Agenda and minutes

Apologies were received from Councillors Amanda Creese and Patrick Oven.

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.

There were no disclosures of interest declared.

To confirm the minutes of the meeting of the Licensing Committee held on 24 July 2024.

The minutes of the Licensing Committee held on 24 July 2024 were agreed and signed by the Chairperson as an accurate record.

To receive any announcements from the Chairman of the Committee.

The Chairperson, Councillor Young on behalf of the Licensing Committee, wished a speedy recovery to Mike Smith, Senior Specialist for Licensing and Community Safety.  The Licensing Officers Mark Adams and Matthew Cobb were also thanked for attending in Mike’s place on this occasion to present the reports. 

The Committee to review the Gambling Act Statement of Principles in line with the statutory 3 year review period.

The Committee received a report from the Licensing Officer, Mark Adams.  The Committee noted that the Gambling Act 2005 required the Council as a Licensing Authority to prepare and publish a Statement of Principles every three years.  The existing Statement of Principles was published in January 2022 and was due for renewal in January 2025.  The Council also had a duty to consult on the proposed policy and officers were therefore seeking approval to conduct the consultation.  Following that consultation with members of the public, a further report would be presented to the Licensing Committee on 20 November 2024 with the consultation results.  Council would then be asked to adopt the Statement of Principles at its meeting on 3 December 2024.   

There was no intention to change the principles or the current policy but was consulting on it to check that it fitted to the Local Area Profile for Guildford.  Guildford was responsible for 43 licences for betting shops and gambling machines.  Guildford however was not responsible for online gaming and there were no casino’s in Guildford either.

The Department for Culture, Media and Sport (DCSM) published its gambling white paper back in April 2023 which included modernising regulation of the land-based sector.  Further reviews may therefore be required and exercises to consult.

The Committee noted a query regarding page 17 at paragraph 7.11 of the report, where it stated that a lack of resources at the Council meant that the GIS maps and Local Area Profiles could not be updated.  Therefore, any significant changes to the Policy would be difficult to implement under the current circumstances.  It was suggested that a graduate was employed to undertake this short-term work.  The Joint Assistant Director for Regulatory Services, Richard Homewood confirmed that apprentices had been recruited in the Environmental Health Team as well as the recruitment of one additional Licensing Officer, Matthew Cobb.  However, staffing pressures remained across the regulatory services department which would be looked at again as part of the budget review process. 

It was also noted by the Committee that references made to Surrey Hills Area of Outstanding Natural Beauty on pages 31 and 65 needed to be updated to Surrey Hills National Landscape.

The Committee approved the draft Gambling Act 2005 Statement of Principles 2022-25 for public consultation to be carried out over a 4-week period.

The Committee to review the fares for Hackney Carriage journeys.

The Committee received a report from the Licensing Officer, Matthew Cobb.  Section 65 of the Local Government (Miscellaneous Provisions) Act 1976 made provision to allow Councils to set the fares for Hackney Carriages.  By fixing the fares, the Council was effectively setting the maximum fare that hackney carriage drivers can charge.  Legally taxi drivers may charge less than this rate but may not charge more.  An acceptable balance therefore needed to be met to ensure that taxi drivers could earn a wage and cover the costs of running the service whilst providing a reasonable fare to the public. 

An annual review should take place of the taxi fares with the last review being undertaken in 2022.  A review was not conducted in 2023 owing to a lack of resources in the licensing team.  The review of the fares most recently carried out showed a potential reduction owing to the average mileage completed.  It was noted that if the fares were lowered, this would restrict drivers in meeting their running costs.  However, no changes were proposed to the existing fare structure.

The Committee discussed the proposal and noted a query raised in relation to the cost-of-living crisis which would in turn increase the number of hours taxi drivers worked and whether this had been factored into the overall calculations.  The licensing officer, Matthew Cobb commented that the review had taken this into consideration.  Whilst the initial result indicated a lowering of the fares, the overall recommendation was to keep the fares at the slightly higher level which would therefore be of benefit to taxi drivers.  This would be reviewed next year to ensure that a good balance was achieved. 

The Committee noted that taxi drivers sometimes had a 1.5 hour wait between jobs owing to the increased competition from Uber.  Was there a difference made therefore in the calculations for nighttime and daytime fares?  The licensing officer, Matthew Cobb confirmed that there was a nighttime and daytime fare difference which was worked out via an excel spreadsheet devised by officers.  There was the potential to amend how the spreadsheet calculated fares, for example by decreasing daytime fares and increasing nighttime fares, but the benefit of an increased nighttime fare would be cancelled out by the decrease in the daytime fare.  It was also confirmed that taxi drivers could charge less at night, rather than the maximum fare, that way they could encourage a higher turnover of customers overall.

