Agenda and minutes

When the continuous alarm sounds you must evacuate the building by the nearest available fire exit. Members and visitors should proceed to the visitors’ car park at the front of the building and await further instructions (during office hours staff should proceed to their usual assembly point; outside of office hours proceed to the visitors’ car park). Please do not re-enter the building unless instructed to do so.

In the event of a fire any person with a disability should be assisted in leaving the building.   

3.1            The evacuation procedure, as noted on the Agenda, was advised to those present.

4.1            Apologies for absence were received from Councillors C L J Carter, P A Godwin, A Hegenbarth and H Sundarajoo.  There were no substitutes for the meeting.

Pursuant to the adoption by the Council on 24 January 2023 of the Tewkesbury Borough Council Code of Conduct, effective from 1 February 2023, as set out in Minute No. CL.72, Members are invited to declare any interest they may have in the business set out on the Agenda to which the approved Code applies.

5.1            The Committee’s attention was drawn to the Tewkesbury Borough Code of Conduct which was adopted by the Council on 24 January 2023 and took effect on 1 February 2023.

5.2            There were no declarations of interest made on this occasion.

To approve the Minutes of the Licensing Committee meetings held on 16 February and 17 May 2023; the Licensing Sub-Committee (Licensing Act 2003 and Gambling Act 2005) meeting held on 9 February 2023; and the Licensing Sub-Committee (Street Trading and Hackney Carriage and Private Hire Vehicles, Drivers and Operators) meetings held on 9 February, 7 March, 3 April and 24 April 2023.

6.1            The Minutes of the Licensing Committee meetings held on 16 February and 17 May 2023; the Licensing Sub-Committee (Licensing Act 2003 and Gambling Act 2005) meeting held on 9 February 2023; and the Licensing Sub-Committee (Street Trading and Hackney Carriage and Private Hire Vehicles, Drivers and Operators) meetings held on 9 February, 7 March, 3 April and 24 April 2023, copies of which had been circulated, were approved as correct records and signed by the Chair. 

To consider changing the time of future Licensing Committee meetings. 

7.1            The Chair indicated that he had been approached by some Members regarding the possibility of changing the timing of Licensing Committee meetings from 2:30pm to 10am.  Members were asked for their views on the timing of meetings.

7.2            During the debate which ensued, a range of views were expressed by Members as to the best time for Licensing Committee meetings to take place – some Members felt that the current timing worked well and indicated that they had arranged their other commitments around this when they had opted to sit on the Committee, some felt that earlier meetings would be better to avoid the school run and others suggested that evening meetings would be preferable for Councillors, and members of the public, who worked full time. 

7.2            Based on the comments made, it was acknowledged that it was unlikely there would be unanimous, or even majority agreement, regarding the best time for meetings to commence and it was subsequently proposed, seconded and

RESOLVED           That the Licensing Committee continue to meet at 2:30pm for the remainder of the Municipal year and the timing of meetings would be considered in advance of the Schedule of Meetings 2024/25 being taken to Council in January 2024.

To approve the draft revised Street Trading Policy, attached at Appendix A to the report, for formal consultation. 

8.1             The report of the Licensing Operations and Development Team Leader, circulated at Pages No. 24-82, asked Members to consider and approve the draft revised Street Trading Policy, attached at Appendix A to the report, for formal consultation.

8.2             The Licensing Operations and Development Team Leader advised that street trading was the buying and selling of goods in places where the public had free access, e.g. markets.  The current Street Trading Policy was last reviewed in 2019 and was no longer fit for purpose.  The proposed amendments were outlined at Page No. 25, Paragraph 2.1 of the report and included removal of the Disclosure and Barring Service (DBS) check in line with the majority of other licensing authorities in the county – this was not necessary as the Police undertook Police National Computer (PCN) checks on all applicants, as such, it was unfair to pass the financial cost of a DBS check onto applicants; inclusion of standard conditions for markets to facilitate better management; and, inclusion of inclusive mobility requirements to ensure markets etc. were arranged so there was sufficient access for wheelchair users and pushchairs.  It was intended that, if approved by the Committee, a 12 week consultation would be carried out with all licence holders and stakeholders.  Comments received during the consultation period and a revised draft policy would be brought to the Licensing Committee later in the year.

