Agenda item
CURRENT CONSULTATIONS ON LICENSING MATTERS
The Director of Local Services and Enforcement submits information on three current licensing consultations.
Further information on these consultations can be found on the Council’s website via the following links:-
i) Private Hire and Hackney Carriage Licensing
ii) Licensing Act Policy
iii) Gambling Act Policy
Minutes:
The Director of Local Services and Enforcement submitted information on three current licensing consultations. The Head of Licensing and Pollution Control advised the Commission that all three consultations ended on 16 August 2015.
a) Taxi Licensing
The Head of Licensing and Pollution Control introduced this consultation, drawing attention to the four areas of taxi licensing that were being consulted on, namely:-
i) The introduction of longer duration driver licences of up to three years;
ii) The introduction of a Penalty Points scheme for driver misconduct;
iii) Proposed awareness training in relation to Child Sexual Exploitation; and
iv) A review of the existing vehicle age policy for taxis.
It was noted that it was proposed that one of the criteria for issuing a three year taxi driver licence would be that the driver had no serious criminal convictions. Members asked what constituted “serious” criminal convictions and expressed concern that someone could commit a serious offence very soon after receiving a three year licence and the Council could be unaware of this.
The Head of Licensing and Pollution Control explained that a serious conviction would be for offences such as assault, violence or dishonesty. Each driver had to have a criminal records check every three years, but it was hoped that the Council would be advised of any serious offences as they arose. However, there currently was no system that guaranteed that this would happen. Under the proposed Penalty Points scheme for driver misconduct, a driver would receive three Penalty Points for failing to notify the licensing authority of a conviction.
It was suggested that, rather than having variable length licences, they all should be for the same length, for example either one or three years, but the Head of Licensing and Pollution Control Current explained that current legislation required the Council to extend licences beyond one year unless there was good reason not to. By varying the length of licences, drivers could be seen more regularly if the Council had any concerns about their conduct.
Members queried whether any other licensing authorities used the Penalty Points scheme for driver misconduct and, if they did, how successful they found it. It was acknowledged that the Driver and Vehicle Licensing Agency already operated a penalty points system for drivers committing driving offences and asked whether this would be a sufficient means by which to assess drivers’ suitability for a three year licence.
The recommendation that all drivers should be provided with Child Sexual Exploitation awareness training had been made as the Council wanted the drivers to be the “ears and eyes” of the city and report concerns they had. This was fully supported by the Commission.
Councillor Clair, Assistant City Mayor – Culture, Leisure and Sport, addressed the Commission at the invitation of the Chair, explaining that:
· The Council had regular dialogue with the National Union of Rail, Maritime and Transport Workers, so its members were aware of the changes being proposed in these consultations;
· It was proposed that the Penalty Points scheme for driver misconduct initially would be introduced for a trial period of 12 months. During this time, discussions could be held to ensure that the scheme of points was appropriate;
· The Head of Licensing and Pollution Control would manage the Penalty Points scheme for driver misconduct. All drivers would have a right of appeal against any points awarded under this system before a final decision was made;
· Drivers had indicated that they were happy to undertake the Child Sexual Exploitation awareness training; and
· A report on the final recommendations arising from these consultations would be presented to the Executive. That report also could be presented to this Commission for scrutiny.
In response to questions from Members, the Head of Licensing and Pollution Control explained that documentary evidence would need to be provided to substantiate a complaint of driver misconduct. The driver could challenge this evidence.
The length of a driver’s licence would be reduced when that driver had accumulated 12 points. To reach this level, repeated misconduct must have occurred. A report would be made to the Council’s Licensing Enforcement Sub-Committee for a decision to be made on whether the driver’s licence should be revoked or suspended. If this was done, the driver could appeal to a magistrate’s court and the revocation or suspension would not come in to effect until the appeal had been heard.
Members enquired whether exceptions to the upper age limit for vehicles could be made, (for example if the Council’s taxi testing station confirmed that a vehicle was in good order). However, the Head of Licensing and Pollution Control advised that this could become rather arbitrary. Also, with the age limit set at 11 years, the fleet renewed more quickly than with an age limit of, for example, 15 years and newer vehicles tended to be more efficient, creating less pollution.
