Public reports pack 18032015 1900 Licensing Committee

Satish Mistry

Executive Head of Governance

www.guildford.gov.uk

Contact Officer:

James Dearling, Committee Manager. Tel:

01483 444141

10 March 2015

Dear Councillor,

Your attendance is requested at a meeting of the LICENSING COMMITTEE to be held in the Council Chamber - Millmead House on WEDNESDAY, 18 MARCH 2015 at 7.00 pm.

Yours faithfully,

Satish Mistry

Executive Head of Governance

MEMBERS OF THE COMMITTEE

Chairman: Councillor Graham Ellwood

Vice-Chairman: Councillor Nikki Nelson-Smith (The Deputy Mayor)

Councillor David Elms, The Mayor 2014-15 Councillor Anne Meredith

Councillor Gordon Jackson Councillor Marsha Moseley

Councillor Jennifer Jordan Councillor Terence Patrick

Councillor Tony Phillips Councillor David Goodwin

Councillor Philip Hooper Councillor Keith Taylor

Councillor Gillian Harwood Councillor David Wright

Councillor Christian Gilliam

QUORUM 5

WEBCASTING NOTICE

This meeting will be recorded for live and/or subsequent broadcast on the Council’s website. The whole of the meeting will be recorded, except where there are confidential or exempt items, and the footage will be on the website for six months.

If you make a representation to the meeting you will be deemed to have consented to being recorded. By entering the Council Chamber, you are also consenting to being recorded and to the possible use of those images and sound recordings for webcasting and/or training purposes.

If you have any queries regarding webcasting of meetings, please contact Committee Services on 01483 444102.

[[Image:]][[Image:]]Guildford Borough Council

Millmead House, Millmead, Guildford, Surrey GU2 4BB

A G E N D A

1 APOLOGIES FOR ABSENCE

2 LOCAL CODE OF CONDUCT – DISCLOSABLE PECUNIARY INTERESTS

In accordance with the revised local Code of Conduct, a councillor is required to disclose at the meeting any Disclosable Pecuniary Interest (DPI) that they may have in respect of any matter for consideration on this agenda. Any councillor with a DPI must not participate in any discussion or vote regarding that matter and they must also withdraw from the meeting immediately before consideration of the matter.

If that DPI has not been registered, you must notify the Monitoring Officer of the details of the DPI within 28 days of the date of the meeting.

3 MINUTES (Pages 1 - 2)

To confirm the minutes of the meeting of the Licensing Committee held on 14 January 2015.

4 HACKNEY CARRIAGE AND PRIVATE HIRE POLICY (Pages 3 - 194)

To consider consultation results and make recommendations to Council on the adoption of the policy.

5 LICENSING OF SEX ESTABLISHMENTS - STATEMENT OF LICENSING POLICY: CONSULTATION RESULTS (Pages 195 - 308)

To consider consultation results and make recommendations to Council on the adoption of the policy.

6 STATEMENT OF LICENSING POLICY - LICENSING ACT 2003: DRAFT POLICY (Pages 309 - 342)

To consider approving the draft policy for public consultation. 

7 LICENSING COMMITTEE WORK PROGRAMME (Pages 343 - 348)

To consider the Committee’s work programme for the period 2015-16. 

PLEASE CONTACT US TO REQUEST THIS DOCUMENT IN AN ALTERNATIVE FORMAT

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Agenda item number: 3

LICENSING COMMITTEE

14 January 2015

*Councillor Graham Ellwood - Chairman *The Deputy Mayor, Councillor Nikki Nelson-Smith – Vice-Chairman

The Mayor, Councillor David Elms *Councillor Anne Meredith 

Councillor Christian Gilliam	*Councillor Marsha Moseley
*Councillor David Goodwin	Councillor Terence Patrick
*Councillor Gillian Harwood	*Councillor Tony Phillips
Councillor Philip Hooper	*Councillor Keith Taylor
Councillor Gordon Jackson	*Councillor David Wright
*Councillor Jennifer Jordan	*Present

Councillor Paul Spooner, Lead Councillor for Licensing and Governance, was also in attendance.

L20 - APOLOGIES FOR ABSENCE

Apologies were submitted on behalf of Councillors Philip Hooper, Gordon Jackson, and Terence Patrick.

L21 - LOCAL CODE OF CONDUCT – DISCLOSURE OF INTERESTS

There were no disclosures.

L22 - MINUTES

The minutes of the meeting of the Licensing Committee held on 19 November 2014 were confirmed and signed.

L23 – UNMET DEMAND SURVEY – TAXI VEHICLES

The Committee received a report seeking approval for Licensing Services to conduct an unmet demand survey. The Environmental Health Manager indicated that the survey results would help determine whether there is evidence to support the introduction of a limit on the number of licensed taxi vehicles. The Committee was advised that the issue of limiting the number of taxi vehicles had been raised a number of times in responses to the ongoing consultation on the draft taxi and private hire licensing policy and also at a recent Taxi Advisory Group meeting.

The Committee was advised that there were no financial implications for the Council as a result of conducting the survey because survey costs would be recovered within the license fees.

Members discussed the merits and drawbacks of undertaking an unmet demand survey and of introducing a limit on the number of taxi vehicles. During discussion, a number of points were raised and clarifications provided:

• With reference to previous unmet demand surveys and the Council’s removal of the cap on the number of licensed taxis in 2004 – and the ensuing increase in taxi numbers – members questioned the value of information from such surveys.

• With reference to the introduction of a number limit on taxi vehicles, members discussed the possible consequences of a trade in taxi vehicle licences due to the fact that the existing licences would acquire a value.

• Members discussed the value in undertaking an unmet demand survey to help establish a robust evidence base to inform subsequent decisions on the issue of a limit on the

Page 1

Agenda item number: 3

number of taxis. The Committee was advised that the survey would provide evidence concerning any unmet need in respect of wheelchair accessible taxi vehicles.

• The Committee was advised that the Environmental Health Manager had attended Guildford’s Access Group and that the Group would be submitting a response to the consultation on the Council’s draft taxi and private hire licensing policy.

• In response to requests from members, the Environmental Health Manager indicated that the questionnaire and methodology of the survey could be shared with Committee members.

• In response to questions, the Environmental Health Manager agreed to provide Committee members with information on authorities that had recently either removed or introduced restrictions on the number of taxi vehicle licences.

• Members questioned the impact on the taxi trade of the taxi service app Uber.

• The Lead Councillor for Licensing and Governance indicated that the results from the unmet demand survey would be reported to the Committee meeting at its meeting on 18 March 2015.

RESOLVED: That the proposal for Licensing Services to conduct an unmet demand survey be approved.

L24 – LICENSING COMMITTEE WORK PROGRAMME

The Committee received and noted its work programme.

(The meeting concluded at 7.25 p.m.)

Chairman

18 March 2015

Page 2

Licensing Committee Report

Report of Head of Health and Community Care Services

Author: John Martin

Tel: 01483 444380

Email: john.martin@guildford.gov.uk

Lead Councillor responsible: Paul Spooner

Tel: 01252 341666

Email: paul.spooner@guildford.gov.uk Date: 18 March 2015

Hackney Carriage and Private Hire Policy

Executive Summary This report details the consultation process and feedback received in respect of the draft Hackney Carriage and Private Hire Policy, makes recommendations for key changes to the policy, and considers the cost benefit of these changes. The Policy is important as it sets out the public safety standards we require, and these form the framework by which we undertake our statutory responsibilities in respect of hackney carriage and private hire vehicle licensing. These are particularly important in light of the findings of the report into child sexual exploitation in Rotherham. The key changes proposed are: the adoption of a Guildford livery for hackney carriage vehicles. a more in depth training and assessment for drivers. removal of the requirement for all new vehicles to be wheelchair accessible. encouraging the provision of wheelchair accessible vehicles through financial incentives. The cost benefit of these measures is assessed and a revised policy is recommended. Recommendations The Committee is asked to: recommend to Council that the Hackney Carriage and Private Hire Policy be adopted. recommend to council the revised fees set out in paragraph 7.12 authorise the Head of Health and Community Care Services in consultation with the Lead Councillor for Licensing to make minor amendments to the policy as may be required from time to time.

iv. request the Executive to approve additional expenditure of £87,560 and reduced income of £16,500 in 2015-16, to be financed from the expected General Fund underspend in 2014-15, or by supplementary estimate if this is not possible

Reason(s) for Recommendation:

To enable the taxi and private hire licensing service to be delivered.

1. Purpose of Report

1.1 The purpose of this report is to set out the responses received to the public consultation and to recommend a revised Hackney Carriage and Private Hire Policy for adoption.

2. Strategic Framework

2.1 This policy document sets out the standards we require of drivers and vehicles and the way we will undertake our statutory responsibilities for hackney carriage and private hire vehicle licensing.

2.2 The conclusions of the Casey report on Rotherham Metropolitan Borough Council following Professors Jay’s inquiry into child sexual exploitation in the borough emphasise how important licensing policy is in providing safeguards to protect public safety.

2.3 It emphasised the need for safety to be the uppermost concern of any licensing and enforcement regime when determining policy, setting standards and deciding how they are enforced.

2.4 The inspectors uncovered serious weaknesses and concerns and judged that Rotherham had not taken sufficient steps to ensure that only fit and proper persons were permitted to hold a taxi licence and, therefore, could not provide assurances that the public including vulnerable people were safe.

2.5 The aim of the changes to this Policy is to protect public safety by improving standards and helping to professionalise the trade.

2.6 Adoption of the policy will contribute to the delivery of the Council’s strategic objectives of Infrastructure, Economy and Society.

3. Background

3.1 The Licensing Committee of 16 July 2014 approved a draft Hackney Carriage and Private Hire Policy for public consultation.

3.2 The draft policy took into account workshop feedback from taxi trade and the key issues raised by them.

3.3 A wide range of consultation took place between October 2014 and 6 February 2015 and included:

Public consultation through an on-line questionnaire on the Councils website (Appendix 1)

Independently facilitated consultation groups attended by the trade

Citizens panel consultation

Hard copy questionnaires

Unmet demand survey

3.4 We received responses from 488 individuals including 336 residents.

3.5 Feedback from the consultation is summarised in a report from Social and Market Strategic Research (SMSR) set out at Appendix 2.

3.6 The consultation focused on the following key areas, which were set out in the report of 16 July:

Drivers training

Vehicles appearance and standards:

Taxi numbers

Wheelchair accessibility requirements

3.7 An unmet demand survey took place in February/March 2015 and the results of this are set out in Appendix 3.

4. Driver training

4.1 Drivers currently take two written/multiple choice examination papers that test knowledge of the byelaws and highway code together with local knowledge of routes to addresses within the Borough. This is administered internally, the invigilation and paper marking consumes considerable officer time and does not help to drive up standards in terms of spoken English and customer care.

4.2 We are seeking to professionalise our drivers whilst using a more effective training tool and therefore propose to replace the current system. In future drivers will need to attend a three day training session which is run by an external company. This will provide training in customer care, highway

and vehicle law, highway code, byelaws, and taxi legislation. Successful candidates will achieve a recognised qualification at level 2.

4.3 They will also need to take a local knowledge test and we have been working with an external company to develop appropriate question papers which will be taken to assess local knowledge. As the drivers will complete these using a desktop computer, the result will be available immediately and the cost will be significantly reduced.

4.4 There is a cost for the threeday course, although this is funded by central government where the person has not already achieved a level 2 NVQ or equivalent. For those that have already achieved above this level of education, we propose that the Council fund existing drivers to take the test, but any new driver applicants will be asked to pay for their test.

4.5 We propose that new applicants will need to pass these tests once the policy is adopted. Existing drivers will be given a period of 18 months in which to pass the tests, after which their licence will be revoked if they haven’t reached the pass standard.

4. Vehicle appearance

5.1 We are proposing the introduction of a uniform livery for all taxis (hackney carriage vehicles) to differentiate them clearly from private hire vehicles.

5.2 A number of other Local Authorities such as Brighton, Bournemouth, and Leeds have chosen to adopt a local livery in the interests of public safety and to provide a strong local identity.

5.3 The benefits of this are that it:

Improves Identification: Vehicles are clearly identifiable as a taxi

Safety/security: Customers can be confident that the taxi is properly licensed and meets the necessary safety standards. This is particularly important to women and to vulnerable clients.

Increases trade: It can improve customer confidence and customers are happier to hail a liveried taxi rather than take a chance on an un-liveried one.

Creates Local identity/brand: A local livery creates a strong local identity, which in the case of cities like London and New York becomes one that is recognized across the world.

Helps professionalise the service: A local livery coupled with clear driver training and vehicle standards helps to create a more professional service.

Enables easier enforcement: Hackney carriage drivers raise regular concern about the loss of trade to alleged touting by private hire vehicles and to hackney carriage vehicles licensed by other Boroughs. A clear and identifiable livery makes enforcement much easier.

5.4 The disadvantages are primarily:

The cost: The livery is best achieved by ‘wrapping’ the car with the new colour and any logos. A typical cost for this is around £750, although this will last the effective life of the vehicle. The wrap can be removed which then enables the car to be sold or used in its original colour scheme and protects the paintwork of the vehicle in the interim.

Private use of vehicles: Some drivers use their vehicle for private use and do not like having their vehicle identified as a taxi when they do so.

Issues for consideration

5.5 There are four issues for consideration, namely, whether a Guildford livery should be adopted, if so what it should be, over what period should it be introduced, what is the cost and who should pay for existing vehicles.

5.6 The primary reason for adopting a livery is to protect public safety.

5.7 The public are strongly in favour of adopting a Guildford livery (84%), whereas drivers are generally opposed. The Guildford Hackney Association (GHA) has written to notify us that they will seek a judicial review if the Council decides to adopt a local livery.

5.8 A large majority of the public are in favour and this support, together with the other benefits set out above, provide strong reasons for adopting a Guildford livery. The Policy is written on the basis that a livery will be required and it is recommended that this be agreed. The only substantive ground to oppose a livery is the financial cost to drivers and this is discussed later in section 6.

5.9 If a livery is adopted, the next issue is what that should be. Respondents were asked to provide their preferences for a livery. The highest preferences were 59% for Guildford branding on the vehicle and 26.2% for a standard full car colour. The consultation feedback shows support for a full car colour and Guildford branding.

5.10 When asked about preferences, the most preferred for a full car colour were yellow (21.7%), black or other dark colour (16.7%) or teal to match the Councils logo (15%).

5.11 We have looked at the colours of the vehicles currently licensed and there are 9 different colours, black and silver being the most popular (51 each). Unfortunately, there are also 56 black and 153 silver private hire vehicles.

5.12 To make a livery distinctive and unique, it is suggested that the scheme should be unusual and not a mainstream colour. We have therefore looked at options to achieve this.

5.13 Some Boroughs have opted to have a livery where the bonnet and/or boot of the vehicle is a local colour. Whilst this is cheaper to achieve it is not necessarily visually very pleasing.

5.14 Preliminary designs for two full body options, both using the Guildford corporate colour Pantone 321, have been prepared. These are set out as examples in Appendix 4. The first uses a white vehicle with the inset printing in Pantone 321. The second reverses the colours but uses the same design.

5.15 The technical advice is that there would be no difference in the cost, as there is no standard white paint colour and so vehicles would need to be fully wrapped in order to ensure a uniform livery.

5.16 In terms of public safety, the white vehicle design would be easier to mimic whereas a pantone 321 would be more distinctive and unique both at night and daytime.

5.17 Taking into account the various factors it is suggested that the two livery designs shown at Appendix 4 be subject to a public on-line vote to select the livery we will adopt. Given the customer feedback we will also include a full yellow livery although this will not match with the Corporate logo. The livery colour finally agreed will then be included within the Policy.

5.17 There is then the question of the timescale for the introduction of a livery. Vehicles licensed after the commencement of the new policy will need to have the selected livery from the outset.

5.18 There are 165 hackney carriages currently licensed and they will need to change to the new livery. The cost of this is likely to be in the region of £750 per vehicle, giving a total cost of approximately £120,000.

5.19 There is a need to allow a reasonable period for existing vehicles to change to the livery.

5.20 Vehicle licences have to be renewed annually and on a practical basis it is suggested that 18 months is a reasonable time for full compliance for existing vehicles. This gives drivers time to plan the cost of complying, but achieves a livery compliant fleet within a sensible timescale.

5.21 For new applications, we would expect the vehicle to comply with the requirements from the date the new policy comes into force.

5.22 This leaves the issue of the cost of this change. The Council could assist existing drivers to achieve the change by contributing towards this cost. This would be unusual in that we do not normally provide financial assistance to subsidise business costs, however, given the circumstances it is an option that we should consider.

5.23 A revenue growth bid of £18,000 over the next four years was included as part of the 2015-16 business planning process to provide support to implement the scheme. Of this £3,000 was included in the 2015-16 estimates, and the remainder profiled over the following three years.. However, this was based on preliminary costings and would now fund approximately 15% of the overall cost. The envisaged timescale for compliance is also much shorter.

5.24 The following table indicates the cost at various levels of contribution.

	Option 1	Option 2	Option 3
Total cost	£123,750	£123,750	£123,750
Trade contribution towards total cost 0%	(£0)	-	-
Trade contribution towards total cost 25%	-	(£5,935)	-
Trade contribution towards total cost 50%	-	-	(£61,876)
Cost to the Council	£123,750	£117,815	£61,876

5.25 Officers recommend that the trade be asked to contribute 25% of the total cost, with the Council financing the rest (option 2). Given the short timescale for implementation (18 months) we expect that the majority of vehicles will be wrapped during 2015-16, with a cost to the Council of £90,560. The 2015-16 estimates included a growth bid of £3,000; there is therefore a shortfall of £87,560 in the 2015-16 estimates.

5.26 It is possible that we may be able to finance this shortfall from an expected overall underspend on the General Fund for 2014-15. This will be considered as part of the preparation of the 2014-15 accounts. If

financing from this source is not possible a supplementary estimate will be required.

1. Taxi Numbers

1. 1. In 2007, the Council removed a cap on the number of licensed hackney carriages and required any new vehicles to be wheelchair accessible. It also indicated, in light of central government policy, that it was likely that all vehicles may be required to be wheelchair accessible at some point in the future.

1. 1. The recent Law Commission review of Taxi Licensing concluded that decisions on taxi numbers be left to the discretion of Local Authorities.

1. 1. Taxi drivers are concerned about the number of licensed taxis in the Borough and the competition this creates, particularly set against the perception of touting by private hire drivers and vehicles from other Boroughs.

1. 1. Over the 8 years since the deregulation of taxi numbers, there has been an increase of 66 vehicles although most of this took place in the first three years and has slowed considerably.

1. 1. To provide evidence of unmet demand or over supply, Vector Transport Consultancy undertook an unmet demand survey on our behalf in February/ March 2015. The findings are set out in Appendix 5.

1. 1. The study concluded that there was some evidence of unmet demand, through the presence of passenger queues from time to time. However, this was periodic, rather than continuous, and was not sufficient to indicate the presence of significant unmet demand. Therefore, Vector concluded that there is no significant unmet demand.

1. 1. The question therefore is whether there are adequate reasons for the Council to re-introduce a cap on the number of licensed vehicles. Guildford is comparable to other similar Boroughs in terms of the number of vehicles per 1000 head of population.

1. 1. In light of the changes to be implemented as a result of the revised Policy, there is a need to provide an 18 month period of transition without major disruption. For that reason, it is suggested that an interim embargo limiting taxi numbers to 170 be adopted, and that the additional 5 new vehicle licences be restricted to new rather than existing operators.

6.8 It is proposed that an unmet demand survey be carried out in 18 month’s time so that the situation can be reviewed. The cost of the survey is recoverable within the taxi fees.

1. Wheelchair Accessible vehicles

1. 1. The recent Law Commission review of Taxi Licensing concluded that decisions on wheelchair accessibility be left to the discretion of Local Authorities.

1. 1. The current situation is that the first 99 taxi vehicle plates are used for saloon vehicles. All vehicles subsequently licensed, of which there are currently 66, must be wheelchair accessible.

1. 1. This creates a source of friction. Those who have to provide a wheelchair accessible vehicle feel that this is not a level playing field. They have to provide a vehicle which costs more to purchase and run, yet the number of customers requiring this is extremely small. There is wide agreement that customers overwhelmingly prefer to take a saloon rather than wheelchair accessible vehicle.

1. 1. Conversely, drivers with vehicle plates 1-99 are happy with the status quo because saloon vehicles are more in demand and there is potential value in transferring their vehicle plates to another driver.

1. 1. The unmet demand survey indicated that feedback received from elderly, disabled or mobility-impaired representatives suggested that services from Hackney Carriage vehicles generally met their requirements. Most users who rely on licensed vehicles have an existing relationship with a provider and they regularly use this provider.

1. 1. Only one wheel chair hire was observed during the four days of rank observation. The wheel chair user had to let several Hackney Carriages leave the rank as the vehicles at the head of the vehicle queue were unable to cope with the wheel chair. The nature of the rank configuration is such that it is not feasible for a wheel chair to access vehicles further back in the queue. The wheel chair user managed to board a Hackney Carriage after 10 minutes.

1. 1. In terms of wheelchair accessibility, there are three main options:

Status Quo

Fully accessible wheelchair accessible fleet

Remove requirement for wheelchair accessible vehicles but encourage provision through financial incentives.

1. 1. The current situation with an arbitrary part of the fleet wheelchair accessible and part not, is unsustainable. This situation needs correcting. Therefore maintaining the status quo is not a real option.

1. 1. Evidence from the unmet demand survey indicates that many people with disabilities prefer to travel in a saloon vehicle and the demand for wheelchair accessible journeys is low and mainly met by pre booked private hire companies.

1. 1. Whilst requiring all taxis to be wheelchair accessible would provide uniformity across the fleet, it does seem disproportionate given the cost of purchase and running such vehicles.

