To: All Members of the Licensing Committee Councillors: Chair – B Maher Deputy Chair – P Nelson B Axcell, M Biggin, H Cooksey, L Dirir, C Froggatt, J Davidson, C Mitchell, L Morgan, T McCarthy, R Purnell, G Welborn. Licensing Committee

Date: Tuesday, 05 July 2016

Time: 17:30

Venue: Council Chamber, Town Hall, Sankey Street, Warrington, WA1 1UH

Contact Julie Pickles, Democratic & Member Services, Tel: 01925 443212, Email:

jpickles@warrington.gov.uk

AGENDA

Part 1

Items during the consideration of which the meeting is expected to be open to members of the public (including the press) subject to any statutory right of exclusion. 1 Apologies

To record any apologies received.

2 Code of Conduct - Declarations of Interest

Relevant Authorities (Disclosable Pecuniary Interests) Regulation 2012 Members are reminded of their responsibility to declare any disclosable pecuniary or non-pecuniary interest which they have in any item of business on the agenda no later than when the item is reached.

3 Minutes of the Licensing Committee

To confirm the minutes of the meeting held on 1 March 2016 as a correct record.

5 - 8

Professor Steven Broomhead Chief Executive

Town Hall Sankey Street

Warrington WA1 1UH

1

Part 2

Items of a “confidential or other special nature” during which it is likely that the meeting will not be open to the public and press as there would be a disclosure of exempt information as defined in Section 100I of the Local Government Act 1972. Nil.

If you would like this information provided in another language or format,

including large print, Braille, audio or British Sign Language, please call 01925

4 Minutes of the Licensing Sub-Committee

To confirm the minutes of the meetings held on 24 February 2016, 3 March 2016, 8 March 2016, 15 March 2016 and 22 March 2016 as a correct record.

9 - 22

5 Minutes of the Taxi Sub-Committee

To confirm the minutes of the meetings held on 7 March 2016, 4 April 2016, 22 April 2016 and 6 June 2016 as a correct record.

23 - 32

6 5.30pm - Presentation

An Overview of the Challenges faced in Promoting the Licensing Objectives and providing a Safe and Welcoming Night-Time Offer

7 6.30pm - Hackney Carriage and Private Hire Vehicle

Licensing Applications for Exemption from the Policy

Requirement to have CCTV Systems Installed

Report of the Executive Director Economic Regeneration, Growth and Environment.

33 - 70

8 Hackney Carriage and Private Hire Policy (Amendments)

Report f the Executive Director Economic Regeneration, Growth and Environment.

71 - 118

9 Local Area Profile on Gambling

Report of the Executive Director Economic Regeneration, Growth and Environment.

119 - 138

2

443322 or ask at the reception desk in Contact Warrington, Horsemarket Street,

Warrington

3

4

Agenda item 3

LICENSING COMMITTEE

1 March 2016

Present: Councillors B Maher (Chairman) P Nelson, S Bland, T McCarthy, L Dirir, C Froggatt, L Morgan, K Gleave, S Wright and B Axcell

L 23 Apologies Apologies for absence were received from Councillors B Brinksman and J Joyce. L 24 Code of Conduct – Declarations of Interest There were no declarations of interest received. L 25 Minutes of the Licensing Committee Decision,

That the minutes of the Licensing Committee meeting held on 28 January 2016 be approved and signed as a correct record.

L 26 Minutes of the Licensing Sub-Committee Decision,

That the minutes of the Licensing Sub-Committee meetings held on 25 January, 26 January, 3 February, 5 February, 11 February and 16 February 2016 be approved and signed as correct records.

L 27 Minutes of the Taxi Sub-Committee Decision,

That the minutes of the Taxi Sub-Committee meeting held on 1 February 2016 2 be approved and signed as a correct record.

L 28 Licensing Fees and Charges 2016 - 2017 The Committee received a report from the Executive Director of Economic Regeneration, Growth & Environment which detailed the steps being taken to ensure that fees and charges were set in accordance with the relevant statutory provisions and that reasonable costs were recovered. The Committee were advised that locally set fees were a vital means of ensuring that reasonable costs can be recovered, rather than relying on a subsidy from local taxpayers. The setting of fees and charges was delegated by Full Council to the Licensing Committee on the 25th March 2013. As of October 2015, the Regulation

5

Agenda item 3

and Public Protection Services now includes both general and taxi licensing. An appropriate fee structure was therefore required for each area. Licensing Committee approved a fee structure for non-statutory general licensing functions, based on a three year rolling trading period, at their meeting on 31st March 2015. With respect to Taxi Licensing, Members considered a report on the implications of the Deregulation Act 2015, as it related to fees, at their meeting on the 8th September 2015. Officers were approved to advertise the proposed fees for driver and operator licences. A decision was also taken to delegate the final determination of the fees, following consultation, to the Executive Director of Economic Growth, Regeneration and Environment and relevant portfolio holder. It was confirmed that this process has now been completed. Members were advised that guidance on the setting of fees was set out in EC Directive 2006/123/EC, which had been enacted in the UK by the Provision of Services Regulations 2009. The regulations stated that Local Authorities must set fees that are 'reasonable and proportionate'. The charge must not exceed the costs of the procedures and formalities under the scheme. In determining its fee structure, it was clear that the Council must have regard to the level of resources required to process licences, and that fees should be reasonable having regard to expenditure. A weighting had been applied to each licence based on the number of licences issued in the previous year and the estimated time taken. The weighting has been used to apportion relevant expenditure against each licence type. The Committee were provided with details of the intended fee structure and had a full discussion on the matter. It was also noted that that whilst fees must be set for each individual general licence type, the costs of administrating the discretionary licences represents only 12% of the total cost, in terms of general licensing. The remainder comprises the costs of statutory licences, mainly alcohol premise licences, over which the authority currently has no control over fee setting. The Committee were further advised that consultation with the trade regarding the proposed fees and charges for taxi licensing was required and findings would be reported back to Committee prior to any adoption. Decision; The Committee agreed to;

(1) set the existing fees and charges for non-statutory general licencing at existing levels for 2016-17, pending closure of the 2015-16 accounts;

(2) approve officers to consult on, and report back to committee, on any proposed changes to the non-statutory general licensing fees following the formal closure of accounts;

(3) approve officers to consult on the remaining fees for taxi licensing, which have not previously benefitted from approval and consultation; following the introduction of the Deregulation Act in October 2015;

(4) approve Officers to introduce a charging policy for providing pre application advice on licensing matters that fall outside of the statutory application process.

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Agenda item 3

Signed ………….………………….

Dated………………………………

7

8

LICENSING SUB-COMMITTEE

24 February 2016

Present: Councillor B Maher (Chair)

Councillors S Bland and P Nelson LSC 93 Appointment of Chairman

Councillor B Maher was appointed Chairman for the of the meeting. LSC 94 Apologies There were no apologies for absence received. LSC 95 Code of Conduct – Declarations of Interest There were no declarations of interest received. LSC 96 Application for a Temporary Events Notice under the Licensing

Act 2003 – Voodoo Lounge, 10 Friars Gate, Warrington, WA1 2RW

The Sub-Committee received a report of the Assistant Director of Regulation and Public Protection Services in respect of an application for a Temporary Events Notice (TEN’s) from Mr D Whittle for the premises known as Voodoo lounge, 10 Friars Gate, Warrington, WA1 2RW. Members were advised that the notice of TEN had been served on the Licensing Authority, Cheshire Constabulary and the Concil’s Enviromental Health Noise Section as required under the Licensing Act 2003. During the 3 working days consultation period, a relevant representation had been received from Cheshire Constabulary. The TEN was to cover the licensable activities of the sale of alcohol (on premises only), regulated entertainment and the provison of late night refreshments between the hours of 04.00 and 05:30 on 27 and 28 February. Members of the Licensing Sub-Committee considered carefully all of the written and verbal representations submitted by and on behalf of the applicant and Cheshire Constabulary. Members were aware of their obligations under the Licensing Act 2003 and fully considered the guidance issued under Section 182 of the Act. Members also gave careful consideration to the Council’s statement of licensing policy.

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Signed ………….………………….

