Agenda and draft minutes

Licensing Regulatory Committee - Monday, 7 February 2022 2.15 p.m.

Venue: District Council Chamber, South Lakeland House, Kendal. View directions

Contact: Committee Services 

Items
No. Item

LR/13

Declarations of Interest

To receive declarations by Members of interests in respect of items on this Agenda.

 

Members are reminded that, in accordance with the revised Code of Conduct, they are required to declare any disclosable pecuniary interests or other registrable interests which have not already been declared in the Council’s Register of Interests.  (It is a criminal offence not to declare a disclosable pecuniary interest either in the Register or at the meeting.)

 

Members may, however, also decide, in the interests of clarity and transparency, to declare at this point in the meeting, any such disclosable pecuniary interests which they have already declared in the Register, as well as any other registrable or other interests.

 

If a Member requires advice on any item involving a possible declaration of interest which could affect his/her ability to speak and/or vote, he/she is advised to contact the Monitoring Officer at least 24 hours in advance of the meeting.

Minutes:

RESOLVED – That it be noted that no declarations of interest were raised.

LR/14

Local Government Act 1972 - Excluded Items

To consider whether the items, if any, in Part II of the Agenda should be considered in the presence of the press and public.

Minutes:

RESOLVED – That it be noted that there are no excluded items on the Agenda.

LR/15

Public Participation

Any member of the public who wishes to ask a question, make representations or present a deputation or petition at this meeting should apply to do so by no later than 0:01am (one minute past midnight) two working days before the meeting.  Information on how to make the application can be obtained by viewing the Council’s Website www.southlakeland.gov.uk or by contacting the Committee Services Team on 01539 733333.

 

(1)        Questions and Representations

 

            To receive any questions or representations which have been received from members of the public.

 

(2)        Deputations and Petitions

 

            To receive any deputations or petitions which have been received from members of the public.

Minutes:

RESOLVED – That it be noted that no questions, representations, deputations or petitions had been received in respect of this meeting.

LR/16

The Gambling Act 2005 - Statement of Gambling Licensing Policy pdf icon PDF 488 KB

To consider the revised Statement of Gambling Licensing Policy.

Additional documents:

Minutes:

The Specialist (Environmental Protection) presented the report explaining the proposed arrangements for carrying out a review of the Council’s Statement of Gambling Licensing Policy in accordance with the updated Gambling Commission Local Authority Guidance. The revised policy is intended to provide the licensing framework for stakeholders within the administrative area of South Lakeland District Council. The proposed arrangements for the consultation process were also outlined for approval.

 

The Specialist (Environmental Protection) referred to the requirement under the Gambling Act 2005 to prepare a statement of principles proposed to be applied and publish the statement of policy.

 

The current statement is to cover the period 2022 – 2025.

 

Gambling Commission Guidance is clear in that licensing authorities are able to develop their own consultation processes when revising gambling policy and also states that the results of any consultation process should typically be published within twelve weeks of the consultation period unless there is reason not to. In instances where this happens it is expected that the relevant authority will publish a brief statement to explain why this is the case.

 

The Senior Specialist provided further details on the consultation procedure.

 

Following the end of the public consultation period, officers of the Licensing Authority will collate the comments received and any suggested changes to the draft Statement of Principles will be presented to Members at a future Licensing Regulatory Committee. If approved, the final Statement will be put to full Council for adoption.

 

Local Government Reorganisation is likely to result in a combined approach to the gambling licensing strategy across the revised area of the two new councils. A refresh of policy will follow within the three year period.

 

The Chair requested questions or comments from Members.

 

No questions or comments were noted.

 

RESOLVED – That:

 

(1)        The Draft Statement of Policy and Principles under the Gambling Act 2005 set out in Appendix A for consultation be approved and

(2)        The proposed arrangements for consultation on the Draft Statement of Policy and Principles under the Gambling Act 2005, mentioned at 3.1 to 3.3 be approved.

LR/17

Review of Hackney Carriage and Private Hire Licensing Policy pdf icon PDF 260 KB

To consider the revised Hackney Carriage and Private Hire Licensing Policy 2022.

Additional documents:

Minutes:

The Principal Specialist (Health & Environment) presented the report on the Review of Hackney Carriage and Private Hire Licencing Policy. The recommendation was that the Committee approves the revised Hackney Carriage and Private Hire Licensing Policy 2022 which has been reviewed in line with Statutory and Best practice guidance for taxi and licensing authorities.

 

The Officer explained that the current Hackney Carriage and Private Hire Licensing Policy was approved by the Committee in December 2018.

 

Local Government Reorganisation within Cumbria is proposing a structural change to the existing arrangements of Local Government organisation. This change is likely to result in a combined approach to the licensing strategy across the revised area.

 

Unless there is a compelling reason not to, it is expected by the Department for Transport that the national standards for taxi and private hire vehicles published in July 2020 should be incorporated into hackney carriage and private hire policies.

 

The Officer confirmed that proposed changes to the draft policy are listed within the report and made Members aware that there are proposed amendments to legislation currently being considered which may lead to a further review of the HCPH Policy.

 

The Principal Specialist (Health & Environment) explained that if Members are minded to approve the draft HCPH Policy, it will proceed to public consultation on the proposed changes to the policy. Following the consultation any feedback will be collated and the draft policy may be revised. The draft HCPH Policy will be put forward to the Licensing Regulatory Committee for approval. Overview and Scrutiny Committee will also review these changes.

 

The Chair requested questions or comments from Members.

 

Cllr Andrew Jarvis enquired as to what provision is made for electric vehicles and the assessment of vehicle age within the policy. The Officer accepted that change is necessary but, currently, there are no Government incentives or assistance to buy electric vehicles. The Committee was reassured that the Council’s standards are high and it was confirmed that the assessment of the options available in relation to fuel and electric vehicles is ongoing.

 

No further questions or comments were raised.

 

RESOLVED – That:

 

(1) Members noted the contents of the report

(2) The incorporation of the Statutory Taxi and Private Hire Vehicle Standards (Appendix 2) into the Hackney Carriage and Private Hire Policy be approved;

(3) The draft Hackney Carriage and Private Hire Licensing Policy (current draft at Appendix 1) for consultation be approved.