Councillor P Tucker-Brown substituted for Councillor D Clarke.

To confirm and sign as a correct record the minutes of the meeting held on 18 September 2024 (Appendix A).

The Minutes of the meeting of the Committee held on 18 September 2024 were confirmed and signed as a correct record.

There were no apologies for absence, noting the substitution to the Committee Membership.

Members are invited to declare any disclosable pecuniary interests or other registrable and non-registrable interests in items on the agenda.

There were no declarations on interest.

The Committee’s approval was sought for the proposed fees and charges for the services that fell within the remit of the Regulatory Committee.

In line with the direction of colleagues in Finance, where possible, fees had been set at full cost recovery, noting that it was important to balance the needs of service users, and remain competitive and affordable.  However, in the case of Hackney Carriage and Private Hire Licensing the authority could only recover the cost of issue, administration and in the case of drivers, compliance.  Therefore, the running deficit for Taxi Licensing was estimated to be £90,250 for 2025/26.  The Committee agreed this was disappointing but that it would be unsustainable to increase the fees to such a level that could not be borne by the Trade.  Members were also mindful of the case of Hemmings and Others V Westminster City Council which had prompted the fee setting structure adopted by the Council in 2014.

Officers reported that to reflect the free availability of the drivers’ information packs on line, it was proposed to remove the current charge of £25.  It was proposed to increase the charge for the Knowledge Test to reflect Officer time engaged in the 4^th element of the Knowledge Test for Hackney Carriage Drivers which was route testing.  The Knowledge Test was undertaken in person which gave Officers an additional reassurance about drivers being ‘fit and proper’, and competent in oral and written English.

Members recalled that the retrospective fee charged to the authority for the taxi ranks at the stations operated by South Western Railways (SWR), had increased from £5,000 to £6,600.  This would be recouped from the drivers in the 2025/26 fees.  However, this would be a saving going forwards as SWR had taken back management of the ranks and would in future be contracting directly with the drivers who wanted to use their ranks.

In respect of other fees and charges it was noted that Gambling licence fees and charges were set by statute, and the estimated deficit for 2025/26 was £12,900.

Officers proposed that where there was greater discretion higher increases were justified.  These included the initial fee for an application for a sex establishment, whilst lowering the annual maintenance fee, and increasing the fee for a film licensing certificate issued by the authority as opposed to those granted by the British Board of Film Classification.  It was acknowledged that both these sets of fees and charges were rarely used.

In approving the proposed fees and charges the Committee gave weight to the rationale of trying to recover the cost of running services whilst keeping fees and charges reasonable and proportionate.

Resolved that –

The proposed fees and charges as set out in Appendix A to the report, be approved, to be effective from the dates within the appendix, or as soon as practical thereafter

The Committee’s approval was sought to undertake a public consultation on the proposed revised Statement of Gambling Policy for 2025 – 2028.

Members were pleased to be presented with a copy of the policy document showing tracked changes as this clearly showed amendments, additions, and deletions.

In the main, Officers advised that substantial reliance had been made on the Guidance issued by the Gambling Commission in order to update policy as set out in the report.  In addition, Officers had taken into account local demographics and welcomed feedback on any particular areas of concern from the public, statutory and non-statutory consultees. 

Members agreed that whilst much of the policy was stipulated, the local area risk assessment was an integral part of the process.  It was especially important to take into account the views and experiences of local organisations devoted to helping people that could be adversely affected by Gambling.  An Equality Impact Screening Assessment had been reviewed and updated accordingly, focussing on how the authority sought to protect children and vulnerable adults.

Reference was also made to the review of the Gambling Act 2005 under the previous Government, the result of which introduced new requirements around age verification test purchasing aimed to complement the existing controls to prevent under age gambling.  Members were advised that there was a joint regulatory regime between local authorities that issued the premises licences and permits and the Gambling Commission who were responsible for personal licences and operators licences.

Officers were asked to confirm the list of consultees in respect of local public and mental health teams and to include the North West Surrey Alliance in the public consultation exercise.

The Committee was supportive of the revised policy which was approved for a public consultation to last 8 weeks.

Resolved that –

i)          the revised Statement of Gambling Policy be approved for public consultation; and

ii)         the results of the consultation be brought back to this Committee for further discussion in January 2025, with a view to approval of the policy accordingly

There were no exempt or confidential items on the agenda.