Basingstoke & Dean Borough Council
Councillors:
54
Wards:
18
Committees:
22
Meetings (2025):
67
Meetings (2024):
72
Meeting
Licensing Committee - Basingstoke & Dean
Meeting Times
Scheduled Time
Start:
Monday, 2nd September 2024
6:30 PM
Monday, 2nd September 2024
6:30 PM
End:
Monday, 2nd September 2024
9:30 PM
Monday, 2nd September 2024
9:30 PM
Meeting Status
Status:
Confirmed
Confirmed
Date:
02 Sep 2024
02 Sep 2024
Location:
Committee Rooms 1 & 2 - Deanes
Committee Rooms 1 & 2 - Deanes
Webcast:
Available
Available
Meeting Attendees
Chair
Chair of the Licensing Committee
Committee Member
Chair of the Human Resources Committee
Committee Member
Committee Member
Councillor Samir Kotecha
Basingstoke & Deane Independent Group
Apologies, sent representative
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Committee Member
Leader of the Conservative Group
Committee Member
Mayor
Reserve
Chair of the Audit and Accounts Committee
Reserve
Deputy Mayor and Chair of the Resident Services Committee
Agenda
1
Apologies for absence and substitutions
Minutes
Apologies were received from Councillor A Bowes.
Councillor P Basham replaced Councillor S Kotecha
Councillor P Basham replaced Councillor S Kotecha
2
Appointment of Vice-Chair
To appoint a Vice-Chair to the Licensing Committee for the 2024/25 municipal year.
Minutes
Councillor A Mummalaneni was appointed as the Vice-Chair of the Licensing Committee for the 2024/25 municipal year.
3
Declarations of interest
Minutes
There were no declarations of interest.
4
Urgent matters
To consider any items of business, other than those shown on this agenda and which, by reason of special circumstances to be stated at the meeting, in the opinion of the Chairman, should be considered at the meeting as a matter of urgency.
Minutes
There were no urgent matters.
5
Minutes of the meeting held on 5 February 2024
The Chair will move that the minutes of the meeting be signed as a correct record. The only part of the minutes that can be discussed is their accuracy.
Attachments:
- Document Minutes of the meeting held on 5 February 2024 21 Aug 2024
Minutes
The minutes of the meeting held on 5 February 2024 were approved by the Committee as a correct record and signed by the Chair.
6
Draft Hackney Carriage and Private Hire Policy 2024 - 2029
Contact Officer: Emma Coles
This report is for the Licensing Committee to review the draft Hackney Carriage and Private Hire policy and approve for consultation.
This report is for the Licensing Committee to review the draft Hackney Carriage and Private Hire policy and approve for consultation.
Attachments:
- Document Report 21 Aug 2024
- Document Appendix 1 21 Aug 2024
- Document Appendix 2 21 Aug 2024
Minutes
The Cabinet Member for Residents’ Services and Housing introduced the report, alongside the Regulatory Services Manager. The report sought the Licensing Committee to review the draft Hackney Carriage and Private Hire Policy 2024-2029 and approve for consultation.
The Committee discussed the report and made the following comments related to the proposed changes to the policy:
Public Liability Insurance
Queried the proposed changes to the Council’s public liability insurance policy from 2 million pounds to 5 million pounds and the impact this would have on operators. The Regulatory Services Manager stated that the additional cost to operators would be between an additional 50 to 100 pounds.
Drivers Awareness Test (DAT) Changes
The draft policy detailed that if an applicant failed four DAT tests, their application would be returned, and they would be unable to apply for a 12-month period starting on the date of the original new driver’s appointment.
It was questioned whether the timeline as to when applicants would be unable to apply could be increased to a 24-month period. The Regulatory Services Manager stated that this would create problems related to data retention. It was also emphasised that most applicants passed the DAT test within the first four attempts.
Training related to Safeguarding and the Assistance of Disabled Persons
The draft policy detailed that existing drivers would need to undertake refresher training related to safeguarding and the assistance of disabled persons every 3 years to ensure their knowledge remained up to date.
In response to questions, the Regulatory Services Manager clarified that measures related to safeguarding and disabled persons were covered in the Equality Act 2010 and subsequent legislation and the training being more frequent would help fulfil drivers’ duties.
