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1 A Meeting of the LICENSING AND APPEALS COMMITTEE will be held at the Civic Offices, Shute End, WokinghamCivic Office, Shute End, Wokingham RG40 1BN on TUESDAY 16 JUNE 2015 AT 7.00 PM Andy Couldrick Chief Executive Published on 8 June 2015 This meeting may be filmed for inclusion on the Council s website. Please note that other people may film, record, tweet or blog from this meeting. The use of these images or recordings is not under the Council s control.

2 Our Vision A great place to live, an even better place to do business Our Priorities Improve educational attainment and focus on every child achieving their potential Invest in regenerating towns and villages, support social and economic prosperity, whilst encouraging business growth Ensure strong sustainable communities that are vibrant and supported by well designed development Tackle traffic congestion in specific areas of the Borough Improve the customer experience when accessing Council services The Underpinning Principles Offer excellent value for your Council Tax Provide affordable homes Look after the vulnerable Improve health, wellbeing and quality of life Maintain and improve the waste collection, recycling and fuel efficiency Deliver quality in all that we do

3 MEMBERSHIP OF THE LICENSING AND APPEALS COMMITTEE Councillors Chris Bowring (Chairman) Malcolm Richards (Vice- Michael Firmager Chairman) Mike Gore Mike Haines Philip Houldsworth John Jarvis Abdul Loyes Ken Miall Barrie Patman Beth Rowland Chris Singleton Wayne Smith Bill Soane ITEM NO. WARD SUBJECT PAGE NO. 1. MINUTES OF PREVIOUS MEETING To confirm the Minutes of the Meeting held 16 September APOLOGIES To receive any apologies for absence. 3. DECLARATION OF INTEREST To receive any declarations of interest 4. PUBLIC QUESTION TIME To answer any public questions A period of 30 minutes will be allowed for members of the public to ask questions submitted under notice. The Council welcomes questions from members of the public about the work of this committee. Subject to meeting certain timescales, questions can relate to general issues concerned with the work of the Committee or an item which is on the Agenda for this meeting. For full details of the procedure for submitting questions please contact the Democratic Services Section on the numbers given below or go to 5. MEMBER QUESTION TIME To answer any member questions 6. HACKNEY CARRIAGE TARIFF REVIEW To receive and consider a report detailing a review of the Hackney Carriage Tariffs and proposals for increasing charges. 7. LICENSING UPDATE AND ANNUAL PLAN To receive and consider a report setting out the Licensing Team s programme for the 2015/16 year and

4 updates on items from HEARINGS UPDATE To receive an update on the outcome of Hearings Sub Committees and Appeals Panels which have taken place since the last meeting of the Licencing and Appeals Committee ANY OTHER ITEMS WHICH THE CHAIRMAN DECIDES ARE URGENT A Supplementary Agenda will be issued by the Chief Executive if there are any other items to consider under this heading CONTACT OFFICER Tricia Harcourt Senior Democratic Services Officer Tel tricia.harcourt@wokingham.gov.uk Postal Address Civic Offices, Shute End, Wokingham, RG40 1BN

5 MINUTES OF A MEETING OF THE LICENSING AND APPEALS COMMITTEE HELD ON TUESDAY 16 SEPTEMBER 2014 FROM 7:00PM TO 7:25PM Present:- Chris Bowring (Chairman), Malcolm Richards (Vice Chairman), Michael Firmager, Kay Gilder, Mike Gore, Mike Haines, Abdul Loyes, Ken Miall, Barrie Patman and Dee Tomlin. PART I 1. MINUTES The Minutes of the meeting of the Committee held on 18 March 2014 were confirmed as a correct record and signed by the Chairman. 2. APOLOGIES Apologies for absence were submitted from Councillors Lesley Hayward, Philip Houldsworth, Chris Singleton and Bill Soane. 3. DECLARATIONS OF INTEREST No declarations of interest were submitted. 4. PUBLIC QUESTION TIME There were no Public questions. 5. MEMBER QUESTION TIME There were no Member questions. 6. TAXI AND PRIVATE HIRE (DUAL) THREE YEAR DRIVER LICENCES The Committee received a report, as set out on Agenda pages 3 to 9, which set out the options available for taxi and private hire (dual) three year driver licences. The Committee was advised that drivers had been consulted and had responded positively to the proposals. Officers would still carry out annual checks on driving licences but this would be an on-line system and the onus would be on the driver to advise the Council of any change in circumstances. RESOLVED: That a three year driver licensing policy be adopted as of 1 April LICENSING COMMITTEE WORK PROGRAMME FOR 2014/15 The Committee received a report, as set out on Agenda pages 10 to 13, which gave Members an update on the 2014/15 work programme and provided some headline commentary on the unallocated items which were identified at the beginning of the current financial year. The Committee was advised that there was an error in the report in that on page 11, Unallocated Items Review of the Procedure for Setting the Taxi tariff (Sept 2014) should read as follows: Review of the Procedure for Setting the fees for the Taxi and Private Hire (Dual) Three Year Driver Licences, which was considered earlier in the meeting.