1. 1. It is proposed, that the requirement for all new taxis to be wheelchair accessible should be removed, but that financial incentives including through the fee system be used to encourage the provision of wheelchair accessible vehicles. This will need careful monitoring to ensure that operators continue to provide wheelchair accessible vehicles, and if numbers fall significantly then this requirement can be revisited.

1. 1. If this proposal is agreed officers will bring forward proposals setting out how this could best be achieved.

1. Financial Implications

Drivers’ knowledge tests

1. 1. We do not know how many existing drivers will receive central government funding to take their level 2 qualification although this is likely to be around two thirds (110). The cost to the Council of funding the remaining third will be approximately £16,500. There is an underspend of £4,000 for taxi maintenance in the 2014-15 budget and it is recommended that this be carried forward and added to the provision of £12,000 in 2015-16, which will then fund the cost of training.

Vehicles appearance

1. 1. If the Council funded 75% of livery for 165 vehicles it will cost £117,815, of which £3,000 was included as a growth bid in the 2015-16 estimates. Officers recommend that consideration is given to funding the shortfall (£114,815) from an expected overall underspend on the General Fund for 2014-15. This will be considered as part of the preparation of the 2014-15 accounts. If financing from this source is not possible, a supplementary estimate will be required.

Wheelchair accessibility

1. 1. Funding to encourage wheelchair accessible vehicles will be through reduced charges and will result in reduced income rather than new expenditure. The cost is likely to be £16,500 in 2015-16.

Summary

1. 1. The drivers’ knowledge test can be financed from existing resources within the Taxi Licensing service. However the costs of the vehicle appearance and wheelchair accessibility can’t. Officers therefore proposed that when closing the 2014-15 accounts, consideration is given to setting up a reserve of £134,315 (assuming that we contribute 75% of the wrapping costs). If this is not found to be possible a supplementary estimate will be required.

1. Legal Implications

1. 1. The basis for key changes within the policy is to protect public safety and to encourage a more professional service within the Borough.

1. 1. The current Taxi byelaws remain unchanged.

1. 1. There is no statutory requirement to have a Hackney carriage and private hire licensing policy, however it is good practice to do so. A policy assists with consistent decision making, however it is only a guide and each case must be considered on its own merits.

1. 1. The Local Government Act 2000 gives a local authority a general power to ‘do anything they consider is likely to achieve’ the promotion of the economic, social or environmental well being of their area.

1. 1. In relation to hackney carriage and private hire licensing there are specific powers contained in the Town Police Clauses Act 1847, Transport Act 1985 and Local Government (Miscellaneous Provisions) Act 1976.

1. 1. Section 37 of the Town Police Clauses Act 1847 (as amended by Section 16 of the Transport Act 1985) permits the Council to licence such number of hackney coaches or carriages of any kind or description adapted to the carriage of persons as they think fit.

1. 1. The Council is not required to limit hackney carriage numbers if it is satisfied that demand in the Borough is met, but the effect of Section 37 of the 1847 Act (as amended) is to forbid the Council from restricting the numbers for any reason other than that there is no significant unmet demand for hackney carriage services. A limit on numbers can be removed at any time provided relevant factors are considered.

1. 1. Section 3 of the Human Rights Act 1998 requires that, so far as possible, legislation must be read and given effect to in a way that is compatible with the Convention rights, and section 6 makes it unlawful for a public authority to act in a way which is incompatible with a Convention right.
   2. The Committee in making decisions must ensure that these factors are taken into account.

1. 1. As this is a Council Policy, the Committee is asked to recommend to the Council that it be adopted.

1. 1. There are potential equality implications arising from withdrawing the requirement to provide wheelchair accessible vehicles. An Equalities Impact screening assessment of all the changes proposed does not indicate issues that would necessitate a full assessment to be made. A copy of the assessment is available as a background document.

1. 1. The proposal has been discussed at the Guildford Access Group who are broadly supportive of the reasons for change. Together with the findings from the unmet demand survey, the commitment to review the situation on a regular basis and financial incentives to encourage provision of wheelchair accessible vehicles should ensure that any negative impact is minimised.

1. Human Resource Implications

1. 1. There are no human resource implications arising from these proposals.

1. Conclusion

1. 1. Adoption of the revised Policy and the measures within it will help to protect public safety and professionalise the taxi trade within the Borough

1. Background Papers

Guildford Borough Hackney Carriage and Private Hire Policy - approved 2007

Report of Professor Jay into Child Sexual Exploitation in Rotherham

Casey report into Rotherham Metropolitan Borough Council

Law Commission report 2014 – ‘Reforming the regulation of taxis and private hire vehicles’

1. Appendices

Appendix 1 Draft Hackney Carriage and Private Hire Licensing Policy Appendix 2 SMSR - consultation feedback report.

Appendix 3 Vector Transport Consultancy - Unmet demand survey 2015 Appendix 4 Preliminary designs for full car body livery.

I confirm that I have consulted with relevant Officers, where appropriate, in the following services:
Financial Services		YES / NO	Christine Davies
Legal and Democratic Services		YES / NO	Bridget Peplow
Human Resources		YES / NO	Lucy Marchington
PR and Marketing		YES / NO	Carolyn Patterson

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Taxi and private hire licensing policy

2014 - 2019

DOCUMENT INFORMATION

Origination/author: John Martin, Head of Health & Community Care Services

This document replaces: Hackney Carriage & Private Hire Licensing Policy 2011 Date/detail of consultation: 5 November 2014 – 6 February 2015

Date of Council approval: TBC

Last reviewed: TBC

Next review date: TBC

Page 17

Contents

ITEM		PAGE
1	Introduction	3
2	Principles	3
3	General application	4
4	Vehicle appearance	4
5	Advertising	6
6	Implementation and Review	7
	POLICY GUIDANCE
	Drivers Licences
Appendix 1	Drivers Licences: applications and renewals	8
Appendix 2	Relevance of convictions and cautions	12
Appendix 3	Standard Private Hire drivers licence conditions	16
	Vehicle Licences
Appendix 4	Vehicle licences: applications and renewals	18
Appendix 5	Specific Hackney Carriage vehicle licence conditions	22
Appendix 6	Standard Private Hire vehicle licence conditions	23
Appendix 7	Vehicle Specifications	24
	Private Hire Operators
Appendix 8	Private hire operators	32
Appendix 9	Standard private hire operator’s licence conditions	35
	Compliance
Appendix 10	Byelaws	36
Appendix 11	Compliance and Enforcement	37

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1. Introduction

1.1 This policy sets out the principles we will use when dealing with taxis, private hire vehicles, private hire operators, taxi drivers and private hire drivers.

1.2 We will review it at least every five years and consult on any proposed amendments. If we make any changes, we will then re-publish the policy.

1.3 Public consultation on this policy took place between 5 November 2014 and 6

February 2015 and followed our consultation standards (April 2014) and[1]HM[2]GovernmentConsultation Principles(November 2013.)

1.4 The policy was approved by the Council on [date TBC] and is available via our website on or on request to the Licensing Team, Guildford Borough Council, Millmead House, Millmead, Guildford, Surrey, GU2 4BB.

1.5 We have taken into account:

1. current legislation in respect of taxi and private hire licensing
2. Department for Transport Taxi and Private Hire Vehicle Licensing Best

Practice Guidance March 2010

1. responses from those consulted on the policy
2. The Law Commission’s report (LAW COM No 347) Taxi and Private Hire Services (May 2014).
3. The views expressed by the trade, public, statutory and non-statutory partners.
4. An unmet demand survey carried out in 2015

2. Principles

2.1 The aim of this policy is to provide a fair, open and transparent framework to ensure that taxi and private hire services in Guildford Borough are accessible and safe for operators and the public. It’s objectives are:

1. To protect public safety
2. Encourage a professional taxi and private hire trade
3. Provide access to an effective transport service
4. Protect the environment
5. Promote the Borough as a place to live work and visit

2.2 When applying the policy and guidance we will have regard to the following principles:

1. openness
2. transparency
3. consistency
4. fairness
5. proportionality

2.3 When we deal with taxi and private hire drivers and operators we will endeavour to be:

1. courteous
2. timely
3. responsive
4. fair

1. 1. We expect drivers and operators to act similarly in their dealings with us.

P_{Page 19}age 3 of 39

1. 1. In exercising our regulatory functions, we will have regard to this policy document and the objectives set out above.

3. General application

Policy guidance

3.1 Detailed guidance to underpin this policy framework is set out in appendices 1 - 11 as follows:

• drivers
• vehicles
• private hire operators
• compliance

3.2 The appendices to this policy provide guidance and set out requirements that apply.

Decision making

3.3 Except where indicated in the guidance, Officers will normally make decisions under delegated authority whether to issue, refuse, suspend or revoke a licence, or grant any form of exemption.

Refunds of fees

3.4 You will not be entitled to a refund of any part of the licence fee if you surrender your licence or if we revoke your licence.

3.5 If you require any help with your application or with any other aspect of the taxi and private hire licensing process, information is available on the Council’s website or by contacting the licensing team.

Taxi Fares

3.6 We will set fares in accordance with our taxi fares procedure as approved by the

Executive on[3]28[4]March 2013. The fare calculator will normally be run annually in October and any change in fares will take place from the 1 April the following year.

Wheelchair accessibility

3.7 We will encourage the provision of wheelchair accessible vehicles through financial incentives to do so.

Numbers of taxis

3.8 We do not limit the maximum number of taxis or private hire vehicles.

4. Vehicle Appearance

4.1 Existing vehicles will need to comply with these requirements at their next licence renewal after 1 August 2015.

4.2 Vehicles licensed for the first time after 1 April 2015 must meet the requirements.

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Hackney Carriages (Taxis)

4.3 Vehicles must have a full external Pantone 321 coloured livery.

4.4 The Guildford Borough G Logo in white/black with minimum dimensions ?? x??

and a sign with the words “Licensed Taxi” as shown below should be displayed on the bonnet, front passenger and drivers doors.

4.5 Figure 1 illustrates the positioning and layout required.

4.6 The dimensions and specification for the logo are:

Guildford Borough G logo

Text: In capitals Typeface:

Colour: 

Font/Dimensions: 

Letter spacing: 

Lettering for ‘Guildford Borough.

Text: In capitals Typeface:

Colour: 

Font/Dimensions: 

Letter spacing: 

Lettering for ‘Licensed Taxi’

Text: In capitals Typeface:

Colour: 

Font/Dimensions: 

Letter spacing: 

Private Hire Vehicles

4.7 We do not prescribe the colour of private hire vehicles, however to protect public safety we want them to be clearly distinguishable from taxis. The following requirements are intended to achieve this:

4.8 The proposed vehicle must not:

• Be similar in appearance to a London style taxi.
• Be similar in colour to the Guildford hackney carriage livery

1. 1. The Guildford Borough Council G logo in white/black with minimum dimensions ?? x ??

and a sign with the words ‘Private hire vehicle – pre booking only’ as shown below should be displayed on the front passenger and driver doors.

1. 1. Figure 2 illustrates the positioning and layout required.

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1. 1. The dimensions and specification of the logo and text are:

Guildford Borough G logo

Text: In capitals Typeface:

Colour: 

Font/Dimensions: 

Letter spacing: 

Lettering for ‘Guildford Borough’

Text: In capitals Typeface:

Colour: 

Font/Dimensions: 

Letter spacing: 

Lettering for ‘Private hire vehicle – pre booking only’

Text: In capitals Typeface:

Colour: 

Font/Dimensions: 

Letter spacing: 

4.12 Advertising will not be approved if it:

• Refers to illegal activities
• Is offensive
• Is discriminatory

5. Advertising

5.1 If you wish to use your vehicle for advertising purposes you must:

• Obtain prior written approval from the Licensing Authority.
• Limit advertising to the rear doors or boot of the vehicle only.

5.2 Advertising will not be approved if it:

• Refers to illegal activities
• Is offensive
• Discriminatory
• Substantially obscures the colour of the vehicle

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Private hire vehicles used only for Home to School purposes

5.3 The lettering should comply with the following requirements:

Wording: ‘Home to School Service Only’ Font:

Typeface:

Colour: Yellow

Location: Front driver and passenger doors Size:

6. Implementation and review

6.1 This Policy will remain in existence for a period of three years from the date of adoption, but will be kept under review and where necessary revised in accordance with paragraph 3.8.

6.2 The Head of Health and Community Care Services may make minor amendments to the guidance set out in this policy to reflect administrative changes. When a full review or any substantive amendments are proposed, these will considered by the Licensing Committee.

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Appendix 1

1 Drivers Licences: applications and renewals

1.1 To become a licensed taxi or private hire driver, you must normally be able to show that you:

• are 18 years of age or over
• have held a full DVLA driver’s licence for at least one year have the right to live in the United Kingdom
• have the right to live and work in the United Kingdom
• know your address history for the last the last 5 years. If any of these addresses are outside the United Kingdom refer to paragraph 1.2
• meet the current medical standards for[5]DVLA[6]Group[7]2[8]licence holders
• have not been convicted of, or cautioned for a relevant criminal or driving offence
• do not have any motoring endorsements on your DVLA driving licence

1. 1. If you have not lived permanently in the United Kingdom for the last five years, you will need to obtain a letter of good conduct from the relevant embassy or consulate for the country in which you were living. The date of the letter must be within three months of the date of your application.

1. 1. If you have a conviction or caution for a relevant offence or any motoring endorsements (points) on your licence this may prevent you from obtaining a licence. Appendix 2 below gives further guidance.

1. 1. If you are unsure whether you satisfy the above requirements please contact the licensing team.

1. 1. If you meet the above requirements you must then successfully pass the relevant Driver and Vehicle Standards Agency (DVSA) taxi assessment and drivers knowledge test.

• If you apply for a private hire driver’s licence, you must have passed the DVSA standard driving assessment.

• If you want to apply for a wheelchair accessible vehicle, you must have passed the DVSA enhanced assessment, which includes a wheelchair assessment.

• If you hold a private hire driver’s licence and you have previously passed the DVSA standard driving assessment, and you want to convert to a taxi driver’s licence, you must pass the DVSA upgrade assessment if you wish to operate a wheelchair accessible vehicle.

1. 1. You must pass the relevant taxi or private hire driver’s knowledge test/s not more than 3 months prior to your fully completed application being submitted. These assess your knowledge of customer service, highway code, local byelaws, taxi law, terms and conditions of your licence and geographical knowledge of Guildford

Borough. To book a test and make your payment contact the Licensing team.

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1. 1. If you pass both your relevant DVSA taxi assessment and driver tests you will need to complete a medical examination. This must be carried out by your registered doctor, or a doctor in the same practice with access to your current medical records. The examination be completed less than 3 months prior to your fully completed application being submitted.

Making an application

1.8 Information on how to make an application is available on the Council’s website or from the Council’s Contact Centre.

1.9 Your application will need to be accompanied by the following documents before it can be accepted:

1. your completed application form
2. payment of the relevant fee (we will only accept a debit or credit card)
3. both parts of your full DVLA driver’s licence (photo card and paper counterpart)
4. evidence of your right to live in the United Kingdom
5. evidence of your right to work in the United Kingdom
6. evidence of where you have lived for the last five years including the month and year that you started living at each address
7. your medical form, completed less than 3 months before your application
8. a certificate showing you have passed the relevant DVSA taxi assessment
9. if applicable, a letter of good conduct from the Embassy or Consulate for the country you were living in (outside the United Kingdom) during the last five years. The date of the letter must be within three months of the date of your application.
10. documents required by the Disclosure and[9]Barring[10]Service[11](DBS) or an enhanced level DBS certificate with barred list checks issued within the past 3 months or an enhanced level DBS certificate with barred list checks and details of your subscription to the DBS update service. Please let us know if you have signed up for the DBS update service, because you will need to sign a ‘mandate’ form.
11. a digital photograph of you (for your driver’s badge), taken by us at the time of an application appointment.

Renewing a licence

1.10 Information on how to apply to renew your licence is available on the Council’s website or from the Council’s Contact Centre.

1.11 It is the driver’s responsibility to apply in good time so their application can be determined before their existing licence expires. Ideally this should be at least one to two months before the expiry date.

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1.12 Before you can renew your taxi or private hire driver’s licence, you must be able to show that you:

• still have the right to live in the United Kingdom
• still have the right to work in the United Kingdom
• still meet the current medical standards for DVLA Group 2 licence holders
• have not been convicted of a relevant criminal offence, relevant driving offence or cautioned for a relevant offence during the term of your licence
• if applicable, a letter of good conduct from the Embassy or Consulate for the country you were living in (outside the United Kingdom) if you lived in another country during the period of your last licence.
• have not received any motoring endorsements on your DVLA driving licence during the term of your licence
• have a current enhanced level DBS certificate
• you will also need to produce your hackney carriage or private hire drivers badge

1.13 Please check our website or contact the licensing team if you are in any doubt about whether you satisfy the above requirements.

Making our decision

1.14 Once we have received your application and the results of the various checks/tests, we will then make a decision about your application.

1.15 We aim to inform you of our decision within 5 working days from the date we receive all required information. In certain circumstances your application may be referred to the Licensing Regulatory Sub-Committee for determination.

1.16 If you have any convictions, cautions, endorsements or additional information is contained on the DBS or DVLA checks, we will consider these in line with the guidance in Appendix 2 and this may delay the decision.

1.17 If any aspects of your medical examination do not meet the DVLA Group 2 Standards, we may require you to take a further medical examination at your expense before we can make a decision on your application.

Granting your application

1.18 If we grant your application, we will usually issue you a licence for three years from the date of our decision. If you are subject to immigration controls as detailed below, we may issue a licence for a shorter period:

 If your current right to live or work in the UK expires during the three-year period beginning from the date your application was determined, we will issue your licence until the date your current right to live or work in the UK expires.

[[Image:]] If the Home Office is currently determining your right to live or work in the UK, and you are entitled to live and work in the UK pending final determination of that application, we will issue your licence for a maximum of 6 months from the date of our decision.

Refusing your application

1.19 If you do not satisfy the above requirements we will refuse your application.

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1.20 We may also refuse your application if your convictions, cautions, endorsements or other information make it inappropriate for us to grant you a licence.

1.21 A Licensing Regulatory Sub-Committee or an officer with the appropriate delegation will make the decision.

1.22 We will make a record of the reasons for our decision and we will provide you with a copy of that document.

1.23 You may appeal to the Magistrates’ Court within 21 days of our decision. If you intend to appeal the decision, we strongly advise you to seek legal advice.

Operating your licence

1.24 We will grant all licences with the standard conditions attached in Appendix 3. Those specific to private hire drivers are set out in Appendix 9 and those specific to hackney carriage driver’s are set out in Appendix 4. All taxi drivers must comply with the Guildford byelaws.

1.25 We will deal with any breach of these conditions or byelaws, in accordance with Appendices 10 and 11.

1.26 If we granted your licence for less than three years because your right to live or work in the UK was due to expire during the term of the licence and you want to continue to operate, then at least one month before your licence expires you must:

• provide us with written proof of your current right to live in the UK
• provide us with written proof of your current right to work in the UK
• make an application to extend your licence and
• pay the relevant fee (we will only accept a debit or credit card) for a new driver’s badge and amendment to your licence.

1. 1. We will then check your status with the Home Office.

1. 1. If they confirm your right to live and work in the UK, we will extend your licence, but the expiry date of this new licence will be no more than three years from the original grant of your licence (see paragraph 1.18).

Changing your name and address or operator

1.29 If you change your name, address or operator during the term of your licence, you must inform the licensing team in writing within seven days and pay the fee to amend your licence. We will then make the amendments and update your licence.

Interim Licences

1.30 We will not issue an ‘interim’ licence unless there are exceptional circumstances beyond your control, which cause a delay in processing your application. Submitting an application less than one month before the expiry date does not constitute exceptional circumstances.

1.31 In exceptional circumstances the relevant fee will be need to be paid.

1.32 For new home to school only private hire drivers we may issue an interim 3 month

‘interim licence’ to enable the driver tests to be completed, provided other DBS and licence requirements are met.

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Appendix 2

2 Relevance of convictions, cautions and endorsements

2.1 The key principle is the protection of the public and this section provides guidance on the relevance of convictions, cautions or endorsements on your application for a taxi or private hire driver’s licence or private hire operator’s licence.

2.2 We will determine your application on its individual merits, using the following guidelines to decide whether you are a ‘fit and proper’ person to hold a licence.

Offences involving violence

2.3 We will normally refuse your application if you have been convicted of an offence such as:

• murder
• manslaughter
• manslaughter or culpable homicide while driving
• arson with intent to endanger life
• terrorism offences or
• any attempt or conspiracy to commit the above offences

2.4 We will normally refuse your application if you have been convicted in the last seven years (or at least three years have not passed since the completion of the sentence, if longer) of an offence such as:

• threats to kill arson
• any racially aggravated assault
• grievous bodily harm robbery
• aggravated burglary possession of a firearm
• riot, violent disorder or affray
• any racially aggravated offence above
• any attempt or conspiracy to commit the above offences

2.5 We will normally refuse your application if you have been convicted in the last three years (or at least three years have not passed since the completion of the sentence, if longer) of an offence such as:

actual bodily harm common assault threatening or disorderly behaviour [[Image:]]

harassment criminal damage assault on police resisting arrest

• obstructing a police officer or authorised officer
• possession of a weapon
• any attempt or conspiracy to commit the above offences

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Offences involving sex or indecency

2.6 We will normally refuse your application if you have a conviction for an offence such as:

• rape
• assault by penetration
• offences involving children or vulnerable adults sexual assault
• indecent assault
• possession of photographs of an indecent nature exploitation of prostitution
• trafficking for sexual exploitation
• any attempt or conspiracy to commit the above offences

2.7 We will normally refuse your application:

• if you are currently on the Sex Offenders Register.
• if you have more than one conviction for any sex or indecency offence.
• If you have a conviction for any sex or indecency offence involving children or vulnerable persons

2.8 We will normally refuse your application if you have been convicted in the last seven years (or at least three years have not passed since the completion of the sentence, if longer) of an offence such as:

• indecent exposure
• soliciting (kerb crawling)
• any attempt or conspiracy to commit the above offences

Offences involving dishonesty

2.9 We will normally refuse your application if you have been convicted in the last three years (or at least three years have not passed since the completion of the sentence, if longer) of an offence such as:

• theft
• burglary
• fraud
• forgery
• handling or receiving stolen goods
• any deception
• perverting the course of justice
• taking a vehicle without consent
• any attempt or conspiracy to commit the above offences

Offences involving drugs

2.10 We will normally refuse your application if you have been convicted in the last seven years (or at least three years have not passed since the completion of the sentence,

if longer) of any offence related to the supply, production or importation of drugs.

