Agenda item

To consider the report of the Chief Officer, Elections and Regulatory, which provides the Licensing Committee with information relating to the granting of licences, enforcement action, and proposed future work in the form of an Annual Report.

The Chief Officer, Elections and Regulatory, presented a report on the Licensing Annual Report 2023 which provided information relating to the granting of licences, enforcement action and proposed future work in relation to both the Entertainment Licensing Section and the Taxi and Private Hire Licensing Section. The Committee noted the Licensing Annual Report 2023 will be submitted to the 20^th March 2024 Council meeting and was presented for information and discussion.

The following were in attendance:

·  John Mulcahy, Chief Officer, Elections & Regulatory

·  Nicola Raper, Section Head, Entertainment Licensing

·  Sue Duckworth, Principal Licensing Officer, Entertainment Licensing

·  Jason Singh – Head of Service for Taxi and Private Hire Licensing

·  Valens Jacobs – Licensing & Finance Manager, Taxi and Private Hire Licensing

·  Richard Perrett – Operations Manager, Taxi and Private Hire Licensing

In introducing the work of the Entertainment Licensing Section (ELS) included in the Annual Report, the Principal Officer (ELS) highlighted the following key issues:

·  The city appeared to be returning to pre-Covid levels of activity, evidenced by the increased number of applications.

·  The Annual Report now referenced Gambling Harms as recommended by Scrutiny Board (Environment, Housing and Communities) and outlined enforcement activity undertaken by the Gambling Commission which included action against the three land based operators with branches in Leeds - William Hill Group, Paddy Power & Betfair and Done Brothers.

·  The “Clear, Hold, Build” strategy undertaken through multi-agency work with partners in the Harehills area had found large scale criminality including the sale of illegal tobacco, counterfeit alcohol and illegal vapes. Subsequently the Licensing Sub Committees had dealt with 12 Reviews of premises licences in Harehills which resulted in 7 revocations and modified conditions attached to 5 licences.

The Committee discussed the following matters:

The “Clear, Hold, Build” strategy - 

-  The Committee commended partners for their work in the Harehills area and sought to reassure them that the Committee was keen to play its part to ensure the law was upheld. Members expressed frustration that the current licensing regime permitted licences to be transferred during the period of representation prior to a Review Hearing.

-  Recognition of the success of the strategy, noting a recent report stated that crime in Harehills had decreased 40%. The importance of the “build” element of the strategy was also acknowledged as being crucial for the communities of the area.

-  In response, the Chair confirmed his intention to write to the Secretary of State with regards to the view that transfer of licence activity should be prevented during the process of Premises licence Review.

The Head of Service for Taxi and Private Hire Licensing (TPHL) introduced that part of the report relating to TPHL matters and highlighted that the Section had similarly seen business return to pre-Covid levels of activity with an increase in the number of licence applications.

The Licensing & Finance Manager reported that the Pilot Schemes for vehicle age criteria, tinted windows and to allow drivers to work for two operators had been welcomed by the trade. 1000 drivers had taken up the Scheme which allowed them to work for more than one operator. Overall, relationships had improved with the Hackney Carriage and Private Hire (HC/PH) trades and stakeholders. The following key issues were highlighted:

·  Low emission vehicles now made up 77% of the HC/PH fleet, and although the distance range for Electric Vehicles (EVs) remained an issue for drivers and operators, the trade was identifying and proposing vehicles for HC/PH use.

·  Over 4000 vehicle inspections had been undertaken during 2023, of those only 3 vehicles did not meet the required standards.

·  655 accidents involving HC/PH vehicles were reported in 2023, of those 228 required the team to carry out an inspection.

·  Work with LCC Integrated Digital Services (IDS) had implemented E-Forms for applicants to use on-line for renewal and new licence applications.

·  The vehicle conditions review had been completed and the consultation and engagement with different user groups had been successful. 1756 completed the on-line consultation. The Committee would receive a report in due course which would have regard to the Guidance issued by Government at the end of 2023.

The Operations Manager provided the following information:

·  Enforcement – Ten enforcement officers carried out vehicle patrols. 31 joint operations were undertaken during 2023 with 1642 roadside vehicle checks. 207 vehicles found to be in a dangerous condition were immediately suspended. 1225 Leeds vehicles were inspected during 2023. 417 vehicles licensed by other authorities but operating in Leeds were also inspected with the findings reported back to the relevant licensing authority. 31 licences were revoked and 1 licence was refused during 2023.

·  The Suitability Policy introduced in 2023 had been found to have an impact on the number of revocations – 9 licences were revoked for use of mobile phone whilst driving in 2023.

·  The number of complaints received had increased from 579 in 2022 to 722 in 2023. Of particular concern was the rise in complaints of a sexual nature – from 15 in 2022 to 35 in 2023 – and work had been done to review how the complaints were reported and progressed.

·  9 appeals against revocation were heard at Magistrates Court, 4 were dismissed, 2 withdrawn and 1 appeal was upheld which the Licensing Authority intends to appeal. 2 further appeals heard at Crown Court were dismissed.

The Chair thanked the TPHL team for their work during 2023, particularly in relation to the vehicle conditions review, the consultation undertaken and the engagement with the trade and stakeholders.

The Committee welcomed the improved relationship between the Section and trade which had resulted in a safer service, and discussed the following matters:

-  Complaints regarding HC/PH drivers use of mobile phones were often generated following the issue of a Fixed Penalty Notice by WYP or by members of the public. The amended Suitability Policy now addressed the use of mobile phones - should a driver use their mobile phone whilst driving, their licence could be revoked for 5 years.

-  Members welcomed the dialogue undertaken with stakeholders and communities and received assurance that face 2 face dialogue would continue alongside use of regular trade bulletins.

-  In response to comments regarding the time span of suspensions, the Committee heard that suspensions could have a financial impact on a driver who is unable to work. If the reported matter is serious, the Section would be reliant on other organisations to complete their reports, for example, if a case involved WYP the Section would have to wait for a criminal investigation to conclude.

-  In response to an anecdotal report that some drivers had said they would not work in Leeds, it was felt that these comments could have been made prior to implementation of the Pilot Schemes, which the trade had welcomed i.e vehicles can now be licensed up to 15 years, and the introduction of on-line forms which had simplified the licensing process for applicants.

-  Driver medical checks and the process of notification to the licensing authority by the DVLA once a GP had notified the DVLA that a driver should not be driving. It was noted that conditions of the licence require a driver to report when they are too unwell to drive.

-  In respect of the reduced number of applications for vehicle age extensions (down from 1737 in 2023 to 1156 in 2023), this was due in part to an increase (by 400) in the number of drivers/operators purchasing new hybrid vehicles, particularly since Bradford introduced a Clean Air Zone.

-  The impact of city centre highways works and access of the trade. It was noted that these issues were often discussed at the HC/PH forum meetings and feedback was provided to LCC Highways.

-  The number of female HC/PH drivers and whether there were any measures available to encourage more female drivers in the trade. Members noted the Section was aware of the low numbers and some of the barriers to uptake, and work had been done to provide female only training, however there was an opportunity to work Jobs & Skills and the Communities team to further encourage take-up.

In conclusion, the Chair and the Committee thanked officers for their work during the 2023 reporting period. The Chair also passed on the thanks expressed by the representatives of the HC/PH trade in attendance at the meeting to officers of the TPHL Section.

RESOLVED –

a)  To note the contents of the Licensing Annual Report 2023 and the discussions held by Committee.

b)  To note that the Annual Report 2023 will be submitted to full Council on 20^th March 2024.