6 The Committee was also advised that the Shared Licensing Service was attempting to streamline both Wokingham Borough and West Berkshire Councils work programmes. RESOLVED: That the Licensing and Appeals Committee s work programme for 2014/15 be noted. 8. HEARINGS UPDATE The Committee received a report, as set out on Agenda pages 14 and 15, which gave an update on the outcome of Sub-Committees and Appeal Hearings that had taken place since the last meeting of the Committee. The Chairman had requested a summary of all Sub-Committee and Appeal Hearing outcomes for the last municipal year, as well as a summary of Sub-Committees and Appeal Hearings that had been held from the beginning of this municipal year. This was circulated at the meeting. RESOLVED: That the information contained in the report be noted. These are the Minutes of a meeting of the Licensing and Appeals Committee. If you need help in understanding this document or if you would like a copy of it in large print please contact one of our Team Support Officers.

7 TITLE Hackney Carriage Tariff Review FOR CONSIDERATION BY Licensing and Appeals Committee 16 June 2015 WARD STRATEGIC DIRECTOR None Specific Heather Thwaites, Director Environment SUMMARY 1. OUTCOME / BENEFITS TO THE COMMUNITY To determine the Hackney Carriage tariff for the next twelve months. 2. PROPOSALS FROM THE TRADE Members are requested to consider Changes suggested as follows: 2.1. Tariff 1 (between the hours of 06: ) Start at 3.00 up to 704 yards or 150 seconds then 20p for every 147 yards or 30 seconds Tariff 2 (between the hours of and bank holidays) 50% extra on tariff 1 Tariff 3 (Special days Christmas Eve and Day, Boxing Day New Year s Eve and New Year s Day) 100% extra on tariff All week from hours time and a quarter (change of hours) 2.3. Tariff 2 to start at every day 2.4. No change 3. OFFICERS SUMMARY OF REPORT 3.1. Traditionally officers have not given a recommendation on whether proposals from the trade on tariffs should be accepted or rejected. The key consideration is the balance between supporting small business and ensuring the general public has access to a good value hackney carriage service across all areas of the Borough The key information for Members of the Committee is based around the comparison of cost increase to be trading as a Hackney Carriage driver or operator in 2015 versus the level of rise being requested from the trade. Paragraphs 1.5 and 1.9 of the main report identify these figures and members should satisfy themselves that the right balance has been struck.

8 MAIN REPORT 1. Background 1.1. Section 65 of the Local Government (Miscellaneous Provisions) Act 1976 allows the Council to fix the rates for fares and other related charges in connection with the hire of Hackney Carriages. The Licensing & Appeals Committee agreed in March 2005 to review the taxi tariffs on an annual basis The last tariff change was in March The views of the drivers regarding the next annual review were sought with a letter being sent to all 100 hackney carriage drivers and the larger operators in December The letter asked if the drivers wished for the tariff to change or for there to be no change with a view to re-consult next year Responses were received by 73 drivers, the general consensus of opinion was to change the yardage from 836 yards to 704 yards or from 190 seconds to 150 seconds and to change the hour of hiring to currently 23.00, 1 response was no change. The full responses from the consulted drivers and their suggestions are shown in Appendix I We have consulted with one of our Taxi Operatives with the suggestions from the trade and he has broken down the proposed changes as requested by the trade: The change to the flag rate would implement a 15.8% increase The change to the increment would implement a 12% increase The change of the time would implement a 21% increase Xmas and New year s he suggested the change to the fare by changing the times earlier say to noon and go to double at 10 instead of 11 pm The flag time which is done automatically by the meter, so on the rate they have asked for it would be 143 seconds To help provide some context of the requested changes the following list gives examples of other local authorities actions to date: Wycombe Council tariff is linked to inflation rates so have not had a rise this year. Windsor and Maidenhead have requested a 2% rise Reading where issued with a 20p change on the flag fall for both day and night tariffs. West Berkshire is currently undergoing consultation of their tariff.