Dated………………………………

10

LICENSING SUB-COMMITTEE

3 March 2016

Present: Councillor B Maher (Chair)

Councillors S Bland and P Nelson LSC 97 Appointment of Chairman

Councillor B Maher was appointed Chairman for the duration of the meeting. LSC 98 Apologies There were no apologies for absence received. LSC 99 Code of Conduct – Declarations of Interest There were no declarations of interest received. LSC 100 To consider an application for a Full Review of a Premises

Licence for Showbar and Secrets, 15-17 Friars Gate, Warrington, WA1 3RR

The Sub-Committee received a report of the Assistant Director of Regulation and Public Protection Services in respect of an application for a Full Review following an application for a Summary Review under Section 53A of the Licensing Act 2003 for the premises known as Show Bar & Secrets, 15 - 17 Friars Gate, Warrington, WA1 2RR. At the hearing on 11th

February 2016 the Licensing Sub Committee considered the application and determined the interim step of suspending the premises licence was appropriate, as it was satisfied the premises was associated with serious crime. It was noted that a full review must take place within 28 days of receipt of the application from the Chief Officer of Police. The procedure in respect of a review application under Section 53 of the Act required that copies of the application form must also be served on the premises licence holder and the responsible authorities. It was reported that the Licensing Authority must then advertise the application for review by placing a notice at, or near, the premises together with a copy conspicuously placed at the offices of the Authority. Representations must be made within ten working days of the advertisement. This statutory period allowed for representations to be made by Responsible Authorities and Other Persons. The deadline for making representations to this application ended on 23rd February 2016.

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During the 10 working days consultation period relevant representations were received in respect of the application. A hearing now needed to be held to enable the application to be determined by the Licensing Sub-Committee. Officers were satisfied that the applicant had complied with all requirements imposed on them regarding advertising and that the application is therefore validly made. Representations were received from: • Dianne Shaughnessy, Alcohol Harm Reduction Officer, on behalf of

Trading Standards • Kim Blondon, Licensing Enforcement Officer Members were reminded that in determining the application they were carrying out a function of the Licensing Authority in accordance with Section 4 of the Licensing Act and must do so with a view to promoting the licensing objectives. Members also had regard to: • The Licensing Act 2003. • The Licensing Authority’s Statement of Licensing Policy (Approved on

22nd June 2015). • The Guidance issued under Section 182 of the Licensing Act 2003 by

the Home Office. • Section 17 of the Crime and Disorder Act 1998. • The Equality Act 2010. • The Human Rights Act 1998. Members considered carefully at some length all of the written and verbal representations submitted by and on behalf of Cheshire Constabulary, the Premise Licence Holder, Alcohol Harm Reduction Officer and the Licensing Enforcement Officer. Decision,

In considering all of the representations and balancing the interests of all parties, Members resolved to remove the current suspension off the licence and reduce the hours in which the premises operated and those which the licence currently authorises. For the sake of clarity all licensable activities shall cease at the terminal hour of 2am. The premises opening hours to cease at 3am.

Reason,

Members of the Licensing Sub-Committee did not consider that modification of the conditions would resolve the problems currently existing within the premises. Members had serious concerns in relation to the operation of the premises and the breach of their current

12

condition regarding the glassware in existence at the premises. Member’s found the incident to be of a very serious nature and found that the management were failing in their duty to uphold the licensing objectives of Crime & Disorder and Public Safety.

Members further found that on balance to impose additional conditions would have no effect on how the premises were run.

Signed ………….………………….

Dated………………………………

13

LICENSING SUB-COMMITTEE

8 March 2016

Present: Councillor T McCarthy (Chair) (substitute for Cllr

Bland) Councillors L Morgan and B Maher LSC 101 Appointment of Chairman

Councillor T McCarthy was appointed Chairman for the duration of the meeting. LSC 102 Apologies Apologies for absence were received from Councillor Bland. LSC 103 Code of Conduct – Declarations of Interest There were no declarations of interest received. LSC 104 Application for a Temporary Events Notice under the

Licensing Act 2003 – Rain, 83 – 85 Bridge Street, Warrington, WA1 2HP.

The Sub-Committee received a report of the Assistant Director of Regulation and Public Protection Services in respect of an application for a Temporary Events Notices (TEN’s) from Stuart Quinett for Rain, 83 – 85 Bridge Street, Warrington, WA1 2HP. Members were advised that the notice of TEN had been served on the Licensing Authority, Cheshire Constabulary and the Concil’s Enviromental Health Noise Section as required under the Licensing Act 2003. During the 3 working days consultation period, a relevant representation had been received from Cheshire Constabulary. The TEN notice was to cover the licensable activities of the sale of alcohol (on premises only), regulated entertainment and the provison of late night refreshments between the hours of 03.00 and 05:00 on 3rd April 2016. Members of the Licensing Sub-Committee considered carefully all of the written and verbal representations submitted by and on behalf of the applicant and Cheshire Constabulary. Members were aware of their obligations under the Licensing Act 2003 and fully considered the guidance issued under Section 182 of the Act. Members also gave careful consideration to the Council’s statement of licensing policy.

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Having regard to the Objection Notice as submitted by Cheshire Constabulary, members of the Licensing Sub-Committee agreed not to issue a Counter Notice under S105 of the Act. Reasons: Members of the Licensing Sub-Committee did not consider it appropriate to do so for the promotion of the licensing objective of the prevention of crime and disorder. Members determined under Section 106 of the Act to impose all of the conditions which ordinarily apply to the premises licence, which are not inconsistent with the application. All parties were notified of their 21 day right of appeal.

Signed ………….………………….

Dated………………………………

15

LICENSING SUB-COMMITTEE

15 March 2016

Present: Councillors B Maher (Chair), P Nelson and

T McCarthy LSC 105 Appointment of Chairman

Councillor B Maher was appointed Chairman for the duration of the meeting. LSC 106 Apologies There were no apologies for absence were received. LSC 107 Code of Conduct – Declarations of Interest There were no declarations of interest received. LSC 108 Application for a Temporary Events Notice under the

Licensing Act 2003 – Darli Lounge, 120 Bridge Street, Warrington, WA1 2RU

The Sub-Committee received a report of the Assistant Director of Regulation and Public Protection Services in respect of an application for a Temporary Events Notices (TEN’s) from Jemma Bond, for the premises know as Darli Lounge, 120 Bridge Street, Warrington, WA1 2RU. Members were advised that the notice of TEN had been served on the Licensing Authority, Cheshire Constabulary and the Concil’s Enviromental Health Noise Section as required under the Licensing Act 2003. During the 3 working days consultation period, a relevant representation had been received from Cheshire Constabulary. The TEN notice was to cover the licensable activities of the sale of alcohol (on premises only) and the provision of regulated entertainment between the hours of 23.00 and 05:30 on 27 March 2016. Members of the Licensing Sub-Committee considered carefully all of the written and verbal representations submitted by and on behalf of the applicant and Cheshire Constabulary. Members were aware of their obligations under the Licensing Act 2003 and fully considered the guidance issued under Section 182 of the Act. Members also gave careful consideration to the Council’s statement of licensing policy. Having regard to the Objection Notice as submitted by Cheshire Constabulary, members of the Licensing Sub-Committee agreed not to issue a Counter Notice under S105 of the Act as members of the panel did not

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consider it appropriate to do so for the promotion of the Licensing Objective; Crime and Disorder. However, the panel determined under section 106 of the Act and with the agreement of the applicant, to impose all of the conditions which ordinarily apply to the premises licence, which are not inconsistent with the application. All parties were notified of their 21 day right of appeal.

Signed ………….………………….

Dated………………………………

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LICENSING SUB-COMMITTEE

22 March 2016

Present: Councillor B Maher (Chair)

Councillors T McCarthy and P Nelson LSC 109 Appointment of Chairman

Councillor B Maher was appointed Chairman for the meeting. LSC 110 Apologies There were no apologies for absence received. LSC 111 Code of Conduct – Declarations of Interest There were no declarations of interest received. LSC 112 Application for a Temporary Events Notice under the

Licensing Act 2003 – Voodoo Lounge, 10 Friars Gate, Warrington, WA1 2RW

The Sub-Committee received a report of the Assistant Director of Regulation and Public Protection Services in respect of an application for a Temporary Events Notice (TEN’s) from Mr D Whittle for the premises known as Voodoo lounge, 10 Friars Gate, Warrington, WA1 2RW. Members were advised that the notice of TEN had been served on the Licensing Authority, Cheshire Constabulary and the Council’s Environmental Health Noise Section as required under the Licensing Act 2003. During the 3 working days consultation period, a relevant representation had been received from Cheshire Constabulary. The TEN was to cover the licensable activities of the sale of alcohol (on premises only), regulated entertainment and the provision of late night refreshments between the hours of 04.00 and 05:30 on 26, 27 and 28 March 2016. Members of the Licensing Sub-Committee considered carefully all of the written and verbal representations submitted by and on behalf of the applicant and Cheshire Constabulary. Members were aware of their obligations under the Licensing Act 2003 and fully considered the guidance issued under Section 182 of the Act together with the Council’s Statement of Licensing Policy. Having regard to the Objection Notice as submitted by Cheshire Constabulary, members of the Licensing Sub-Committee have resolved:

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Not to issue a Counter Notice under Section 105(2) of the Act as members of the panel did not consider it appropriate to do so for the promotion of the Licensing objective: Crime and Disorder

Signed ………….………………….