2.11 We will normally refuse your application where you have more than one conviction for offences related to the possession of drugs, and have not been free of conviction for five years.

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2.12 If there is evidence of persistent drug use, misuse or dependency, we may require you to undertake a specialist medical examination to ensure that you meet the DVLA Group 2 medical standards in relation to drug misuse and dependency.

2.13 If you have an isolated conviction for an offence related to the possession of drugs within the last three years we may refuse your application. In making our decision, we will have regard to the:

• sentence
• quantity of drug
• type of drug

Motoring offences

Involving the loss of life

2.14 We will normally refuse your application if you have been convicted in the last seven years (or at least three years have not passed since the completion of the sentence, if longer) of an offence such as:

• causing death by dangerous driving
• causing death by careless driving whilst under the influence of drink or drugs
• or any similar offences

2.15 We will normally refuse your application if you have been convicted in the last three years (or at least three years have not passed since the completion of the sentence, if longer) of an offence such as:

• causing death by careless driving
• causing death by driving (when unlicensed, disqualified or uninsured)

Drink driving or driving under the influence of drugs

1. 1. We will normally refuse your application where you have a second drink drive conviction, and three years has not elapsed since the restoration of your driving licence.

1. 1. If you have an isolated conviction for a drink drive offence we may refuse your application. In making our decision we will have regard to the:

sentence [[Image:]]

period of disqualification

Endorsable traffic offences

1. 1. We will normally refuse your application if you have a conviction for a major traffic offence (more than six penalty points) in the last two years.

1. 1. If you have six or less penalty points, we will not normally refuse your application for this reason alone.

1. 1. If you have nine or more penalty points, we will not necessarily refuse your application for this reason alone. However, we may require you to complete a driver correctional training course specified by us prior to the grant of your licence.

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Illegally plying for hire and touting

1. 1. We will normally refuse your application if you have been convicted of, or cautioned in the last year (or at least one year has not passed since the completion of the sentence, if longer) for an offence of illegally plying for hire or touting.

1. 1. We will normally refuse your application where you have more than one conviction or caution in the last five years, for illegally plying for hire or touting.

Other information

Fixed penalty notices

2.23 Fixed penalty notices (FPN) are civil, not criminal sanctions. However, the police may issue an FPN for a criminal act and we will therefore consider any FPN when considering your application.

Patterns of behaviour

2.24 We may refuse your application if your overall offending history shows a pattern of convictions over time and we are satisfied that you could be a danger to the public.

Non-conviction information

2.25 We will normally refuse your application if you have been arrested or charged (but not convicted) for a relevant offence if we are satisfied that you could be a danger to the public.

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Appendix 3 3 Standard private hire driver’s licence conditions

3.1 The holder of this licence shall:

• behave in a civil, polite and orderly manner at all times.
• be clean and tidy in appearance and dressed in a manner not to cause embarrassment or give offence to members of the public
• take all reasonable precautions to ensure the safety of persons conveyed in, or  entering or alighting from the vehicle.
• immediately after the termination of any hiring or as soon as practicable thereafter, carefully search the vehicle for any property which may have been left therein,
• if required, convey at least one suitcase per passenger and assist in loading and unloading luggage from the vehicle
• if requested by the hirer, provide him/her with a written receipt for the fare paid,  including his badge and plate number of vehicle driven.

3.2 The holder must also notify the Council’s licensing team in writing within 7 days of any:

• changes in the particulars given on the application form (e.g. change of address, name, operator);
• illness or injury affecting his or her fitness to drive in any way;
• charges brought against him or her in respect of any criminal offence;
• convictions or formal Police cautions recorded against him or her, including motoring offences and endorsable fixed penalty notices. In the case of criminal convictions, a certificate of conviction should be produced.
• any fixed penalty notice received by the licence holder.
• carry it as soon as possible and in any event within 48 hours to the Council Offices, and leave it in the custody of an authorised officer on his giving a receipt for it.
• not drive a wheelchair accessible vehicle without first passing the DVSA Wheelchair Assessment
• return forthwith all licences, badges and plates when the licence is suspended.

1. 1. The driver shall not operate the horn as a means of signalling that the vehicle has arrived.

1. 1. You should:

1. inform the Council’s licensing team immediately of any medical condition, which

may affect the licence holders driving ability or the health and safety of his/her passengers and 

1. cease driving any licensed vehicle immediately:

Guidance on suitable dress

The aim of this requirement is to ensure public confidence in their safety by presenting a professional image of you as their driver. The following guidance is not exhaustive but is intended to provide advice on what is acceptable.

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Trousers

Acceptable: smart plain coloured jeans or trousers.

Not acceptable: jogger bottoms, loungewear bottoms, multi coloured trouser bottoms, combat trousers.

Shorts

In periods of high summer temperatures shorts may be worn.

Acceptable: Plain coloured dress shorts.

Not acceptable: Football or sports shorts

Shirts

Acceptable: plain coloured work shirt, dress shirt or smart polo shirt. Not acceptable: football shirts/strips or heavily patterned t-shirts.

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Appendix 4 Vehicle licences: applications and renewals

Pre application requirements

4.1 You must normally be able to show that the vehicle meets the following requirements:

• the vehicle is no more than 5 years old (if you are licensing it for the first

time)

• the vehicle is capable of safely carrying a minimum of 4 passengers, but no more than 8. If the vehicle has more than 8 passenger seats you may need a Public Service Vehicle (PSV) licence. Please contact the Driver and Vehicle Standards Agency (DVSA) for further advice.
• the vehicle is right-hand drive
• the vehicle has a minimum 1400cc engine. Any hybrid/LPG or other alternatively powered vehicle must have an equal power output to a 1400cc engine
• if the vehicle is a saloon/estate type it has four side opening doors
• if the vehicle is a minibus, transit or people carrier type it has at least three doors, not including any tailgate or rear door
• the vehicle has a useable seatbelt for each passenger. Each seat belt must be fully compliant with Euro NCAP standards
• the vehicle must comply with livery requirements
• if you are licensing the vehicle as a taxi, the vehicle’s windscreen and front side windows comply with national legal tint specifications. All other windows let enough light through for a person 20 meters away to be able to see the number of passengers in the vehicle in daylight.
• the vehicle is not a category A, B or C write off.
• if the vehicle is a category D or F write off you will need an independent report, to confirm the repairs were carried out to a satisfactory standard and the vehicle must have subsequently passed an MOT test.

Making your application

4.2 Information on how to make an application is available on the Council’s website or from the Council’s Contact Centre.

4.3 Your application will need to be accompanied by the following documents before it can be accepted. Each of the proposed licence holders (proprietors) must attend the meeting with a Licensing Officer in person and you must bring the following documents with you:

• your completed application form for a new taxi or private hire vehicle licence payment of the relevant fee (we will only accept a debit or credit card)
• a written HPI check for the proposed vehicle. This check shows whether a vehicle has been stolen, written-off or has outstanding finance as well as offering a mileage check
• a valid certificate of motor insurance or a cover note for the proposed vehicle
• a certificate showing the vehicle has been inspected at the Woking Road Depot and has passed our vehicle test
• photographic identification for each proprietor. We will only accept a passport or DVLA driving licence

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• the V5C DVLA registration document (logbook) for the proposed vehicle. At least one of the proprietors must be the registered keeper of the proposed vehicle. If you have recently bought the vehicle and you do not have a V5C, we will accept the tear off slip.
• a valid MOT certificate (if you are applying for a private hire vehicle licence and the vehicle is more than three years old) or
• a valid MOT certificate (if you are applying for a taxi vehicle licence and the vehicle is more than 12 months old).

Making our decision

4.4 We will consider the information you have provided, determine your application and inform you of our decision at the meeting. In certain circumstances your application may be referred to the Licensing RegulatorySub-Committee for determination.

Granting your application

4.5 If we grant your application, we will usually issue you a licence and plate for 12 months from the date of our decision.

Refusing your application

4.6 If we refuse your application, we will make a record of the reasons for our decision and we will provide you with a copy of that document.

4.7 You may appeal to the Magistrates’ Court (private hire) or Crown Court (taxi) within 21 days of our decision. If you intend to appeal the decision, we strongly advise you to seek legal advice.

Operating your licence

4.8 We will grant licences for private hire vehicles with the standard conditions at Appendices 4 and 6.

4.9 We will grant vehicle licences for hackney carriages with the standard conditions at Appendices 4 and 5.

4.10 We will deal with any breach of these conditions in accordance with Appendices 9 and

10.

Renewing your licence

4.11 At least one month (but no more than two months) before your licence expires, you must apply to renew your licence so that we can carry out the necessary checks. It is your responsibility to ensure you apply in good time so your application can be determined before your existing licence expires.

4.12 Information on how to make an application is available on the Council’s website or from the Council’s Contact Centre.

4.13 You must bring the following documents to your appointment:

• your completed application form to renew your taxi or private hire vehicle licence
• payment of the relevant fee (we will only accept a debit or credit card)
• a valid certificate of motor insurance or a cover note for the vehicle covering the start date of the new licence
• a certificate showing the vehicle has passed our vehicle test at the Woking

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Road Depot, no more than 8 weeks before date of expiry

• the V5C DVLA registration document (logbook) for the vehicle. At least one of the proprietors must be the registered keeper of the proposed vehicle
• a valid MOT certificate (if you are applying for a taxi vehicle licence)
• a valid MOT certificate (if you are applying for a private hire vehicle licence and the vehicle is more than three years old)
• the vehicle plate

Making our decision (renewal)

4.14 If you can show that your vehicle satisfies the requirements we will grant your licence.

4.15 If we grant your application, we will usually issue you a licence and plate for 12 months from the date of our decision.

4.16 If your vehicle does not satisfy the requirements we will refuse your licence.

Other Types of Application

Transfer of Interest

4.17 If you are buying a private hire vehicle or taxi, which currently has a licence issued by us, the existing proprietor should notify us within 14 days of the date of sale.

Change of Vehicle

4.18 If you change your vehicle, please check that it complies with the pre-application requirements above before you buy it. If you are unsure, advice is available on the Council’s website or from the licensing team.

4.19 You will then need to make an application to change your vehicle, following the above process.

Accidents in vehicles – use of replacement or temporary vehicles

4.20 If your vehicle is involved in an accident, you must inform us in writing within 72 hours.

4.21 If you cannot repair the damage, you may wish to change the vehicle (please see above.)

4.22 If you need some time to repair the damage, you may temporarily transfer the plate to a different vehicle for a period not exceeding four weeks. The replacement vehicle must satisfy the requirements expected of a licensed vehicle, therefore please refer to paragraphs 5.1 to 5.10 above.

Lost, stolen or damaged licences

4.23 If you have lost your paper licence or the vehicle plate; or it has been stolen or damaged you will need to request a replacement. The fee must be paid before we issue a replacement.

Exemption from displaying a private hire licence plate

4.24 In certain circumstances, we may grant an exemption notice for private hire vehicles. This allows you not to display the standard vehicle plate on the rear of your vehicle.

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4.25 To apply for an exemption you must supply the following documents;

• A letter explaining why you feel it is appropriate for your vehicle to be issued with an exemption certificate.
• Evidence that an exemption is required. This should include letters from clients explaining why they want vehicles without plates e.g. a discreet service required by a well-known person seeking as much anonymity as possible.

1. 1. We will only grant an exemption where we are satisfied that you use the vehicle exclusively or primarily for ‘chauffeured’ private hire work. This means that you provide the chauffeur and vehicle to a business or person, and the display of a licence plate may affect the dignity or security of the persons you are carrying.

1. 1. If we refuse your request and there is new relevant information, you may ask us to reconsider our decision within 21 days of that decision. We aim to reconsider your application within 3 working days of receiving your request.

1. 1. A panel of three officers with delegated authority will consider this information before making a final decision.

1. 1. We will make a record of the reasons for our decision and we will provide you with a copy of that document.

1. 1. You do not have a further right of appeal to the Magistrate’s Court.

1. 1. If we grant an exemption, we will issue your licence subject to the additional conditions at Appendix 7.

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Appendix 5

Specific Hackney Carriage vehicle licence conditions

5.1 The holder of a hackney carriage vehicle licence shall:

• ensure that the vehicle is kept clean and tidy, free of damage and in good working order at all times
• inform the Council’s licensing team within 72 hours of any accident involving the licensed vehicle
• notify the Council, in writing, within 7 days of;

1. 1. 1. changes to any details provided on the application form e.g.

address, name, etc

1. 1. 1. the sale of a licensed vehicle
      2. surrender of the licence.
      3. changes to insurance for the vehicle

• ensure the vehicle passes the Council’s vehicle test every six months
• ensure the Council’s licence plate and internal plate are displayed on the vehicle at all times
• not display advertising on the vehicle without first obtaining the Council’s approval
• meets the Council’s key requirements

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Appendix 6

Standard private hire vehicle licence conditions

6.1 The holder of a private hire vehicle licence shall:

• ensure that the vehicle is kept clean and tidy, free of damage and in good working order at all times
• inform the Council’s licensing team within 72 hours of any accident involving the licensed vehicle
• notify the Council, in writing, within 7 days of any;

1. 1. 1. changes to any details provided on the application form e.g.

address, name, etc

1. 1. 1. the sale of a licensed vehicle
      2. surrender of the licence.
      3. change of private hire operator
      4. changes to insurance for the vehicle

• ensure the vehicle passes the Council’s vehicle test within six months of the grant of the licence
• ensure the Council’s licence plate and internal plate are displayed on the vehicle at all times (unless an exemption has been granted)
• not display a roof sign on the vehicle
• not display advertising on the vehicle without first obtaining the Council’s approval
• Unless operating with an exemption from displaying a vehicle plate or with a licence as a ‘home to school only vehicle - Ensure that the words ‘ Private Hire Vehicle – Prior bookings only’ are displayed on the front driver and passenger doors of the vehicle. Guidance on the colour and size of the lettering is set out below in paragraph 7.3.

Additional private hire vehicle conditions (for vehicles with an exemption from displaying a vehicle plate)

6.2 The holder of this licence shall ensure that:

• the private hire vehicle plate is attached to the vehicle inside the boot lid area
• the internal exemption sticker is displayed in the front windscreen in the left hand bottom corner
• the exemption notice issued by the Council is carried in the vehicle at all times and available at all times for inspection by a police officer or authorised officer
• the vehicle meets the Council’s key requirements

Page 24

Appendix 7

Vehicle Specifications

1 General Specification

1.1 In addition to all requirements of the Road Traffic legislation, which relate to all motor vehicles, all licensed vehicles shall comply with the requirements set out below as appropriate for the type of vehicle (Hackney or private hire including stretched limousines).

1.2 All vehicles shall:

(i) have an appropriate ‘type approval’ which is either a:

European Whole Vehicle Type approval; Wheelchair accessible UK low volume approval – (for specialist vehicles)**

It is a recommendation that vehicles with Euro NCAP star ratings of 4 or more should be considered when purchasing a new vehicle.

1. be capable of carrying not less than 4 passengers but no more than 8

1. comply with all construction and use/type approval requirements applicable to them

1. be either a purpose built taxi, or a 4-door saloon or 5-door estate/multipassenger vehicle. Minibuses, transits and people carrier type vehicles shall have at least 3 doors not including any tailgate or rear doors. A purpose built style taxi will not be licensed for Private Hire

1. when a vehicle is first presented for licensing, a saloon type vehicle (saloon/estate/MPV) shall be nor more than five (5) years old. It will remain available for licensing – subject to passing the inspection process – until it is ten (10) years old. A purpose built hackney carriage shall be no more than five (5) years old on the first date of licensing, but will remain available for licensing, subject to passing the inspection process, until it is fifteen (15) years old

1. when the vehicle reaches the age limit referred to in (v) it may be eligible for a further licence if the Council deem it to be an ‘exceptional vehicle’. This will require the vehicle to pass the vehicle inspection at first inspection and, be in good condition, with a fully documented service history

1. have a minimum engine capacity of 1400cc (not applicable to electric hybrid vehicles)

1. have no damage affecting the structural safety of the vehicle and must not have been written off for insurance purposes listed as category A, B or C write offs at any time. Categories D & F will be considered but will require a full engineer’s report to confirm repairs to the vehicle are of a high standard

1. provide sufficient means by which any person in the vehicle may communicate with the driver

1. not be fitted with ‘bull bars’ or other modification that increases the risk to passengers, pedestrians or other road users.

P_{Page 41}age 25 of

2 Doors

2.1 All saloons, estates or purpose-built taxi vehicles shall have at least 4 side opening doors, which may be opened from the inside and the outside. Minibuses, transits and people carrier type vehicles shall have at least 3 doors not including any tailgate or rear doors.

2.2 All vehicles shall be constructed so that the doors open sufficiently widely to allow easy access into and egress from the vehicle.

2.3 All vehicles, including larger passenger vehicles (multi-purpose vehicles), must have sufficient safe and suitable access and egress from the vehicle for the driver and all passengers, excluding the rear exit and the driver’s front door (see 4.1 below).

3 Interior Dimensions

3.1 Height inside: there must be sufficient space between the seat cushions and the lowest part of the roof to safely accommodate the driver and passengers in reasonable comfort.

3.2 Knee space: there must be sufficient space between the front and back seats to safely accommodate the driver and passengers in reasonable comfort.

4 Seats

4.1 Passengers need to be able to enter and exit in safety. So as not to impede access, every seat must be unobstructed and be easily accessible to passengers without the need for seats to be moved or tilted and without the need for more than one passenger to move.

4.2 Passenger seats must be at least 16” (40.64 cm) wide per passenger with no significant intrusion by wheel arches, armrests or other parts of the vehicle. There must be a minimum of 34” (86.36 cm) headroom for all passenger seats measured from the rear of the seat cushion to the roof lining. There must be a minimum of 7¼” (18.42 cm) legroom for all passenger seats, measured from the front edge of the seat, to the rear of any seat, dashboard or internal panel in front.

5 Seat Belts

5.1 All vehicles must be fitted with fully operational seat belts, one for each passenger except where the law specifically provides an exemption and fully compliant with British Standards.

6 Passenger Capacity

6.1 The carrying capacity of all vehicles shall be at the discretion of the Council having regard to manufacturer’s specifications and compliance with dimensions and other safety considerations referred to previously.

7 Ventilation

7.1 Windows must be provided at the rear and sides along with means of opening and closing not less than two windows on either side.

7.2 Rear passenger windows must be capable of being opened by passengers when seated, unless air conditioning is available for the comfort of the passenger.

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8 Luggage

8.1 Suitable storage for passenger luggage, ideally separated from the passenger compartment, should be provided. Luggage carried must be suitably secured in place. Estate type vehicles shall have an appropriate guard fitted between the passenger and the luggage compartments.

9 Vehicles Powered by Liquid Propane Gas (LPG)

9.1 An applicant for a licence for a vehicle that has been converted to run on LPG is required to produce, prior to a licence being issued, a certificate issued by a member of the UK LPG Association confirming satisfactory installation, examination and testing of the vehicle in accordance with the LPG Association Code of Practice; and that the vehicle is therefore considered safe.

9.2 If an LPG conversion involves installation of an LPG fuel tank in a vehicle’s boot space (and possible relocation of the spare wheel) it shall be a requirement that an amount of space shall remain free for the stowage of a reasonable amount of luggage and any spare wheel displaced as a result must be stowed in a location that does not impinge on the passenger carrying area of a vehicle.

10 Tinted Windows

10.1 The windows of any vehicle shall not have been treated so that anything other than the manufacturer’s original fitted windows are in use (privacy glass is excluded).

10.2 The windows of any vehicle shall not have been treated with any tint other than that originally fitted to the vehicle, i.e. tinting film.

11 Vehicle Inspection

11.1 All items contained within the Inspection list, agreed by Guildford Borough Council shall be tested in accordance with the current MOT Testing Guide & Inspection Manual issued by the Vehicle & Operator Services Agency (VOSA).

11.2 Vehicles to be licensed by the Council shall be of the following design:

1. A wheeled vehicle constructed or adapted to carry not more than eight passengers exclusive of the driver.

1. Fitted with at least four doors.

1. The engine capacity must be a minimum of 1400cc (not applicable to electric hybrid vehicles)

1-7 Lighting and No cracks, splits, stone chips or bulls eyes shall be Signalling Equipment permitted in any lens. Tape used for the repair of such shall not be permitted.

8 Dash Panel Lights The dash panel lights shall be capable of

illuminating all instruments satisfactorily. All warning lights (including ABS and Management if fitted) must extinguish when engine is running.

10 to Steering and Suspension Slight deterioration shall not be permitted in any

1. bonded joint. Splits, cracks or deterioration of

P_{Page 43}age 27 of inner CV boots shall not be permitted. No fluid leaks from shock absorbers shall be permitted.

1. to Brakes Any vehicle fitted with ABS shall be deemed to fail

1. if presented with any component obviously

missing.

1. to Tyres and Road Wheels Tyres designed with a wear indicator of 1.6 mm

25 including Spare level with the tread pattern at the time of the test shall be deemed to fail.

The spare wheel carrier shall be in such a condition as to allow the easy removal; i.e. the winding mechanism shall be free of excessive corrosion and/or damage when sited under the vehicle.

Wheels including the spare shall be free from defects on rims and hubs.

