Agenda and draft minutes

To note the Membership and Terms of Reference for Licensing & Regulatory Committee as agreed by Annual Council on 1 May 2024.

15 Members (7:4:2 Ind Gp, 1 LD, 1 Min Gp)  

(same membership and chair/vice chair as Licensing Committee)  

Quorum – 4 

Chair: J I Hutchinson

Vice Chair: K Parry  

Terms of Reference 

(1)      Except where the matter is delegated either expresslyto the Head of Housing and Public Protection, or alternatively to officers in accordance with the Public Protection internal scheme of management,the Licensing and Regulatory Committee has the following delegated powers:- 

(a)             to be responsible forlicensing matters relating to the following areas, including suspension and revocation of licences and applications where there has been a refusal to grant, renew or vary a licence, or where there are relevant objections to grant, vary or renew:- 

(b)    to be responsible for any other licensing matters, including applications       for licenses or registrations which are not delegated to any other body; 

(c)    to make recommendations on licensing policy; 

(d)    to make an order identifying a place as a designated public place for the                               purposes of police powers in relation to alcohol consumption; 

(e)    to make recommendations to full Council in respect of bye-laws, including making new, or amending or revoking existing bye-laws; 

(f)     to consider and respond on behalf of the Council to consultation exercises where it is appropriate to do so following agreement with the Chairman of the Committee.  

(2)     Where the Licensing and Regulatory Committee exercises the function of determining any application or similar matter, it may do so through a Subcommittee. 

To note the Membership and Terms of Reference as agreed by Annual Council on 1 May 2024.

Apologies for absence were received from Councillors Foster and Humphries.

Minutes of the meeting of the Licensing and Regulatory Committee held on Wednesday 14 February 2024, as circulated, to be confirmed as a true record and signed by the Chair.

The minutes of the meeting of the Licensing and Regulatory Committee held on Wednesday 14 February 2024, as circulated be confirmed as a true record and signed by the Chair.

To note the Subcommmittee minutes for the following meetings:-

15 February 2024

27 March 2024

9 May 2024

29 August 2024

RESOLVED that the Minutes of the Licensing and Regulatory Subcommittees held on Thursday, 15 February, 27 March, 9 May and 29 August 2024, be received for information.  With the addition of the attendance of M Swinbank at the meeting of 9 May.

To review licences granted over the last Quarter by the Licensing & Regulatory Subcommittee and delegated officers.

The report provided the Committee with an update on licenses granted over the last Quarter by the Subcommittee and delegated officers.

Colin MacDonald, Business Compliance and Public Safety Manager reminded members that they were responsible for the oversight of licensing matters relating to a wide range of business sectors.  For example, licensing schemes covering trading activity involving; the keeping of animals, street trading, tattooists and taxi and private hire.  The terms of reference of the Committee and its powers were included as Appendix 1 to the report.

It was proposed that a quarterly activity report to the Committee be shaped over time by the officer team, working with the Chair, and taking into account the feedback and steer from members.  The Committee would be invited to make a formal decision later in the agenda at agenda item 8 on its future work programme framework.   It was proposed that a Quarterly activity report be presented to Committee at future meetings.

Discussion took place on some of the licensable activities in Appendix 2 and a more holistic approach was suggested in terms of whether figures had increased, decreased and a more geographical approach.

RESOLVED that the report be noted and officers to consider the feedback provided by members.

To consider and note the decision made by Cabinet on 17 September 2024 and the Committee’s future role in policy development.

Members were asked to note the decision made by Cabinet on 17 September 2024 and the Committee’s future role in policy development.

Since local government reorganisation in 2009 and formation of the Authority, decision-making under the licensing scheme had been guided by a policy document, known as the Northumberland Hackney Carriage and Private Hire Policy.  Its development, approval and implementation had been overseen by the Licensing & Regulatory Committee.  The Policy had been maintained as a living document and frequently amended to reflect legislative changes, new and revised guidance and case law. Most recently the Policy had been updated and approved by the Committee in March 2022.

Earlier in the year, the Monitoring Officer advised that adoption of the Policy and future oversight by Cabinet would be more consistent with Cabinet’s policy-making role and the Authority’s Constitution.

At its meeting on 17 September 2024, Cabinet approved the Policy and delegated authority to the Chief Fire Officer (the Director of Public Protection), in consultation with the Cabinet Member for Looking after our Communities, to agree any non-material changes to the Policy as required.

In relation to the adoption of the Policy and future oversight, Members raised concerns that they should have been included within the decision process.

RESOLVED that the Committee note the decision of the Cabinet.

To consider the updated guidance published by the Department of Transport in relation to the licensing of taxis and private hire vehicles and locally shaping policy development.