The Committee noted a query regarding how competitive Guildford’s taxi’s fares were in comparison to the rest of the country.  The licensing officer, Matthew Cobb commented that in the Taxi Trade Monthly Magazine, Guildford Council was listed in fifth or sixth place which was relatively high. 

The Committee noted that given no changes were recommended to be made to the taxi fares, the taxi trade did not need to be notified.  The consultation period had ended in April 2024.  The fares would be reviewed again as part of the annual review in May  ...  view the full minutes text for item L6

The Committee to consider the strategic direction for the Council’s Licensing Policy following Publication of the updated Best Practice Guidance.

The Committee received a report from the Licensing Officer, Mark Adams.  The Committee was asked to review the strategic direction for the proposed review of the Taxi and Private Hire Licensing Policy in 2024.  Significant legislative reform in the taxi and private hire sector was required.  In September 2017, the government established a Task and Finish Group (TFG) who reported their findings to the government in July 2018 with 34 recommendations to reform the taxi sector.  Best Practice Guidance was then published by the Department for Transport in November 2023 which covered issues such as qualifications, vehicle livery, age limits, accessibility and local transport.  The guidance was non-statutory but aimed to assist Local Authorities that had responsibility for the regulation of this sector with their Policy and standards by setting out what the Department considers to be best practice.

James Button, Solicitor (external), had reviewed Guildford’s policy and confirmed that Guildford either met or exceeded the guidance.  One of the key aspects for review was to determine whether the Council wished to adjust current standards to meet guidance and or reduce excess which would be subject to consultation. 

Guildford currently required a high level of training for current and prospective drivers, which included hackney carriage and private hire.  The guidance encouraged a move away from the more formal qualifications and rather pursue assessments in relation to accessibility, English proficiency and conflict resolution.  The proficiency of drivers would also be assessed.  Currently drivers were required to take a driving test at the point of application and was the last time their driving skills were assessed, unless required to undertake such a test as mandated by a Licensing Regulatory Sub-Committee.  The guidance recommended that drivers were now assessed every three years.  This would have an impact on drivers owing to associated cost implications but would address issues that licensing officers have when drivers are not compliant with the driving standards expected of them.

The livery of vehicles would also be reviewed as the guidance was recommending the removal of door signs on private hire vehicles.  This was unpopular with private hire drivers however it had proven useful to licensing officers in identifying such taxi’s.  Also, the age limits of vehicles would be reviewed.  Currently, vehicles had to be under the age of 5 years old at the point of registering them and had to be replaced when they reached 10 years of age.  The guidance recommended looking at the condition of a vehicle, emissions, accessibility and NCAP ratings on vehicles.  Hybrid and electric vehicles for example had a long-life expectancy as long as those vehicles were well maintained.  The guidance recommended testing three times a year when Guildford currently tested every 6 months which was something would continue.  Emergency equipment would also be reviewed, looking at what drivers would need to carry such as first aid kits and fire extinguishers.  It was also noted that whilst it was good to have a fire extinguisher in the vehicle, the emergency services should always  ...  view the full minutes text for item L7

The Committee reviewed and discussed its work programme. 

The Committee were happy to see that the item on Mobile Homes had been included in its work programme for discussion at its November meeting. 

Councillor Bob Hughes noted that he had significant questions regarding mobile homes in his own ward and would submit those questions in advance to Sean Grady, Private Sector Housing Manager.

Councillor Witham requested whether councillors could be advised by officers of holiday home sites in their respective wards and if there were potential issues.  The Committee noted that such discussions should also take place within Group meetings. 

Richard Homewood, Joint Assistant Director for Regulatory Services agreed to take this forward with Sean Grady, Private Sector Housing Manager to consult with relevant ward councillors, prior to writing the report.

Lastly, the Chairperson, Councillor Young noted that the item on Street Trading Policy was currently listed in unscheduled and requested that this was urgently moved to a scheduled meeting. This was to address concerns that had been raised locally by East Horsley Parish Council about the fee prices for coffee vans., and whether or not a grading of fee could be introduced for smaller vendors. There is a noticeable increase in coffee vans trading across the Borough so it would be worth looking into this.