Agenda and draft minutes

Licensing Regulatory Committee - Monday, 4 July 2022 2.15 p.m.

Venue: Assembly Room, Kendal Town Hall, Kendal

Contact: Adam Moffatt  Legal, Governance and Democracy Specialist

Items
No. Item

LR/1

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 the following Declaration of Interest was made:-

 

(1)        Councillor David Webster raised a non-pecuniary interest for transparency by virtue of the fact that he knew one of the local private hire operators which was discussed under Minute No. LR/26 - Review of South Lakeland District Council Hackney Carriage and Private Hire Licencing Policy.

 

LR/2

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/3

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 there were no members of the public present.

 

LR/4

Review of South Lakeland District Council Hackney Carriage and Private Hire Licensing Policy pdf icon PDF 261 KB

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

Additional documents:

Minutes:

Note – Councillor David Webster, for the purpose of transparency, declared a non-pecuniary interest in this item by virtue of the fact that he knew one of the local private hire operators within the District; however, he was not bias or predetermined, therefore he remained in the meeting with voting rights.

 

The Principal Specialist for the Health & Environment provided a report on the revised Hackney Carriage and Private Hire Licensing Policy 2022 following public consultation. The recommendation was for the Committee to approve the revised Policy. The Policy has been reviewed in line with Statutory and best practice guidance for taxi and licensing authorities, with the suggested amendments listed within the report. Should the Members approve this draft Policy, it is due to proceed to Overview and Scrutiny Committee prior to adoption.

 

The current Hackney Carriage and Private Hire Licensing Policy was approved by the Committee in December 2018, since that date there have been a number of changes to take into consideration.

 

The Officer provided an outline of the background and proposals. Subsequent amendments agreed at the Licencing Regulatory Committee on 07 February 2022 are included within the report. As are the additional proposals following public consultation. Each amendment is referenced to the relevant paragraph of the draft Policy included in brackets and are also highlighted in red within the draft Policy at Appendix 1.

 

The Chairman prompted questions from Members.

 

Members requested clarification on whether it was only new vehicles that must apply to the minimum Euro 6 standards. The Officer responded to confirm the affirmative and that all new vehicles engines must be at a minimum of Euro 6 standard. This is being implemented to ensure that new vehicles on the SLDC fleet are not emitting dangerous levels of emissions and pollution. The Council supports and will encourage the use of low-carbon alternative vehicles, particularly the use of electric vehicles for Hackney Carriage and Private Hire purposes. 

 

RESOLVED – That the Licencing Regulatory Committee:-

 

(1)   Noted the contents of the report; and

(2)   Approved the draft Hackney Carriage & Private Hire Licensing Policy (Appendix 1) and agreed that this be adopted following the meeting of the Overview and Scrutiny Committee meeting unless any matters are referred back to the Committee.

 

LR/5

The Gambling Act 2005 - Review Statement of Gambling Licensing Policy pdf icon PDF 345 KB

To consider the revised Statement of Gambling Licensing Policy following a formal consultation period.

Additional documents:

Minutes:

The Principal Specialist for the Health & Environment provided a report on the revised Statement of Gambling Licencing Policy following a review and a formal consultation period.

 

The revised Policy has undertaken a formal consultation process in line with Regulation 7 of The Gambling Act 2005 (Licensing Authority Policy Statement) (England and Wales) Regulations 2005. The Overview and Scrutiny Committee have also been consulted on the revised Policy at their meeting on 04 March 2022. Should the revised draft Policy be approved, the matter should then progress to Full Council for approval in advance of the policy becoming the new licensing framework for stakeholders within South Lakeland District.

 

The Officer relayed that this Policy has sought to support and strengthen three Gambling Licencing Objectives:

 

  • Preventing gambling from being a source of crime and disorder, being associated with crime or disorder or being used to support crime;
  • Ensuring that gambling is conducted in a fair and open way;
  • Protecting children and other vulnerable persons from being harmed or exploited by gambling.

 

It was approved by the Licensing Regulatory Committee on 7 February 2022 that the revised Policy could proceed to public consultation. It was also approved at The Overview and Scrutiny Committee on 4 March 2022 that they recommend to the Licencing Regulatory Committee and Full Council that the revised Statement of Gambling Licensing Policy (Appendix 1) be adopted following the public consultation, and consideration of any comments received.

 

The Chairman prompted questions from Members.

 

No further questions were put forward.

 

RESOLVED: That The Licensing Regulatory Committee agreed to:-

 

1)    Note the recommendation from The Overview and Scrutiny Committee that the revised Statement of Gambling Licensing Policy be adopted following the public consultation, and consideration of any comments received;

2)    Note that no comments were received during the public consultation for members to consider; and

3)    Recommend to Full Council that the Statement of Gambling Licensing Policy (Appendix 1) be adopted.