Members were asked to consider the updated guidance published by the Department of Transport in relation to the licensing of taxis and private hire vehicles.

It was noted the Authority was responsible for exercising licensing and associated functions relating to taxis and private hire activities.  Administering and enforcing a local licensing scheme was a statutory duty for all local authorities outside of London to ensure the safety and protection of the travelling public.

The Department of Transport (‘the DoT’) had updated the guidance provided to local licensing authorities.  In addition to reinforcing the critical role played by authorities, the DoT had amended and strengthened some aspects of the advice it had previously provided.

Key changes introduced in the guidance included:

·       Environmental considerations - alignment with local air quality and climate responsibilities to ensure the vehicle fleet played its part in tackling emissions.  However, vehicle age limits should not be imposed.  Instead, more targeted requirements on emissions should be used.

·       Accessibility – ensuring the licensed fleet met the needs of disabled people.  A local Inclusive Service Plan (ISP) should be developed collaboratively with organisations representing the interests of disabled people and people with other protected characteristics and reviewed and updated every 5 years to ensure decisions were based on an up-to-date understanding of passenger needs.

·       Vehicle safety - consideration should be given to the benefits of a higher New Car Assessment Programme (NCAP) safety ratings.  NCAP was recognised throughout Europe for creating the five-star safety rating system to assess real world performance of vehicle safety.

        Licensing Officers had reviewed the updated guidance published by the DoT.

Discussion took place on emissions, age limit of vehicles and rental of vintage or prestige cars.

Members were informed that the Authority’s policy required all taxis and private hire vehicles must meet the Euro 6 standard (effective for all vehicles registered in the UK since September 2015). However, ‘grandfather rights’ were in place for existing licence holders that provided a dispensation until 2027 before they were required to meet those standards. 

A query was raised about transport more generally and the role of the newly established North East Combined Authority (NECA).  In response, Members were informed that NECA would have a key role in future policy development for taxis and private hire vehicles, this having been included as a ‘trailblazer’ element of the devolution deal.  It was highlighted discussions surrounding that were continuing with the portfolio holder and Committee would be informed.

A request was made for information to be provided at the next meeting on which taxi and private hire vehicles were subject to licensing by the Authority and those that were exempt.

A request was also made that a delegated decision matrix be provided to the next meeting to provide clarity on the Authority’s overall approach to decision-making.

RESOLVEDthat the contents of the report be noted and  reports be provided to the next meeting on vehicles exempt from licensing by the Authority and a decision-making matrix.

To note the requirements of the regulation of activities involving animals and consider what the licensing scheme looks like in Northumberland since its introduction in 2018.

Members were asked to note the requirements of the regulation of activities involving animals and consider what the licensing scheme looked like in Northumberland since its introduction in 2018. ? 

The Authority had a statutory responsibility to regulate trading activity involving specified animals by administering and enforcing a local licensing scheme. The report outlined the licensing activity undertaken by the Authority under regulations introduced in 2018 and the proposed next steps. 

The Licensable activities were outlined in the report. 

Since the regulatory framework was introduced, the Authority had successfully administered and enforced the new consolidated licensing scheme. 

Key aspects of the scheme were: 

• Appointing suitably qualified inspectors. 

• Appointing a vet – required to carry out certain inspections in set circumstances, such as dog breeding, hiring of horses and riding schools. 

• Assessment of specific animal welfare issues. 

• Applying a premises star rating - between 1 and 5 stars, which is subject to an internal appeals process should the applicant be so minded. 

Next steps: 

Having successfully introduced and operated the licensing scheme since 2018, the officer team would continue to review the scheme to form part of the overall continuous improvement plans for the service. 

In response to member comments/questions, the following information was provided:- 

Performing animals were not subject to the star rating system, hence no information was contained in the Appendix accompanying the report.  

Concern was raised about recent media stories involving food businesses misrepresenting their Food Hygiene ratings.  Assurance was provided that, similar to food inspections, this was assessed during inspections to premises licensed under this scheme and there was no evidence of problems relating to this in Northumberland.  

It was confirmed dog walking businesses were not included within this licensing scheme.  Concerns about such trading activity was more generally dealt with by the environmental enforcement team.  

RESOLVED that the contents of the report be noted.

To determine the future work programme for the Committee over the year.

Members discussed the work programme and welcomed the report. It was note that  

RESOLVEDthat the work programme be noted, and it was agreed it would be flexed as necessary to respond to emerging matters.

To note the dates of the meetings for the ensuing year:-

18 December 2024

12 February 2025

23 April 2025

RESOLVED that the future dates be noted.