Dated………………………………

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LICENSING SUB-COMMITTEE

22 March 2016

Present: Councillor P Nelson (Chair)

Councillors B Axcell and L Morgan LSC 113 Appointment of Chairman

Councillor B Maher was appointed Chairman for the meeting. LSC 114 Apologies There were no apologies for absence received. LSC 115 Code of Conduct – Declarations of Interest There were no declarations of interest received. LSC 116 Application for a Temporary Events Notice under the

Licensing Act 2003 – Cromwell’s, Bridge Street, Warrington, WA1 2HP

The Sub-Committee received a report of the Assistant Director of Regulation and Public Protection Services in respect of an application for a Temporary Events Notice (TEN’s) from Mr K Edmonds for the premises known as Cromwell’s, Bridge Street, Warrington, WA1 2HP. Members were advised that the notice of TEN had been served on the Licensing Authority, Cheshire Constabulary and the Council’s Environmental Health Noise Section as required under the Licensing Act 2003. During the 3 working days consultation period, a relevant representation had been received from Cheshire Constabulary. The TEN was to cover the licensable activities of the sale of alcohol (on premises only), regulated entertainment and the provision of late night refreshments between the hours of 04.00 and 05:00 on 27 March 2016. Members of the Licensing Sub-Committee considered carefully all of the written and verbal representations submitted by and on behalf of the applicant and Cheshire Constabulary. Members were aware of their obligations under the Licensing Act 2003 and fully considered the guidance issued under Section 182 of the Act. Members also gave careful consideration to the Council’s statement of licensing policy.

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Having regard to the Objection Notice as submitted by Cheshire Constabulary, members of the Licensing Sub-Committee have resolved: Not to issue a Counter Notice under Section 105(2) of the Act as members of the panel did not consider it appropriate to do so for the promotion of the Licensing objective: Crime and Disorder. The Committee determined under Section 106 of the Act and with the agreement of the applicant, to impose all of the conditions which ordinarily apply to the premises licence, which are not inconsistent with the application.

Signed ………….………………….

Dated………………………………

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TAXI SUB COMMITTEE

7 March 2016

Present: Councillor B Maher (Chair) Councillors S Bland & P Nelson

TSC 48 Appointment of Chairman Councillor B Maher was appointed as Chairman for the duration of the meeting. TSC 49 Apologies There were no apologies for absence received. TSC 50 Code of Conduct – Declarations of Interest There were no declarations of interest received. TSC 51 Exclusion of the Public (Including the Press) Resolved, That, members of the public (including the Press) be excluded from the meeting by reason of exempt information considered in the course of the following item of business being within Category 1 of Schedule 12A to the Local Government Act 1972. TSC 52 To consider the fitness of an applicant to continue to hold a Joint

Hackney / Private Hire Drivers Licence (PJE301276) The Sub-Committee received the report of the Assistant Director of Regulation & Protection, to consider the fitness of a driver to be granted a joint Hackney/Private Hire Driver licence. The applicant, the taxi licensing manager and her assistant appeared before the Sub-Committee to present their case and to answer questions from members. It was noted that the applicant did not wish to speak to the panel nor did he want to answer any questions presented to him, the Chairman tried on several occasions to ask for information saying that it may help the applicants case, but this was to no avail, it was very apparent that the driver wished to remain silent. All parties then left the meeting whilst the Sub-Committee considered the matter further. Decision – Final written warning. Reason – In view of the fact that the applicant was not prepared to speak to the Members or indeed put forward any mitigating factors Members were left with no alternative other than to issue a final written warning based on the facts as read out by the licensing officer. 23

Members accepted that the applicant was happy to hold his hands up and accept that he had received the current points on his licence. Members also noted that the applicant was not prepared to offer up any evidence to satisfy them as to his fitness to continue driving. However, Members in line with the convictions policy took into account that the applicant had held a licence with the Council for 14 years and in that time had not been before the Sub-Committee, although he had acquired 3 points on his licence in 2013, in relation to this matter the applicant had not reported the gaining of points to the Licensing team and as a consequence he had received a written warning. For the above reasons the Members determined a final warning was appropriate on this occasion.

Signed……………………………

Date…………………..

24

TAXI SUB COMMITTEE

4 April 2016

Present: Councillor B Maher (Chair) Councillors S Bland & P Nelson

TSC 53 Appointment of Chairman Councillor B Maher was appointed as Chairman for the duration of the meeting. TSC 54 Apologies There were no apologies for absence received. TSC 55 Code of Conduct – Declarations of Interest There were no declarations of interest received. TSC 56 Exclusion of the Public (Including the Press) Resolved, That, members of the public (including the Press) be excluded from the meeting by reason of exempt information considered in the course of the following item of business being within Category 1 of Schedule 12A to the Local Government Act 1972. TSC 57 To consider the fitness of an applicant to hold a Joint Hackney /

Private Hire Drivers Licence (KR260980) The Sub-Committee received the report of the Assistant Director of Regulation & Protection, to consider the fitness of a driver to be granted a joint Hackney/Private Hire Driver licence. The applicant and the taxi licensing manager appeared before the Sub-Committee to present their case and to answer questions from members. All parties then left the meeting whilst the Sub-Committee considered the matter further. Decision – To revoke the licence. Reason – Members in determining this matter listened carefully to all the evidence as put forward by the applicant and the taxi licensing officer, the panel kept in mind that they had a duty to safeguard members of the public safe when using this form of transport. Members took into account the Councils Convictions Policy and in particular, offences against other persons which was relevant in this case. Members noted that offences involving violence (depending on the nature and seriousness of the offence)

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would require 3 – 10 years free of conviction before an application would be considered favourably. Members kept in mind that both convictions were for the same offence, in their opinion the applicant was no longer a fit and proper person to continue representing the Council as a licensed driver. Members had serious concerns due to the intervention by the authorities social services department, the applicant showed no sign of remorse and appeared to be dismissive of the two offenses. Members, therefore determined to revoke the Licence in line with the Councils Conviction Policy, point 2(iv), which was relevant to this circumstance. TSC 58 To consider the fitness of an applicant to hold a Joint Hackney /

Private Hire Drivers Licence (JA220190) The Sub-Committee received the report of the Assistant Director of Regulation & Protection, to consider the fitness of a driver to be granted a joint Hackney/Private Hire Driver licence. The applicant, the applicant’s sister and their representative and the taxi licensing manager appeared before the Sub-Committee to present their case and to answer questions from members. All parties then left the meeting whilst the Sub-Committee considered the matter further. Decision – To revoke the licence. Reason – Members in determining this matter listened carefully to all the evidence as put forward by the applicant, his sister and their representative and the taxi licensing officer, the panel kept in mind that they had a duty to safeguard members of the public who placed their trust in the Councils licenced drivers. In view of the evidence produced the members were not satisfied that the applicant was a fit and proper person. Members found the taxi licensing officer to be an honest person who had nothing to gain from misleading Member’s, they accepted his evidence as given and believed his account of events surrounding the signing of official documents as submitted by means of electronic communication. Members determined that there was good reason to doubt the evidence put forward by the applicant and were concerned in relation to the allegation of fraudulently completing documents and impersonation. Members also took into account the fact that the applicant was in breach of the Councils conditions in relation to notification of convictions. Members had concerns that the Councils conditions in relation to taxi roof signage had also been breached.

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Finally the Members had concerns in relation to the number of accidents that the applicant had been involved in (3 in the last 3 years).

Signed……………………………

Date…………………..

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TAXI SUB COMMITTEE

22 April 2016

Present: Councillor B Maher (Chair) Councillors S Bland & P Nelson

TSC 59 Appointment of Chairman Councillor B Maher was appointed as Chairman for the duration of the meeting. TSC 60 Apologies There were no apologies for absence received. TSC 61 Code of Conduct – Declarations of Interest There were no declarations of interest received. TSC 62 Exclusion of the Public (Including the Press) Resolved, That, members of the public (including the Press) be excluded from the meeting by reason of exempt information considered in the course of the following item of business being within Category 1 of Schedule 12A to the Local Government Act 1972. TSC 63 To consider the fitness of an applicant to continue to hold a Joint

Hackney / Private Hire Drivers Licence (JAP250662) The Sub-Committee received the report of the Assistant Director of Regulation & Protection, to consider the fitness of a driver to continue to hold a joint Hackney/Private Hire Driver licence. The applicant, his representative and the taxi licensing manager appeared before the Sub-Committee to present their case and to answer questions from members. All parties then left the meeting whilst the Sub-Committee considered the matter further. Decision – To take no further action. Reason – Members after listening to the evidence and considering the matter carefully determined to take no further action. This decision was based on the fact that the applicant had held his license for 11 years and had never been in trouble or required to attend a taxi sub-committee meeting. This incident had been an isolated one, Members accepted that he had been provoked and was defending himself. 28

TSC 64 To consider the fitness of an applicant to continue to hold a Joint

Hackney / Private Hire Drivers Licence (MM150886) The Sub-Committee received the report of the Assistant Director of Regulation & Protection, to consider the fitness of a driver to continue to hold a joint Hackney/Private Hire Driver licence. The applicant and the taxi licensing manager appeared before the Sub-Committee to present their case and to answer questions from members. All parties then left the meeting whilst the Sub-Committee considered the matter further. Decision – To revoke the licence. Reason – Members in determining this matter listened carefully to all the evidence as put forward by the applicant, the complainant and the licensing manager. The panel kept in mind that they have a duty to safeguard members of the public who place their trust in those licensed to transport them throughout the Borough. Members were not satisfied that the applicant continued to be a fit and proper person, they determined that there was a number of inconsistencies within the applicants’ evidence, Members were not convinced beyond all reasonable doubt that the allegation was not without some foundation. The Members were also mindful of the fact that the applicant had appeared before the committee on a previous occasion, where upon he had been suspended for a period of 3 months, the panel did not think that another suspension was the appropriate course of action in these circumstances.