AGREED:
1) That the Scrutiny Policy Officer be asked to pass the Commission’s comments on the consultation on taxi licensing to the Head of Licensing and Pollution Control as follows:-
a) A clear definition of what is meant by a serious criminal offence committed by a licensed hackney or private hire driver is needed;
b) Licences for hackney or private hire drivers should be for a standard term of either one or three years;
c) There should be a formal agreement with partner agents, including the police, under which the Council is informed directly of any relevant convictions of, or offences by, licence-holders;
d) Further consideration should be given to the Council’s proposed Penalty Points system for driver misconduct. This should include ensuring that there is a fair and effective way of managing it and that what constitutes an offence is clearly stated;
e) If the Penalty Points system for driver misconduct is introduced, the Assistant City Mayor – Culture, Leisure and Sport be asked to present the report of the review of its operation in 12 months’ time to this Commission for scrutiny; and
f) The requirement to attend child sexual exploitation awareness training is fully supported; and
2) That the Assistant City Mayor – Culture, Leisure and Sport be asked to submit a report in 12 months’ time on the review of the trial period of operation of the penalty points scheme to be scrutinised by this Commission.
b) Licensing Act Policy
The Head of Licensing and Pollution Control explained that the Council was required to review its Licensing Act Policy every five years. This was the purpose of the current consultation.
Members expressed some concern at the recommendation that off-licenses in areas associated with problem street drinking should not sell high alcohol content drinks. This could result in customers going to other outlets in the area to buy these drinks, which would be detrimental to the trade of off-licenses.
In reply, the Head of Licensing and Pollution Control explained that the restriction would apply to all licences in areas that had problems with street drinking. This already was used in some parts of the city, such as London Road, and had led to a reduction in problems being experienced with street drinking.
AGREED:
That the Scrutiny Policy Officer be asked to advise the Head of Licensing and Pollution Control that this Commission comments on the consultation on the Council’s Licensing Act Policy as follows:-
The Commission welcomes the consultation, but considers that the policy of banning some stores from selling high alcohol content drinks while others are allowed to sell such drinks is anti-competitive and may lead to smaller local businesses losing trade.
c) Gambling Policy Review
The Head of Licensing and Pollution Control drew Members’ attention to the proposal that area profiles would be drawn up for all parts of the city. Members welcomed this, but noted that this could not be done until guidance was received from the Gambling Commission on what could be included.
Members raised concern that currently there was no limit to bets that could be placed through fixed-odds betting machines and suggested that a limit of £2 should be applied. The Head of Licensing and Pollution Control noted these concerns and advised the Commission that the Council previously had lobbied the government for such a limit to be introduced, but without success.
Concern also was raised about the number of betting shops that could be located in one street. The Head of Licensing and Pollution Control confirmed that this was a concern nationally, but the Gambling Act did not include any power to limit the number of betting shops in one area. Instead, the government was proposing that planning restrictions could be used to limit numbers.
Councillor Sood, Assistant City Mayor – Communities and Equalities, addressed the Commission at the invitation of the Chair. She reminded Members of her declaration of interest, (see minute 2, “Declarations of Interest”, above), noting that Leicester was a very diverse city, with many different places of worship. However, betting shops were opening near places of worship, which was of concern to residents and worshipers. To help avoid this, it would be useful to include information on places of worship in the area profiles to be prepared.
The Commission concurred with this and suggested that a definition of what constituted a place of worship should be included in the area profiles. The Head of Licensing and Pollution Control advised that this was the sort of issue that it was hoped could be included in area profiles, but this could not be assured until guidance on completion of the profiles was received from the Gambling Commission.
It was suggested that indices of deprivation could be used to help create area profiles, which could help identify any correlation between the locations of betting shops and deprivation.
Councillor Master, Assistant City Mayor - Neighbourhood Services, addressed the Commission at the invitation of the Chair, suggesting that the location of betting shops could be plotted on the map of the locations of places of worship previously compiled by the Council.
AGREED:
That the Scrutiny Policy Officer be asked to pass the Commission’s comments on the consultation on the Gambling Policy review to the Head of Licensing and Pollution Control as follows:-
a) It is recommended that area profiles of the city should be prepared as soon as advice on what can be included is received from the Gambling Commission, to allow gambling licence applications to be judged on their local and cumulative impact on the local communities, especially in terms of pre-existing deprivation within those communities and including the impact on local places of worship; and
b) It is recommended that the council continues to support the campaign for a reduction in the maximum bet which can be made in fixed-odds betting machines to £2.
Supporting documents:
PDF 114 KB