9 1.7. The trade publication, Private Hire and Taxi Monthly, publishes a league table of fares charged for a daytime two-mile journey in most areas of the Country. The current charge applicable to Wokingham and neighbouring authorities are shown in Appendix II The current Wokingham Borough Council Hackney Carriage of fares are shown as Appendix III 1.9. A check on CPI for the 12 months from December 2014 to January 2015 shows that transport prices fell by 2.0 % compared with a small fall of 0.6% between the same two months a year earlier. Most of the downward contribution came from motor fuel prices falling at a quicker rate than a year ago. The average price fell by 8.5p per litre between December 2014 and January 2015, to 108.3p. The average diesel price fell by 7.3p over the same period to 115.6p. Petrol is now the lowest price since November 2009 and diesel since February These figures were collated from the Office for National Statistics in March Consultation The following procedures are laid down by legislation and must be followed when making changes to a table of tariff and fares: 2.1. A note of the proposed changes must be published in at least one local newspaper circulating in the district. The notice must specify a period of at least 14 days from the date of publication when objections can be made to the Council. (This costs in the region of 950) A copy of the published notice must be made available at the Borough Council Offices for public inspection, free of charge at all reasonable times If there are no objections, or those made are withdrawn, the variation in table of fares comes into effect of the expiration of the time allowed for public consultation in the notice If there are any objections, and they are not withdrawn, the Council must set a date within two months of the expiry date for public consultation, and then consider the objections made before agreeing a table of tariffs and fares. 3. Analysis of Issues Wokingham Borough Council set the Hackney Carriage Tariff. Realistic rates must be set by the Council that balances the economic needs of licensees, whilst ensuring that persons using hackney carriages are not overcharged. There is also the need to ensure that hackney carriage proprietors are not priced out of the market to private hire firms, although the set tariff is the maximum that can be charged. It is open to negotiation between the passenger and driver if a lower fare is to be charged.

10 FINANCIAL IMPLICATIONS OF THE RECOMMENDATION Current Financial Year (Year 1) Next Financial Year (Year 2) Following Financial Year (Year 3) How much will it Cost/ (Save) Not Applicable Not Applicable Not Applicable Is there sufficient funding if not quantify the Shortfall Revenue Capital? or Other financial information relevant to the Recommendation/Decision None Cross-Council Implications (how does this decision impact on other Council services and priorities?) Not applicable Reasons for considering the report in Part 2 None List of Background Papers Existing taxi tariffs Private Hire and Taxi Monthly table of comparative tariffs Consultation responses Local Government (Miscellaneous Provisions) Act 1976 Town & Police Clauses Act 1847 Contact Brian Leahy Telephone No Date Service Licensing Service bleahy@westberks.gov.uk Version No. One

11 Appendix II Comparison of current tariff with neighbouring authorities Wokingham (55)* Reading (17)* Bracknell Forest (103)* West Berkshire (19)* Tariff 1 ( ) Tariff 1 ( ) Tariff 1 ( ) Tariff 1 ( ) Flag One Mile Two Miles Waiting 20p 38 seconds 20p 45 seconds 20p 45 seconds 15p 81 seconds Tariff 2 ( ) Tariff 2 ( ) Tariff 2 ( ) Tariff 2 ( ) Flag One Mile Two Miles Waiting 30p 40 seconds 20p 45 seconds 20p 36 seconds 20p 72 seconds Soiling Charge Charge for fouling Date Introduced May 2014 January 2014 June 2011 April 2013 * Denotes position in The National League Tables Averages April 2015 source Private Hire and Taxi Monthly The National Average for a 1 mile fare is now 3.80, for the South 4.21 on Tariff One and 5.80 on Tariff 2