Signed……………………………

Date…………………..

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TAXI SUB COMMITTEE

6 June 2016

Present: Councillor P Nelson (Chair) Councillors H Cooksey and T McCarthy

TSC 1 Appointment of Chairman Councillor P Nelson was appointed as Chairman for the duration of the meeting. TSC 2 Apologies Cllr McCarthy substituted for Cllr B Maher TSC 3 Code of Conduct – Declarations of Interest There were no declarations of interest received. TSC 4 Exclusion of the Public (Including the Press) Resolved, That, members of the public (including the Press) be excluded from the meeting by reason of exempt information considered in the course of the following item of business being within Category 1 of Schedule 12A to the Local Government Act 1972. TSC 4 To consider the fitness of an applicant to continue to hold a Joint

Hackney / Private Hire Drivers Licence (JG030776) The Sub-Committee received the report of the Assistant Director of Regulation & Protection, to consider the fitness of a new driver to hold a joint Hackney/Private Hire Driver licence. The applicant and the taxi licensing manager appeared before the Sub-Committee to present their case and to answer questions from members. All parties then left the meeting whilst the Sub-Committee considered the matter further. Decision – To grant with a warning as to future conduct. Reason – Members considered all of the evidence made available to them and in particular the representations put forward by the applicant. Members were aware and kept in mind that they were determining the applicant’s fitness to be granted a licence. Members accepted that the applicant had a colourful past but after listening to his account of this, accepted that he was ashamed and did regret what he had done. Members also accepted that at the time most of these incidents happened the applicant was young, immature and had got in with the wrong crowd. Members 30

noted that he had been conviction free for six months prior to the latest incident in 2008, however, accepted that this only arose as he was trying to protect his father. Members on this occasion whilst granting the licence felt that a warning was appropriate in all the circumstances. Members also took in account that the applicant had a good working record dealing with members of the public, had received glowing references from his current employer, currently held a clean driving licence.and was now married with children. As well as issuing a warning as to future conduct members would expect the applicant to read and ensure that the Council’s conditions were read, understood and were adhered to at all times. Members also pointed out that should the applicant incur any further incidents that called into account his fitness to continue holding that licence, the licence maybe revoked if the matter was placed before the Licensing Committee in the future. Furthermore all previous incidents would be looked at in determining any further matters. TSC 5 To consider the fitness of an applicant to continue to hold a Joint

Hackney / Private Hire Drivers Licence (NA140683) The Sub-Committee received the report of the Assistant Director of Regulation & Protection, to consider the fitness of a driver to continue to hold a joint Hackney/Private Hire Driver licence. The applicant and the taxi licensing manager appeared before the Sub-Committee to present their case and to answer questions from members. All parties then left the meeting whilst the Sub-Committee considered the matter further. Decision –adjourn the meeting until Friday 10 June at 4.30pm. Reason – to allow the person making the allegation to attend the meeting.

Signed……………………………

Date…………………..

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WARRINGTON BOROUGH COUNCIL LICENSING COMMITTEE

DATE OF COMMITTEE 5th

July 2016

Report of the: Executive Director of Environment and Regeneration

Report Author: Phil Caroline Sharkey

Contact Details: Email Address:

csharkey@warrington.gov.uk

Telephone:

01925 444051

Ward Members:

All

TITLE OF REPORT: Hackney Carriage and Private Hire Vehicle Licensing

Applications for Exemption from the Policy

Requirement to have CCTV Systems Installed

1. PURPOSE OF THE REPORT

1.1 To consider and determine applications received for an exemption from the

Council’s Taxi Licensing Policy requirement to have CCTV installed in Additionally Conditioned Private Hire Vehicle Licences.

2. CONFIDENTIAL OR EXEMPT

2.1 The content of this paper is not confidential or exempt.

3. INTRODUCTION AND BACKGROUND

3.1 Warrington Borough Council acts as the Licensing Authority for Hackney

Carriage and Private Hire licensing regimes. It considers and grants applications for drivers, vehicles and operators licenses and enforces the adopted policy and legislation under these regimes.

3.2 The new Hackney Carriage/Private Hire Licensing Policy was adopted by Full

Council on 8 December 2014, following consultation with the trade and approval by the Licensing Committee. The policy document sets out the approach the Council will take in exercising its discretion in carrying out the Taxi/Private Hire Licensing functions, whilst considering or making decisions on applications.

3.3 The policy document consists of 86 pages. To save printing costs and reduce

environmental impact, a full copy of the policy can be found on the Warrington Borough website www.warrington.gov.uk. A printed copy will be available at the meeting.

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3.4 The new policy introduced the requirement to have CCTV systems in all taxis/private hire vehicles licensed with Warrington Borough Council. The implementation date of 1 July 2015 was set by the Licensing Committee on 2 September 2014 but this date was deferred to 1 March 2016 then 1

st June

2016 due to concerns raised by the trade particularly around the privacy of information. The Licensing Authority has responded to the concerns by enhancing the CCTV standard specification to ensure the highest standards of data protection.

3.5 With effect from 1st

June 2016 all taxis/private hire vehicles that are due annual vehicle tests, or 6 monthly tests, at Network Warrington Depot are now required to have an appropriate CCTV systems installed.

3.6 The need for CCTV requirement and how this will be managed is explained in

detail under point 41 of the Policy (see page 23), which states that:

“The hackney carriage/private hire trade provides a valuable public service, especially late at night, when other forms of public transport are not always available. Security for drivers and passengers is a high priority. CCTV cameras can be a valuable deterrent to criminal activity as well as protecting the driver from unjustified complaints. For the purpose of this policy, CCTV relates to recording inside of the vehicle only. Forward facing cameras (also known as vehicle accident cameras) do not fall within this policy. The installation of security measures such as a screen between driver and passengers, as a means of providing some protection for drivers is acceptable; however, where a screen has been fitted an additional camera must be fitted to the CCTV system to ensure a clear and submitable recording. In any licensed vehicle where a CCTV security system is fitted, the proprietor shall ensure that the system is properly maintained and serviced to ensure clear images are recorded. A warning sign, approved by an authorised officer, must be clearly and prominently displayed inside the vehicle advising passengers that a CCTV system is in operation in the vehicle.

Any such equipment shall be fitted in such a way as not to present any danger or hazard. At the time of fitting of any CCTV System it must be compliant with the specifications applicable at that time. It will be the driver/proprietors responsibility to comply with all aspects of the law regarding such surveillance equipment. From the date this policy becomes effective all vehicles will be required to install CCTV. Any system must comply with Warrington Borough Council approved specifications. The policy for CCTV systems in vehicles licensed by Warrington Borough Council can be found at Appendix “H” of the Hackney Carriage/Private Hire Licensing Policy.

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3.7 This policy also seeks to ensure that the installation and operation of CCTV systems does not compromise the safety of either drivers or passengers; or unreasonably interfere with the privacy of members of the public, as follows:

The images captured by the CCTV system will be protected by using encrypted software to guard against any data loss or data breaches.

Audio recording will only be permitted for use where the driver believes it is in the interest of his, or a passenger’s safety, or for the purpose of protecting his livelihood.

The driver will be able to trigger the recording by activating a ‘panic button’ which will only run for 15 minutes.

The system will have a reset function installed which will automatically disable audio recording and returns the system to normal default operation after 15 minutes has elapsed.

The CCTV recordings will only run for 14 days and at the end of the 14 days the recordings will be erased by overwriting them with new recordings.

Authorised Licensing Officers will only ever download the data for four specific reasons listed below, and in line with Council’s Camera

Download Policy (See appendix 1). (a) where a crime report has been made involving the specific vehicle

and the Police have formally requested that data or, (b) when a substantive complaint has been made to the licensing

authority regarding a specific vehicle / driver and that complaint is evidenced in writing (and cannot be resolved in any other way),

(c) where a data request is received from an applicant e.g. police or social services, that has a legitimate requirement to have access to the data requested to assist them in an investigation that involves a licensed vehicle or driver.