32 Exhaust The exhaust system shall be deemed to fail if any 33 repair has been attempted. No leaks shall be

permitted from the exhaust system including connection joints.

36 Windscreen No splits, cracks, chips or bulls eyes shall be permitted anywhere in the swept vision.

40 Fuel Tank and Pipes The fuel system shall be free from any leaks and excessive corrosion.

39 Battery/Wiring Shall be securely fitted and be of a type suitable

for the vehicle.

All wiring including that fitted for any ancillary items such as roof signs, radios and meters shall be fitted securely and in such a manner as to be free from accidental interference.

1. Oil Leaks Oil leaks other than an occasional drip shall not be

permitted.

1. Water and/or Coolant As for Oil Leaks. Leaks

38 Clutch and Throttle Free from any excessive play and in good smooth working order.

46 General Condition No defects in any seats or seat covers, carpet or other upholstery that have not been rectified suitably. Covers that have not been tailored to fit front or rear seats shall not be permitted. The use of car blankets as covers shall not be permitted. The entire interior shall be clean, tidy and free from unpleasant odours.

37 Window & Winding All winding mechanisms shall allow all windows to Operations be opened and closed normally.

42 Mirrors All vehicles shall have three mirrors fitted in the

Page 28 following manner:

1. One fitted internally (rear view)

1. One fitted to the offside drivers (externally) door
2. One fitted to the nearside passenger

(externally) door

All shall be fitted so as to give the driver a good visibility to the rear and be free from cracks, blemishes or other defects. The housing holding the mirrors must also be free from damage and any mechanisms fitted to enable the positioning of the mirrors shall be in working order.

49 Seat Security All seats must be securely fixed to the vehicle and be properly upholstered.

57 Internal Vehicle Plate Must be displayed (in a prominent position and clearly visible to passengers) at all times [and correspond with the rear plate].

56 Fare Card HC Only Must be displayed in a prominent position and

clearly visible to passengers at all times.

Doors All doors including sliding doors shall open and 

close from inside and out without the need for excessive force.

44 Fire Extinguisher A 1kg hand held fire extinguisher, containing no

CFC gases and complying with British Standards (BS) EN3, must be kept in good working order either mounted in the driver’s compartment or mounted in the boot in such a position as to be readily available for use. The fire extinguisher must display a valid upcoming expiry date or must be fitted with a pressure gauge indicating that the pressure is still within working parameters. The extinguisher must be indelibly marked with the plate number of the vehicle prefixed by either HC/PH (Hackney Carriage/Private Hire) corresponding to the type of hire vehicle and the registration number of the vehicle.

Exterior Condition There must be no accidental damage, including dents and scratches. Paint and bodywork must be clean and free from rust. All trim must be securely fastened to the body.

Advertising & Displays (a) No internal or external advertisement or display shall obscure the driver’s vision through any window or mirror of the vehicle.

(b) Any proprietor’s/operator’s own business cards shall be stored in a single storage

P_{Page 45}age 29 of

area not above window level.

Hackney Carriages

(c) May display any approved advertising that does not obscure the fact that it is a Hackney Carriage (e.g. words stating

‘Private Hire’ or similar) and that does not infringe on driving safety or the driver’s vision.

Private Hire Vehicles

1. Permanent signs may be affixed to the doors on each side of the car. The information contained on the front doors must be confined to the name, address, telephone number and logo of the business operator. Phrases such as ‘Pre-booked’ or ‘Advanced Bookings Only’ will be acceptable.

1. Door signs shall be of a uniform size and design not exceeding 800 mm wide and 500 mm high.

1. No advertisement on any Private Hire Vehicle must display any of the following words, ‘TAXI’, ‘CAB’, ‘HACKNEY

CARRIAGE’ or ‘FOR HIRE’. No other similar words (e.g. ‘kab’) is to be used.

1. Roof Signs (See (a) Hackney Carriages must be fitted with an Appendix 1) illuminated roof sign. It must carry the word

‘TAXI’ in black on the front of the sign together with the title ‘Guildford Borough Council’ and the words ‘Taxi’. The base of the roof sign must be white and it must measure not less than 40 cm long x 15 cm wide x 11 cm high (purpose built taxis may be excluded from this specification if a sign is part of the taxi’s structure).

1. Private Hire Identification (a) A transparent green sign in the rear side windows displaying only the words ‘PRIVATE HIRE’, the operator’s name and a telephone number in white letters, will be used.

1. Vehicle Licence Plate (a) Hackney Carriage Vehicles shall be fitted with a unique white plate bearing the number allocated by Guildford Borough Council and information identifying the make and registration mark of the vehicle along with the expiry date.

(b) Private Hire Vehicles shall be fitted with a

Page 30

1. Registration Number

Plates

61 Meter

Items which do not

comply with Licensing Authority Requirements (not an exhaustive list) unique red plate bearing the number allocated by Guildford Borough Council and information identifying the make and registration mark of the vehicle along with the expiry date.

(c) In both cases the plate shall be fitted externally at the rear of the vehicle fixed by bolt or screw or on an acceptable bracket, similarly fixed. The plate shall be in a clean and easily readable condition.

Both back and front plates shall be clean and free from any defects including splits or cracks and delaminating.

(a) Hackney Carriage: Must be fitted. (b) Private Hire: Need not be fitted.

(c) The meter, if fitted, shall be securely fastened in a position where the face can easily be seen by passengers and in a position where it will not be dangerous or obscure the driver’s vision.

Example:

1. Bonnet insulation hanging down onto engine.

1. Fan belt frayed or torn.

1. Fittings and fixtures not maintained in full working order (e.g. interior heater/air conditioning inoperative, windows not winding etc).

1. Where a reversing horn/alert is fitted to the vehicle there must be an isolation switch in order to turn it off at night.

Roof signs – Hackney Carriages (Taxis)

11.3 All taxis must be fitted with an illuminated roof sign as approved by Guildford Borough Council. It must carry the word ‘Taxi’ in black letters on the front of the sign together with the Guildford Borough Council name and the words ‘TAXI’ showing to the rear. The base colour of the roof sign must be white, illuminated with white light towards the front and red light towards the rear. The base colour of the rear of the sign may be red to assist with the required illumination. The roof sign must measure not less than 40 cm long x 15 cm wide x 11 cm high, except for purpose built taxis, and should be positioned over the front driver and passenger seating area.

Front View

TAXI Guildford Borough Council

Rear View

TAXI

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11.4 The roof sign must be connected to the taximeter so that it works in conjunction with it,

i.e. when the meter is not in use the sign is illuminated and when the meter is in use the sign is NOT illuminated.

Roof Signs – Purpose Built Taxis

11.5 Purpose built taxis may be excluded from carrying a separate roof sign if the taxi has a sign built in that works in conjunction with the taximeter.

1. Additional Specifications for Private Hire Limousines

1. 1. The vehicle must have one of the following:

1. 1. • A UK Individual Vehicle Approval Certificate;
      • UK Low Volume Type Approval Certificate.

1. 1. Vehicles may be left or right hand drive providing that they have proof of full DETR vehicle type approval.

Page 32

Appendix 8

Private Hire Operators

Before making an application

8.1 Before we will grant your application to become a private hire operator, you must normally be able to show:

• you do not have a conviction or caution for a relevant criminal offence
• you have obtained appropriate planning permission or a certificate of lawful use for the intended operating base. Please contact the relevant planning authority.
• if the intended operating base is open to the public, that you hold a valid certificate of public liability insurance for the premises
• the name of your operating business is not the same (or similar) to a private hire business already licensed by us
• the name of your business does not include any reference to ‘taxis’ or ‘cabs’.

8.2 If the operating base is not located in Guildford Borough:

• it cannot be open to the public unless you hold an operator’s licence with the local authority in which the premises is located.
• you must be able to produce any operating records in an electronic format.

1. 1. If you have a conviction or caution for a relevant offence, you should read Appendices 10 and 11 regarding relevance of convictions and cautions for further guidance on whether the offence may prevent you from obtaining a licence.

1. 1. If you hold a current private hire or taxi driver’s licence issued by us, you do not need to complete a DBS check unless you have been convicted or cautioned for an offence, since the date we granted your licence.

1. 1. If you intend to open the operating base to the public, please contact the licensing team and we will arrange to visit your premises to advise you on suitability.

1. 1. Please contact the licensing team if you are in any doubt about whether you satisfy the above requirements.

1. 1. Information on making an application is available on the Council’s website or from the Council’s Contact Centre.

1. 1. If you are applying for a new licence, each of the intended operators must attend the meeting in person and bring the following documents with them:

• your completed application form for a new private hire operator’s licence payment of the relevant fee (we will only accept a debit or credit card)

photographic identification for each applicant. We will only accept a passport or DVLA driver’s licence

• a standard level DBS check certificate (or[12]Disclosure Scotland[13]basic disclosure) if the intended operating base is open to the public, a valid certificate of public liability insurance for the premises
• written planning permission or a certificate of lawful use for the intended operating base
• a list of vehicle and drivers that you will be operating

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Making our decision

8.9 We will consider the information you have provided and determine your application. We will normally inform you of our decision at the meeting.

8.10 If you have any convictions or cautions, we will consider these in line with Appendices 10 and 11.

Granting your application

8.11 If you can show that you satisfy the requirements we will grant your licence.

8.12 If we grant your application, we will usually issue a licence for a period of 12 months.

Refusing your application

8.13 If you do not satisfy the requirements we will usually refuse your application.

8.14 A Licensing Regulatory Sub-Committee or an officer with the appropriate delegation will make the decision.

8.15 We will make a record of the reasons for our decision and we will provide you with a copy of that document.

8.16 You may appeal to the Magistrates’ Court within 21 days of our decision. If you intend to appeal the decision, we strongly advise you to seek legal advice.

Operating your licence

8.17 We will grant private hire operator’s licences with the standard conditions at Appendix 9.

8.18 We will deal with any breach of these conditions, in accordance with Appendices 10 and 11.

Renewing your licence

8.19 Before you can renew your private hire operator’s licence, you must be able to show that you have:

• a standard level DBS check certificate (or[14]Disclosure Scotland[15]basic disclosure) if the intended operating base is open to the public, a valid certificate of public liability insurance for the premises
• a list of vehicle and drivers that you will be operating
• written planning permission or a certificate of lawful use for the intended operating base

1. 1. If you have a conviction for a relevant offence, you should read our convictions policy for further guidance on whether the offence may prevent you from obtaining a licence.

1. 1. At least one month (but no more than two months) before your licence expires, you must apply to renew your licence so that we can carry out the necessary checks.

Page 34

1. 1. You must provide the following documents:

• completed application form to renew your private hire operator’s licence
• payment of the relevant fee (debit or credit card)
• if you do not hold a subscription to the DBS update service, a standard level DBS check certificate (or[16]Disclosure Scotland basic disclosure)
• if the intended operating base is open to the public, a valid certificate of public liability insurance for the premises
• a list of vehicle and drivers that you will be operating

8.23 If you do not provide the above information, we will be unable to process your application.

Making our decision

8.24 We will consider the information you have provided, determine your application and will normally inform you of our decision at the meeting.

8.25 If you have any convictions or cautions, we will consider these in line with Appendices 10 and 11 (relevance of convictions and cautions).

Granting your application

8.26 If you can show that you satisfy the requirements above, we will grant your licence subject to our standard conditions at Appendix 9.

8.27 If we grant your application, we will usually issue a licence for a period of 12 months.

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Appendix 9

Standard Private Hire Operators Licence conditions

9.1 The holder of this licence shall:

• provide a prompt, efficient and reliable service to members of the public at all reasonable times.
• ensure that when a vehicle is hired it arrives on time, unless delayed by circumstances beyond the operator’s control.
• ensure that any waiting areas for customers are tidy, well lit, heated and ventilated and that there is adequate seating and working telephone facilities.
• keep copies of the current vehicle and driver licences for each driver and vehicle operated by them.
• ensure that all drivers employed by them hold a private hire drivers licence issued by Guildford Borough Council.
• at all times, keep a copy of the licence and conditions issued to them at any premises used for the private hire business and shall make these available for inspection by any fare-paying customer or authorised officer
• keep a record of any complaints made to them by members of the public and make this record available for inspection by any authorised officer.
• must notify the Council within 7 days, in writing, of any of the following;

1. 1. 1. 1. change of company/trading name or addition of new names
         2. change of telephone number (business or personal) or addition of new numbers
         3. change of email address or addition of new email address
         4. any vehicle or driver joining or leaving the company
         5. a new conviction or caution
         6. if there is more than one operator, the removal of an operator from the licence or business

• shall keep the following information in a non-erasable form in a suitable log book or electronic format Vehicles:

1. 1. 1. 1. names of proprietors/drivers of each vehicle
         2. registration number, make, model, type, colour and engine
         3. plate number and expiry date of current licence
         4. number of passenger seats
         5. insurance details
         6. vehicle call signs

 Drivers: 

1. 1. 1. 1. names of all drivers
         2. badge numbers
         3. call signs
         4. expiry dates of current driver’s licences
         5. date each driver joined the operator and the date any driver left the operator Bookings:

Prior to each journey, the operator shall record the following information:

1. 1. 1. 1. date and time and location of pick-up
         2. name of passenger
         3. contact details of passenger
         4. the destination
         5. time at which the booking was made
         6. time at which the booking was allocated to the driver
         7. plate number and badge number of the vehicle and driver undertaking the booking

Page 36

1. 1. 1. 1. price quoted for the booking
         2. time that the booking was completed

Appendix 10

Guildford Borough Council Byelaws

P_{Page 53}age 37 of

Appendix 11

Compliance and enforcement

1. 1. Public safety is paramount. We will aim to achieve compliance with the law and licence conditions by offering guidance and advice to licence holders. However, we recognise that there may be some instances where we need to take further action to protect the travelling public and others affected by a licensee’s action.

1. 1. We will follow the Regulators[17]Code and the Health and Community Care Enforcement Policy and will base any enforcement action on the seriousness of the breach and the possible consequences arising from it. We will not take enforcement action as a punitive response to minor technical contraventions of legislation or licence conditions.

1. 1. We may use ‘mystery shoppers’ to test compliance with the law and taxi and private hire licence conditions.

1. 1. We aim to achieve and maintain a consistent approach when we make our decisions. In reaching any decision we will consider the following criteria:

1. 1. 1. seriousness of any offences or breach of conditions
      2. driver or operator’s past history
      3. consequence(s) of non-compliance
      4. likely effectiveness of the various enforcement options
      5. danger to the public

11.5 Having considered all relevant information and evidence, the normal options are one or more of:

1. 1. 1. take no action
      2. take informal action
      3. issue statutory notices (stop notices etc.)
      4. suspend a licence
      5. revoke a licence
      6. prosecution

11.6 It is essential that licence holders comply with reasonable requests for information or assistance from licensing and/or Police officers. Failure to do so may lead to disciplinary action being taken.

Informal Action

11.7 We may take informal action to secure compliance with legislation or other requirements. This includes offering advice, and verbal or written warnings. Such informal enforcement action may be appropriate in any of the following circumstances

1. the act or omission is not considered serious enough to warrant more formal action
2. from the individual driver or operator’s past history it can be reasonably expected that informal action will achieve compliance
3. confidence in the operator’s management is high
4. the consequences of non-compliance will not pose a significant risk to the safety of the public

11.8 Even where some of the above criteria are not met, there may be circumstances in which informal action will be more effective than a formal approach.

Page 38

Statutory notices

11.9 If we find a defect in your taxi or private hire vehicle, we may serve notice in writing requiring you to have the vehicle (or the taximeter in the vehicle) examined at the Woking Road Depot.

11.10 We will only serve this type of notice where we believe that the condition of the vehicle poses a threat to public safety or where we have reasonable grounds to suspect the accuracy of the taximeter.

Suspending or revoking a licence (vehicles)

11.11 We will suspend your vehicle licence where we have reasonable grounds to suspect that the condition of the vehicle is dangerous and poses a risk to passengers or other road users. For example, there is damage to the vehicle or the tyre tread is insufficient.

11.12 We may suspend your licence in addition to requiring you to have the vehicle tested as described above.

11.13 We will lift the suspension once we are satisfied that the condition of the taxi or private hire vehicle no longer poses an immediate danger to passengers or other road users.

11.14 We may revoke your licence where if it does not comply with the required vehicle condition or is dangerous and poses a risk to passengers or other road users and suspension of the licence is not appropriate. For example, if there is no reasonable prospect of repairing the damage, such as an accident write-off.

Suspending or revoking a licence (drivers)

11.15 We may suspend or revoke your driver’s licence if:

1. you are convicted of any offence involving dishonesty, indecency or violence
2. you are convicted of an offence under or have failed to comply with the relevant taxi and private hire legislation or
3. for any other reasonable cause

1. 1. Before we make our decision, we will consider the seriousness of your convictions, cautions, endorsements or other information which has been provided to us.

1. 1. Any other reasonable cause can include, but is not restricted to:

1. a suspension of your DVLA licence (either due to ‘totting up’ or drink drive and so on)
2. other offences not included in 8.14
3. a culmination of minor transgressions during the course of your licence, for example breach of licence conditions
4. an action that presents a risk to the public
5. obstruction of or being abusive towards an authorised officer f) touting

P_{Page 55}age 39 of

1. 1. If we suspend your drivers licence, we will do so for a defined period and we will inform you of our reasons.

1. 1. If we consider it is in the interest of public safety to suspend or revoke your licence with immediate effect, we will do so and we will inform you of our reasons.

Suspending or revoking a licence (operators)

11.20 We will usually revoke your licence if we are satisfied that you are no longer fit to be a licensed operator. For example, if you are convicted of an offence, or have demonstrated that you are using unlicensed drivers or vehicles and we are satisfied that you could be a danger to the public.

Prosecution

11.21 We recognise that it is a significant step to prosecute, however, we will consider prosecution in appropriate cases where we have sufficient evidence and we consider it is in the public interest to do so.

11.22 In general, the more serious the offence, the more likely we are to consider that prosecution is appropriate. We will take into consideration:

1. the overall seriousness of the offence and harm caused
2. if the offender also encouraged others to commit offences
3. the offence was pre-meditated
4. the offender showed disregard for the law
5. the offender stood to gain from the offence
6. the victim, if any, was vulnerable, suffered damage or felt threatened by the offence
7. there is significant environmental harm
8. the offence had a discriminatory element, for example on the basis of race or religion
9. the offender has previous convictions or Cautions that are for offences that have some similarity with the current one
10. there is likelihood that further offences might be committed.

1. 1. When we identify circumstances, which may warrant a prosecution, we will consider all relevant evidence and information to enable us to make a consistent, fair and objective decision.

1. 1. The Executive Head of Governance will make the final decision on whether to prosecute.

Appeals

11.25 If we suspend or revoke your licence we will make a record of the reasons for our decision and we will provide you with a copy of that document.

11.26 If we decide to suspend or revoke your licence, you may appeal to the Magistrates’ Court within 21 days of our decision (with the exception of applications for new hackney carriage vehicle licences where the appeal is to the Crown Court.) If you intend to appeal the decision, we strongly advise you to seek legal advice.

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[[Image:]]

Taxi Licensing Consultation

Research Report

Prepared By

[[Image:]]

Report (V01) February 2015 Page 59

Contents Page

1.0 EXECUTIVE SUMMARY .................................................................................... 3

2.0 INTRODUCTION .............................................................................................. 5

3.0 METHODOLOGY AND SAMPLE ...................................................................... 6

3.1 Local taxi and private hire trade ............................................................................ 6

3.2 General Public .......................................................................................................... 6

4.0 FINDINGS ........................................................................................................ 9

4.1 Vehicles ...................................................................................................................... 9

4.2 Drivers ....................................................................................................................... 24

4.3 Private Hire Operators ............................................................................................ 30

4.4 Vehicle Conditions ................................................................................................. 31

4.5 Number of Taxi Vehicles ........................................................................................ 32

4.6 Wheelchair Accessible Vehicles .......................................................................... 36

4.7 Driver Training .......................................................................................................... 42

4.8 Additional Comments ............................................................................................ 46

CONCLUSION, RECOMMENDATIONS & GUIDANCE ............................................. 47

APPENDICES ............................................................................................................ 49

Appendix One Questionnaire ....................................................................................... 49

Appendix Two Additional Comments (Questionnaire) ............................................. 57

Appendix Three Workshop Script .................................................................................. 64

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1.0 Executive Summary

The telephone research highlighted broad backing for the Guildford Borough Council draft taxi and private hire licensing policy [2015] and presents an evidence base of public opinion to support implementation of specific revisions.

The quantitative aspect of the research, consulting approximately 336 Guildford residents elicited that 87% agreed with the proposed vehicle requirements and almost all respondents agreed with the proposed conditions for taxi vehicles (96%). 84% agreed with the concept of liveried taxis [of which 59% supported ‘Guildford branding on the body of the car’].

93% of respondents expressed agreement towards the conditions applicable to private hire operators and 91% of respondents expressed agreement towards the proposed conditions for private hire drivers

Almost three-quarters (73%) of respondents felt that it should be compulsory for new applicants to complete an NVQ level 2 prior to becoming a driver [though agreement fell to 55% when considering whether existing drivers should be required to complete this qualification]. Around half (51%) of respondents agreed that a restriction on the number of taxis should be enforced, a further third (32%) said the number should not be limited.

Within the quantitative research exercise, the areas of the draft policy which did not receive the majority of public support were around wheelchair accessibility and the introduction of a standard uniform for drivers. 64% indicated that they did not agree that there should be a requirement for saloon vehicles to be converted into wheelchair accessible vehicles, while 68% disagreed with the requirement of a standard driver uniform to be included in the policy.

All qualitative consultations with taxi and private hire drivers supported some aspects of the policy draft however, challenged a number of inclusions in their entirety. The adoption of a universal livery was unequivocally rejected while stakeholders were able to consider the importance of public confidence and the identity of the industry. Developments and the integration of technology in the industry such as the sending of digital images of the drivers were seen to supplant the value of a livery.

