Agenda and minutes

To elect a Chairman for the 2023/24 municipal year.

RESOLVED:  That Councillor Beth Rowland be elected Chair for the 2023-24 municipal year.

To appoint a Vice-Chairman for the 2023/24 municipal year.

RESOLVED:  That Councillor Sarah Kerr be appointed Vice Chair for the 2023-24 municipal year.

To receive any apologies for absence.

Apologies for absence were submitted from Councillors Peter Dennis and Shahid Younis.

To receive any declarations of interest.

There were no declarations of interest.

To confirm the Minutes of the Meeting held on 30 January 2023.

The Chair read out a statement regarding a data breach relating to Appendix C of the Hackney Carriage and Private Hire Licensing Policy public consultation responses and determination.

The Minutes of the meeting of the Committee held on 30 January 2023 were confirmed as a correct record and signed by the Chair.

Councillor Burgess sought an update on the items listed under the forward programme. Keiran Hinchcliffe indicated that the Audit of compliance and enforcement had been circulated via email.  The Statement of Licensing Policy had been delayed as it had not been possible to undertake a consultation during the Purdah period.  This would now come to the Committee’s October meeting.

Members asked that the inclusion of a forward programme in the agenda and an action tracker in the Minutes, be re-instated.

To answer any public questions.

A period of 30 minutes will be allowed for members of the public to ask questions submitted under notice.

The Council welcomes questions from members of the public about the work of this committee.

Subject to meeting certain timescales, questions can relate to general issues concerned with the work of the Committee or an item which is on the Agenda for this meeting.  For full details of the procedure for submitting questions please contact the Democratic Services Section on the numbers given below or go to www.wokingham.gov.uk/publicquestions

There were no public questions.

To answer any member questions.

There were no Member questions.

To receive and consider the above report.

The Committee considered the Hackney Carriage and Private Hire Licensing Policy public consultation responses and determination report.

During the discussion of this item, the following points were made:

·       The report detailed the public consultation regarding the Hackney Carriage and Private Hire Licensing Policy.

·       In July 2020, the Department for Transport had issued Statutory Taxi & Private Hire Vehicle Standards (“the 2020 standards”) which stated that Licensing Authorities must use their licensing powers to protect children and vulnerable adults. This Council had already previously implemented a number of the recommendations in its existing policy on its own volition, but the 2020 standards provided the opportunity to further tighten the current licensing scheme.

·       Members were informed that the draft policy had been commissioned in collaboration with the Public Protection Partnership in West Berkshire and Bracknell Forest Councils. Wokingham Borough Council would be the first to introduce a reviewed policy.

·       Keiran Hinchcliffe took the Committee through the key principles of the policy.  This included that vehicles up to five years old (or which had travelled less than 25,000 miles) would be subject to an inspection before grant or renewal, and at 6 months after the date of grant or renewal at one of the Council’s nominated testing stations; that where vehicles were five years or older, or which had travelled more than 25,000 miles, they would be subject to an inspection before grant or renewal and then at 4 20 monthly intervals for the duration of the licence. If an inspection was not carried out in the month that it was due, the licence would be suspended until such a test had been passed. The 10 year age limit (unless in “exceptional condition”) would be repealed; and all vehicles must meet the Euro 5 or Euro 6 emissions standards if they were being submitted for grant or renewal of a licence.

·       The Community Transport Manager had asked whether the driver proficiency certificate required would effectively be a second driving test.  If so, she was of the view that this could have an impact on the number of drivers for school transport and possibly lead to a shortage.  Members were informed that additional requirements around driving proficiency were not part of the statutory provision but would help drive up driving standards.

·       There was no statutory definition as to what amounted to a fit and proper person, but Officers were looking to define this and to provide robust guidance.

·       Councillor Soane asked whether there would be an exemption for classic cars that would be used for weddings but would not pass the emissions standards.  Keiran Hinchcliffe indicated that there would be consideration for such vehicles.

·       Councillor Burgess questioned how 4 monthly intervals for testing, if the vehicle was over 5 years old, had been decided upon.  She also questioned what the approximate cost would be for drivers.  Keiran Hinchcliffe responded that the figures had come from the initial request to the Licensing Lawyers firm, James Button and Co.  In terms of fees, these would be set  ...  view the full minutes text for item 8.

To receive and consider the above report.

The Committee received a report regarding an approach for tackling gambling related harm.

During the discussion of this item, the following points were made:

·       Members were reminded that local authorities were responsible for issuing gambling premises licences, monitoring compliance with the terms of these licences and the wider Gambling Act 2005, and taking enforcement action if necessary, and were required to have regard to the Gambling Act’s licensing objectives, one of which was protecting children and other people from being harmed or exploited by gambling.

·       The Council had not previously undertaken underage sales testing for betting premises.

·       It was intended that the findings of the operation would be reported back to the Committee at its October meeting.

·       Councillor Soane had previously asked about the Council’s policy regarding advertising gambling within taxis, and questioned whether this had been further considered.  Keiran Hinchcliffe stated the draft Hackney Carriage and Private Hire Licensing Policy referenced wraps being legal and complying with Advertising Agency Standards Code of Practice.  Some Members felt that advertising relating to gambling and alcohol in taxis should be limited.

·       Councillor Loyes asked how the Council compared with others, and benchmarking data, in this area.

·       Councillor Kerr queried whether Licensing were feeding into the Local Plan Update.  Keiran Hinchcliffe commented that there was a low level of gambling premises within the Borough.  The impact of these premises could be better assessed following the operation.  Councillor Kerr suggested that data from other areas of the Council such as Public Health could help provide a clearer picture of their impact.

·       Councillor Smith commented that since the pandemic a lot of gambling had moved online, and that the Committee was limited in how it could influence this area.  He felt that the impact of gambling was a Council wide issue and should be looked at corporately, for example the number of suicides attributable to gambling.  A whole Council approach was required.  Councillor Firmager agreed that the effect on the families of those impacted by gambling should also be taken into consideration.

RESOLVED:  That the Statement of Gambling Principles be noted and that it be agreed that officers should initiate an operation in reference to the best practice for the Licensing Authority as identified in Local Government Association guidance.