(c) Subject Access Request compliant with the Data Protection Act 3.8 Any CCTV system to be fitted in a taxi/private hire vehicle must comply with the

Council’s CCTV Specification (see appendix 2). 3.9 The Council has a fleet of private hire vehicles with additional conditions that

are licensed to provide an executive private hire service in the Borough of Warrington. These vehicles do not operate as a standard private hire vehicle, as they mainly provide chauffeuring service to clients, and have special contracts with their clients to provide such services. Before any licence can be granted, applicants are required to submit details to the Taxi Licensing Team to demonstrate how their business plan differs from the “standard” private hire companies currently operating in the Warrington area.

3.10 Vehicles operating under an Additionally Conditioned Private Hire Vehicle

licence are exempt from:

The displaying of standard licence plates on the front and rear of the vehicle

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Displaying repeater dashboard plates

Warrington Borough Council door signs

Private Hire Operator door signs

The restriction of black and/or white vehicles 3.11 The reason for the above exemptions is to keep the vehicle for this licence type

looking discreet. A discreet card licence identification feature is issued to the licence holder and they are required to permanently display it in the front, nearside of the windscreen and on the rear window of the vehicle.

3.12 However, it should be noted that the additionally conditioned licences are

issued at the discretion of the Council’s Taxi Licensing Team. If the relevant criteria under which the licence is granted is not met, then this licence will be removed and the standard private hire licence conditions will apply.

4.0 CURRENT ISSUE

4.1 The Licensing Authority has received 4 applications from Additionally Conditioned Private Hire Vehicle Operators requesting an exemption from the requirement to have CCTV installed in their vehicles. Their reasons for requesting an exemption are that they provide a prestigious executive door-to-door chauffeur driven limousine style service, mainly to businesses in the Borough of Warrington, with whom they have contracted their work.

4.2 In addition to the above, these operators have stated that they have

established a loyal, secure and regular customer base service with their clients, which offers them discretion and right of privacy when they are conducting businesses during transit. The operators further claim that their clients demand privacy and confidentiality clauses as part of their contracts. They are therefore concerned that their customers will elect to terminate the contracts, which will have a detrimental effect on their business.

4.3 Below is a list of additionally conditioned private hire operators who have

applied for CCTV exemption.

Michael Bain, 5 Star Chauffeur Cars Ltd – ACV 25 and ACV 26)

Carl Warburton, Carl's Executive - ACV001 and ACV028)

Andrew Ratcliffe, Neilson Cars - ACV014

Alex Cook, Simply Executive Travel – ACV003

Their applications for exemption are set out in appendix 3. 4.5 Officers do not have delegated powers to permit any deviation from the

Council’s Policy. As stated above, the CCTV Policy was put in place to prevent and detect crime, reduce the fear of crime and enhance the safety of taxi and private hire vehicle drivers, as well as their passengers.

4.6 The Committee can decide to depart from the Policy, if it considers that the use

of the vehicles licensed with the above named operators are not associated

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with a standard private hire vehicle, and as such, the risk to both the driver and the passenger of becoming a victim of crime is low.

4.7 Applications requesting any deviation from the Council’s Policy are considered

on a case-by-case basis. Applicants seeking an exemption from any Policy requirements are required to provide information/evidence to allow the Committee to consider the application and make an informed decision (see

appendix 2).

4.8 The committee have previously considered applications for exemptions from additionally conditioned vehicles on 28 January 2016, but it is important for members to note that this does not set a precedent as each case must still be considered on its own relative merits.

4.9 If the Committee is minded to grant these applications, the Tax Licensing Team

will continue to monitor the licences to ensure that the operators comply with the conditions under which the licences are granted. If it is found that the operator is in breach of the licence conditions, then their entitlement for CCTV exemption will be removed and they will be required to operate under standard private hire vehicle licence conditions.

5. FINANCIAL CONSIDERATIONS 5.1 There are no financial considerations to the Authority.

6. RISK ASSESSMENT 6.1 The Council has a statutory duty to regulate private hire vehicles and hackney

carriages (taxis) and has discretion in the application of its Policy. The risk is therefore low.

7. EQUALITY AND DIVERSITY/EQUALITY IMPACT ASSESSMENT 7.1 The Council has a legal duty to proactively promote race, gender and disability

equality and to tackle discrimination experienced by vulnerable groups. It is the role of the Licensing Authority to administer the licensing regime in accordance with the law and each application will be considered on its merits

8. CONSULTATION 8.1 The policy has been widely consulted on prior to adoption. Any application for

an exemption needs to be considered in its individual merits.

9. RECOMMENDATIONS That Committee:

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9.1 Consider the applications received for exemptions of CCTV requirement in additionally Conditioned Private Hire Vehicles. The options available to the committee are to:

(a) Grant the applications on the basis that the operators will maintain their

business model of providing a prestigious executive door-to-door chauffeur driven service to their customers

(b) Refuse the applications.

10. BACKGROUND PAPERS

Appendix 1 – Warrington Borough Council CCTV download Policy Appendix 2 - Warrington Borough Council’s CCTV Specification Appendix 3 - Applications received from additionally conditioned Private Hire

Operators for the exemption to install CCTV systems in their vehicles.

11. CLEARANCE DETAILS

Clearance Details (Record of clearance of report): Name Consulted Date

Consulted Yes No

Relevant Executive Board Member X 22/06/2016

SMB X

Relevant Strategic Director X

Solicitor to the Council Tim Date X 22/06/2016

S151 Officer X 22/06/2016

Relevant Assistant Director Pete Astley (MBE) X 22/06/2016

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TITLE OF REPORT: Hackney Carriage and Private Hire Policy (amendments)

1. PURPOSE OF THE REPORT 1.1 To inform Members on the outcome of the consultation exercise with

stakeholders on the proposed amendments to the Hackney Carriage/Private hire Licensing Policy following a review by officers.

1.2 To consider the objection received from the consultation and to seek approval

for a report to be presented to Full Council to adopt the amended Hackney Carriage and Private Hire Licensing Policy.

2. CONFIDENTIAL OR EXEMPT

2.1 The content of this paper is not confidential or exempt.

3. INTRODUCTION AND BACKGROUND

Warrington Borough Council Hackney Carriage and Private Hire Licensing

Policy

WARRINGTON BOROUGH COUNCIL LICENSING COMMITTEE

DATE OF COMMITTEE 5 July 2016

Report of the: Executive Director of Environment and Regeneration

Report Author: Phil Caroline Sharkey

Contact Details: Email Address:

csharkey@warrington.gov.uk

Telephone:

01925 444051

Ward Members:

All

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3.1 The Council’s Hackney Carriage/Private Hire Licensing Policy was adopted by Full Council on 8 December 2014, following consultation with the trade and approval by the Licensing Committee on 18

th June 2014. The policy document

is important as it sets out the public safety standards the Council require, and the approach the Council as a Licensing Authority will take in exercising its discretion in carrying out the Taxi/Private Hire Licensing functions, whilst considering or making decisions on applications.

3.2 The policy document consists of 86 pages. To save printing costs and reduce

environmental impact, a full copy of the policy can be found on the Warrington Borough website www.warrington.gov.uk. A printed copy will be available at the meeting.

3.3 On 28

th January 2016 the Licensing Committee gave approval to consult on

the proposed minor changes to the existing Hackney Carriage/Private Hire Licensing Policy. The aim for the proposed amendments is to improve the taxi/private hire licensing service and to provide clear directions for taxi and private hire drivers/operators, and vehicle examiners at Network Warrington Testing Station, on the Council’s Vehicle Specifications and Testing policy.

3.4 The consultation sought views on the following key changes to the policy.

a. to consider an approved list of training providers for the Driver and Vehicle Standards (DVSA) Taxi test with the view to reduce delays for new applicants.

b. revise the Vehicle Specifications and Testing Policy. c. Introduce a timeline for Temporary Licensed Vehicles and remove the

requirement for CCTV in Temporary licensed vehicles.

3.5 The consultation ran from 19th

February 2016 until 31st March 2016.

Consultees included members of the taxi trade (approximately 644 current licence holders), trade representatives, taxi service users and all the relevant authorities and organisations. The consultation briefing letter was sent out to all the taxi/private hire drivers, operators and was also available on the Council’s website. The consultation letter sent to the taxi trade and online

response form are produced at appendix 1.

Consultation Responses

3.6 As part of the minor changes review to the Hackney Carriage/Private

Licensing Policy, the consultation responses have been collated in the

consultation results report as attached at appendix 2. It should be noted that the Licensing Authority only received one response.

Policy Review Proposals and Reasoning

3.7 Driver and Vehicle Standards Agency (DVSA) Taxi Standard Driving

Assessment. - Paragraph 25 (page 16) of the policy requires drivers to pass the Driver and Vehicle Standards Agency (DVSA) Taxi Standard Driving Assessment. Upon successfully completing the assessment, drivers are

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issued with a certificate which they submit to the Taxi Licensing Team as part of their application for a Hackney Carriage/Private Hire drivers licence. Applicants are required to make their own arrangement for booking their DVSA assessments via the GOV.UK website on this https://www.gov.uk/ or contact 0300 2001122 to obtain further details for booking.