Additionally, the use of a livery was described as an ineffective tool to challenge ‘touting’ and ‘illegal taxis’ which were thought to be of greater priority in the borough.

The need for wheelchair accessibility within the borough was acknowledged as being fundamental by the stakeholders consulted though the value of a ‘mixed fleet’, diversity and passenger choice was seen as greater importance.

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Delegates and respondents to the quantitative aspect expressed similar views that wholesale adoption of wheelchair accessibility would create both significant cost implications for divers / firms and be disproportionate to the level of need in the area,

‘The provision should be market driven and not led by the policy’.

Taxi / private hire drivers and the public were in agreement regarding both the adoption of wheelchair accessible vehicles and the proposed standard uniform for licensed drivers in the borough. Industry stakeholders again reflected on the need for appropriateness in attire given their public facing roles, though generally supported the inclusion of a smart dress code over a standardised uniform. While the liability of associated costs was prevalent in this and the broader consultation the qualitative research reflected on further rationales.

The notion of ‘enforcement’ was a thread running throughout the stakeholder engagement exercises and appeared to be representative of many views towards inclusions in the draft licensing policy from industry representatives. There was a developing argument from with the cohorts that although many of the proposals in the document alluded to integral aspects of the taxi trade – public confidence, safety, and quality assurance, the suggested measures were at times disproportionate to the level of need or felt to substituting the importance of enforcing another approach. Levels of council enforcement was cited as an issue regarding the appropriate clothing for the role, the management of illegal touting [by both Hackney Carriages and Private Hire drivers] and the condition of licensed vehicles.

While feelings towards the adoption of an NVQ qualification into the policy was tested in a separate line of questioning, that too revealed the stakeholder issue of ‘enforcement’ and suggested GBC could re-focus,

“An NVQ would not help. The only way to be good at the job is to serve your time as a Private Hire driver and then sit the Knowledge [test]. GBC should concern themselves with getting this process and system right before they consider an ‘as well as’ qualification”.

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2.0 Introduction

Background

Guildford Borough Council’s current taxi licensing policy was introduced in 2011 however, the council has identified that an update to the policy would be beneficial in order to make the policy clearer for operators, drivers and passengers and would align it to recommendations set out by the Law Commission.

A draft policy for taxi and private hire licensing was created in consultation with the local taxi and private hire trade, with key changes being:

• Livery for taxis
• Taxi numbers
• Wheelchair accessibility
• Conditions for private hire drivers, taxi drivers and private hire operators  Vehicle specification

The draft taxi and private hire licensing policy is as follows:

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Taxi and Private Hire Licensing Draft Policy.pdf

Guildford Borough Council commissioned SMSR Ltd, an independent research company, to undertake a consultation to enable local residents and those affected by the changes to have their say on the draft policy. The aim of the consultation was to understand opinion of the proposed changes in order to inform and guide the decision making process with regards to the final policy.

Report Structure

This report details findings from the consultation which was undertaken between 10^th November 2014 and 9^th February 2015.

The feedback has been presented in themes, with feedback being collated and reported under each of the proposed changes. Included in the report is findings from both the qualitative and quantitative aspects of the consultation.

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3.0 Methodology and Sample

It was important that the methodological approach was robust and wide-reaching and therefore it was decided that a combination of methodologies would be utilised. The overview of the approach was as follows:

3.1 Local taxi and private hire trade

The qualitative phase of the project was fundamental in ensuring a robust sample was achieved, which included a significant number of representatives of taxi and private hire industry representatives. It was also important to gather qualitative information which would complement these findings and provide a more detailed understanding of the topics covered. This part of the consultation was divided into two sections: stakeholder focus groups, facilitated within Guildford Borough Council and ‘on-site’ one-to-one and friendship interviews.

Three focus groups were facilitated with 22 representatives of the borough’s taxi and private hire industry. In addition, a total of 26 further representatives were engaged using the one-to-one and friendship group methodology.

The profile of the qualitative sample ensured the following target groups were included;

Private Hire Drivers

Hackney Carriage Drivers

Private Hire Operators

3.2 General Public

A questionnaire was designed and developed in conjunction with officers at Guildford Borough Council. The process ensured that all draft versions of the questionnaire were piloted and tested. In addition, the questionnaire was sent to all key stakeholders prior to fieldwork being undertaken to ensure they had the opportunity to input and comment on the survey. A copy of the final questionnaire can be found in the appendices.

When the questionnaire was approved an online link was produced. This link was promoted to local residents in various ways, including through the issuing of a press release. The online survey was accessible via a dedicated page on the council’s website from 10^th November 2014 to 9^th February 2015.

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In order to gather views from residents who were representative of the population of Guildford as a whole, the questionnaire was also transferred into a postal format and sent to the 1,000 members of the Guildford Borough Council Citizens’ Panel. Panel members were recruited in 2010 and 2013 using stratified sampling and have agreed to be the test bed of public opinion within the borough.

Included in the report is a set of top-line findings which provides quick reference to all of the questions asked throughout the quantitative survey. In addition all questions have been analysed by respondent type and any significant differences have been presented in this report.

It should be noted that when the results are discussed within the report, often percentages will be rounded up or down to the nearest one per cent. Therefore occasionally figures may add up to 101% or 99%. Data in this report is not weighted. In total 336 residents from across the Guildford Borough took part in the quantitative element of the consultation.

In order to better understand the views which were given respondents were asked to state in what capacity they were completing the questionnaire and the frequency in which they used taxis within the area. The results were as follows:

Respondent	Number	% of sample
A Guildford taxi driver (with current licence)	21	6.3
A Guildford private hire driver (with current licence)	6	1.8
A proprietor of Guildford plated hackney carriage vehicle	12	3.6
A proprietor of Guildford plated private hire vehicle	4	1.2
A Guildford private hire operator	3	0.9
A local resident	250	75.5
Someone who works in Guildford	66	19.9
Someone who visits Guildford	74	22.4
A member of a trade association	22	6.6
A member of a community group	28	8.5
Other	2	0.6

How often do you use taxis in Guildford?	Number	% of sample
Every day	2	0.7
At least once a week	14	4.6
At least once a fortnight	15	4.9
At least once a month	47	15.4
Less often	228	74.5

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In addition, a series of demographic questions was asked for equality monitoring purposes. The demographic breakdown of responses was as follows:

Gender	Number	% of sample
Male	186	55.4
Female	147	43.8
Prefer not to say / Missing	3	0.9

Age	Number	% of sample
16 to 34	26	7.7
35 to 44	42	12.5
45 to 54	69	20.5
55 to 64	71	21.1
65 to 74	80	23.8
75 or above	38	11.3
Prefer not to say / Missing	10	3.0

Ethnicity	Number	% of sample
White	313	93.2
BME	14	4.2
Prefer not to say / Missing	9	2.7

Disability	Number	% of sample
Yes	29	8.6
No	302	89.9
Prefer not to say / Missing	5	1.5

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4.0 Findings

4.1 Vehicles

4.1.1 Vehicle Requirements (General Public)

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The majority (87%) of respondents agreed with the vehicle requirements set out in the draft taxi and private hire licensing policy. Although a tenth of respondents indicated that they did not agree with the requirements, a further 3% said that they were unsure.

More than nine-tenths (92%) of female respondents agreed with the proposed vehicle requirements, meaning agreement was around a tenth higher than among male respondents (83%).

Agreement towards the vehicle requirements tended to increase with age, with more than nine-tenths of respondents aged 65 and over expressing agreement compared with around eight-tenths of those aged 44 and under (with agreement being 93% and 81% respectively).

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If no, please say why you do not agree. (Base: 36)
Reason	Number	%
Livery is not necessary / is a barrier for drivers / operators	13	39.4
Vehicle choice should be left to drivers / not all should be wheelchair accessible	6	18.2
Engine size should not be restricted / equivalent to 1400cc is acceptable	4	12.1
Due to the costs for drivers	4	12.1
Not comprehensive (e.g. fuel consumption, exhaust fumes, satnav, computer booking technology)	4	12.1
It is not needed / no reason to change current requirements	3	9.1
Discourages use of hybrid / electric / hydrogen vehicles	1	3.0
Requirement should be dependent on the type of car (i.e. petrol or diesel)	1	3.0

Among the 36 respondents who provided a reason as to why they did not agree with the vehicle requirements, 39% (13 respondents) said it was due to the livery being unnecessary or a barrier for drivers / operators.

Disagreement with the vehicle requirements was also a result of the requirement for a specific vehicle type (18%) and engine size (12%) or the implementation costs for drivers (12%).

Some respondents felt that the outlined requirements were not comprehensive, and additional conditions should be added, with these comments being:

“I think that the specification should be more stringent. Hybrid only, no diesel. Child seats available. Livery as standard. Taxi test essential.”

“Too basic, a starter level. It should include vehicle rear doors for passengers to access in the back.”

“No reference to fuel consumption and exhaust fumes, diesel vs petrol. No reference to Satnav / computer booking.”

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4.1.2 Vehicle Requirements (Trade)

There was also support from the trade for the vehicle specification which was proposed in the draft policy, as the majority of stakeholders believed it did not represent a significant departure from existing governance and represented a common sense approach to the industry and public / driver safety.

“This specification of sorts has always been in the policy. I don’t think the majority of people will take issue with it. The problem is the council don’t enforce it”.

“It is pretty much what the current spec is anyway so there are no issues with that”.

“[it is] much like the old policy”.

While the vehicle conditions received support, there was criticism about the council’s commitment to enforcement of the criteria.

“Vehicles should be safe etc. Yes, of course they should, but how would the council ever know, they don’t leave the office to check”

There was a counter-view to this belief which suggested that the council were responsive to enforcing vehicle standards while the weakness was perceived to be in their ability to develop a broader or active relationship with industry.

“They come and inspect your vehicle but don’t just come down for a chat; there is no relationship between us and the council”

A number of delegates expressed their preference for the service when it was located at the Woking Road site. Primarily they believed this former service offered a greater level of scrutiny of vehicle conditions and it was also representative of a time with greater transparency.

“There is no way that GBC will know what the conditions of the cars are like. They cannot check the vehicles from their current site. They used to be based on Woking Road and from there they could check the vehicle and make sure the meter was running correctly etc.”

“It should be moved again, it should be self-financing as they are not allowed to make a profit from this service so it should be moved”.

“…they do make a profit though. There is absolutely no transparency, they tell us to be transparent but they aren’t”.

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Stakeholders voiced their questions relating to a number of inclusions in the draft policy were they felt the rationale was unclear, though this was not in the context of a rejection of the concept.

“Why aren’t the PSV [Public Service Vehicle] criteria enough? Why do GBC have to have their own standards when there is national governance already in place”?

“Damage free… what does that mean”?

“Displaying the fare chart is okay but what about drivers that comes into Guildford from other boroughs that have a different one”?

“They have time to come out and check our vehicles but not to enforce any of the bigger issues”.

4.1.3 Livery (General Public)

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More than four-fifths (84%) of respondents felt that a standard livery should be introduced for all taxis, meaning only a small minority said that such an introduction should not be made (12%).

Female respondents again expressed greater support than male respondents, with 86% compared with 83% indicating that a livery should be introduced for taxis. Support for the introduction of a livery was also higher among respondents with a disability (89%) when compared with those who did not have a disability (84%).

Younger respondents expressed the greatest opposition towards a standard livery, with more than a quarter (27%) of respondents aged 16 to 34 saying that a livery should not be introduced.

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If no / don’t know, please say why. (Base: 59)
Reason	Number	%
Cost (expensive to add, increase costs for passengers)	26	57.8
Unnecessary / no perceived benefits	24	53.3
Do not know enough to comment	3	6.7
Do not think it would look good	2	4.4
Can be falsified	1	2.2
Will deter potential drivers / reduce number of drivers	1	2.2
Operators should be allowed to have advertisements instead	1	2.2
Would depend on the livery (e.g. style, size, layout, etc)	1	2.2

The main reason for opposing a standard livery was the associated costs (58%), with some respondents expressing concern that the costs incurred by the driver / operator would be recouped through increased costs for service users.

In addition, more than half (53%) of respondents felt that a livery was unnecessary and offered no benefits to the industry or community.

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Respondents who indicated that there should be a livery on taxis, were asked to provide further details on their preferences with regards to type and style of livery.

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The largest proportion (59%) of respondents felt that a livery should be in the form of Guildford branding on the body of the car, while around a quarter (26%) of respondents said a standard full car colour should be introduced. A little more than a tenth (11%) of respondents said that the livery should be a standard part car colour, while 4% of respondents felt other / alternative options to those listed should instead be considered.

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Please describe your chosen livery. (Base: 280)
Reason		Number	%
Council logo / logo relating to Guildford located on door / side of the vehicle		67	33.8
Anything which would be hard to imitate / clearly distinguishes vehicle		40	20.2
Set colour on doors		23	11.6
Council logo / logo relating to Guildford (location unspecified)		23	11.6
Set colour on bonnet		18	9.1
Council logo / logo relating to Guildford located on bonnet		15	7.6
Coat of arms		13	6.6
Set colour on roof		11	5.6
Set colour on rear / boot		11	5.6
Council logo / logo relating to Guildford located on rear		9	4.5
Word ‘taxi’ (or similar) located on door / side of the vehicle		9	4.5
Band around the car		6	3.0
Light on top		6	3.0
Picture(s) of Guildford on entire car		6	3.0
Anything to match the Guildford Borough Council branding		4	2.0
Similar to Brighton and Hove / other towns		4	2.0
Operator name/ contact details		4	2.0
Word ‘taxi’ (or similar) (location unspecified)		3	1.5
Different depending on the operator / whether private hire / Hackney Cab		3	1.5
Taxi licence plate / badge to show licensed		3	1.5
Word ‘taxi’ (or similar) located on rear		1	0.5
Advertisements		1	0.5

When describing the preferred livery, it was most common for respondents to opt for it to be located on the side of the vehicle; around a third (34%) said that this should be in the form of the council logo / logo related to Guildford, while a little over a tenth (12%) said the door(s) should be in a set colour.

A fifth of respondents expressed no preference with regards to the style or design of the livery, but instead specified that anything which was hard to imitate or which would clearly distinguish the vehicle.

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Please describe your chosen livery. COLOUR (Base: 127)
Colour		A standard full car colour (%) (Base: 60)	A standard part car colour (%) (Base: 15)	Guildford branding on body of car (%) (Base: 51)
Any bright colour		6.7	13.3	5.9
Black / any other dark colour		16.7	-	9.8
Blue / purple		3.3	13.3	5.9
Fluorescent / glow in the dark		-	-	2.0
Green		6.7	-	3.9
Metallic (gold, silver)		5.0	-	2.0
Orange		-	6.7	-
Red / maroon		6.7	6.7	5.9
Something uncommon in cars		5.0	-	2.0
Teal (i.e. to match the council logo)		15.0	13.3	37.3
To match the Guildford flag		-	6.7	3.9
White / cream		13.3	13.3	13.7
Yellow		21.7	26.7	7.8

Respondents provided a variety of colours to be used for the livery, however, the teal used by Guildford Borough Council was popular across all types of livery. Respondents whose preferred livery was a standard full or part colour car also frequently selected yellow as their preferred colour.

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If a livery is to be introduced, respondents tended to opt for shorter timescales for implementation. Around three-quarters (74%) of respondents felt up to two years was an appropriate timescale, with more than a third (35%) saying the introduction should be complete within a year. More than a tenth (13%) of respondents said a fixed timescale should not be enforced but instead the livery be adopted when the vehicle is replaced.

Timescale for introduction of the livery compared with the livery chosen
Chosen livery	Base number	Timescale
6 months – 1 year (%)	1 – 2 years (%)	3 – 4 years (%)	5 years (%)	When vehicle is replaced (%)
A standard full car colour	61	29.5	41.0	4.9	6.6	18.0
A standard part car colour	28	28.6	46.4	14.3	0.0	10.7
Guildford branding on body of car	158	40.5	39.2	6.3	1.9	12.0
Alternative options	8	12.5	50.0	12.5	25.0	0.0
Other	3	66.6	33.3	0.0	0.0	0.0

The timescale for introduction of the livery was dependent upon the livery which was chosen, with it being more common for respondents who had opted for Guildford branding to give the shortest timescale (i.e. 6 months to 1 year).

Although 71% of respondents who selected a full car colour as their chosen livery said the introduction should be within 2 years, a further 18% said that the change should not be required until the vehicle is replaced.

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Please give reasons for your answer. (Base: 268)
Reason	Timescale
6 months – 1 year (%) (Base: 94)	1 – 2 years (%) (Base:102)	3 – 4 years (%) (Base: 30)	5 years (%) (Base: 8)	When vehicle is replaced (%) (Base: 31)
I think this timescale is appropriate / reasonable / allows enough time for change	10.6	62.7	66.7	25.0	38.7
The sooner the better / should be done as soon as possible / why wait?	48.9	5.9	-	-	-
Time is needed due to the costs of introduction	1.1	14.7	16.7	37.5	58.1
Suggested livery is quick to apply / inexpensive	20.2	6.9	-	12.5	-
Due to the improvements the livery will bring	17.0	2.0	13.3	12.5	-
Sufficient time to develop the policy / inform people of the change	1.1	7.8	3.3	-	3.2
It should depend on the type of livery that is decided upon	1.1	-	-	-	-
Coincide with station redevelopment	-	-	-	12.5	-

Respondents who said the livery should be implemented within six months to a year, most frequently said they had selected this timescale as the change should be made as soon as possible, or they felt there was no reason to wait (49%).

Those giving a timescale of between one year and four years, most frequently said that this timescale was appropriate / reasonable or allowed enough time for changes to be made (one to two years: 63%, three to four years: 67%).

Respondents who specified the longest timescale (i.e. five years) or introduction when the vehicle was replaced, said they had allowed this timescale due to the costs of making such changes (five years: 38%, when the vehicle is replaced: 58%).

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4.1.4 Livery (Trade)

The face to face engagement elicited extensive disapproval to the concept of a universal livery on licensed vehicles in Guildford. There was both confusion and criticism regarding the rationale for its inclusion in the draft policy. Drivers referenced three key themes within the discussion;

1. Interloping
2. Touting
3. Cost

Delegates considered the authorities motivation to include the livery concept as ‘misplaced’ and reflected ‘Guildford Borough Council seems to think Guildford is actually bigger than it really is’. Without an evidenced process underpinning the livery concept, contributors to the consultation made assumptions surrounding its inclusion.

“There is no public demand for a liveried fleet but they [GBC] won’t say who put that proposal in. This information has been asked for through a Freedom of Information Request”.

There was further speculation that a degree of consultation had been undertaken and that the response(s) was used as an indicator to include livery in the draft policy. One delegate questioned the legitimacy of this process as not carrying sufficient credence to underpin draft policy revisions,

“One driver didn’t object to livery idea but he is a unique case as he has a shared car that is not used for leisure so doesn’t care about liveries”.

While the significant majority rejected the suggestion of universal livery they did consider its possible intentions, for example, its role in public confidence.

“Not needed, we have enough signage already; we have so many signs to reassure members of the public, new technology like digital images of drivers on the way”.

“If I am a member of the public I’m not interested in the livery, just the cost and that it is a taxi and it is safe”.

There were two contributions, in isolation, that acknowledged the possible value in the livery approach, they were specific and one centred on Hackney Carriages only.

“What about livery for Hackneys because they have a mixed fleet with so much diversity in the vehicles – it could be something that puts them under one banner”.

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The second strand of this support was focussed on the issue of ‘interloping’ licensed vehicles from other boroughs entering Guildford.

“The only positive is that you would notice the cars from outside of the borough”.

While others considered that livery was not an appropriate challenge to the problem of out of area licensed vehicles.

“Instead of worrying about a livery the council should enforce other areas of the policy or concentrate on things like age restrictions on vehicles. I saw a scabby v-reg Vito with Elstree license plates which was driving around Guildford with 5’s&6’s stickers on its door. Asking all Guildford drivers to have liveried cars won’t prevent this will it”?

The weakness of livery as a challenge to interloping was extended to the perceived problem of ‘touting’, in the main described as Private Hire vehicles operating as Hackney Carriages and Hackney Carriages collecting pre-booked fares. Stakeholders considered, the less there is to distinguish Private Hire vehicles from Hackney Carriages, the greater the likelihood of collecting one another fares.

“A universal livery would just make the situation worse”.

“At the minute people fall out of pubs and into Private Hire vehicles. These drivers are not insured to collect fares like this. If all cars in GBC look the same, this will be even harder to prevent”.

As in other domains of the consultation, cost was raised as a key driver for resistance to the draft policy. Within the fiscal debate, questions were raised in the first instance about the liability of any costs as a result of any policy change. This developed into questioning the necessity of additional costs, offset against the value these revisions will add.

“Universal livery – no. We are not employees of the council so why should we. It will cost us something, why should we pay for something we don’t want”.

“Livery is an unnecessary cost to GBC, the drivers and Private Hire firms”.

“I presume the drivers would have to pay for this”.

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There were some peripheral discussions outside of the three primary reactions to the livery concept and they included the impact on different disciples of the licensed vehicle trade. A stakeholder operating a ‘plate-exempt’ service described how discretion was fundamental to his livelihood and a ‘one-size-fits-all’ approach would impact negatively on his business. He added,

“Chauffer clients would not want to get in”.

One delegate described the impact the necessity of a livery may have on the quality of the taxi fleet in the borough.

“There is a very good specification of car in Guildford. If a driver thinks that his car will get sprayed or wrapped they will then buy a lower spec of car”.

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4.1.5 Age Limitations (General Public)

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At present, licences are not renewed for vehicles over a certain age, with this age being 10 years old for saloon cars and 15 years old for purpose built hackney carriages. A little over two-thirds (67%) of respondents felt that the regulations which related to the age of the vehicle should remain unchanged, however, a further quarter said that the age limit should be lowered. Only 8% of respondents said that the age restrictions should be increased so that older cars were also included.