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15 TARIFF REVIEW CONSULTATION Name: Driver/Operator* (Delete as appropriate) Driver Badge Number: No Change in Tariff (Please tick or cross) Change in Tariff Comments/Suggestions Please return this slip to Taxi licensing or by to no later than Friday 5 December 2014 TARIFF REVIEW CONSULTATION Name: Driver/Operator* (Delete as appropriate) Driver Badge Number: No Change in Tariff (Please tick or cross) Change in Tariff Comments/Suggestions Please return this slip to Taxi licensing or by to licensing@wokingham.gov.uk no later than Friday 5 December 2014

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17 TITLE Licensing Update and Annual Plan FOR CONSIDERATION BY Licensing and Appeals Committee on 16 June 2015 WARD DIRECTOR None Specific Heather Thwaites, Director Environment OUTCOME / BENEFITS TO THE COMMUNITY This report outlines the Licensing Teams programme for the 2015/16 year and updates on items from the 2014 report RECOMMENDATION That Members note the plan and updates contained in the report. SUMMARY OF REPORT This report is intended for Member information, on the annual plan and the current status of items reported to the Committee in 2014.

18 Background Officers presented a report for information in 2014 which identified the teams work projections for 2014/15 and gave up to date reports on Government proposals for new or revised legislation. This report updates those issues. Review of all Administrative Procedures The team has reviewed procedures for most licensing administration and provided Quality Management Systems for each type of licensing procedure. By looking at each type of licence in turn it has been possible to streamline and bring both Council s systems into one common shared service policy. In particular taxi administration has been revised by the introduction of a three year driver licence and by not requiring drivers to be interviewed for renewals. This practice has freed up officer time and allowed for a reduction in fees for the trade. This work is ongoing. Local setting of fees for Premises licences. This proposal has been scrapped by Government. Fees will therefore continue to be applied at the mandatory levels. Law Commission Review of taxi and private hire legislation As previously reported, the Government instructed the Law Commission to undertake an extensive review of all taxi and private hire legislation. The review was completed and culminated in a draft Bill which was due to undergo further consultation and debate. The deadline for consultation to begin is 23 rd May If consultation does begin, in time, then it will last for 6 months prior to any legislation being produced. Notwithstanding the Draft Bill, the Government has introduced the Deregulation Act 2015 which contains some provisions for taxis and private hire licences. These are; The introduction of 3 year only driver licences for hackney carriage and private hire vehicles other than in the circumstances of an individual case, not because of a blanket policy. The introduction of 5 year private hire operator licences other than in the circumstances of an individual case, not because of a blanket policy. The sub contracting of bookings from one licensed operator to another notwithstanding where the operators are located. Personal Licences for the sale of alcohol and other Licensing Act 2003 changes The Government introduced the Deregulation Act 2015 immediately prior to the election. Amendments to the Licensing Act 2003 are: The requirement to renew personal licences has been abolished. The offence of selling liqueur confectionary to children under 16 is repealed. Any person of any age may now buy liqueur confectionary in England and Wales.

19 The requirement to report lost or stolen licences to the police before applying for duplicates is abolished. The limit on the number of temporary events that can be held at single premises will increase from 12 to 15 per year from 1 January Changes to regulated entertainment take effect from 6 April 2015 Live Music Live amplified music in on-licensed premises authorised and open for the sale of alcohol does not require a licence for audiences up to 500 (up from 200) until 11pm. This includes beer gardens and terraces if they are included in the licensed premises. Live music related conditions do not apply unless they are re-imposed at a Review. If a beer garden is not shown on the licensed plans then it is unlikely to nevertheless be a workplace which benefits from a similar exemption. Karaoke is considered live music. Live unamplified music does not need a licence anywhere and with no audience limit between 8.00am and 11pm. Entertainment Facilities Entertainment facilities (stages, karaoke machines, microphone stands, even electrical sockets) have not been licensable since October Even though these may still appear on licences previously issued, they are no longer relevant to licensing. These conditions will be removed from licences as and when licences are reviewed. Recorded Music Recorded music in on licensed premises benefits from the same exemption as live music above, with the same audience limit. This covers DJ s and disco s and is a new development, as hitherto most recorded music above background level has been licensable under the Act. There is no equivalent workplace exemption. Background live and recorded music continues to be exempt. New Exemptions from 6 April 2015 Local Authorities Live music or recorded music between 8am and 11pm at the non-residential premises of a local authority provided that (a) The audience does not exceed 500, and (b) The organiser gets the consent for the performance on the relevant premises from the local authority concerned. (c) Any entertainment provided by or on behalf of a local authority on their own premises between 8am and 11pm. Schools Live music or recorded music between 8am and 11pm on school premises provided that;