3.8 In addition to the above requirement, the policy also enables the Taxi

Licensing Sub-Committee to determine the driving standards of an existing licensed driver. If it considered that the standards falls below that which is expected, then a driver may be asked to undertake the DVSA Taxi Standard Driving Assessment prior to having their licence re-issued.

3.9 We have received feedback from drivers that they are experiencing significant

delays of upto 13 weeks, which is having an unacceptable impact on their ability to trade and on the ability of the service to administer applications in a timely and efficient way. The situation is further compounded if the applicant fails the initial test, which can take upto 6 months.

3.10 The service has identified an independent provider called DIAmond Advanced

Motorists Ltd, who are used by neighbouring authorities, and who can provide

a driving test equivalent to the DVSA (See appendix 3). 3.11 As part of the consultation it was proposed that paragraph 25 of the Licensing

Policy be amended as follows:

Prior to applying for a licence with Warrington Borough Council all new applicants are required to successfully complete the Driver and Vehicle Standards Agency (DVSA) Taxi Standard Driving Assessment or an equivalent DVSA Taxi Standard Driving Assessment provided by an approved training provider placed on the Licensing Authority’s approved list.

Warrington Borough Council does not require you to undertake the enhanced or upgraded assessment. For further details of what the assessment involves and for booking details go to www.gov.uk/dvsa- taxi-driving-test or contact 0300 2001122.

Upon successfully completing the assessment, you will be issued with a certificate which you will need to present to the Taxi Licensing Team as part of your application.

Important: Should Warrington Borough Council Taxi Licensing Sub-Committee determine the driving standards of an existing licensed driver falls below that of what is expected, then a driver may be asked to undertake the DVSA Taxi Standard Driving Assessment or equivalent DVSA Taxi Standard Driving Assessment provided by an approved training provider placed on the Licensing Authority’s approved list prior to having their licence re-issued.

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3.12 Vehicle Specifications and Testing Policy - As part of the application process for licensing hackney carriage and private hire vehicles, all vehicles (whatever their age) must be tested/inspected and pass a ‘Compliance Test’ before a vehicle licence can be issued. This is to ensure that not only is the vehicle’s condition safe, of satisfactory appearance and suitable to be used as licensed vehicle but also to ensure that it is mechanically fit, and that it complies with the relevant conditions and legislation. A Compliance test involves the vehicle being inspected to national MOT standards along with an additional inspection

to cover taxi licensing requirements. 3.13 The Council has a fleet of private hire vehicles with additional conditions that

are licensed to provide an executive private hire service in the Borough of Warrington. The vehicle testing regime for additionally conditioned private hire vehicles is considerably different to a standard private hire vehicle.

3.14 At the Licensing Committee in January 2016, it was reported that the vehicle

examiners at Network Warrington Testing Station and some licensees have expressed concerns that the term showroom condition for exterior bodywork for additionally conditioned vehicles is very ambiguous. It makes it very difficult for mechanics to assess the suitability of such vehicles when determining if the vehicle meet the Council’s requirements. This has resulted in challenges/disputes from the licensees not being satisfied with the test results if their vehicles fail the test. These matters frequently get escalated to the Council Licensing Team to settle the disputes.

3.15 Following consultation with the mechanics at Network Warrington and a trail of

tests carried out by them, it was proposed that the term showroom condition

be replaced with a more specific testing criteria (see appendix 1). 3.16 In addition, it was proposed that the vehicle specifications and testing policy

requirements be revised as discussed with the Team of vehicle examiners at Network Warrington Testing Station as detailed below. Please note that the

proposed changes are highlighted in italic bold (see appendix 1):

3.17 Temporary Vehicle Replacements - The policy does not specify a time limit on temporary vehicles. Licence holders have also expressed concern on CCTV requirements for Temporary Vehicles. It was proposed that a new paragraph 73 be insert under the Section Three of the Policy – Vehicles to read as follows: –

3.18 Paragraph 73 – Temporary Vehicles Replacements:

Any licensed vehicle suffering (major) accident damage or requiring mechanical repair may be temporary replaced by a hire vehicle provided:

the accident damage has been reported by the licence holder to the Licensing Team in accordance with the licence conditions.

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application is made by the licence holder for a temporary plate and the appropriate fee paid.

the replacement vehicle is properly taxed, insured and tested in accordance with the Council’s Vehicle Specification’s and conditions.

the council will issue a temporary licence plate(s) to cover the existing period of the licence. The application fee is readjusted if the vehicle has not had its 6 monthly tests.

any temporary licence plate(s) must be returned to the council at the end of the temporary replacement.

the vehicle inspection costs will be borne by the licence holder.

any hackney replacement vehicle must be fitted with a meter, which must be tested and calibrated to the council’s current tariff.

IMPORTANT: A Temporary Vehicle Licence will only be licensed for a maximum period of 3 months. CCTV will not be installed in Temporary Vehicles.

4.0 CONCLUSION

4.1 The benefits for the proposed amendments to the Hackney Carriage and

Private Hire Licensing Policy are to improve the taxi and private hire licensing service in the borough of Warrington. The proposed changes will also help the taxi and private hire driver/operators and vehicle examiners at Network Warrington Testing Station to have clear directions on the Council’s Vehicle Specifications and Testing policy.

5. FINANCIAL CONSIDERATIONS 5.1 . The proposed changes are designed to improve the efficiency and

effectiveness of the service, whilst ensuring that appropriate controls remain in place to protect the public and to maintain standards.

6. RISK ASSESSMENT 6.1 The Council has a statutory duty to regulate private hire vehicles and hackney

carriages (taxis) and has discretion in the application of its Policy. The proposed changes are designed to improve the service, and the trade have been widely consulted with only one objection being received, the risk is considered to be low.

7. EQUALITY AND DIVERSITY/EQUALITY IMPACT ASSESSMENT

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7.1 The Council has a legal duty to proactively promote race, gender and disability

equality and to tackle discrimination experienced by vulnerable groups. It is the role of the Licensing Authority to administer the licensing regime in accordance with the law and each application will be considered on its merits

8. CONSULTATION 8.1 The policy has been widely consulted on prior to adoption and the proposed

changes have benefitted from a further consultation. 8.2 The Council has consulted widely with members of the taxi trade

(approximately 644 licence holders), trade representatives, taxi service users and all the relevant authorities and organisations. Feedback received from the

consultation results report as attached at appendix 2 shows that only one respondent commented to the online consultation questionnaire. Whilst the respondent objected to the proposed amendments there is no further evidence/reasons provided in the consultation feedback to support the basis for the objection.

9.0 RECOMMENDATION

It is recommended that the Licensing Committee: 9.1 Consider the outcome of the consultation and give approval for a report to be

taken to Full Council to formally adopt the changes to the Hackney Carriage and Private Hire Licensing Policy.

10.0 BACKGROUND PAPERS

Appendix 1 – Copy of consultation letter sent to the taxi trade and online

response form Appendix 2 - Consultation results report Appendix 3 - Information on DIAmond Advanced Motorists Ltd – DVSA Test

for Drivers

11. CLEARANCE DETAILS

Clearance Details (Record of clearance of report): Name Consulted Date

Consulted Yes No

Relevant Executive Board Member X 22/06/2016

SMB X

Relevant Strategic Director X

Solicitor to the Council Tim Date X 22/06/2016

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S151 Officer X 22/06/2016

Relevant Assistant Director Pete Astley (MBE) X 22/06/2016

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Agenda Item

WARRINGTON BOROUGH COUNCIL LICENSING COMMITTEE DATE OF COMMITTEE –5

th July 2016

Report of the: Assistant Director Development and Public Protection Report Author: Dave Watson Contact Details: Email Address:

dwatson@warrington.gov.uk

Telephone: 01925 442590

Ward Members:

Borough wide

TITLE OF REPORT: LOCAL AREA PROFILE ON GAMBLING

1. PURPOSE 1.1 To advise committee on the development of a local area profile on gambling, as

recommended by the Gambling Commission, in support of the Council’s Gambling Policy.

2. INTRODUCTION AND BACKGROUND 2.1 Every three years Warrington Borough Council as a Licensing Authority is

required to produce a Gambling Policy. The policy sets out the Council’s approach to licensing gambling premises, such as amusement arcades, betting shops, casinos, bingo halls, clubs and pubs that provide gaming machines.

2.2 The current policy was formally adopted at Full Council on the 19th October 2015;

following approval by Licensing Committee on the 8th September 2015. 2.3 The Policy seeks to be more responsive to local issues, which impact adversely

on the promotion of the licensing objectives, particularly the protection of children from harm and the safeguarding of vulnerable people. Premises are required to complete a risk assessment within their application.