Support for increasing the age limit when licensing vehicles was higher among respondents who worked within Guildford (14%), while visitors to the borough most frequently said that the age limits should remain the same (79%).

Three-quarters of female respondents indicated that the age limits should remain unchanged, 13% higher than male respondents who felt that this was the case. Male respondents more frequently said that age limits should be lowered (male: 28%, female: 20%).

Older respondents most frequently said that the age limit for licensing should be lowered (29% of those aged 65 and over), whereas the youngest respondents within the sample most frequently said there should be no change in the age limit applied to vehicle licensing (76% of respondents aged 16 to 44).

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Reason for chosen limitation compared with the age limit chosen
Reason		Opinion on regulation
Stay the same (%) (Base: 143)	Age limit lowered (%) (Base: 84)	Age limit increased (%) (Base: 29)
I think these age limits are reasonable		23.8	-	-
No reason to change the current policy		18.9	-	-
Mileage / make / condition of the car is more important than age		12.6	2.4	48.3
Vehicles are usable / in good working order for this period		11.9	1.2	24.1
Older vehicles give a bad image / suffer wear and tear / less reliable		9.8	14.3	-
Newer vehicles are safer / more reliable / fuel efficient		7.0	34.5	6.9
Replacing vehicles is expensive / causes pollution		7.0	-	6.9
All vehicles should be inspected when licence is renewed		2.8	1.2	10.3
Older vehicles are less fuel efficient / cause more pollution		2.1	11.9	-
Vehicles should be modern / promote a good image		0.7	13.1	-
Generally think 10/15 years is too long / cars would be too old		-	10.7	-

Respondents who felt that the age limits set out in the current policy should remain unchanged, said this was due to these age limits being reasonable (24%) or there being no reason to make changes (19%).

Few respondents indicated that the age limits should be increased, however, those who did said this was due to mileage / make / condition of the car being more important than age (48%), or vehicles being usable or in a good working order for a longer period than is currently specified (24%).

The argument for reducing the age limits for licensing vehicles was that newer cars were either safer, more reliable or more fuel efficient (35%); in addition, more than a tenth of respondents felt that newer vehicles promoted a better image and were more modern (13%).

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4.2 Drivers

4.2.1 Conditions for Private Hire Drivers (General Public)

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Around nine-tenths (91%) of respondents expressed agreement towards the proposed conditions for private hire drivers, while only 6% said that they did not agree with these conditions.

Agreement was high across all respondents, with at least nine-tenths of respondents from most demographic groups saying that they agreed with the conditions for private hire drivers. However, despite support generally being high, agreement was lower among respondents aged 16 to 34 (84%) and 45 to 54 (88%) and those with a disability (83%).

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If no, please give reasons for your answer. (Base: 21)
Reason	Number	%
Everyone should have a medical check, regardless of age	5	23.8
Medical checks should start from a later age	4	19.0
Regulations need to be enforced / penalties given for those who do not comply	3	14.3
More training / testing is needed (e.g. spoken English, knowledge of area they will be working in)	3	14.3
DBS checks should be a requirement for all drivers	2	9.5
Medical checks are unnecessary	1	4.8
Reference should be made to new technology / booking systems	1	4.8
Licence is not necessary to become a private hire driver	1	4.8
Need to differentiate between meter and private hire taxis	1	4.8

Among the minority of respondents who did not agree with the conditions applicable to private hire drivers, the greatest reasons for non-agreement related to the mandated medical check. Around a quarter (5 respondents) felt that the medical check should be undertaken by all applicants, regardless of age, however, a further 19% (4 respondents) said that medical checks should start from a later age than is specified in the draft policy (the draft policy requires drivers aged 45 and over to complete this examination).

4.2.2 Conditions for Private Hire Drivers (Trade)

Aspects of the policy revisions which focussed on driver criteria received muted support throughout the consultation. Examples include expectations of a drivers behaviour and punctuality which although received support, was conditional on a degree of flexibility.

“Some concessions for things like road works… why do the council carry out road works after half term”?

“To say ‘arrive on time’ is okay, but you would have to consider this if it is going into a policy as sometimes it is beyond a drivers control”.

“Be polite and courteous – not all drivers start off like this so why should they become it? Some of them will sit outside a house, beeping their horn and not helping passengers with their luggage”.

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While a significant majority supported the value of licensed drivers undertaking a medical examination, the feedback was indicative of the wider consultation in that there was agreement [only] in part. Industry representatives questioned the motivation to specify 45 years, often reflecting this requirement should be indiscriminate of age.

“Any driver that is 45 years or older requires a medical – why 45 years old, where did that come from”?

“I am not adverse to a medical exam; every driver should have one, regardless of age”.

In addition to questioning the thinking behind the recommended age, the discussion drew responses which focussed on cost – specifically, their liability.

“Drivers over forty five years old completing a medical? “A bit too much, every 3 years to renew a licence, its £80-90 quid”.

There appeared to be scepticism surrounding the rationale, again, inviting comments focussing on the financial implications to drivers of this policy change. It was suggested that these changes were outside the ‘norm’ and that although it purports to be in the interest of safety, it did not reflect the expectations of other vehicle license criteria.

“I have a Class 1 HGV Licence and I only have a medical every 5 years”.

Revised suggestions were elicited within the consultation that focussed on current physical health of a driver and were less determined by age.

“Maybe if it wasn’t based on age but based on weight or waist line – then it’s more about health rather than work – more about well-being.”

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4.2.3 Introduction of a Uniform (General Public)

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Less than a quarter (22%) of respondents agreed with the proposal to introduce a standard uniform for drivers, with around two-thirds (68%) disagreeing that such a requirement should be included in the licensing policy. A tenth of respondents said they did not know whether a standard uniform should be introduced for private hire drivers.

The opinion that drivers should be required to wear a uniform was significantly higher among female respondents (29%) when compared with their male counterparts (16%). Similarly, respondents with a disability (35%) expressed higher agreement than those who did not have a disability (21%) towards the introduction of a uniform.

Respondents aged 45 to 54 expressed greatest opposition to the introduction of a standard uniform for drivers, with more than three-quarters (78%) of respondents from this age group saying that they did not agree with this proposal.

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If no, please give reasons for your answer. (Base: 271)
Reason	Number	%
It is not needed / this would be excessive / no perceived benefits	91	33.6
A clean / tidy / smart appearance is sufficient	72	26.6
Cost (expensive to buy, increase costs for passengers)	42	15.5
ID badge / livery could be used instead	37	13.7
Uniform is too formal / does not make passenger / driver feel comfortable	19	7.0
Too difficult to enforce / regulate	7	2.6
Uniform should be decided by the operator	3	1.1

Around a third of respondents who did not agree with the introduction of a standard uniform felt that a prescribed uniform was unnecessary, would be excessive and / or offered no benefits; in addition, 27% said that a clean / tidy / smart appearance was sufficient and 14% said an ID badge / livery was enough to enable verification.

Some respondents did not agree with the introduction of a uniform due to the potential negative impacts, with 16% saying that a uniform would be costly and therefore it may result in an increase in fares and 7% said that a uniform would be too formal and could possibly make either driver or passenger feel less comfortable than they would otherwise be.

If yes, please describe what you think the uniform should be and why. (Base: 136)
Reason		Number	%
Jumper / shirt / t-shirt / polo shirt		32	23.5
Trousers / skirt		17	12.5
Visible logo / badge		15	11.0
Jacket		10	7.4
Suit		10	7.4
To make them easily recognisable		10	7.4
Something smart-casual / plain / simple		9	6.6

Among the 136 respondents who agreed that a uniform should be introduced, 24% felt the driver should be required to wear a standard jumper / shirt / t-shirt / polo-shirt while 13% said the uniform should incorporate a prescribed trouser or skirt.

Around a tenth (11%) of respondents who felt drivers should be required to wear clothing which had a visible logo or, alternatively an ID badge should be worn.

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4.2.4 Introduction of a Uniform (Trade)

When considering the strengths and weaknesses of a proposed driver ‘uniform’ the narrative again contained affirmations alongside many challenges to the concept. The support was felt to be much more aligned to the notion of guidelines or a ‘dresscode’ rather than a uniform

Many delegates appeared to already apply this as part of a service to the public and recognised the contribution attire would have in public confidence and expectation.

“Having a GBC logo on a uniform would help members of the public identify drivers from the borough”.

“Pubic confidence should be considered. Some members of the public have complained about driver’s attire before”.

When the focus groups were offered this question and it was framed specifically as a ‘uniform’, the idea received much criticism. This included.

“Not a f*****g chance”.

“You have more chance of taking a pee in the queen’s hand”.

“A uniform? Don’t dictate, we are no longer employees. The vast majority do dress smartly and they should. Unless the council pay for it and a pension etc. then no don’t dictate a uniform”.

Given the strength of feeling towards GBC from sections of the local industry, it is difficult to ascertain if some of the motivation for rejecting the idea was in part about rejecting the borough’s authority as much as anything else. When discussing the broader attitudes towards a ‘dress-code’ the dialogue appeared more constructive and progressive.

“Imagine yourself as a middle-aged woman coming out of the station and walking onto the rank to see a man with bare arms, shorts and unshaven”.

“In terms of dress code, I have seen Private Hire drivers in shorts, short sleeves and flip-flops. It is not appropriate when you are serving the public”.

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Within the discussion delegates considered indicative costs and shared their views of enforcement. Both are threads which can be seen throughout the policy consultation.

“Would this be a council uniform and who would pay for it”?

“Private Hire firms dictate to drivers what to wear, the council needs to enforce this in Hackney Carriages”.

4.3 Private Hire Operators

4.3.1 Conditions for Private Hire Operators (General Public)

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More than nine-tenths (93%) of respondents expressed agreement towards the conditions applicable to private hire operators, with agreement being particularly high among female respondents (96%) and respondents aged 65 and over (97%).

Only 3% of respondents did not agree with the outlined conditions for private hire operators, predominantly due to the view that additional conditions were required:

• Geographic parameters for operators should be introduced and enforced (3 respondents)
• More comprehensive information is needed on drivers (e.g. insurance, DBS checks) (2 respondents)

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4.4 Vehicle Conditions

4.4.1 Conditions for Taxi Vehicles (General Public)

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Almost all respondents agreed with the proposed conditions for taxi vehicles (96%), with agreement being particularly high among female respondents (98%) and respondents aged 55 to 64 (99%).

Among the 14 respondents who said they did not agree with the conditions applicable to taxi vehicles, 10 provided an explanation as to why they did not. The responses given were:

If no, please give reasons for your answer. (Base: 10)
Reason	Number	%
Don’t agree with the livery requirement for vehicle	3	30.0
Regulations need to be enforced	2	20.0
Fare charts should be visible / handed to all passengers	1	10.0
Driver’s photo licence should be visible	1	10.0
Only a small number of people need wheelchair accessible vehicles / converting all is excessive / unnecessary	1	10.0
Should have a choice between saloon and wheelchair accessible	1	10.0
There should be consistency across all vehicles	1	10.0

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4.5 Number of Taxi Vehicles

4.5.1 Number Restrictions (General Public)

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Opinion was divided in regards to restricting the number of taxis within the borough; although around half (51%) of respondents agreed that such a restriction should be enforced, a further third (32%) said the number should not be limited and 16% said they did not know.

Around three-fifths (57%) of male respondents said that there should be a limit on the number of taxis operating within the borough, however, support for this proposal fell to around two-fifths (44%) among female respondents.

Support for restricting the numbers of taxis was highest among older respondents (54% of respondents aged 65 and over agreed that numbers should be limited); while respondents aged 45 to 54 most frequently expressed opposition towards this proposal (38%).

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If no, please give reasons for your answer. (Base: 92)
Reason	Number	%
The number of taxis will be self-regulated by the market / demand	37	40.2
Large numbers of taxis improves availability / lowers fares / increases competition	18	19.6
Fewer taxis available would reduce taxi use / availability / increase fares / reduce competition	11	12.0
This would be excessive / no perceived benefits	10	10.9
More taxis are needed in the area	8	8.7

A significant reason why respondents felt that the number of taxi vehicles should not be restricted was the view that this was not necessary as the number of vehicles is, and will continue to be, self-regulated by the market / demand (40%). A further 11% of respondents said that restricting numbers would be excessive and they perceived there to be no benefits in doing so.

A fifth of respondents who said there should be no restriction felt that unlimited numbers would increase competition within the market, which in turn would lead to improved availability and lower fares. Similarly, 12% of respondents said that limiting taxis would reduce competition / availability and increase fares, meaning taxi use would reduce.

4.5.2 Number Restrictions (Trade)

The general view of the stakeholders was there are somewhere between ‘just enough’ and ‘too many’ licensed vehicles in Guildford currently.

“GBC needs to slow down the numbers of drivers as there are way too many cars. Yes they can restrict numbers but it is too late”.

“There are not too many taxis – private hire is just right”.

The barometer used to identify this appears to be driven by the volume of work across the industry and the availability of rank space [when Hackney Carriages are considered].

“There is not enough rank space in Guildford. They have given us the bus stop, where nobody waits for a cab. This is the opposite of what you want from a taxi rank”.

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The motivation for the perceived saturation of provision was described as a revenue making opportunity, both on the part of GBC and the local Private Hire businesses.

“There are too many Private Hire vehicles. The GM Cars model is around 100 cars, each paying £120 in radio rentals. About half of the cars are owned by the company so the best jobs go to these drivers because GM takes 50% of the fare. That means all of the other drivers will tout. You then find Hackney drivers taking school contracts to supplement their earnings”.

“GBC want people to be taxi drivers because then people will pay them their fees.

They do not care if there is too many cars or drivers and there isn’t enough a work.

They are not bothered about you being able to make a living”.

“This is like the Private Hire firms renting radios. They are not bothered if drivers make a living – they will still get their radio fee”.

Stakeholders recognised that in the first instance that reduced demand for business was fundamental to the problem.

“There are more taxis on the road but that isn’t what is making things hard, it is the lack of business”.

“…people would rather be late for work nowadays than call a cab”.

Any reduced demand in trade appears to magnify the concern of current vehicle numbers in the borough and is reported to have prompted drivers to diversify their income.

“Trade is so strained at the moment; the majority of Hackney drivers have to do a school run to survive”.

The supply and demand issue in the context of current licensed vehicle numbers may escalate the perceived issue of ‘touting’ as drivers strive to supplement a diminishing income.

“Interloping issue and we have age limits on cars and yet you can get a battered old monster turn up from outside this area and take passengers and they don’t have the knowledge or haven’t taken the knowledge test”.

“I have been on the rank for three hours and I have made £20”.

“Its [taxiing] gone from forty trips a day to fourteen”.

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Contributors described a previous view held by GBC relating to the management of vehicle numbers in the borough.

“A previous taxi enforcement officer said, ‘the market is flooded and the solution is a two year embargo’. The long-term solution is stopping issuing plates then for GBC to manage applications like they manage council housing lists. The ones that have been on the list the longest have the opportunity to receive a license”.

Further to this, delegates reflected on previous intentions by GBC to address the issue of rank space believing tangible solutions had been identified in response to the problem though remained dormant. This included the identification of increased rank space in the borough.

“David Curtis-Botting drew up about seventy extra spaces in the borough for Hackney’s. The council said they would action this and never did which has lost them a lot of support”.

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4.6 Wheelchair Accessible Vehicles

4.6.1 Changes to Policy (General Public)

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At present, taxis must be wheelchair accessible whereas existing saloon taxis do not, however, the council is proposing a change of policy which would require all taxis to be wheelchair accessible.

Around a quarter (26%) of respondents supported the change in policy, however, almost two-thirds (64%) indicated that they did not agree that there should be a requirement for saloon vehicles to be converted into wheelchair accessible vehicles. A tenth of respondents said they did not know whether the policy should change.

Respondents aged 65 and over expressed highest agreement that all vehicles should be required to become wheelchair accessible within a given timeframe (30%), whereas agreement fell to 20% among respondents aged 55 to 64.

Few respondents within the sample reported that they had a disability (28 respondents) however, among those who did, 39% (11 respondents) felt the council should change their policy to make wheelchair accessibility a mandatory requirement for taxi vehicles.

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If no, please give reasons for your answer. (Base: 294)
Reason	Number	%
The number of wheelchair accessible vehicles should be proportionate to need / demand	76	37.6
Cost (expensive / impossible to adapt, increase costs for passengers)	71	35.1
Only a small number of people need these vehicles / converting all is excessive / unnecessary	71	35.1
The wheelchair accessible vehicles should be prioritised for / pre-booked by wheelchair users	28	13.9
Wheelchair accessible vehicles are not aesthetically pleasing / more difficult to access / less comfortable	13	6.4
Gradual requirement / all new vehicles should be wheelchair accessible	10	5.0

Almost two-fifths (38%) of respondents who did not agree that all vehicles should be required to be wheelchair accessible said that the number of wheelchair accessible vehicles should instead be proportionate to need / demand. In addition, 35% of respondents said that such a requirement was unnecessary or excessive as only a small number of residents require such vehicles.

More than a third (35%) of respondents said the policy should not change due to the associated costs to drivers, with some respondents stating that the cost of adapting the vehicle or (in instances where it was not possible to make such an adaptation) purchasing a new vehicle would impact upon the fares.

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Around half (51%) of respondents who felt that all vehicles should be wheelchair accessible said that the implementation should occur within three years, with 17% saying that the requirement should be compulsory within a year. However, a further

32% of respondents said that the requirement for a wheelchair accessible vehicle should begin when the current vehicle is replaced.

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Please give reasons for your answer. (Base: 63)
Reason	Timescale
Less than a year (%) (Base: 10)	1 – 3 years (%) (Base: 27)	4 – 6 years (%) (Base: 11)	When vehicle is replaced (%) (Base: 22)
I think this timescale is appropriate / reasonable / allows enough time for change	-	37.0	45.5	45.5
Time is needed due to the costs of introduction	-	40.7	45.5	31.8
Due to previous negative experience	10.0	-	-	-
Everyone should have equal access to the service	50.0	18.5	9.1	22.7
The sooner the better / should be done as soon as possible / why wait?	20.0	-	-	-
The introduction will ensure fairness for all drivers	20.0	3.7	-	-

The reason for the timescale was dependent upon the timescale which had been selected.

Almost half (46%) of respondents who said the requirement for all vehicles to be wheelchair accessible should be enforced in four to six years or when the vehicle was next replaced felt that their chosen timescale was appropriate / reasonable or allowed sufficient time for changes to be made.

Respondents who said all vehicles should be wheelchair accessible within one year said this was to ensure that all residents had equal access to the service.

4.6.2 Changes to Policy (General Public)

Discussions exploring the area of wheelchair accessibility in licensed vehicles appeared divisive. This was driven in the main by 2 key points of discussion;

1. Market demand
2. Cost

While there was unanimous support for the provision of wheelchair accessible vehicles in the borough there was a clear concession that this should be present as part of a mixed fleet.

“There are only 78,000 people in wheelchairs in the UK. Having an entirely wheelchair accessible vehicle in Guildford would be too many”.

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The rationale from the delegates was that ‘the provision should be market driven and not led by the policy’, while believing the proposal would indicate the latter. A piece of anecdotal research undertaken by a contributor to the consultation explained.

“I have spoken to Social Services to get a profile on the likely numbers of wheelchair users in Guildford. When you look at the statistics there is approximately twenty wheelchair users so it doesn’t make sense to introduce a hundred plus wheelchair accessible vehicles”.

There were mixed views recorded regarding the management of the current wheelchair provision in the borough, a number of operators/ drivers described an appropriate offer in Guildford currently while others suggested reticence on the part of some drivers to accommodate wheelchair users.

“As a controller you would worry that you would get a disabled elderly woman to the shops but not get a car to pick her up again and take her home”.

A small number of the cohort described an unwillingness to collect patrons in wheelchairs because of the cost implications as drivers encountered longer embark / disembark times which was not reflected in the rate of the fares. Although many delegates dismissed and distanced themselves from the anecdotal evidence there were further claims of;

“You can even go onto a rank and a driver will make an excuse and send you to the next car so he won’t have to pick a wheelchair passenger up”.

“…It’s because a driver doesn’t make as much money on a longer job”.

There was balance to these conflicting views as drivers sought to contextualise further the impact of operating wheelchair accessible vehicles.

“I drive a wheelchair accessible vehicle so I pay more than my colleagues for a car, more in driving costs and the same in license fees. I cannot charge more than anyone else yet it costs me more to do the job”.

Delegates were divided in opinion on the current practices of licensed vehicles with wheelchair users in the borough with one stating, ‘I wouldn’t want to be disabled in Guildford’. This was challenged as not being representative of all attitudes in the borough.

“The view of the person saying drivers don’t take disabled passengers is their own.

We have drivers and cars to meet all needs”.

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Significantly, there was consideration that ‘the issue isn’t necessarily the council; some of this is a problem with the drivers’ with a further contributor describing, ‘there are clearly issues with the service to wheelchair users among the drivers so it is unfair to shoot down the council completely. They have tried to respond to an issue, it might not be the best solution, but at least they have reacted’.

The discussion offered an opportunity for delegates to reflect on the policy proposal and verbalise further revisions that were considered a more appropriate ‘fit’ to the industries and public’s needs.

“What about a new taxi company owned by GBC to address this issue? Bought, owned and controlled by the authority. It would address the problem, remove the conflict with drivers and possibly provide a revenue stream to them”.

“There needs to be a wheelchair service in Guildford and there needs to be a concession”.

Cost was central to the debate, in part when considering the cost of operating a wheelchair accessible vehicle but primarily the cost of purchasing a wheelchair accessible vehicle. The majority of those consulted criticised the cost implication of the proposal, off-set against perceived demand.

“All saloons to become wheelchair accessible is utter nonsense. The cost to the driver is about £20 - £25k”.

“Private Hire drivers will not pay thousands of pounds to buy wheelchair accessible vehicles”.