20 (a) The audience does not exceed 500, and (b) The organiser gets consent for the performance on the premises from the school proprietor concerned (c) Any entertainment provided by or on behalf of a school proprietor on their own school premises between 8am and 11pm. Hospitals Live music or recorded music on hospital premises provided that (a) The audience does not exceed 500, and (b) The organiser gets consent for the performance on the hospital premises from the healthcare provider concerned. (c) Any entertainment provided by or on behalf of a healthcare provider on their own hospital premises between 8am and 11pm. Community Premises Live music or recorded music between 8pm and 11pm in a: Church hall Village Hall Community hall or other similar premises that is not licensed to sell alcohol provided that: (a) The audience does not exceed 500, and (b) The organiser gets consent for the performance from a person who is responsible for the premises. Circuses Any entertainment (excluding films and boxing or wrestling entertainment) taking place at a travelling circus, provided: (a) It takes place within a moveable structure that accommodates the audience, and (b) That the travelling circus has not been located on the same site for more than 28 consecutive days. Performance of Plays, Indoor Sporting Events and Performances of Dance Plays include any type of performance intended to entertain the public using actors whether paid or not. Performances of Dance include any non paying customer dancing that is intended to entertain an audience. Since June 2013, for audiences up to 500 (and in the case of indoor sporting events, up to 1000) from 8am to 11pm. None of these activities require authorisation under the Licensing Act. Lap dancing and other forms of sexual entertainment on up to 11 occasions per year remain regulated under the 2003 Act (any more will require a Sexual Entertainment Venue Licence. Films The showing of pre-recorded films which are incidental to some other activity (for

21 example eating, drinking or playing pool) is not licensable. Exhibition of Films in Community Premises No licence is required for not for profit film exhibition held in community premises between 8am and 11pm provided that the audience does not exceed 500 and the organiser (a) Gets consent to the screening from the person who is responsible for the premises, and (b) Ensures that each such screening abides by age classification ratings. Boxing and Wrestling This activity remains regulated under the Act (and now explicitly includes martial arts) apart from Greco-Roman and freestyle wrestling. Review of the provision of Disability Awareness/Manual Handling training for taxi drivers. Work has commenced on this subject and it is anticipated that a report will be presented to the Committee during the forthcoming year. Local Alcohol Action Area Project Although Wokingham Borough Council is not involved in this project it was felt that the outcomes would be of interest to the Council. To date results have not been published. Government Proposals for a Review of licensing laws This project has not proceeded and will therefore be struck from the list of this years actions. Analysis of Issues Information for Members of the Licensing and Appeals Committee. FINANCIAL IMPLICATIONS OF THE RECOMMENDATION The Council faces severe financial challenges over the coming years as a result of the austerity measures implemented by the Government and subsequent reductions to public sector funding. It is estimated that Wokingham Borough Council will be required to make budget reductions in excess of 20m over the next three years and all Executive decisions should be made in this context. How much will it Cost/ (Save) Is there sufficient funding if not Revenue or Capital?

22 Current Financial Year (Year 1) Next Financial Year (Year 2) Following Financial Year (Year 3) N/A N/A N/A quantify the Shortfall N/A N/A N/A Other financial information relevant to the Recommendation/Decision None Cross-Council Implications N/A There are no implications arising from the introduction of this report. Reasons for considering the report in Part 2 None List of Background Papers Licensing & Appeals Committee Report 18 March 2014 Contact Brian Leahy Service Environmental Health & Licensing Telephone No bleahy@westberks.gov.uk Date 11 th May 2015 Version No. 1

23 HEARINGS CONDUCTED SINCE THE LAST MEETING OF THE LICENSING AND APPEALS COMMITTEE ON 16 SEPTEMBER 2014 TYPE OF HEARING School Transport Appeals - Stage 1 Officer Panel School Transport Appeals Stage 2 Member Panel Street Trading Consents DECISION 27 received since 1 January 2015 No Member Panels have been held None Licence Reviews Allowed x 3 Withdrawn x 1 Taxi Driver Licences Refused x 1 Licences under the Gambling Act Allowed x 1

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