2.4 The National Centre for Social Research published the British Gambling

Prevalence Survey in 2010, which found that problem gambling is highest in the more deprived area and that there is an association with sex (highest in males), unemployment, lack of academic attainment, age (highest in young people) and race. Poor health has previously been identified as a risk factor but the significance was not as obvious in the 2010 results.

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Agenda Item

2.5 It is important that the Council and strategic partners are able to adopt an intelligence led approach. The Council has therefore developed a local area profile to ensure that informed decisions can be taken with respect to the licensing of gambling establishments. The profile, which is considered to reflect best practice, will help to raise awareness, improve information sharing and promote joint problem solving. It will ultimately help to identify risks, which can then be more fully assessed and mitigated against, with respect to new and existing licensing premises. The local area profile is produced at appendix 1.

2.6 The Council is aware of and concerned about the proliferation of on line gambling

and the risks posed by fixed odds betting terminals. We have formally expressed these concerns to the Gambling Commission. We will continue to promote action at a national level to help to protect local people, and their dependents, from the harm caused by gambling addiction.

3 CONSULTATION

3.1 The consultation on the Gambling Policy took place between 13th July and 21

August 2015. 3.2 The Local Area Profile is an intelligence tool to promote joint problem solving.

The results will be made available in order to increase awareness and promote joint problem solving (See appendix 1).

4 FINANCIAL CONSIDERATIONS 4.1 The profile was developed with the assistance of colleagues in Resources and

Strategic Commissioning. Their contribution in minimising the costs of producing the report is appreciated, as other authorities have had to commission consultants.

4.2 Problem gambling can exacerbate social inequality and result in significant

financial indebtedness. 5 RISK ASSESSMENT 5.1 The Statement of Gambling Policy sets out how the Council intends to discharge

its responsibilities under the Act. The Gambling Policy may set out a general approach to taking licensing decisions; but it must not ignore, or be inconsistent with, the Gambling Act 2005. The Gambling Policy must not undermine the right of an individual to have their application determined on its relative merits; having regard to the facts of the case and the evidence available.

5.3 The Local Area profile will help to inform decisions taken with respect to the

policy. The use of an intelligence led approach should serve to reduce risk and provide a clearer evidence base to support the decision taken.

6 EQUALITY AND DIVERSITY/EQUALITY IMPACT ASSESSMENT

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6.1 The Council has a legal duty to proactively promote race, gender and disability

equality and to tackle discrimination experienced by vulnerable groups. It is the role of the Licensing Authority to administer the licensing regime in accordance with the law and each application will be considered on its merits.

6.2 A Customer Equality Impact Assessment has been carried out with respect to the

Gambling policy. No adverse impact has been identified with respect to the various equality groups.

7 CONCLUSION

7.1 The Local Area Profile on Gambling helps to identify the risk of gambling related

harm at a given location, based on known risk factors. It does not show where problem gambling is actually occurring. The profile helps to confirm that there is a correlation between the location of existing premises and areas of higher deprivation, homelessness, indebtedness, ethnicity and prevalence of mental health issues. This would seem to support The National Centre for Social Research report on risk factors associated with problem gambling.

7.2 The profile will help to ensure that any application for a new premise benefits from

an appropriate risk assessment prior to its determination, for intelligence led decisions to be made with respect to existing premises and to promote joint problem solving between agencies and support services. It is interesting to note that existing support services are located in key areas.

8 RECOMMENDATION 8.1 It is recommended that :-

Members note the development of the local profile and approve its use to promote the objectives of the Gambling Policy and the wider aims of the Council and key partners.

9 BACKGROUND PAPERS

Appendix 1 – WBC Gambling Local Area Profile Gambling Commission Guidance to Licensing Authorities (5th Edition) September 2015. Warrington Borough Council Statement of Gambling Policy Contacts for Background Papers:

Name E-mail Telephone

Caroline Sharkey csharkey@warrington.gov.uk 01925 444051

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Gambling Local Area

Profile Spatial Analysis Report

Partnerships, Performance and Policy

APPENDIX 1

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Introduction and Background

The Gambling Act 2005 gave Local Authorities (LA’s) responsibility for issuing premises licenses for

gambling venues. The advice contained within the Act was that LA’s should ‘aim to permit’ premises

licenses so long as applications are reasonably consistent with the following objectives;

a) Preventing gambling from being a source of crime and disorder, being associated with

crime or disorder or being used to support crime

b) Ensuring that gambling is conducted in a fair and open way, and;

c) Protecting children and other vulnerable persons from being harmed or exploited by

gambling

More recently, there have been some changes in the recommended approach to gambling licensing

and regulation, as expressed in various documents published by the Gambling Commission (GC,

2015; GC, 2012). These changes can be summarised into three broad themes:

Increased focus on risk and regulation

Greater attention to local area risk, and;

Encouragement of partnership and collaboration between stakeholders to mitigate risk

From April 2016, all industry operators have to undertake local area risk assessments to explore what

risks gambling venues pose to the licensing objectives, including the protection of young and

vulnerable people.

Aims of the Analysis

Using the work completed by Manchester City Council and the City of Westminster as a reference

point, ‘Exploring area-based vulnerability to gambling-related harm: Developing the gambling-related

harm risk index’ and ‘Exploring area based vulnerability to harm: who is vulnerable?’, this report has

three main aims;

Consider, in the Warrington context, the types of people who may be at greater risk of harm from gambling and where they might be located

Using the identified datasets, create a ‘Local Risk Rank’ showing areas with greater concentrations of people who are more likely to be vulnerable to harm.

Provide the basis for an intelligence led approach in decision making

Approach

Spatial analysis has been used to examine local variation in vulnerability to gambling-related harm in

Warrington. In order to do this we have;

Identified the main characteristics associated with gambling-related harm using the work completed by Manchester City Council and the City of Westminster identified characteristic

For each characteristic, the availability of local level data was reviewed and further datasets were assessed against within the local context.

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Sought to combine this information into a single model that shows areas of greater or lower potential risks

It is important to note at this stage that the approach taken uses a more probabilistic approach as

opposed to a deterministic approach. With this, we are identifying patterns that highlight the

potential presence of a range of causal processes (Carter & New, 2004), however, the association

itself is not deterministic i.e. ‘x’ causes ‘y’, but more general where ‘x’ may generate ‘y’ outcome

under ‘a’, ‘b’, or ‘c’ circumstances (Pawson & Tilly, 1997; Wardle, 2015b).

This approach, as used in the studies by Manchester and Westminster “reflects the uncertainty of

subjective experiences whilst recognising there are general patterns” that can be used in risk based

models without being able to fully and accurately predict the exact outcomes for each individual. As

people and places vary, the potential risk varies, the model developed by Manchester and

Westminster, and subsequently adopted here, seeks to identify the spatial variation of risk and to

visualise this on a map.

Key Findings

• 13 Lower Super Output Areas (LSOAs) were are identified as most at risk of gambling related harm.

• Of the 13 identified most at risk areas, 8 are in the 20% most deprived areas, 4 LSOAs are in the IMD 3rd Decile for deprivation and 1 LSOA fell into the 4th decile for deprivation.

• The top three LSOAs most vulnerable to Gambling Related Harm were in Bewsey, Fairfield and Howley, and Orford.

• The most vulnerable LSOA in Bewsey has a range of services offered within the Town Centre that may draw potentially vulnerable people into the Town Centre.

• Within the ‘Amber’ range of the ranking system, Stockton Heath was identified as having a potentially vulnerable LSOA. The LSOA identified is an 8th decile LSOA.

• There are pockets of vulnerability in Birchwood both in the red ranking and amber ranking

Who is vulnerable? Findings from Manchester and Westminster

In their study, Manchester and Westminster conducted research to establish the theoretical and

empirical basis for their risk-index models. The two phase approach consisted of stakeholder

interviews followed by Quick Scoping Reviews (QSR). The process identified the following themes;

1. Those with constrained social and economic circumstances (those living in deprived areas, those who were unemployed, those with low income, those experiencing social isolation, homeless populations, offenders, migrants etc.)

2. Those with certain demographic characteristics (age, gender, ethnicity – though broadly accepted that these characteristics often serve as a proxy for other mechanisms)

3. Those who may have poor judgement (certain mental health conditions, learning disabilities or low educational attainment, temporary impairment, longer term difficulties due to substance use/ misuse issues etc.)

4. Other groups, such as problem gamblers seeking treatment or those with substance abuse/ misuse issues

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The diagram below demonstrates which of the identified characteristics had strong empirical

evidence. The characteristics which are shaded in darker grey show where there was good evidence

to support that these characteristics are associated with higher risk of harm. Lighter grey

demonstrates emerging evidence and the remaining characteristics are mixed/ limited/ no evidence.