“Private Hire drivers could not afford wheelchair accessible vehicles”.

“8 years as a Hackney driver and feel forced by the policy to drive a wheelchair accessible vehicle”.

Within the challenges to this idea was what appeared to be the wider belief that GBC impose unnecessary costs to the industry, identifying a ‘borough wide’ approach to wheelchair accessibility as another example of this. One motivation explored by the stakeholders was the borough’s standing in the local area [against other boroughs].

“There is no need to have so many wheelchair accessible cars, there isn’t the demand. I think some of this is about the boroughs like Guilford and Woking wanting

to be like leading authorities in Surrey. I think it is the same regarding car emissions”.

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The delegates highlighted arguments against the fleet-wide suggestion that were aligned to passenger/ public choice and need, as well as legislative references about passenger safety. This suggested that vehicles deemed to be wheelchair accessible are not always the preference of wheelchair users.

“A lot of wheelchair users are happy to sit in the front of the car and have the driver look after the wheelchair”.

“Should be a mixed fleet as not everyone can get into the higher vehicles”.

“In a wheelchair accessible vehicle there should be two means of egress but if you look at some of the older vehicles deemed to be wheelchair accessible then you will see they are not, if they were to be involved in an accident from the rear of the vehicle, the passenger would have no means of exit. This is actually illegal under GBC own by-laws”.

“Some of the cheaper vehicles are not okay for wheelchair access but people bought them after deregulation so that they got a free taxi plate and this in some ways compromised the borough’s fleet”.

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4.7 Driver Training

4.7.1 Introduction of Driver Training (General Public)

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Almost three-quarters (73%) of respondents felt that it should be compulsory for new applicants to complete an NVQ level 2 prior to becoming a driver. Around a fifth (19%) of respondents said new drivers should not have to complete this additional qualification, and a further 8% were unsure.

Younger respondents demonstrated the greatest support for new drivers undertaking an NVQ, with 77% of respondents aged 16 to 44 agreeing that an NVQ should be completed prior to becoming a driver. In contrast, opposition towards this proposal was highest among respondents aged 55 to 64 (26%).

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Although 73% of respondents felt there should be a requirement for new drivers to complete an NVQ prior to becoming a driver, agreement fell to 55% when considering whether existing drivers should be required to complete this qualification. A little under a third (31%) of respondents thought that existing drivers should not be made to complete this additional training, and a further 14% said they did not know.

Male respondents (33%) and respondents aged 55 to 64 (33%) most frequently said that existing drivers should not have to complete additional training in the form of an NVQ. In contrast, support for the NVQ being a requirement for existing drivers was highest among female respondents (57%) and respondents aged 35 to 54 (56%).

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Please give reasons for your answer. (Base: 241)
Reason	Number	%
Would ensure high level of service / standards / professionalism	74	35.7
Ensure consistency of service / standards / professionalism	31	15.0
Current policy / test is sufficient / no reason to change current system	22	10.6
It is not needed / this would be excessive / no perceived benefits	20	9.7
Current drivers should not be made to do the NVQ / do so on a voluntary basis / not immediately	14	6.8
Experience / reputation is more important than qualifications	13	6.3
Due to previous negative experience	13	6.3
NVQ is not comprehensive / does not cover what is required	10	4.8
Generally think this is a good idea	10	4.8
Cost (expensive to undertake / administrate, time lost from work)	9	4.3
Beneficial for existing drivers / provides refresher / removes complacency	9	4.3

Respondents provided a variety of reasons for why new and existing drivers either should or should not be required to undertake an NVQ.

The perceived benefits of drivers undertaking additional training was that it would ensure high levels of service / standards / professionalism (36%) or would ensure consistency of service / standards / professionalism (15%). However, in opposition to the introduction of such training, 11% of respondents said the current policy / system was sufficient / there was no reason to change the current system, while a tenth said the additional training was not needed, would be excessive or did not feel it would bring any benefits.

More than a tenth of respondents explained how the training should not be enforced for existing drivers either because experience and / or reputation was more important than qualifications (6%) or the decision to undertake the training should be at the discretion of the driver (7%).

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4.7.2 Introduction of Driver Training (Trade)

When discussing the proposal of a work based qualification in the form of an NVQ, the licensed drivers consulted shared strong views. In the context of ‘new’ drivers having to undertake the industry specific qualification there was nominal support for the concept.

“Would an NVQ entice new drivers? If it wasn’t just for Guildford then I would vote yes”.

“Introducing an NVQ Level 2 would encourage new drivers but I wouldn’t want to do it unless I had to”.

In the context of existing / current drivers having to undertake the qualification there was overwhelming rejection of the concept.

“If you made existing drivers take this test / qualification, the ranks would be empty”.

There appeared to be no singular line of thinking in the response to this idea but rather a range of concerns, questions and challenges; while some respondents explained its possible impact on recruitment within the industry.

“There is already a shortage of drivers coming into the industry; clients are suffering, businesses are suffering. An expectation of an NVQ qualification would not help this issue”.

A number of delegates used the proposal to challenge the existing criteria and expectations of drivers by Guildford Borough Council.

“If you introduce a mandatory NVQ qualification, is that saying what the council do currently is not good enough”?

Discussion surrounding the proposed introduction of the qualification created debate which led to a suggestion of a phased introduction of the requirement. This was challenged while providing an insight into driver perceptions of GBC’s administration of the borough’s knowledge test.

“What about giving existing drivers a 12 month window to undertake this qualification”?

“An NVQ would not help. The only way to be good at the job is to serve your time as a Private Hire driver and then sit the Knowledge [test]. GBC should concern themselves with getting this process and system right before they consider an ‘as well as’ qualification”.

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There was some concern voiced regarding the ‘testing’ of the proposed qualification with the wider Guildford public. This appeared to be symptomatic of the delegates’ view of the public consultation insomuch as it may represent uninformed support of the council’s views.

“Suggesting drivers undertake an NVQ on the public questionnaire is very misleading. If you put it in a different context, for example nursery nurses and asks the public if you think they should have an NVQ, everyone will say yes. If you ask in relation to taxi drivers then of course the public will say yes. Why wouldn’t they, it has no bearing on them”.

4.8 Additional Comments

Do you have any additional comments you would like to make regarding the taxi and private hire policy? (Base: 105)
Comment		Number	%
Stricter rules / regulations / governance is needed		24	22.9
More is needed to help to improve safety / prevent unlicensed drivers / vehicles being used		17	16.2
Training would improve services		13	12.4
The cost of changes / impact to drivers should always be considered before making decisions		8	7.6
Changes in locations of ranks is / would be a positive change		7	6.7
Witnessed / experienced issues in the past		6	5.7
All drivers / operators should adhere to the same standards / policies		6	5.7
There are too many taxis operating in the area		6	5.7

In conclusion, respondents were asked to provide any additional comments they had regarding the taxi and private hire policy. The summary of responses given is shown in the table above and a list of all comments can be found in the appendices.

The most common responses given were that stricter rules / regulations / governance is required (23%) and more is needed to help improve safety / prevent unlicensed drivers / vehicles being used (16%).

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Conclusion, Recommendations & Guidance

In the face of strong opposition from industry stakeholders and at times conflict between industry and public views, Guildford Borough Council may choose to act with caution prior to implementing changes and consider revising its communication channels with the local taxi and private hire trade. An interim solution may be to offer further rationale or evidence motivating the inclusions in the draft policy revision.

The relationship between the two parties is evidently strained, though not beyond repair. The criticisms of the draft licensing policy were not always baseless and resistance to change may in part be rooted in the historic and fractured relationship between the trade and the council.

As the public consultation identified a shared view with industry stakeholders relating to aspects of the revised policy draft, there remain several areas where the industry disagrees with the public. Notably the concept of liveried vehicles which received vehement rejection from the industry yet received strong support from the wider public research exercise. The council may consider the value of interim measures to support narrowing the distance between public and industry stances. While the level of industry engagement in the consultation piece was in part expected, it may also be taken as an indicator of the willingness of the industry in general to engage with the local authority and contribute to the narrative of its own regulation [and possible reform].

The consequence of implementing publicly supported yet industry challenged policy revisions is unknown. It is likely that this will impact negatively on an already vulnerable relationship between local taxi and private hire drivers and Guildford Borough Council. A combination of concessions and increased understanding between stakeholders, residents and the local authority is likely to be an effective measure to remedy any unhealthy relationship and expedite positive change, while practical measures could be implemented to facilitate this. By its own admission the local taxi and private hire industry is in itself fragmented, with no distinct singular voice that sufficiently represents the industry. It recognised the need to collaborate with the local authority and the importance of public perceptions yet there appear no pronounced pathways to effectively and efficiently share information. While the modernisation of the Taxi Advisory Group is acknowledged, this too is an arena where significant populations of the trade have negative past experiences which appears to impact on their ability to engage with its newest iteration.

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Building on the consultation exercise and restoring effective dialogue with the industry may offer an appropriate opportunity to challenge what appears to have become the status quo between the parties. It is fundamental to the relationship yet divisive. It invites local resident buy-in and opinion and sits against a back-drop of what has become a historic and volatile relationship. While the challenges are tangible the focus of the initial consultation exercise may proffer an opportunity to engage industry representatives whose voices are seldom heard, though are well placed to link Guildford Borough Council and the industry once more and so begin the reparatory process and the effective and supported introduction of a revised taxi license policy.

In terms of shared support for the policy from both the public / local residents and the industry, there was agreement on three key areas which are recommended to be actioned;

1. The need to restrict taxi vehicle numbers in the borough.
2. Disagreement to implementing a standard uniform for drivers.
3. Disagreement to implementing a fleet-wide wheelchair accessibility service.

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Appendices

Appendix One Questionnaire

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Appendix Two Additional Comments (Questionnaire)

1. I believe in equal opportunities. Why is it that there is none!!! E.g. saloon and hackney- I should have the right to buy any car 2. Why is it that we need more than one license e.g. one person, one car, one license we are all self-employed so why is there that e.g. private hire taxi company owners or individual who have more than one licence as they can get better credit because of their companies and by cars and put on rent etc when they don't even drive them self. Again one car one driver one license whorls eliminate extra cars. 3. If we are keeping hackney cars we should have the right to go and buy any vehicle and convert it to Guildford hackney license instead we are being forced into buy cars that are only cab direct converted! This is monopolisation to one company! Because on all euro cap safety is lost any way once car is converted. So why can't we buy a car and get it disabled converted from and not approved garage. 4. Why is it that council cannot stick to certain requirements e.g.. When a rule was made that all new taxis have to be disabled access cars then why is it that they have given 4/5 people before the plate number 99 the right to go and buy a saloon car and those drivers are still driver their existing cars and selling council plates for high fees when these are issued for free! This is discrimination where I feel need of action is urgent because you have just given them a £10k bonus. Where are the equal opportunities. I think a legal action is required!!!! 5. These simple problems that can be fixed by one car one person one license

A common sense approach should be adopted to support drivers, the industry and passengers. Onerous policies and over regulation are not in my opinion in the public interest.

A customer of GBC licenced taxis should know how and where they can complain in the event of poor or unprofessional service.

A review and complaint system to ensure companies / individuals that fail to meet standards can be controlled and if required have licences removed.

A welcome survey - much needed upgrading of taxi scheme.

Alcohol and drugs test

All drivers should display a borough ID showing they have gone through and have achieved all things required by the borough.

All drivers should have on display in the windscreen a copy of licence number along with a photo so you can check the driver is who they say they are and not sub-let plate.

All hackney drivers should follow the same policy, there should be no discrimination one rule for all

All taxis should be fitted with auto/traffic cameras, front and rear. This would benefit everyone and provide a good source of local traffic information for road improvement schemes - taxi drivers know the local rat-runs.

ANY HACKNEY CAN WORK AS PRIVATE HIRE LAW: Above law will have an immense pressure for PHDs and they specially will bear the financial loss if hackney drivers from neighbouring boroughs start coming in significant numbers. Especially when it’s extremely hard for PHD to pass Guildford hackney knowledge test. PHDs who now hold their license for more than 3-5 years should be preferably encouraged to pass on Guildford hackney to strike the right balance rather than squeezed from all corners

Anything that can be done to reduce the fares would be appreciated. Judging by the huge numbers of taxis waiting at Guildford station one fare is enough to fund hours of hanging about. Fewer lurking taxis doing more work at lower fares would be preferable. Why not do shared, stop-anywhere-along-the-route taxi back and forth shuttles say Guildford-to-Carleigh or Godalming as you get in many other countries; sort of half bus / half taxi. Many taxis are

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now small buses anyway.

Appendix 8 ,11.1, point 9. I think the proposal for taxis to publish their current fare chart is an excellent idea as I never know whether I am being charged correctly or not!!

As residents of a village within Guildford borough it is not cost effective to call a licenced taxi unless the journey is into the town, they are all based in the town centre and start charging when leaving the town. We are reliant on private hire vehicles many of which do not display licence plates so unless there is a way in which these drivers are getting around the regulations it is assumed that these vehicles are not licensed and if so the council needs to enforce the policies.

As with many businesses nowadays we must be careful not to limit access to the trade through over qualification requirements or too stringent testing - whilst maintaining good high standards.

Bear in mind we are in a recession and people are very tight on money for things like training and upgrading which can require large initial outlays.

Black cabs would be better.

Complaints need to be investigated more rigorously. I am aware of various cases of sharp practice and little or no action was the result.

Could we build in some customer service/local knowledge training so that drivers were more aware of their local area and provided a commentary if required on local places to visit - this has been done in Woking with success - makes the welcome for incoming visitors so much better

Could you specify that at least 1 Wheelchair accessible vehicle is available per company at all times....with immediate effect. This would also include the weekends.

Cut out unnecessary bureaucracy.

Dedicated training should overtime produce a professional approach to all aspects of the service and this in turn will manifest itself in caring approach by the operator to the clients, the vehicles and to the legal framework in which the service is provided.

Drivers should be assessed on their knowledge of the locality in which they are Plying their trade.

Driving behaviour of some taxis is appalling! All taxis should show an "Am I driving safely and professionally?" with a telephone number shown to ring if not.

Electronic cigarettes must be banned for drivers and passengers.

Guildford police should license / approve taxi drivers from outside of Guildford to stop 'fly by night' operators from other areas working in Guildford.

Having every taxi wheelchair accessible ignores the difficulty of boarding and disembarking such taxis. I have a slight disability with one leg. I find it much easier to board a standard saloon vehicle. Moreover, the wheelchair accessible taxis are far less comfortable in which to travel. They appear to be "converted" freight vehicles. With the onset of mobile phone apps, or simply the use of voice calling, a wheelchair accessible taxi can be summoned. My overriding concern is the discomfort and difficulty of using wheelchair accessible taxis.

I am not sure how to enforce this - but I think it is unacceptable for taxi drivers not to be able to speak at least a basic level of English.

I believe all drivers should be able to drive what vehicle they choose. I feel there should be a restriction on the amount of hackney carriage vehicles.

I do not know if the current arrangements are working satisfactorily. I myself am mildly disabled and have no difficulty finding satisfactory transport

I do think the new rule for taxis to be in the bus station is a good idea. This is in the early hours to pick up passengers it is much safer and less isolating than the rank. I know from personal

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experience.

I feel that there are certain issues as there are far more private services, taxis have a bad reputation for the private ones. Yes the need a logo so people know they are safe, just a recognisable large badge (backside window) for all known cars public and private,

I feel the current restrictions should be upheld and enforced but In difficult time no additional costs should be expected of drivers who already work very long hours to make a living

I find it strange that a Private Hire company (fives & 6's) can employ Woking Hackney cars to operate on their circuit as private hire cars with very little local knowledge. Should they not have to sit the same tests for their local knowledge and surely their cars need to pass the same test to operate in Guildford. I also believe that ordering a car and having a Woking plated car and driver turn up does not give off the continuity that you are trying to achieve.

I have never had any problems with any taxis that I have used but I have been very surprised by some of the driving that I have seen.

I have never noticed a current fare chart in a taxi. Maybe something about driving safely! Taxis good at getting away quickly at lights, nipping in and out of traffic

I have taken number of taxi's home however the only thing that gets me as why do I am asked if I need a taxi as I am walking to the taxi rank. There are so many car's with NO taxi signs which I take it that there are Private hire, are asking random people if there need a taxi or not. This is the biggest issue I see which the council is not resolving. I want to go to a taxi rank and know that I am getting in a license cab rather them someone approving me and shouting out of their windows with, do you need taxi. If the council can resolve this matter. Thank you

I have used taxis frequently in and around Guildford and Woking for many years either as private hire or at the stations / town taxi ranks. Generally the experience has always been satisfactory.

I honestly think that it would benefit everyone if both the vehicle and driver were instantly recognisable as a completely legal service and the drivers having complete knowledge of how to serve the public.

I like the idea of all night ranks in protected places. Can you give drivers an app to tell them how many taxis are waiting at official ranks so that they have a better idea where to wait? Guildford seems out of date in using computer booking methods compared with other places. The taxi queues at Guildford station are a waste of resources.

I mainly use station taxis - they are badly dressed, rude and intimidating in behaviour. They generally look like beery slobs on a building site of the 1970's. There are always far too many just hanging around. I know many young women, who walk and get a bus rather than get a taxi - even and especially late at night because they just don't trust the look of them. They certainly behave and look far worse than they did 5 years ago.

I think it would be good for the town if all Guildford taxis were painted the same colour.

I think taxi drivers face big hurdles already in getting into the industry. I do hope GBC will be careful not to make it too hard to become and stay a taxi driver.

I think that a good standard of spoken English should be a requirement. Customer service should be an important consideration. I think a liveried taxi service would be an excellent idea to eradicate illegal drivers. Photo ID displayed in taxi cabs essential.

I think the most important criteria is making sure the operators of vehicles are safe for the public to use, especially for vulnerable / single people to travel.

I think the proposed livery colour scheme system is a very good idea. This would soon stop unlicensed taxis operating.

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I would like to see taxi firms having to supply the name and car registration of the car that will arrive when booked in advance. Provide an app to book a taxi (on the move) that will only use registered and licenced taxis and again will tell you name of driver and registration number of car - this is preferable to flagging down a taxi passing by.

If there any oversight / quality control by a third party on the taxis and / or drivers and / or taxi companies? If so, who is paying for it - passengers or rate payers?

Immediate stop on issuing any more taxi vehicle licences. all vehicle licences to be surrendered when proprietor leaves trade. All proprietors to hold a taxi driving license. One driver allowed to drive on each plate (vehicle license). This mess would not have happened if my advice had been taken. I advised issuing ten new vehicle licenses per year, then review impact this had. After consultation with drivers, passengers and the police decide whether to issue another ten, or less, or none.

In Woking there is a private hire company which has a yard with an office near the station. People ask at the office and are directed to a car. This presumably is just within the law for private hire vehicles but many people believe they are hiring a licensed taxi, I think that such practices are starting in Guildford. This is to be approved as it is confusing for passengers and its unfair corruption for licensed cabs on a nearby rank

Is there a special driving test that taxi drivers are required to take? If not, I think it would be a good idea to implement one. Or the police provide special safety driving courses including videos to show the result of our actions on the road this maybe a good thing for all taxi drivers to be included in.

It has not been mentioned but I believe a criminal records check should be carried out on all cab drivers.

It should be fair trade and everyone should be given a choice rather then been forced for wheelchair or saloon. Guildford borough council will not force there staff to do things which there will not like or do. so it should apply to taxi trade as well

It would be a mistake to be too restrictive on rules for taxis, drivers and qualifications.

Keep private hire out of town when waiting for jobs. No Woking taxis working in the borough , the whole point of licensing is to make money so I can't understand you allowing them to work in Guildford. Let existing hackney plates change to salon Thanks

Knowledge test needs to be more stringent many current drivers do not know Guildford road names and landmarks / buildings well enough.

Main concerns are to do with the split policy currently in place for saloon and wheelchair access vehicles which is not really tackled in the draft policy. A decision needs to be made to allow for a choice by drivers on the vehicle type they want to licence. If not then we should make a uniform vehicle policy where all drivers require a specific type of vehicle

Most of your ideas would put taxi fares up. Many people rely on taxis e.g. - hospital visits for elderly patients. I was shocked at the cost last time I used a taxi for less than a miles journey and I can afford to pay.

Most taxi drivers park on footways and block pedestrians. They drive aggressively, often tailgating. Personally I would rather walk then take a taxi or private hire vehicle.

My business has been severely restricted in recruiting of drivers because you make us go through the same knowledge etc which in my view is unacceptable. Part time drivers take about 10-12 weeks to get their badge--in the meantime they have lost interest.

My opinion is that the council have produced an interesting and viable policy.

My personal complaint is that as an elderly woman who uses taxis often, I am not treated with respect by the majority of Asian taxi drivers whose taxis I have hired. Other drivers are friendly and helpful.

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No, seems good policy overall.

Only that there are currently far too many taxis at Guildford station.

Perhaps that some form of driver training should be renewed every 5-10 years and that if drivers ae found to have driven dangerously for example their licence can be suspended for a set time. I have seen a couple of times last year taxis reversing back out the friary taxi rank into oncoming traffic on the one way system to avoid them having to go around the friary via commercial road. If that taxi rank is full the last taxi in will sit with its back end sticking out into left hand lane of the one way system forcing 2 lances into 1 in order to get past.

Please license less taxi's in the borough as there are well too many taxi on the road at present time

Politeness and conversy go a long way.

Private hire company should not at and around station and cars are not allowed to put magnet advert on side doors so advert of company should be on window. Taxi all should be same whatever they are saloon or wheel chair

Reduce the amount of taxis in Guildford as they discourage walking and cycling Ensure a percentage are fuel efficient/hybrid there are too many fuel inefficient cars and not enough hybrids etc Introduce a penalty for taxis loitering in parking places e.g. near stoke park

Regarding hackney carriage vehicle driver should have choice to drive saloon or wheelchair accessible. Either they all should have choice or either they all should be driving wheelchair accessible. Driver who own saloon cars they buying and selling hackney plates for well over 10k the plate which belongs to council that should be stopped.

