Agenda and minutes

Apologies for absence were received from Councillors Graham Eyre and Ted Mayne.

In accordance with the local Code of Conduct, a councillor is required to disclose at the meeting any disclosable pecuniary interest (DPI) that they may have in respect of any matter for consideration on this agenda.  Any councillor with a DPI must notparticipate in any discussion or vote regarding that matter and they must also withdraw from the meeting immediately before consideration of the matter.

If that DPI has not been registered, the councillor must notify the Monitoring Officer of the details of the DPI within 28 days of the date of the meeting.

Councillors are further invited to disclose any non-pecuniary interest which may be relevant to any matter on this agenda, in the interests of transparency, and to confirm that it will not affect their objectivity in relation to that matter.

No disclosures of interest were declared.

To confirm the minutes of the meeting of the Licensing Committee held on 27 May 2020.

The minutes of the Licensing Committee held on 27 May 2020 were approved and signed by the Chairman.

To receive any announcements from the Chairman of the Committee.

The Chairman had no announcements.

The Committee received an update from the Licensing Team Leader regarding the Taxi and Private Hire Licensing policy which was introduced in December 2015.  It was reviewed in February 2018 to include a uniform convictions policy for Surrey and required drivers to undertake Safeguarding Awareness training.  Since that time, there had been no legislative changes but in July 2020, new statutory standards were introduced which licensing authorities must have regard to.  These standards focus on the role the Licensing Authority have in protecting the public, particularly the vulnerable and children.  Guildford Borough Council already operated in accordance with a lot of the standards outlined.  The draft policy was recommended for public consultation with the Taxi User Groups as well as the Taxi Trade.  It was anticipated that the final Taxi and Private Hire Licensing Policy would be presented following consultation for adoption by the Licensing Committee in early 2021. 

The Committee queried whether there were any electric vehicles in the existing taxi fleet.  The Licensing Team Leader confirmed that there were a number of Toyota Prius vehicles as well as hybrid cars to help conserve fuel.  The Committee had recently received training in relation to the new statutory standards which they commended as well as the inclusion of CCTV in the policy. 

The Committee having considered the report;

RESOLVED that the draft Taxi and Private Hire Licensing Policy was approved for consultation for a period of twelve weeks. 

The Committee received a report from the Licensing Team Leader regarding the Business and Planning Act for the Licensed Trade which was a new piece of legislation designed to help the hospitality sector open up following the impacts upon local businesses since the coronavirus lockdown.  The Act relaxed the sale of alcohol by allowing all premises with an on sales licence an automatic entitlement to off-sales and introduced a fast track process to obtain a ‘Pavement Licence’ to enable establishments to put tables and chairs outside of their premises.  Currently tables and chairs permissions were granted as Pavement licences by Surrey County Council, the Highways Authority, under Part 7A of the Highways Act 1980.  The fee varied between local authorities and there was a time consuming 28-day consultation.  The new temporary measures placed a cap on the application fee for businesses, and introduced a new 14-day determination period, ensuring that businesses could obtain licences in a timely and cost effective manner aiding their financial recovery.  The cost of the permission was capped at £100 and the temporary permission would last until 30 September 2021.  In order to provide guidance for applicants and a framework for consistent decision making, a Policy concerning the Pavement Licensing Function had been drafted and consulted upon with key stakeholders.  The Council currently had 15 pavement licences and had encountered no issues with those premises.

The Committee discussed the policy and queried how the government’s recent decision to require all premises to close at 10pm, to limit the spread of coronavirus, would affect the off-sales of alcohol.  The Licensing Team Leader confirmed that the government legislation requiring premises to close at 10pm included all off-sales transactions and those customers drinking outside would therefore have to leave the premises at that point.  The Committee commended the temporary Act for assisting local businesses and commended the work of the Licensing Team in setting up this new regime in Guildford.  The Committee were also concerned about a proliferation of street furniture and its impact upon accessibility for those people using wheelchairs or who were partially sighted.  The Licensing Team Leader stated that a mandatory condition was attached to all Pavement Licences that required all premises to keep their outside space accessible.  A plan had to be submitted by the licence holder in order to comply with accessibility requirements.  The Licensing Authority also had the power to revoke licences.  The Committee was also concerned about outdoor heaters and their increased use during the winter months and associated dangers with them being knocked over by patrons.  The Licensing Team Leader confirmed that applicants had to list any outside heaters on the application form and were not permitted unless they had written consent from the Licensing Authority. 

The Committee having considered the report;

RESOLVED to approve the draft Pavement Licensing Policy 2020-21.  

The Committee noted its work programme and discussed a query raised regarding the requirement for a policy that regulated the setting up of dog walking businesses within Green Belt land.  The Licensing Team Leader confirmed that national legislation required people who were operating Dog Day Care businesses, or the business of boarding dogs from their homes to obtain a licence.   However, if people were simply picking up dogs from people’s homes and taking them straight out for a walk and returning the dogs to their home addresses, there was currently no requirement for such businesses to obtain a licence.  The RSPCA were currently lobbying the government for dog walking to be legislated.