Agenda and minutes

Apologies were received from Councillors Gibbs, Knight, Walker, Webb and Webster.

None.

The Minutes of the meeting of the Committee held on 28 June 2022 were approved as a correct record and signed by the Chairman.

None.

Jon Bryant, Senior Licensing Officer introduced the report which updated the Committee on the Draft Gambling Act 2005 (Statement of Licensing Policy) 2023 which was currently out for public consultation.  He highlighted that the Policy had been reviewed by the Scrutiny Committee for Community, Leisure, and Parking  on 28 September 2022.

The Senior Licensing Officer advised that Section 349 of the Gambling Act 2005 requires Licensing Authorities to prepare and publish a statement of Licensing Policy every three years or as appropriate; the existing Policy is due for re-publication.  The Policy does not limit gambling but how the Council applies the Act to protect the public through the licensing objectives: preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime; ensuring that gambling is conducted in a fair and open way; and protecting children and other vulnerable persons from being harmed or exploited by gambling.

The Officer confirmed there has been no substantial changes to the Policy and it has been reviewed in accordance with recent regulatory and legislative changes and statutory guidance.   He summarised the premises and organisations currently licensed by the council and highlighted that the Government is currently reviewing the Gambling Act.  A white paper is due to be published around October, setting out the conclusions of the review and any potential reforms of the Act; the Council will then amend their policy to incorporate any legislative changes resulting from the Government’s consultation.

Members enquired whether any complaints had been received for betting shops or establishments with gaming machines, any permits had been withdrawn and what the triggers were to withdraw a licence. 

The Licensing Officer advised that there had been no complaints relating to the gambling act, no permits had been revoked, and if a licence premises holder changes the new licence holder must re-apply for a gaming permit.  With regard to triggers each gambling establishment must provide a bespoke risk assessment (RA) and these are checked by the Licensing Team when the premises are inspected to ensure they are complying with the conditions and their current RA. The Licensing Team will revoke the licence or take compliance action if they are not complying with the conditions.

As there were no further questions the Chairman took the Members to a vote on the recommendation which was unanimously agreed.

RESOLVED

That the Committee noted the contents of the Draft Statement of Licensing Policy for Gambling.

Jon Bryant, Senior Licensing Officer introduced the report which updated the Committee following amendments to the Taxi Licensing Policy after adoption of the Statutory Standards and a general update on other ongoing developments.  He noted the adoption of the Statutory Standards had introduced several additional checks and requirements to the Licensing Team and the Licensed Trade.  These included the rollout of the introduction of CCTV in vehicles, additional 6 monthly DBS checks, and mandatory Safeguarding and Disability Awareness training.  He highlighted that from 1^st  October 2022 the Council Vehicle Livery Policy for Hackney and Private Hire Vehicles had come into effect, along with the roll out of MSDC mandated door signage for all licensed vehicles. The Department of Transport last issued the Taxi and Private Hire Vehicle Licensing: Best Practice Guidance in March 2010; they have now consulted on a revision of the guidance and a revision is due soon.

With regard to the Installation of CCTV  the Licensing Team have completed the data impact assessment and the specifics of the system has been finalised, identified a range of suppliers / installers to meet the specifications.  The list will be sent to the drivers by the end of 2022 with an agreed roll out period. The drivers will have a range of suppliers so they can choose to buy or rent the system, choosing which ever arrangement best meets their financial circumstances.

He advised that the Council would be the data controller for all devices fitted to vehicles licensed by Mid Sussex District Council, footage can only be  downloaded at the Council’s request.  Drivers must now subscribe to the DBS Update Scheme when applying for or renewing their DBS certificate, the Licensing Team are undertaking  six monthly checks on all certificates registered with the Update Scheme, this is about 225 certificates. He noted that once all DBS checks have been completed 480 will have to be checked every six months, nearly all drivers have completed their safeguarding training, and if the training is not completed within the deadline the driver’s licence will be suspended. He confirmed 12 drivers have not completed the training and they were not currently working as licensed drivers.

The drivers have 12 months to complete the disability training, the council are notified once the training is completed.  The take up of the training has been good and if any drivers have not completed the training will not be permitted to driver after the deadline.  The livery policy from 1st October requires Hackney Carriages to be white, this helps with enforcement action and the public to identify them. The mandatory door signs were being rolled out, due to the number that have to be installed they are being fitted by appointment, at drop-in sessions and at the ranks; the roll out will be completed in a couple of months.  The fare increase agreed by the Committee on 28^th June 2022 came into effect on 20 September 2022, with the next review due in May 2023.  ...  view the full minutes text for item 6.

None.