Agenda item

Licensing Act 2003: Enforcement Report on Licensing Matters

This report presents the local authority enforcement report on licensing matters to the Licensing and Safety Committee for Members’ questions and comments. 

Minutes:

Discussion:

 

The Licensing and Local Land Charges Manager submitted a report that updated Members on licensing enforcement matters from April 2010 to March 2011.

 

The Senior Licensing and Enforcement Officer detailed the contents of the report advising Members of the key points, which included:

·        the rising number of empty/derelict licensed premises where officers were unable to find the licence holder in order for the licence to be surrendered.

·        the high turnover of designated premises supervisors which made it difficult to maintain good working practices

·        findings of non-compliance with a variety of legislation by Members’ Clubs and the use of officer visits to educate club management

·        on-the-job training provided by the Gambling Commission, instances of illegal gambling and action taken against gaming machine operators providing illegal machines in Medway

·        details of the action undertaken in relation to private hire vehicles that were transporting vulnerable people to schools in Medway

·        enforcement administration and the benefits of using officer reports to inform premises of the outcome of visits and the measures required to rectify issues within a set timetable

·        the complaints procedure and the request for the public to make formal complaints about breaches in licensing legislation in writing, which facilitated the complaint process and had reduced the number of malicious allegations

·        details of pro-active enforcement activity, such as visits to licensed premises in partnership with other agencies

·        partnership working generally and the support provided to a number of police and licensing operations throughout the year.

 

Members discussed the contents of the report and the Senior Licensing and Enforcement Officer responded to questions raised. This included confirmation that CRB checks were undertaken as part of the private hire and hackney carriage licensing process, clarification as to the licensing of outside drinking areas and that common gambling offences at pubs and clubs related to the lack of controls on games, particularly those that had a roll-over element.

 

Members were also assured that when officers contacted Members’ clubs anonymously in 2009/10, to test compliance with licensing legislation, that this was purely an intelligence gathering exercise and no enforcement action was taken at the time. The Senior Licensing and Enforcement Officer undertook to provide copies of the mail shots issued to Members’ clubs providing updates on legislation.

 

In relation to enforcement activity, Members discussed the remit of the licensing team, the police and environmental health; such as dealing with instances of erratic driving by taxi drivers and complaints about scrap metal. The Senior Licensing and Enforcement Officer gave details of how the licensing team worked with other partners such as the UK Border Agency.

 

Members questioned the purpose and requirements for Medway’s taxi fleet to have a fire extinguisher in vehicles. It was explained that the specifications and location had been recommended and approved by a Fire Protection Agency in consultation with the Medway Licensed Taxi Driver’s Association. Officers undertook to clarify the specification relating to fire extinguishers with the appropriate fire authorities and inform Members as to the findings.

 

Decision:

 

The Licensing and Safety Committee noted the enforcement report and congratulated officers on the work set out in the report.

Supporting documents: