To approve as a correct record the minutes of the Licensing Committee meeting held on 14 December 2023.

Minutes of the meeting held on the 14 December 2023 approved as an accurate record of the meeting.

To receive additional items that the Chair is of the opinion should be considered as a matter of urgency, in accordance with Section 100B (4) (b) of the Local Government Act 1972

There were no items of urgent business.

There were no declarations of interest.

The Licensing Manager presented the report to the committee. Advising the Gambling Act 2005 requires local councils to review their Gambling Policy Statement every three years. A reviewed Gambling Policy Statement has been produced for consideration in preparation for consultation and adoption by full Council.

The Committee were informed that currently they don’t have the updated guidance from the national government, however Thurrock must review their current policy. The policy has been brought to the Licensing Committee as a formality.

Members queried what the consultation entails. It was confirmed that the start of the short consultation would include contacting the police, licence holders and stakeholders. There will be a full review followed by a wider consultation.

Members queried how many licence holders there were. Members were informed there are approximately 20 gambling licenses including fruit machines in pubs. The Licensing Manager confirmed that the team must go through the motions and wait for the national government to produce the updated guidance. They suspect the updated guidance will include remote gambling. Once the updated guidance is produced, they will have to review the policy again and go through consultation again.

Recommendations:

1.1  Agree for the reviewed Statement of Gambling Policy to go out to statutory consultation.

APPROVED

1.2 That after the consultation, significant relevant responses are reported to the Licensing Committee for consideration, or

1.3 If no significant relevant responses are received during the consultation, then the policy be referred to Cabinet.

APPROVED

The Licensing Manager presented the policy to the Committee. Advising that the Department for Transport have published the Taxi and Private Hire Vehicle Licensing Best Practice Guidance for Licensing Authorities in England, which sets out guidance that is primarily intended to assist licensing authorities in setting their local policy. Members were informed the report considers this guidance and brings forward proposed revisions to the existing taxi policy ready for consultation with taxi trade and stakeholders.

Members were advised the main revisions to the policy include an addition of a points-based enforcement system for drivers, operators, and vehicle proprietors. Along with revisions of driver pre-licensing requirements to remove any restrictions that would relate to a persons’ age to ensure that the Policy is compliant with the Equalities Act 2010.

It was confirmed that the policy sets out conditions around signing up to the DBS update service. This is aligned with frequency of medical examinations, in relation to the drivers age under the DVLA Group 2 Medical Standards. In addition to this the policy introduced a Medical Exemption Certificate application. Along with a plate and door sticker exemption policy.

Members were informed of the replacement of the private hire and hackney carriage vehicle pre-licensing minimum and maximum age standards with vehicle emission standards. This includes a reduction of the vehicle inspection age ranges for the frequency of inspections. Currently this is allowed for private hire vehicle to be licensed for less than 4 passengers. It’s also allowed for MPV’s and minibuses to use the third-row seats to carry passengers, under certain conditions.

Members were advised that the LPG vehicle section has been removed from the policy along with all the topographical elements of the Private Hire Drivers Knowledge Test.

It was confirmed the requirement for vehicle to carry fire extinguishers has been removed. Members were informed that a condition of the vehicle licence that secure electronic payments must be readily available in all vehicles has been added. They have also updated the Animals and carriage of assistance dogs’ conditions. As well as the updated the scheme of delegation to include medical exemption and plate exemption decisions.

Members queried if the points-based system was new. It was confirmed that it is new, however it does allow for each case to be judged by its own merit. Members were advised that majorityof local authorities across the country have points-based enforcement systems, however, there have been several legal challenges surrounding this over the years. The expected general outcome of it is to ensure that if you get 6 points, it doesn't automatically mean you're going to lose your licence.

Members queried whether this was for local vehicles only and whether it applied to TFL owned vehicles like Uber. It was confirmed that currently there is no mechanism they can offer to deal with anyone that doesn’t have a license in the wrong way because there is legislation that deals with that. If a driver has a licence with another authority but is lawfully  ...  view the full minutes text for item 5.

The Licensing Manager presented the report to the committee. Advising of the process and methodology for the setting of Licence Fees associated with licence applications under the remit of the Licensing Committee and proposes the licencing fees for the 2025-2026 financial year for consideration.

Members were informed that they provide this annual report to the Licensing Committee, where they review setting fees for the next financial year. Most licence applications attract a fee, different licensing regimes have different ways in which the fees are set, which generally is by one of three ways. A statutory set fee, a locally set fee that has by statute. A capped maximum amount. A locally set fee with no maximum cap.

The committee were advised that licensing and gambling fees can’t be changed. Where other fees make a profit, they can’t be moved to other investments within the council. The proposal sets out fees for 2025 related to specific licensing areas vehicles and operators, animal licences, St training consents, MST, and scrap metal.

Members were advised the information is taken from last year’s Thurrock Council's accounts, because those accounts have finished. It has been broken down into percentages to reflect the time the team spend in each of those different areas of licencing.

Members queried the deficit. It was confirmed that the proposals don't necessarily look to clear the deficit over one financial year. Despite this they will review it every year to try and reduce any deficit trend. With taxes and other areas of licencing, there has been a reduction in the number of licences which has impacted income.

Members were advised that where there has been an increase in fees, they will constantly keep it under review and consider the cost-of living impact on licence holders.

Recommendations:

1.1  To agree for the proposed fees and charges as set out in Appendix B for the 2025/2026 financial year to go out for consultation.

Recommendations approved.