Agenda and draft minutes

To elect a Vice-Chair for the 2024/25 Municipal Year from among the membership of the Committee.

The Chairman invited nominations for the position of Vice-Chair.   Cllr Smith was proposed by Cllr Woods and seconded by Cllr Jones.   Cllr Forster was proposed by Cllr Dorn and seconded by Cllr Coburn.  Following a show of hands, Cllr Smith was elected as Vice-Chair of the Committee for the 2024/25 Municipal Year.

To confirm the minutes of the meeting held on 6 February 2024 as a correct record of the proceedings.

It was agreed to adjourn the debate on agreeing the accuracy of the minutes until later in the meeting pending advice from the representative from Shared Legal Services.

To receive any apologies for absence from Members*.

*Note: Members are asked to email Committee Services in advance of the meeting as soon as they become aware they will be absent.

Apologies for absence had been received from Cllrs Crisp, Farmer, Harward and Thomas.

To declare disclosable pecuniary, and any other, interests*.

*Note: Members are asked to email Committee Services in advance of the meeting as soon as they become aware they may have an interest to declare.

Cllr Forster declared a personal and non-prejudicial interest in the item on the adoption of the Hackney Carriage and Private Hire Policy 2024-2029 in respect of a personal friendship with Mr Roy Sheriff, a taxi operator, but was of the opinion that this would not affect his decision making on this item. 

The Chair had no announcements.

This report provides an update to the Licensing Committee on the outcome of the consultation on the Statement of Principles Gambling Act 2005 Policy and recommends approval of the Policy.

Recommendation:

The Licensing Committee is recommended to:

·         adopt the Statement of Principles Gambling Act 2005 Policy, as set out in Appendix A; and

·         authorise the Executive Director – Place, in consultation with the Portfolio Holder, to make any necessary minor alterations/typographical corrections to the Policy before it is published.

The Committee considered the report of the Executive Director – Place, which recommended the adoption of the Statement of Principles Gambling Act 2005 Policy, following public consultation.  

The Licensing Team Leader highlighted that under the Council’s Constitution the Statement of Principles under the Gambling Act 2005 would need to be adopted by full Council and proposed an amendment to the recommendation to reflect this.

Members noted:

·        This was a shared Policy with Basingstoke and Deane Borough Council;

·        The public consultation exercise had involved licence holders, regulatory consultees and had been on both councils’ websites, and

·        No responses had been received during the consultation exercise for either Council. 

Members raised questions concerning:

·        How individual differences agreed by the licensing committee at each Council would be managed going forward; and

·        Equality assessments for premises with gambling activities.

Decision

The Committee resolved to recommend that full Council:

(i)      adopts the Statement of Principles Gambling Act 2005 Policy (as set out in Appendix A to the committee report); and

(ii)       authorises the Executive Director – Place, in consultation with the Portfolio Holder, to make any necessary minor alterations / typographical corrections to the Policy before it was published.

This report provides an update to the Licensing Committee on the outcome of the consultation on the draft Hackney Carriage and Private Hire Policy 2024 – 2029 and recommends approval of the Policy.

Recommendation:

The Licensing Committee is recommended to:

·         adopt the draft Hackney Carriage and Private Hire Policy, as set out in Appendix 2; and

·        authorise the Executive Director – Place, in consultation with the Portfolio Holder, to make any necessary minor alterations/typographical corrections to the Policy before it is published.

The Committee considered the report of the Executive Director – Place which recommended the adoption of the Hackney Carriage and Private Hire Policy 2024-2029, as set out in Appendix 2 to the report, following public consultation.

The Committee noted:

·         20 responses had been received to the consultation and a summary of these were set out in Appendix 1 to the report;

·         All of the consultation responses had been from the trade;

·         The Policy was a shared policy covering both Hart District Council and Basingstoke & Deane Borough Council, once it had been adopted by each individual council’s Licensing Committee; and

·         The Policy would be reviewed periodically (statutory guidance suggested at least every five years) to ensure it reflected current best practice and legislation, and other changes such as in technology, and vehicle specifications.  A review would also be considered where specific issues arose in a council’s area or where there were significant changes to legislation or guidance.

Members raised questions regarding:

·         The definition of a zero emission vehicle;

·         Guidance available from the Licensing Team for the trade on purchasing a new vehicle;

·         Tinted windows;

·         The way seats folded in trade vehicles;

·         Carrying of First aid kits and training for taxi-drivers;

·         First aid;

·         Engine capacity; and

·         Document version control.

·         Internet connection in relation to payments in rural areas

·         Use of video and recording devices

·         Whether any operators were excluded from the area

Decision

It was proposed by Cllr Forster and seconded by Cllr Smith and agreed unanimously that:

(i)    the Hackney Carriage and Private Hire Policy 2024-2029, as set out in appendix 2 to the report, be adopted; and

(ii)  the Executive Director – Place, in consultation with the Portfolio Holder, be authorised to make any necessary minor alterations/typographical corrections to the policy before it is published.

Note:  Cllr Forster declared a non-prejudicial and non-pecuniary interest in this item due to his employment.

The Committee to note that the following Licensing Hearings have taken place since the last meeting of the Licensing Committee on 6 February 2024:

·            25 March 2024 – Hackney carriage licence renewal

Summary of decision:  approved

·            31 May 2024 – Hackney carriage licence renewal

        Summary of decision:  approved

·          24 June 2024 – Hackney carriage licence renewal

        Summary of decision: approved

The reports from the following Licensing Hearings were noted:

25 March 2024 – Hackney carriage licence renewal

31 May 2024 – Hackney carriage licence renewal

24 June 2024 – Hackney carriage licence renewal.

Following the earlier adjournment of this item for legal advice, the representative from Shared Legal Services advised that the Constitution did not state that a Member had to have been present at the meeting in question to vote on the accuracy of the minutes.  However, in terms of logic, it was felt that, if a Member felt informed enough on the content of the minutes to be able to vote, then they could.  It was further advised that, if a Member felt that they did not have the knowledge to determine the accuracy, then normal practice was to refrain from voting. 

It was confirmed that the Constitution did not specify anything different in respect of the confirming of minutes from any other motion put to a meeting.

It was proposed by Cllr Butler and seconded by Cllr Woods that the minutes of the previous meeting held on 6 February 2024 be confirmed as an accurate record of the proceedings.  Following a show of hands, the minutes were agreed and signed by the Chair.