Agenda item

Ian Leete, Advisor, highlighted that in October, following concerted LGA lobbying, the government has announced that it would drop the proposal to allow anyone to drive a private hire vehicle when it was ‘off-duty’.  This deregulation measure had been controversial as it could potentially increase public safety risks and was inappropriate in view of the use of private hire vehicles in CSE cases. 

The LGA had also successfully pushed for Home Office guidance on transitional procedures around the renewal of personal licences. The need to renew is due to be scrapped by the Deregulation Bill, but this will not come into effect before the first renewals are due. Following early sight of the draft guidance, the LGA was able to help redraft the guidance to more effectively address the issues being raised by our members and the alcohol industry.  

The Board also noted a consultation on the introduction of Community and Ancillary Sales Notices (CANs), which are also part of the Deregulation Bill. Several member councils had expressed concern that these notices would prove unworkable following the publication of more detailed proposals for their implementation. In light of this additional information, the Board agreed that the LGA should ask the Home Office to reconsider these proposals, although the basic principle of simplifying licensing for businesses is still supported. The Board were particularly concerned that the new CAN should not replicate the problems associated with Temporary Event Notices (TENs).

The Board noted that, following approval at the previous meeting, officers were working with the LGA’s legal team and appointed counsel to develop a short witness statement to form a written submission on behalf of the LGA to the Hemming v Westminster case when it returned to the Supreme Court in January 2015.  To support this a survey on costs of compliance and enforcement activity by local authority licencing teams was undertaken in October. 

Ellie Greenwood, Senior Advisor, updated the Board on ‘Reducing the Strength’ schemes.  The LGA had worked with colleagues in public health to develop good practice for councils who were considering implementing a such a scheme.  Councils would have to reach their own decisions on whether a scheme was necessary in their area based on local circumstances, and would be able to design them in a way which would be the most effective. Officers also drew the attention of the Board to concerns expressed by industry, including potential legal risks. The National Association of Cider Makers had suggested that by publishing guidance the LGA would be liable for claims for damages under competition law.  The LGA view, supported by legal advice, was that the industry opinion had misinterpreted the status of the LGA, and therefore guidance on the issue should be published.  The Board supported this view. 

Actions:

That the LGA responds to the consultation on CANs to express the concerns of members.

Guidance on ‘Reducing the Strength’ schemes be published.

Decision:

Members noted the report.