Agenda and minutes

County Councillor B. Strong was elected as Chair of the committee.

County Councillor J. Higginson was elected as Vice Chair of the committee.

County Councillor Frances Taylor.

None received.

The minutes of the previous meeting were agreed by the committee and signed by the Chair.

Context

To consider the approach to be adopted by Monmouthshire County Council with regard to casino premises applications within the County prior to submission to Full Council.

To consider the proposed ‘Draft Statement of Gambling Policy 2019’ prior to submission to Full Council.

Key Issues

Each Local Authority, under the provisions of Section 154 of the Gambling Act 2005, must issue a policy which will determine how they will discharge their functions. The current policy held by this Authority under the Gambling Act was approved at Full Council on 19th November 2015. There is a duty to review the policy every three years.

The new policy will be required to commence on 31st January 2019, in accordance with the Act. This report sets out the procedure and proposed policy statement, in particular the principle regarding casinos, prior to consideration at Full Council.

The Council will need to consider firstly if they wish to continue with the resolution not to have a casino within the County. The decision on this will then be inserted into the revised Gambling Policy that will be published on 31st January 2019.

140 casinos were permitted across the UK, to continue to operate under grandfather rights when the Gambling Act came into force on 1st September 2007. Central Government upon the advice of the Casino Advisory Panel permitted a further 8 large and 8 small casinos, which have all been duly issued. There is currently no further provision for more casinos to be allocated. However, the Council still need to consider the course of action they wish to take with casinos and place this within the Gambling

Policy should one of the 8 large or 8 small casinos become available or if Government changes their stance on casinos and increase the permitted numbers.

Before any licence for a Casino is granted the Casino Advisory Panel will advise Central Government that the area is in need of regeneration and Monmouthshire would have to satisfy them that this is the case along with the type of area, social impact, community benefits and unique characteristics. However, before a decision is made to go against the current stance not to have casinos within the County, Members should be aware of the ‘Chief Medical Officer for Wales Annual Report 2016-2017 – Gambling with our

health’ http://gov.wales/topics/health/professionals/cmo/reports/?lang=en and their concerns relating to Gambling which is referred to in the Future Generation report.

With regards to the Policy and how the Council will discharge their functions. The Policy must contain objectives regarding the following;

 preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime,

 Ensuring that gambling is conducted in a fair and open way, and

 Protecting children and other vulnerable persons from being harmed or exploited by gambling.

The Council will also need to have regard to any relevant code of practice issued by the Secretary of State, guidance issued by the Gambling Commission, how they exercise their functions consistent  ...  view the full minutes text for item 6.

Context

To approve new MCC Taxi and Private Hire Policy 2018 and consider new safety measures for licensed vehicles.

Key Issues

The following proposals to amend the existing Taxi and Private Hire Policy and Conditions 2016, following either information received or as a result of legal changes.

Section 6 - Principles when considering applications and reviews of existing licences

The overriding aim of any Licensing Authority when carrying out its functions relating to the licensing of Hackney or Private Drivers, Vehicle Proprietors and Operators, must be the protection of the public and others who use (or can be affected by) Hackney carriage and Private Hire services. A person must satisfy the authority that they are a fit and proper person to hold a licence and each case will always be considered on its own merit. It is the final part of the process of an application when the decision is made, whether by the Licensing and Regulatory Committee or an officer under a Scheme of Delegation. It involves a detailed examination of their entire character in order to make a judgement as to their fitness and propriety.

It was recognised that there was disparity between Authorities on how they assess licences. As such the Institute of Licensing produced the Guidance on determining the suitability of applicants and licensees in the hackney and private trades, this was published in April 2018, with a recommendation for Authorities to adopt. The guidance was carried out working in partnership with the Local Government Association (LGA), Lawyers in Local Government (LLG) and the National Association of Licensing and Enforcement Officers (NALEO), following widespread consultation including, Councillors, Licensing Officers, Lawyers, the Hackney Carriage and Private Hire Trades, Academics, the Probation Service and the Police.

It is recommended that this Authority adopts this guidance within its revised

proposed Taxi and Private Hire Policy and Conditions 2018 as attached as Appendix 1.

The main changes are the timescales for dealing with information received, it

contains no detailed list of offences. All offences are allocated to a general category such as ‘dishonesty’ or ‘drugs’. This prevents it being argued that a specific offence is not covered by the Policy as it ‘is not on the list’ and also prevents arguments that a firearm is more serious than a knife and should lead to differentiation. In each case, appropriate weight should be given to the evidence provided.

Appendix A and N - Right to work requirements

The Immigration Act 2016 amended existing licensing regimes in the UK to seek to prevent illegal working in the private hire vehicle and hackney carriage sector, with effect from 1 December 2016. The provisions in the 2016 Act prohibit all licensing authorities across the UK from issuing to anyone who is disqualified by reason of their immigration status and they discharge this duty by conducting immigration checks. As such the policy, will be required to change in Appendix A and N, in order to accommodate this legislation. The changes required are highlighted in red  ...  view the full minutes text for item 7.