NR3
All Licensing authorities were required to undergo checks for previous licensing offences via the National Register of Taxi Licence Refusals, Suspensions and Revocations (NR3) system operated by the Nation Anti-Fraud Network.
It was clarified that the NR3 system only became mandatory within the last 18 months for all licensing authorities. Questioned whether there was a required timeframe to which the Council had to report offences to the NR3 system. The Licensing Team Leader that the Council had seven working days to report revocations and suspensions of licenses to the national register, with less serious offences requiring to report to the national register within fourteen working days.
Security and Closed-Circuit Television (CCTV)
Questioned why the Council did not seek to require enhanced security or CCTV measures in vehicles which differed from other local authorities in the South-East region. The Regulatory Services Manager highlighted implications in relation to cost, the requirement for consistency with equipment across vehicles and management of data.
Other
Asked if there was a simplified version of the policy to ensure it was easy to understand for drivers. The Regulatory Services Manager clarified that drivers were made aware of the meeting taking place and that drivers were able to take part in the consultation process. The Licensing Team Leader stated that the previous consultation process for the policy had a high response rate, especially from the Hackney Federation. Stated that the table in the report which summarised the changes to the policy was useful. The Cabinet Member for Resident Services and Housing thanked the Committee for their points and stated she would review the issues raised, particularly around security, CCTV in vehicles, and simplification of the consultation process.
Resolved: The Committee:
Approves the draft Hackney Carriage and Private Hire Policy 2024 – 2029 for consultation. Delegates to the Shared Service Licensing Team Leader authority to make minor alterations and typographical corrections to the policy prior to consultation.
The Committee discussed the report and made the following comments related to the proposed changes to the policy:
Public Liability Insurance
Queried the proposed changes to the Council’s public liability insurance policy from 2 million pounds to 5 million pounds and the impact this would have on operators. The Regulatory Services Manager stated that the additional cost to operators would be between an additional 50 to 100 pounds.
Drivers Awareness Test (DAT) Changes
The draft policy detailed that if an applicant failed four DAT tests, their application would be returned, and they would be unable to apply for a 12-month period starting on the date of the original new driver’s appointment.
It was questioned whether the timeline as to when applicants would be unable to apply could be increased to a 24-month period. The Regulatory Services Manager stated that this would create problems related to data retention. It was also emphasised that most applicants passed the DAT test within the first four attempts.
Training related to Safeguarding and the Assistance of Disabled Persons
The draft policy detailed that existing drivers would need to undertake refresher training related to safeguarding and the assistance of disabled persons every 3 years to ensure their knowledge remained up to date.
In response to questions, the Regulatory Services Manager clarified that measures related to safeguarding and disabled persons were covered in the Equality Act 2010 and subsequent legislation and the training being more frequent would help fulfil drivers’ duties.
NR3
All Licensing authorities were required to undergo checks for previous licensing offences via the National Register of Taxi Licence Refusals, Suspensions and Revocations (NR3) system operated by the Nation Anti-Fraud Network.
It was clarified that the NR3 system only became mandatory within the last 18 months for all licensing authorities. Questioned whether there was a required timeframe to which the Council had to report offences to the NR3 system. The Licensing Team Leader that the Council had seven working days to report revocations and suspensions of licenses to the national register, with less serious offences requiring to report to the national register within fourteen working days.
Security and Closed-Circuit Television (CCTV)
Questioned why the Council did not seek to require enhanced security or CCTV measures in vehicles which differed from other local authorities in the South-East region. The Regulatory Services Manager highlighted implications in relation to cost, the requirement for consistency with equipment across vehicles and management of data.
Other
Asked if there was a simplified version of the policy to ensure it was easy to understand for drivers. The Regulatory Services Manager clarified that drivers were made aware of the meeting taking place and that drivers were able to take part in the consultation process. The Licensing Team Leader stated that the previous consultation process for the policy had a high response rate, especially from the Hackney Federation. Stated that the table in the report which summarised the changes to the policy was useful. The Cabinet Member for Resident Services and Housing thanked the Committee for their points and stated she would review the issues raised, particularly around security, CCTV in vehicles, and simplification of the consultation process.
