIMOUSLY):

 

That the Committee recommend the increase of £3.40 to £3.60 for the flag fall and a 5% rise on the running mile and waiting time as the preferred option to the Cabinet Member for Housing and Safer Communities.

 

(Councillor Nigel Simms advised that in respect of Minute 20/21 he had an interest in that his sister part owned a taxi company within the District. As this did not constitute a disclosable pecuniary interest he therefore remained in the room for the discussion and vote on the item.)

 

(5.40 pm – 5.54 pm)

(D)