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Apologies for Absence and Substitutions
The Committee is asked to note any apologies for absence and substitutions received from Members.
Apologies for absence were received from Councillor Cossens (with Councillor Raby substituting).
In the absence of the Chairman (Councillor Cossens), the Chair was occupied by the Vice-Chairman (Councillor Callender).
To confirm and sign as a correct record, the minutes of the meeting of the Committee, held on 11 April 2018.
The minutes of the last meeting of the Committee held on 11 April 2018 were approved as a correct record and signed by the Chairman.
Declarations of Interest
Councillors are invited to declare any Disclosable Pecuniary Interests or Personal Interest, and the nature of it, in relation to any item on the agenda.
There were none.
Questions on Notice pursuant to Council Procedure Rule 37
Subject to providing two working days’ notice, a Member of the Committee may ask the Chairman of the Committee a question on any matter in relation to which the Council has powers or duties which affect the Tendring District and which falls within the terms of reference of the Committee.
There were none.
The Committee is to receive and note, the information only, the minutes of the meeting of the Premises/Personal Licences Sub-Committee held on 24 May and 4 June 2018.
The Committee received and noted, for information only, the minutes of the meeting of the Premises/Personal Licences Sub-Committees held on 24 May and 4 June 2018.
The Committee is to receive and note, the information only, the minutes of the meeting of the Miscellaneous Licensing Sub-Committee held on 4 June 2018.
The Committee received and noted, for information only, the minutes of the meeting of the Miscellaneous Licensing Sub-Committee held on 4 June 2018.
Details of licences that have been approved under Delegated Powers during the period 13 March 2018 to 11 June 2018 are submitted for the Committee’s information.
The Committee noted the contents of a report (A.1) on the number of applications approved under delegated powers as at 11 June 2018, which was submitted for information only.
To consider the increase in the scale of fares, and a change in distance for which the fare is calculated that is currently operative within the District, following a public consultation on the proposed changes.
The Committee recalled that at its meeting held on 11 April 2018, minute 41 refers, Members considered a request from the Tendring District Taxis Association (TDTA) to grant an increase to the table of fares.
After due consideration of the request the Committee had decided to pass the following resolutions:-
a) The Committee is minded to grant the Tendring District Taxi Association’s request for an increase in the Hackney Carriage Fare Scale, subject to two amendments to the comparison fare table whereby:
(i) Each subsequent 196 yards or part thereof be amended to read “Each subsequent 200 yards or part thereof”; and
(ii) Waiting time of 54 seconds be amended to read “Waiting time of 1 minute”.
b) Public Notice to be given of the intention of the Council to increase and amend the Hackney Carriage Fare Scale operative within the District in accordance with the request made by the Tendring District Taxi Association (as amended by the meeting);
c) That any representations received in response to the said public notice be considered at the next meeting of the Committee; and
d) That if no representations are received to the said public notice, or if all representations that are received are in favour of the fare increase, the Licensing Manager in consultation with the Chairman (or failing him the Vice-Chairman) of the Committee be authorised to implement the new Hackney Carriage Fare Scale within the District with effect from 28 days following the end of the public consultation period.
It was reported that one representation had been received as a result of the public notice having been placed in the local press. A copy of that letter was attached as Appendix B to item A.1 of the Report of the Corporate Director (Operational Services).
The Committee then asked questions of the Licensing Manager and having duly considered the letter of objection it was moved by Councillor Watson, seconded by Councillor Brown and:
The new fare scale be brought into operation with effect from 28 days following this meeting.
To request that the Committee review and agree the draft revision of the Council’s Statement of Gambling Policy which will run for three years from the 31 January 2019 following public consultation and adoption by the Full Council.
It was reported that the Council was required to review and renew its Statement of Gambling Policy every three years in accordance with the Gambling Act 2005. The review and renewal of the policy was subject to public consultation and must be adopted by Full Council on recommendation from the Licensing and Registration Committee.
Section 349 of the Gambling Act 2005 53 prescribed that:-
(1) A licensing authority shall before each successive period of three years—
(a) prepare a statement of the principles that they propose to apply in
exercising their functions under this Act during that period, and
(b) publish the statement.
(2) A licensing authority shall—
(a) review their statement under this section from time to time,
(b) if they think it necessary in the light of a review, revise the statement,
(c) publish any revision before giving it effect.
(3) In preparing a statement or revision under this section a licensing authority shall consult—
(i) in England and Wales, the chief officer of police for the authority's area, or
(ii) in Scotland, the chief constable of the police force maintained
for the police area comprising that area,
(b) one or more persons who appear to the authority to represent the interests of persons carrying on gambling businesses in the authority's area, and
(c) one or more persons who appear to the authority to represent the interests of persons who are likely to be affected by the exercise of the authority's functions under this Act.
The Gambling Act 2005 placed a statutory responsibility on all Local Authorities to be responsible for the issuing of various permissions, permits and notices relating to the use of premises for gambling activities:-
a) Consideration of applications for premises licences for:
• Bingo premises
• Betting premises and Race tracks
• Adult gaming centres
• Family entertainment centres
b) Consideration of applications for permits for:
• Gaming machines in alcohol-licensed premises, such as pubs
• Gaming machines for members clubs
• Gaming in members clubs
• Unlicensed family entertainments centres (category D machines only – i.e. those that have the lowest level of stakes and prizes)
• Prize gaming
c) Temporary use notices
d) Occasional use notices
e) Provisional Statements
f) Registration of small society lotteries
Each Authority was legally required to formulate its own Gambling Licensing Policy Statement which must be reviewed and re-published every three years.
The policy must be based on the three licensing objectives, which were;
· Preventing gambling from being a source of crime and disorder, being associated with crime or disorder, or being used to support crime;
· Ensuring that gambling is conducted in a fair and open way;
· Protecting children and other vulnerable people from being harmed or exploited by gaming.
The Committee was informed that the Council’s current Statement of Gambling Policy had been in place and in force since 31 January 2016. This proposed draft and review of the policy will be the fifth that has taken place since the first ... view the full minutes text for item 55.