Resolved: The Committee:
Approves the draft Hackney Carriage and Private Hire Policy 2024 – 2029 for consultation. Delegates to the Shared Service Licensing Team Leader authority to make minor alterations and typographical corrections to the policy prior to consultation.
7
Statement of Principles - Gambling Act 2005
Contact Officer: Emma Coles
This report recommends approval of the Statement of Licensing Principles under the Gambling Act 2005.
This report recommends approval of the Statement of Licensing Principles under the Gambling Act 2005.
Attachments:
- Document Report 21 Aug 2024
- Document Appendix 1 21 Aug 2024
Minutes
The Licensing Team Leader introduced the report which requested the approval of the Council’s Statement of Principles under the Gambling Act 2005 and reported on the outcome of the 12-week consultation period to which there had been no responses. The Council’s gambling policy was due to expire in October 2024 and due to be effective from 1 November 2024 subject to Full Council approval.
Resolved: The Committee recommend that Council adopt the Statement of Principles- Gambling Act 2005.
Resolved: The Committee recommend that Council adopt the Statement of Principles- Gambling Act 2005.
8
Street Trader Policy
Contact Officer: Emma Coles
This report provides an update to Licensing Committee on the outcome of the consultation on the street trading policy and recommends adoption of the policy.
This report provides an update to Licensing Committee on the outcome of the consultation on the street trading policy and recommends adoption of the policy.
Attachments:
- Document Report 21 Aug 2024
- Document Appendix 1 21 Aug 2024
Minutes
The Licensing Team Leader introduced the report, which requested the approval of the Council’s Street Trading Policy and reported on the outcome of the 12-week consultation period to which there had been no responses.
Resolved: The Committee approves the Street Trader Policy for adoption.
Resolved: The Committee approves the Street Trader Policy for adoption.
9
Annual Update Report
Contact Officer: Emma Coles
This reports provides an overview of the work undertaken by the Licensing service over the preceding twelve months, an update on existing projects and policies and an overview of future proposals.
This reports provides an overview of the work undertaken by the Licensing service over the preceding twelve months, an update on existing projects and policies and an overview of future proposals.
Attachments:
- Document Report 21 Aug 2024
- Document Appendix 1 21 Aug 2024
Minutes
The Licensing Team Leader introduced the report which provided the Licensing Committee with an overview of the work undertaken by the Licensing service from 1 April 2023 to 31 March 2024. The report also provided an update on existing projects and polices alongside an overview of future proposals.
Resolved: The Committee note the contents of the report.
Resolved: The Committee note the contents of the report.
10
Review of work programme
The committee is asked to note and review its Work Programme.
Attachments:
- Document Work Programme 21 Aug 2024
Minutes
The Chair introduced the work programme and gave a brief overview of the items that would be included on the agenda for the upcoming meetings.
The Licensing Team Leader informed the Committee that the Sex Establishments item scheduled for November would be rescheduled to a future date.
The Licensing Team Leader stated that the draft Hackney Carriage and Private Hire Policy 2024 – 2029 would return to the Committee in November following the 6-week consultation period.
It was enquired as to whether the Committee could review feedback from premises license applications related to large events and festivals and whether Parish Councils could be updated on discussions which took place after events. Councillors were advised to speak to the Council’s Licensing Team.
The Regulatory Services Manager also advised that councillors could not attend Safety Advisory Groups (SAGs) which were a forum to advise on public safety throughout the process of an event.
The meeting ended at 7:32pm.
Chair
The Licensing Team Leader informed the Committee that the Sex Establishments item scheduled for November would be rescheduled to a future date.
The Licensing Team Leader stated that the draft Hackney Carriage and Private Hire Policy 2024 – 2029 would return to the Committee in November following the 6-week consultation period.
It was enquired as to whether the Committee could review feedback from premises license applications related to large events and festivals and whether Parish Councils could be updated on discussions which took place after events. Councillors were advised to speak to the Council’s Licensing Team.
The Regulatory Services Manager also advised that councillors could not attend Safety Advisory Groups (SAGs) which were a forum to advise on public safety throughout the process of an event.
The meeting ended at 7:32pm.
Chair
Previous Meetings
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