8.3             A Member indicated that discussions had taken place about improving safeguarding standards in other Council policies and the proposal to remove the requirement for DBS checks seemed to go against that.  She noted that the majority of other licensing authorities in Gloucestershire did not require a DBS check and she asked for the reasoning behind that.  If the responsibility lay with the Police, she questioned how they managed the safeguarding aspects of each particular event.  In response, the Licensing Operations and Development Team Leader clarified that there was no safeguarding requirement for street trading but there was currently a requirement for applicants to submit a DBS certificate.  The Police carried out a PCN check in any case and would alert the licensing authority if the applicant had any convictions so this could be taken into account in its determination.  The Member sought confirmation as to whether it was down to the Police to inform the licensing authority and the Licensing Operations and Development Team Leader explained that Gloucestershire Constabulary was consulted as part of the application process and there was a 28 day period to let the licensing authority know if they wished to object to an application; this was the same for both new and renewal applications. The Member questioned what happened if something was to slip through the net and whether that responsibility sat with the Police or the Council in terms of failing to do due diligence.  Members were advised that the Police already informed the Council of any issues but this was being duplicated currently by the requirement in the policy for the applicant  ...  view the full minutes text for item 8.

To approve the draft Hackney Carriage (Taxi) and Private Hire Licensing Policy, attached at Appendix A to the report, for formal consultation. 

 9.1           The report of the Licensing Operations and Development Team Leader, circulated at Pages No. 83-275, asked Members to consider and approve the draft revised Hackey Carriage and Private Hire Licensing Policy, attached at Appendix A to the report, for formal consultation.

9.2            The Licensing Operations and Development Team Leader explained that this was a significant piece of work for the Council, not least because there was currently no age limit for licenced vehicles in the borough.  Page No. 85, Paragraph 2.0 of the report outlined the proposed amendments and, in terms of age and experience of drivers, it was recommended that drivers should hold a Driver and Vehicle Licensing Agency (DVLA) licence for 12 months, rather than three years, which was in line with the other authorities in Gloucestershire and Department for Transport (DfT) guidance.  In addition, it was proposed that all new drivers undertake a driver assessment and it was noted that many applicants had not had any kind of assessment since their driving test; this change would bring the policy in line with the rest of Gloucestershire and the majority of other authorities in the country.  The assessment could be done via the Blue Lamp Trust at a cost of £79.  As mentioned, there was currently no age restriction and no emissions policy for licensed vehicles in the borough which had caused a number of issues, as outlined in the report.  It was therefore proposed to introduce an emissions policy which would be kept under review.  A longer term goal was to have a fully electric fleet in line with the government strategy but the infrastructure to support that was not currently available in Gloucestershire.  If approved, from 1 January 2024 no new vehicles would be licensed unless they were Euro 6 compliant, an Ultra Low Emission Vehicle (ULEV) or an electric vehicle (EV) and the vehicle must be no more than five years old; new Wheelchair Accessible Vehicles (WAVs) would be exempt from the policy but would be refused if the WAV was not Euro 6 compliant, ULEV or EV in order to encourage more of this type of vehicle in the borough.  There would be a two year grace period for current licensed vehicles and from 1 January 2026 an application to renew a taxi or private hire vehicle would be refused if it was not Euro 6 compliant, ULEV or EV, and was over 10 years of age, or 15 years for a WAV.  The policy would be reviewed in two years’ time to consider the position with EVs in Gloucestershire and what infrastructure was available at that point.  Work would continue with the Gloucestershire Licensing Officer Group (GLOG) to ensure the authorities had an aligned approach – currently it was common for drivers from Cheltenham and Gloucester to apply to Tewkesbury Borough Council for a licence once their vehicle had reached 10 years of age.  In terms of the plate exemptions policy, it was noted that plate exemption applications were made by private  ...  view the full minutes text for item 9.

The Chair will move the adoption of the following resolution:

That under Section 100(A)(4) Local Government Act 1972, the public be excluded for the following items on the grounds that they involve the likely disclosure of exempt information as defined in Part 1 of Schedule 12A of the Act.

10.1          On a proposal from the Chair, it was

RESOLVED          That, under Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the following items on the grounds that they involve the likely discussion of exempt information as defined in Part 1 of Schedule 12A of the Act. 

To approve the separate Minutes of the Licensing Sub-Committee (Street Trading and Hackney Carriage and Private Hire Vehicles, Drivers and Operators) meetings held on 9 February, 7 March, 3 April and 24 April 2023.

11.1          The separate Minutes of the Licensing Sub-Committee (Street Trading and Hackney Carriage and Private Hire Vehicles, Drivers and Operators) meetings held on 9 February, 7 March, 3 April and 24 April 2023, copies of which had been circulated, were approved as correct records and signed by the Chair.