*Table taken from Manchester/ Westminster Report

Datasets and Data Sources

The datasets used to inform the Warrington spatial analysis are based on the best available local data

to represent each of the risk factors identified – some of which have multiple datasets. Some data

used may be considered proxy measures where an ideal measure was not available.

Given the profile aims to capture local variation, the model uses data at the smallest geographic scale

or unit possible, including Lower Super Output Area (LSOA) and where appropriate, full postal

addresses. Where possible, we have used the latest, most up to date data available, however, the

age of the data does vary i.e. data derived from the from the national census the data was last

collected in 2011.

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The datasets used are presented in the table below.

Datasets

Demographics: • Black and Minority Ethnic (BME) (Census 2011) • Age (Census 2011, updated mid-term estimates 2014) • English language (Census 2011) • Lone Parents (Census 2011)

Licensed Gambling Premises: Unit postcode/ LSOA of location

Emerging Adults/Younger Children:

Education institutions with students of 13-24 years (unit postcode/ LSOA location)

Emerging adults and younger children – number of residents aged 10-24 (LSOA)

Ethnic Groups: Number of residents from BME & White Other ethnic groups (Census 2011)

Problem Gamblers who are seeking treatment: Gamblers Anonymous meetings and Gamcare counselling locations

Substance abuse/misuse: Drug and alcohol treatment and recovery centres/ clinics and clinics within GP surgeries, needle exchanges, accommodation for persons who require treatment for substance misuse

Poor Mental Health:

Number of patients recorded on the GP register with schizophrenia, bipolar affective disorder and other psychoses, and other patients on lithium therapy or with depression (18 or over) (Quality and Outcomes Framework - QOF Prevalence Data, 2014-15)

Number of resident outpatient attendances to acute hospitals relating to treatment function specialities 710 (adult mental illness), 722 (liaison psychiatry), 723 (psychiatric intensive care) (QOF Prevalence Data, 2014-15)

Unit postcode/ LSOA of GP practices and self-help groups

Financial Difficulties:

Payday loan shops (unit postcode/ LSOA of location)

Food banks (unit postcode of location)

Economically Active:

Job Centre Plus Offices (unit postcode/ LSOA of location)

Residents in receipt of any out-of-work benefit (NOMIS, 2015)

Homelessness: Emergency, Second Stage, Specialist and Universal Provision

Community Centres: Community Centre location

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Caveats/ Data Limitations

The profiles are based on current knowledge and available data. There are a number of potential

groups (such as immigrants) who we have very limited data on and therefore were not included in

the current profiles.

How has the Data been used?

The datasets have been used to identify vulnerable persons and/ or groups/ location in Warrington

based on the identified themes;

• People vulnerable to gambling –related harm: Spatial analysis of Warrington by themes; Demographics (including Acorn data profiling); Socio-Economic; Poor Judgement/ Impairment;

• Cumulative Impact: The impact on people/ communities resulting from the accumulation of successive additions of poorly performing measures across all themes

• Anomalies outside analysis perimeters: Following spatial analysis and cumulative impact, further analysis was completed to identify any issues or data variances that seem inconsistent with the overall context that might warrant further investigation

• Emerging Areas: Not all data was available at a Warrington level, that was used in the original project in Manchester and Westminster. As data become more readily available, further areas and their potential risk can be further explored

The methodology used to create a meaningful scoring index was a ranking system. Each of the

measures received a ranked score of between 1 and 127 (there are 127 LSOAs), the data in the LSOA

for each measure, that could mean most at risk/vulnerable, received the highest ranked score of 127,

and this continued until the least at risk/vulnerable scored 1. These ranking scores were applied to

each of the measures and averaged out to provide an overall rank of most at risk/vulnerable. Other

(non-measure) measure were also added in these scores to provide an additional weighting.

Results

It is important to note that the maps in the subsequent sections of this report show the risk of

gambling related harm at a given location. They do not show where problem gambling is occurring.

As previously discussed, the model used is a probabilistic measure of risk to gambling harm

vulnerability among the Warrington population. In essence, the areas ranked as ‘red’ are the

locations at the greatest risk of experiencing harms associated with gambling.

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The risk ranking has a total score of 0-127 where Warrington has 127 LSOAs. For the purpose of this

report 127 is the most at risk location;

For the measures sourced from Census data, NOMIS, Police and IMD and relative measure of ranking

was used where the performance of one LSOA was in relation to the performance of the rest of the

LSOAs in the Borough. For the facilities locational data sets, a standard weighting system was

employed where a score for the presence of a specific facility was given, adding to the total score for

the LSOA. The higher the score, the greater the risk.

Average Rank 1-101

Average Rank 102-115 (20%)

Average Rank 116-127 (Bottom 10%)

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Highest Ranked LSOAs by Measures

Amber Ranked LSOAs by Measures

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Bewsey and Whitecross - E01033300 31 40 185 12 258 586 56.1 1.0 2660 127Fairfield and Howley - E01012480 35 109 182 59 267 560 45.8 1.0 280 446 126Orford - E01012520 36 151 160 84 59 164 56.1 1.0 265 293 125Latchford East - E01012507 34 132 213 84 80 217 33.8 3.0 160 308 124Bewsey and Whitecross - E01012458 31 207 216 110 122 327 27.1 3.0 220 279 123Bewsey and Whitecross - E01012454 32 208 207 90 179 520 28.9 3.0 190 393 122Bewsey and Whitecross - E01012455 29 181 196 139 179 394 56.9 1.0 350 302 120Bewsey and Whitecross - E01033302 30 96 146 64 179 540 35.6 2.0 384 121Fairfield and Howley - E01012481 34 151 120 105 49 145 25.9 4.0 120 140 119Latchford West - E01012510 37 171 184 66 130 324 32.4 3.0 235 277 118Birchwood - E01012466 33 164 163 100 60 212 41.4 2.0 220 157 117Fairfield and Howley - E01033303 32 50 134 69 97 231 34.8 2.0 191 116Bewsey and Whitecross - E01012457 34 116 149 82 228 618 36.4 2.0 180 291 115

Birchwood - E01012459 38 126 103 74 31 120 33.7 3.0 210 223 114Poplars and Hulme - E01012536 35 166 114 83 34 94 38.0 2.0 180 185 113Orford - E01012526 28 212 217 137 119 253 59.2 1.0 280 185 112Poulton North - E01012545 32 175 151 134 47 200 48.5 1.0 230 196 111Latchford East - E01012506 33 180 119 90 49 99 42.6 2.0 185 189 110Bewsey and Whitecross - E01012453 30 192 185 124 62 186 54.5 1.0 255 274 109Fairfield and Howley - E01012479 35 109 177 96 115 276 46.1 1.0 235 157 107Poplars and Hulme - E01012533 27 212 139 137 75 171 58.6 1.0 240 178 107Stockton Heath - E01012557 40 113 88 40 22 152 10.9 8.0 50 153 106Poplars and Hulme - E01012537 36 153 146 107 24 78 44.6 2.0 200 186 105Fairfield and Howley - E01033299 28 154 287 122 225 472 24.8 4.0 198 104Orford - E01012522 40 127 93 65 15 95 32.9 3.0 155 130 103Poulton North - E01012546 30 204 150 122 14 94 46.9 1.0 265 173 102

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Warrington Demographics

Indices of Multiple Deprivation 2015 (IMD)

Ethnicity not British

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English not first language

Emerging Adults

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Lone Parents

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Themed Map Analysis: Socio-Economic

Employment: Residents in receipt of any out-of-work benefits

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Homeless: Licensed Gambling premises and Homeless support services

Financial Difficulties/ Debt: Licensed Gambling premises and foodbanks and payday loan shops

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Themed Map Analysis: Poor Judgement/ Impairment

Mental Health: Prevalence of mental health issues by GP Surgery

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Problem Gamblers: Licensed Gambling premises and Gambling support services

Alcohol/ Drugs issues: Licensed Gambling premises and Alcohol/ Drug support services

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Gambling Interactive Tool

The Analysis tool is able to highlight particular measures and LSOA areas. Each of the 127 LSOAs has

been placed in a 10% decile, i.e. the top 10% most at risk/vulnerable LSOAs. The 20% decile will show

the next 10% that are outside the top 10, on so on. This is the primary sorting field on the tool. Once

a decile has been selected, the data is automatically filtered to only show the affected LSOA areas

etc. However, this can be reversed, and users can choose and LSOA area as the starting point, and

the filters will show which deciles are included. The bar charts are automatically created dependent

on which filters have been applied, and can be changed to view multiple measures for comparison.

The interactive tool can be accessed at

https://www.warrington.gov.uk/info/201093/licensing/1986/gambling_licenses

Next Steps

The Gambling Profile will be updated as and when data becomes available. When Licensing

Applications are submitted the tool can be used to provide more in depth, detailed analysis on

specific locations as a basis for making intelligence led decisions in line with the Gambling Act 2005.

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