Agenda and draft minutes

Licensing Committee - Wednesday, 6th November, 2024 6.30 pm

Venue: Burnley Town Hall

Contact: Carol Eddleston  Democracy Officer

Items
No. Item

18.

Apologies

To receive any apologies for absence.

Minutes:

Apologies were received from Councillor’s Mark Townsend, Gemma Haigh, Don Whitaker, and Saeed Chaudry.

19.

Minutes pdf icon PDF 106 KB

To approve as a correct record the Minutes of the last meeting as enclosed.

Minutes:

To approve as a correct record the minutes of the meeting held on the 7th August 2024.

20.

Declaration of Interest

Minutes:

There were no declarations of interest.

21.

Exclusion of the Public

To determine during which items, if any, the public are to be excluded from the meeting.

Minutes:

There were no members of the public.

22.

Public Question Time

To consider questions, statements or petitions from members of the public.

Minutes:

There were no public question time.

23.

Gambling Policy Statement 2025-27 pdf icon PDF 842 KB

The Purpose of the report is for the Licensing Authority to update the Gambling Policy Statement every 3 years, and to be published before the 1st January 2025.

 

Minutes:

The Gambling Act 2005 required each Licensing Authority to update their Gambling Policy Statement at least every 3 years. The Council’s Statement needed to be revised, updated and published before the 1st January 2025.  There was a requirement that the policy was subject to appropriate consultation.

 

It was recommended that the Licensing Committee recommend the Full Council and to approve the Gambling Policy Statement at Appendix A for implementation on the 1st January 2025.

 

The Gambling Policy Statement sets out the principles that the authority will apply when exercising its functions under the Gambling Act 2005. A national review of the Gambling Act 2005 had been underway for an extended period of time.

 

 Whilst it was a matter for local determination, the committee were advised that the statement was refreshed in line with the requirements of the Act so as to be enforceable from January 2025. Thereafter the council would publish a revised GLA which can be included in a refreshed statement and are permitted to revise the Council’s statement within the 3-year timescale.' This policy review takes on board the Gambling Commission’s comments and therefore changes were limited to administrative updates only.

 

The Licensing Committee agreed a draft policy for formal consultation in June. Consultees were listed at Appendix A of the Policy. The consultation period ended on 30th August 2024 and no substantiated policy changes had been made. However, minor changes have been made to the Policy to reflect name changes to statutory body and similar. These were highlighted in the body of the Policy. The final Policy Statement must now proceed through Licensing, Scrutiny and Executive, before Full Council were invited to approve it for publication in December.

 

RESOLVED - The Licensing Committee noted the report and recommend that Full Council approve the Gambling Policy Statement at Appendix A for implementation on the 1st January 2025.

 

24.

Additional Items of Business

To determine whether there are any additional items of business which, by reason of special circumstances, the Chair decides should be considered at the meeting as a matter of urgency

Minutes:

Councillor Hosker raised a query regarding the language barrier with taxi drivers in the case of emergency situations. The Head of Streetscene had taken on board the comments made, and would respond to this in a further report of the Taxi Fee Setting Timescales at the next committee in February 2025.

24a

Taxi Fee Setting Timescales pdf icon PDF 92 KB

Minutes:

The Licensing Committee were asked to review the timescales of the annual setting of taxi licence fees effective from January 2025 and onwards.

 

It was also proposed to the change of the annual ‘effective date’ from the 1st January to the 1st April for taxi fee setting and to commence from the 2025 fee setting period and to continue annually thereafter.

 

Taxi licence fee setting was a function of the Licensing Committee. Sections 53 and 70 of the Local Government (Miscellaneous Provisions) Act 1976 and permits the Council to set driver, vehicle and operator licence fees. Over time, the timescales of the fee setting that were approved by the Licensing Committee for taxis and that of the Council’s other corporate activity, that were recommended by the Executive for approval by Full Council have become mis-aligned. Historically and up until 2017, the fee setting process for taxi activity had previously been set at a 1st April annual implementation date. The recommendation is to extend the existing 2024 fees that have already been set for an additional 3-month period to the 31st March 2025 to enable a corporate alignment to streamline the overall activity of the Council’s fee setting by both Licensing Committee and Full Council.  Should Licensing Committee approve the recommendation, Officers would be informed the Trade of the timescale changes.

 

 Due to the proposed changes being procedural and no substantive changes are being made to fees currently, no adverse impact was anticipated.

 In addition, Officers would continue with their preparations to review and set taxi fees for 2025. In accordance with existing requirements and practice the proposed fee setting will be undertaken and with consultation with the Trade and will be taken to the next Taxi Task Group and the Licensing Committee to be held in February 2025.

 

RESOLVED – The Committee noted the report.