In accordance with Section 100B(4) of the Local Government Act 1972, the Chairman agreed to accept the following urgent matters, Business and Planning Act 2020 (as amended) Scheme of Delegation, Sexual Entertainment Fees and Gambling Fees which had now been circulated had missed the statutory despatch deadline.

The matters were urgent as the Business and Planning Act 2020 (as amended) Scheme of Delegation was a reference to Council, and any delay could impact decisions being taken in a timely manner. The Sexual Entertainment Fees and Gambling Fees were required to be in place by 1 April 2025 and so could not reasonably wait until the next meeting of Licensing Committee as the fees and processes would need to be communicated in advance. 

The urgent items were taken under agenda item 8  -Sexual Entertainment Licensing Fees, item 9 – Gambling Act 2005: Licence Fees from April 2025 and item 10 – Business and Planning Act 20220 (as amended) – Scheme of Delegation.

At 7:05pm the Chairman adjourned the meeting to allow Members time to consider the urgent items.

At 7.30pm the meeting reconvened.

To agree the Minutes of the meeting of the Committee held on 12 September 2024, as a correct record.

To agree the Minutes of the Licensing Hearings held on 15 February 2024, 8 March 2024 (to follow), 26 April 2024, 10 May 2024, 8 July 2024 (10.30am and 2pm to follow), 31 July 2024, 23 October 2024, and 4 December 2024 (to follow) as correct records.

Resolved: That

a)      the Minutes of the Committee meeting held 12 September 2024 be approved, and signed by the Chairman as a correct record.

b)      the Minutes of the Licensing Hearing Held on 15 February 2024, 26 April 2024, 10 May 2024, 8 July 2024, 31 July 2024, 23 October 2024, and 28 November be approved, and signed by the Chairman as a correct record.

c)      the Minutes of the Licensing Hearing held on 8 March 2024, be approved and signed by the Chairman as a correct record, subject to Cllr Waterton’s attendance being listed as a Sub-Committee Member.

Any interests not already registered

There were none.

There were none.

The Head of the Licensing Partnership presented the report which detailed that the current Licensing Policy would expire at the end of March 2025 and a new Licensing Policy was required from 1 April 2025. The Council was required by legislation to publish a Licensing Policy (the policy) which was to be reviewed every five years. The policy set out how the Council’s responsibilities under the Licensing Act 2003 would be carried out and administered by the Council as the Licensing Authority. The policy had been amended to include a policy for spiking awareness. A six-week public consultation had been undertaken on the revised policy and the Council had not received any feedback.

Members asked questions regarding differences between the District Council’s policy and policies of other councils within the Licensing Partnership. The Head of the Licensing Partnership explained that all Councils had their own policies but they would be similar to the policy held by the District Council. Differences would occur with London partner authorities which would have cumulative impact areas.

Resolved: That the revised Statement of Licensing Policy be adopted as from 1 April 2025.

The Head of the Licensing Partnership presented the report and appendix which set out the Council’s Statement of Gambling Principles which the Council was required to publish every three years. No feedback had been received from the 6-week consultation period. The revised policy contained minor changes and updated the Bingo Premises machine provisions.

Members discussed the report.

Resolved: That it be recommended to Council that the revised Statement of Gambling Principles be adopted.

The Head of the Licensing Partnership presented the report which sought approval from the Committee to consult for a six week period on the Council’s existing policy on the Licensing of Sex Shops, Sex Cinemas and Sexual Entertainment Venues.  The policy set out how the Council would exercise and administer applications under the policy for Sex Shops, Sex Cinemas and Sexual Entertainment Venues submitted under the Local Government (Miscellaneous Provisions) Act 1982 (as amended by The Policing and Crime Act 2009).

Members discussed the report. In response to questions the Head of Licensing Partnership confirmed they would review the numbering within the policy and seek to amend this where required.

Resolved: That a six week consultation on the Council’s existing Policy in respect of the Licensing of Sex Shops, Sex Cinemas and Sexual Entertainment Venues, be approved.

The Head of the Licensing Partnership presented the report which confirmed one response had been received from the public consultation and this could be found in the supplementary agenda.

Members asked questions with a focus on previous increases in fees. The Head of Licensing Partnership confirmed there had been no significant increase in the year 2023-2024, only incorrect fee’s had been tweaked. However there were larger increases two years prior.

It was highlighted that the fee’s cover Council costs and were not intended to make a profit. The Head of the Licensing Partnership confirmed they had an open dialog with drivers and seek their opinions when procedural changes had been proposed.

Resolved: That the proposed fees and charges as set out below be adopted with effect from 1 April 2025.

FEES FOR HACKNEY CARRIAGE AND PRIVATE HIRE LICENSING

Hackney Carriage Driver Licence

Dual Driver Licence

Hackney Carriage Vehicle Licence

Private Hire Operator Licence

Private Hire Driver Licence

Private Hire Vehicle Licence

Additional Costs

The Head of the Licensing Partnership presented the report which set out that the level of fees and charges for a Sexual Entertainment Licence as part of Council’s annual review of fees. The Council must seek to recover the costs associated with processing applications for licences as well as the administration and monitoring of compliance with conditions. The fees were increased by 3.5%.

Members discussed the report.

Resolved: That the level of licensing fees and charges set out below, be approved to take effect from the 1 April 2025.

The Head of the Licensing Partnership presented the report, which set out the proposed levels of fees and charges for gambling licences for 2024-25. The fees ensured that the Council complied with its statutory duty and ensured that the Gambling Licensing service remained self-financing. The fees had been increased in line with inflation where possible; some fees had reached their maximum limits.

Members discussed the report.

Resolved: That the level of fees and charges set out below, be approved to take effect from 1 April 2025.

SEVENOAKS DISTRICT COUNCIL: GAMBLING ACT 2005 – FEES From April 2025

The proposed new fees are shown in bold type in the tables below. Those cells that are shaded in the body of the table are where we have reached the maximum level of fee that can be set.

*FECs = Family Entertainment Centres
** TUN – Temporary Use Notice

The Head of the Licensing Partnership presented the report which set out the Scheme of Delegated Authority which would allow officers to carry out the statutory functions of pavement licensing under the Business and Planning Act 2020 (as amended).

In response to questions, the Head of the Licensing Partnership explained that licences could last for a maximum of two years. Once a Licence had been granted, officers would need to carry out checks on premises to ensure they were complying with the terms of the licence issued. Licences had been issued to a small number of businesses in the District due to the topography and street scene. She highlighted that negotiations took place during the application process to ensure the process was fair for all businesses.

Resolved: That it be recommended to Council that delegated authority be granted to the Deputy Chief Executive and Chief Officer Planning & Regulatory Services to carry out the statutory functions of pavement licensing under the Business and Planning Act 2020 (as amended).

The Work Plan was noted, with the following additions:

July 2025:

·         Consultation outcome for Sex Establishments Policy