Safety for passengers should be paramount in any policy, followed by price and transparency and courteousness.

Smoker rules about taxi drivers smoking in their vehicles.

Sometimes smelly themselves.

Surely there are better things to spend public money on - making the roads safe to drive on (i.e. free of potholes and with good drainage) would be a good start and make a major difference to all road users.

Taxi / private hire drivers must realise they are in a position of responsibility / trust with their customers and I worry some don’t respect this.

Taxi drivers would show pride in their job if a professional image is in place. Brighton for example has taxi ranks with blue and white and blue cabs in place for hire.

Taxi firms in Guildford are not very helpful. Often when you phone them, they are impolite and just say "no taxis available for at least one hour". not good. Wheelchair taxis in Guildford are definitely not available at all late evening, which is an absolute disgrace. Disabled people deserve a social life ,just the same as everyone else and if the firms you currently licence cannot provide this, then you should open up the competition to those willing to provide this Service.

Taxis and private hire firm need a definite ruling on where and how many signs are placed on the vehicles so that member of the public can be sure that the vehicle is genuinely covered by this policy.

Taxis are far too expensive in Guildford. The prices should be regulated and they should be an asset for Guildford town. The taxi's in Guildford could make Guildford innovative and really stand out if they are all standardised like in Brighton. Far more people would use the taxis if they could trust them and they were reasonably priced.

The affordable use of taxis, etc should be encouraged.

The council does not understand the needs of the trade you let people drive taxis they have no idea where they are going because you don't ask the right questions all the driver ask post

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code please that is wrong you should have a retest on some of these. bet you won’t. The age limit on cars is a joke it just a magnet for more drivers to come into the town.

The Council should look at the vehicles that are in a poor state. They should also look into how the general public are being ripped off by taxi drivers and refused to be taken somewhere as its a short distance or taken an excessively long way to their destination.

The current mix of vehicle type and shape reflects the diversity of the passengers/users. Vehicles are rigorously tested which would continue and allow older vehicles to be licensed for longer. Uniform is applicable for a chauffeur not a taxi driver there is a distinct difference. Livery is unnecessary for ID purposes Taxis are conspicuous.

The front of the taxi queue at the station should be at the entrance where passengers emerge. It seems silly that the policy of not limiting the number of licensed taxis should have led to higher prices because they don’t get enough custom to cover costs. It also makes it very difficult to drop off passengers at the station during the day.

The introduction of taxi livery and / or uniforms for drivers etc, will need to be paid for. This will result in taxi fares increasing. Taxis tend to be used by people on lower incomes who could not afford this, and the knock on effect will be less people using taxis and less often. There is nothing wrong with the current system.

The new ideas will make a professional service for Guildford to be applauded.

The standard of some (a few) taxis in the borough has fallen lamentably low. I thus would only ever use a Hackney cab. As a lone female off to station, I once got in a car where extreme pornography was on display! It was an "authorised" and licenced local taxi.

The taxi drivers in Guildford are very variable. Some excellent, others off-hand with unacceptable cars. Really important that this essential service is provided.

There appears no restriction to length of driving experience a driver must have. I would imagine at least three years being insured and driving regularly should be the minimum in order for a licence to drive a vehicle for hire.

There are far too many taxis licenced in Guildford. The taxi ranks have too many vehicles waiting for fares much of the time. Ranks in other areas of the town i.e. upper park would be servicing the community better.

there is not enough visible enforcement of the taxi and private hire business in Guildford

There must be proper ENFORCEMENT of the regulations regarding the manner in which they are allowed to operate.

There should be a cap on the number of licences issued by the council as at the moment there are so many taxis that drivers have to work unreasonable number of hours to make a decent income.

There should be a photograph / identification showing driver details and related vehicle details to align each. It would take a lot of trouble to forge details.

There should be more ranks in Guildford for drivers. There should be a cap on a number of taxis in Guildford due to many taxis already on the rank.

This consultation needs to be equality impact assessed and therefore needs to be covered by focus groups with taxi drivers and needs to take into considering the literacy and differing language needs of the taxi drivers. If you are also looking into accessibility of the taxi service an engagement plan needs to be put together to work with disability groups.

To further ensure taxi drivers are above board and honest they should produce annual accounts to the council to show what they are earning. This would help the council determine how many taxi drivers can make a reasonable living and assist in the issue of licences.

Training - good knowledge of the area is essential regarding short cuts, etc. as Guildford can become extremely congested. Drivers - female drivers for more nervous passengers, especially

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young girls late at night. Female pool of drivers that could be specified at point of call out.

We don't want a plethora of under used taxis requiring public subsidies to bring up their income to a living wage.

We need mix fleet either given choice to all drivers or all wheelchair we can't discriminate by giving some drivers choice of driving saloon cars and others stuck on wheel chair accessible.

What is the demand for wheelchair accessible vehicles?

When booking a taxi, if wheelchair accessibility is required then this should be stated therefore appropriate car will be sent.

While I don't support 'uniforms' per se, there needs to be a general requirement that drivers are clean and tidy (all types of hire). The cars need to be clean and should not be used as smoking shelters. There should be a rigorous driving test that looks at attitudes / behaviour in driving as well as mere technical skill. The driver must be able to speak clearly and understandably in English and be able to understand English speakers.

Whilst agreeing with some of the items, I think the costs could be very demanding on both the companies and the drivers.

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Appendix Three Workshop Script

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Guildford – Hackney Carriage Unmet Demand

Survey

Final Report

March 2015

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EXECUTIVE SUMMARY

Key points

This study has been conducted by Vector Transport Consultancy on behalf of Guildford Borough Council

This study is intended to fulfil the requirements of Section 16 of the 1985 Transport Act and to address the questions raised in the Department for Transport (DfT) 2010 Best Practice Guidance.

Within the guidance, the Department for Transport recommend that if a Licensing Authority should seek to implement or retain a quantity restriction, then a survey should be carried out to establish if there is any unmet demand for Hackney Carriages.

The Department also expects the justification for any policy of quantity restrictions to be included in the Local Transport Plan process.

If the result of an unmet demand survey should demonstrate that there is evidence of significant unmet demand, the recommended actions for a licensing authority, which maintains a limit, may be to either raise the limit on Hackney Carriage numbers to an appropriate level, or to remove the limit all together. In the case of a licensing authority which does not maintain a limit, but which is considering the implementation of a limit, a result indicating the presence of significant unmet demand would make it difficult to justify the implementation of a limit, which is not higher than the existing number of Hackney Carriage vehicle licenses which were in place at the time of the survey.

If the result of an unmet demand survey should demonstrate that there is no evidence of unmet demand, then a third choice of action becomes available to the licensing authority. This is to keep the cap in place at the same level, or, in the case of an authority which does not limit, to intorduce a limit.

A licensing authority may choose at any time, to implement, raise or remove a limit on Hackney Carriage numbers, but in order to retain or impose a limit; good practice guidance suggests that an unmet demand survey is required and that the result shows that there is no evidence of unmet demand.

The objectives of the study may be broadly defined as:

• A survey of activity at taxi ranks
• Consultation with the trade
• Consultation with stakeholders
• Consultation with the public
• Conclusions and recommendations

Surveys were undertaken at taxi ranks in Guildford, for four days, from a Thursday morning to the early hours of the following Monday morning, 96 hours later. The volume of passengers and hackney carriages was recorded, together with Hackney Carriage waiting times and wait times for any queuing passengers.

Sixty occurrences of passenger queuing were observed. Twenty five of these were observed at the North Street rank and the remainder were observed at the Railway Station rank.

Forty six of the passenger queuing occurrences, at both ranks, were during the quieter day time hours rather than during the peak night time economy periods.

The total number of passengers who had to wait at a rank for a Hackney Carriage was 81. This equates to 1.6% of all passengers observed.

Volumes at the ranks are summarised in the following table as estimated equivalent weekly volumes. The weekly estimate was calculated as:

(4 x Thursday) + Friday + Saturday + Sunday volumes

RANK LOCATION	TOTAL HACKNEY CARRIAGES DEPARTING RANK EMPTY	TOTAL HACKNEY CARRIAGES DEPARTING RANK WITH PASSENGERS	TOTAL HACKNEY CARRIAGES DEPARTING RANK	TOTAL PASSENGERS DEPARTING RANK	AVERAGE PASSENGERS PER HACKNEY CARRIAGE	AVERAGE WAIT TIME AT THE RANK PER HACKNEY CARRIAGE (MINUTES)
North Street	191	2055	2246	3120	1.5	19
Railway Station	87	4243	4330	5519	1.3	36
Total	278	6298	6576	8639	1.4	30

Table 1 - Summary of Rank Observation Results - estimated weekly totals

Some Hackney Carriages left the ranks empty. It may be the case that many of these empty departures may have been responding to telephone bookings. Feedback from the trade supports this view.

Public consultation was undertaken through questionnaire surveys conducted on street and an online questionnaire. Stakeholder consultation was undertaken with minority group representatives, hotels, licensed premises, the police, transport providers, local elected members, town and parish councils and supermarkets.

The consultation feedback indicated that:

• The needs of elderly, disabled and mobility impaired passengers are generally satisfied by the existing Hackney Carriage fleet. However, there was some evidence of a minority of drivers who did not provide good service to disabled users. The majority of journeys on Licensed Vehicles, involving the use of wheel chairs, are pre-booked. Not all of these journeys are necessarily undertaken on Hackney Carriages. Private Hire Vehicles also provide some wheel chair accessible vehicles.
• Some older passengers find getting in and out of high floor wheel chair accessible vehicles more difficult than saloon cars. As such, many older passengers prefer saloon cars.
• There are generally plenty of Hackney Carriages available for the needs of the public. However at school run times, there are some times fewer taxis available for telephone bookings and there can be a delay of a few minutes. But generally not more than an additional five minutes or so.
• Traffic congestion in Guildford affects the availability of taxis to respond to telephone bookings quickly. This is a problem during the evening peak especially.

Observations

The estimated weekly hires at the ranks in Guildford are 6,576. This equates to approximately 36 hires per week per Hackney Carriage

Unmet need assessment

Data from the taxi rank surveys was used, together with any indication from the public consultation surveys of frustration with non-availability of Hackney Carriages, to calculate an Index of Significant Unmet Demand (ISUD). The ISUD index value calculated from the survey results was zero. Values below the threshold indicator value of 80 suggest that there is no Significant Unmet Demand. Whilst the ISUD value is a strong indicator, it should not be taken in isolation as the only valid evidence. Further evidence from stakeholder and public consultation indicated that there were normally sufficient Hackney Carriages available to satisfy demand.

Conclusions and recommendations

The primary purpose of this study was to determine whether there is evidence of significant unmet demand. The evidence gathered suggests that there is a very low level of unmet demand, with occasional passenger waiting for Hackney Carriages to arrive at ranks and very limited evidence from public consultation of latent unmet demand. Therefore, evidence from the consultation work and the ISUD index value calculated, suggests that the level is below that which is considered to be significant. Therefore, there is No Significant Unmet Demand.

CONTENTS

1. STUDY OBJECTIVES 1
2. BACKGROUND 2
3. TAXI RANK SURVEYS 5
4. PUBLIC CONSULTATION 13
5. TRADE CONSULTATION 24
6. STAKEHOLDER CONSULTATION 27
7. COMPARISON OF LICENSED VEHICLE FLEET SIZE 29
8. DETERMINATION OF UNMET DEMAND 32
9. CONCLUSIONS 35

1	STUDY OBJECTIVES

1.1 General

This study has been conducted by Vector Transport Consultancy on behalf of Guildford Borough Council.

The study is intended to fulfil the requirements of Section 16 of the 1985 Transport Act and to address the questions raised in the Department for Transport (DfT) 2010 Best Practice Guidance.

The objectives of the study may be broadly defined as:

• • • A survey of activity at taxi ranks in Guildford
    • Consultation with the trade
    • Consultation with stakeholders
    • Public consultation
    • Conclusions and recommendations

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Guildford Hackney Carriage Unmet Demand Survey 20141

2	BACKGROUND

2.1 Definitions

This report refers to Taxis, Hackney Carriages and Private Hire Vehicles. Both Hackney Carriages and Private Hire Vehicles are licensed to operate within the Guildford Borough Council area.

Hackney Carriages may be hired in three ways. These are on street hailing, hire at a taxi rank and by booking by telephone, internet booking or taxi office booking.

Private Hire Vehicles may only be hired through advance booking. This is generally done by telephone or via internet booking, or at a Private Hire Vehicle operator’s office.

In this report, the term ‘Licensed Vehicles’ is also used to encompass both Private Hire and Hackney Carriage vehicles.

The term taxi or taxis can variously refer to either Hackney Carriages on their own or Hackney Carriages and Private Hire Vehicles collectively. In order to limit ambiguity, this report generally avoids the use of the word taxi, except when reporting on consultation feedback, where the word taxi has been used by the consultee.

Guildford Borough Council is the licensing authority for Hackney Carriage and Private Hire operators, drivers and vehicles within their area. They are able to specify the standards they require (over and above the legal minima) for operators, drivers and vehicles, they can regulate Hackney Carriage fares and specify the number of Hackney licences they issue.

2.2 DfT guidance on Unmet Demand surveys

In 2006 the Department for Transport (DfT) issued Good Practice Guidance to licensing authorities on the Hackney Carriage and Private Hire Vehicle (PHV) industry. This guidance was updated in 2010. It includes advice on the measurement of unmet demand.

Significant Unmet Demand (SUD) has two components:

• Observed or ‘patent’ demand – that which is directly observable
• Latent or ‘suppressed’ demand – that which is released by additional supply.

Where a limit has been imposed, the DfT recommend that surveys be repeated every three years to confirm that unmet demand had not arisen.

If the result of an unmet demand survey should demonstrate that there is evidence of significant unmet demand, the recommended actions for a licensing authority may be to either raise the limit (where one exists) on Hackney Carriage numbers to an appropriate level, or to remove the limit all together.

2

If the result of an unmet demand survey should demonstrate that there is no evidence of unmet demand, then an third choice of action becomes available to the licensing authority, which is to keep an existing cap in place at the same level, or to introduce a cap if no cap exists.

A licensing authority may choose at any time, to implement, raise or remove a limit on Hackney Carriage numbers, but in order to retain or impose a limit; good practice guidance suggests that an unmet demand survey is required and that the result shows that there is no evidence of unmet demand.

The DfT guidance considers the level of service to passengers foremost. The guidance suggests that quantity restrictions should only be introduced or retained if this is of benefit to the travelling public.

2.3 Observed unmet demand

This is determined from direct observation of passenger waiting times at representative taxi ranks and at representative times of day. Where the supply of Hackney Carriages at a particular time and location is inadequate, intending passengers will have to wait until a Hackney Carriage arrives. Where this waiting time becomes excessive there is unmet demand and where this occurs at a number of locations and for lengthy periods it constitutes Significant Unmet Demand.

2.4 Latent unmet demand

Where potential passengers are deterred from using Hackney Carriages through the assumption or knowledge that waiting times will be high, these passengers may decide not to travel or use an alternative means of transport. These passengers will not feature in the taxi rank surveys. Therefore to get an estimate of this latent demand an alternative form of survey is required. This generally consists of face to face interviews with pedestrians to enquire about their experience in hiring and using taxis. Such a survey can also provide other information on taxi use.

2.5 Other Surveys

The DfT guidance also recommends that stakeholders such as taxi providers and representatives of groups which rely heavily on taxis are contacted for their opinions on the number of taxis and the possible impact of licence quantity controls.

2.6 Breakdown of the Hackney Carriage trade

Markets and hire methods typically targeted by Hackneys, in the UK, include:

• Public, private and unofficial ranks;
• Flag down/on-street;
• Telephone / radio bookings
• Contract work for statutory authorities such as for education authorities or social services;
• Commercial contract work;

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• One off/occasional private hire for individuals or organisations;
• Evening leisure;
• Daytime shopping/social/business;
• Tourism
• Various combinations of the above that ‘fit together’ in time

Practices vary by location. For example, in some locations, a large proportion of work is serviced by radio bookings, whereas in other areas, work is based almost solely on rank based hire.

In some areas almost all of the trade may focus on one particular aspect of the market at the same time (i.e. school contracts) causing there to be unmet demands in other parts of the market at that time.

The market for taxis – both Private Hire Vehicles and Hackneys is therefore influenced by many factors – both on the demand and the supply side. Demand for example is influenced by:

• The overall population,
• The extent of car ownership,
• Availability of other transport including public, community and private

transport,

• Levels of mobility impairment and disability,.
• Seasonality,

The extent and hours of the night time economy will affect demand. The market will also be influenced by the supply of Hackney and PHVs, in terms of the quality, affordability and quantity of provision – both perceived and actual.

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3

TAXI RANK SURVEYS

1. 1. Current taxi ranks

Two locations were surveyed. These were the official marked taxi rank on North Street in Guildford and the rank in Guildford Railway Station.

The Railway Station rank is on Railway property and may only be accessed by Hackney Carriages which have a permit purchased from Southern Railways. As such, not all Hackney Carriages have a permit and so, not all Hackney Carriages service the Railway Station rank. The rank on North Street may by serviced by all Hackney Carriages.

1. 1. Rank surveys

The ranks were surveyed continuously from 7.00 on Thursday 5^th February 2015 to 7.00 on Monday 9^th February 2015.

1. 1. Rank survey results

Full details of tabulated hourly passenger and Hackney Carriage volumes and waiting times for Hackney Carriages, are presented in Appendix A. Summary results are presented below as graphs of Hourly Passenger Volumes, Hourly Hackney Carriage Volumes, Average Hackney Carriage waiting time each hour and Hackney Carriage Queue Lengths in five minute increments.

The taxi ranks were surveyed, using video cameras fixed to nearby lamp posts, for four days, from Thursday morning to Monday morning, in order to capture the busiest periods of the week. This ensured that if there is any unmet demand that these are the days when this was most likely to be evident, as passenger waiting delays.

Passenger waiting times were recorded when passengers arrived at a taxi rank and there were no taxis waiting at the rank, i.e. passengers had to wait for a Hackney Carriage to arrive at the rank. On these occasions, waiting times were measured from the time when a passenger arrived at the taxi rank until a Hackney Carriage arrived at the rank, to pick up the passenger(s) or the passengers left without boarding a Hackney Carriage.

It is worth noting that the prevalent condition at the locations surveyed was that taxis queued, waiting for passengers, during the periods when the ranks were active. Therefore, for the majority of the times surveyed, passengers arrived at the taxi ranks and a Hackney Carriage was waiting and ready for immediate boarding. On these occasions, the recorded passenger wait time was zero.

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Railway Station

Guildford Railway Station Passengers per hour

[[Image:]]

Figure 1 – Railway Station Passengers Per Hour

Guildford Railway Station Hackney Carriages per hour

[[Image:]]

Thursday to Friday Friday to Saturday Saturday to Sunday Sunday to Monday

Figure 2 - Railway Station Hackney Carriages Per Hour

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Guildford Railway Station Hackney Carriage average wait times

[[Image:]]

Thursday to Friday Friday to Saturday Saturday to Sunday Sunday to Monday

Figure 3 - Railway Station Hackney Carriage Average Wait Times

Guildford Railway Station Hackney Carriage Queue Length

Thursday to Friday Friday to Saturday Saturday to Sunday Sunday to Monday

Figure 4 - Railway Station Hackney Carriage Queue Length

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North Street.

North Street Passengers per hour

[[Image:]]

Thursday to Friday Friday to Saturday Saturday to Sunday Sunday to Monday

Figure 5 – North Street Passengers Per Hour

North Street Hackney Carriages per hour

[[Image:]]

Thursday to Friday Friday to Saturday Saturday to Sunday Sunday to Monday

Figure 6 – North Street Hackney Carriages Per Hour

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North Street Hackney Carriage average wait times

[[Image:]]

Thursday to Friday Friday to Saturday Saturday to Sunday Sunday to Monday

Figure 7 - North Street Hackney Carriage Average Wait Times

North Street Hackney Carriage Queue Length

Thursday to Friday Friday to Saturday Saturday to Sunday Sunday to Monday

Figure 8 - North Street Hackney Carriage Queue Length

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3.4 Summary of results

The results of the rank surveys, in terms of passenger and vehicle statistics are presented in the following tables, for each day surveyed.

Table 2 Thursday to Friday Rank Summary Results

RANK LOCATION	TOTAL HACKNEY CARRIAGES DEPARTING RANK EMPTY		TOTAL HACKNEY CARRIAGES DEPARTING RANK WITH PASSENGERS	TOTAL HACKNEY CARRIAGES DEPARTING RANK	TOTAL PASSENGERS DEPARTING RANK	AVERAGE PASSENGERS PER HACKNEY CARRIAGE	AVERAGE WAIT TIME AT THE RANK PER HACKNEY CARRIAGE (MINUTES)
North Street		26	200	226	288	1	28
Railway Station		13	704	717	941	1	47
Total		39	904	943	1229	1.4	42

Table 3 Friday to Saturday Rank Summary Results

RANK LOCATION	TOTAL HACKNEY CARRIAGES DEPARTING RANK EMPTY		TOTAL HACKNEY CARRIAGES DEPARTING RANK WITH PASSENGERS	TOTAL HACKNEY CARRIAGES DEPARTING RANK	TOTAL PASSENGERS DEPARTING RANK	AVERAGE PASSENGERS PER HACKNEY CARRIAGE	AVERAGE WAIT TIME AT THE RANK PER HACKNEY CARRIAGE (MINUTES)
North Street		23	516	539	796	2	13
Railway Station		15	616	631	758	1	15
Total		38	1132	1170	1554	1.4	14

Table 4 Saturday to Sunday Rank Summary Results

RANK LOCATION	TOTAL HACKNEY CARRIAGES DEPARTING RANK EMPTY		TOTAL HACKNEY CARRIAGES DEPARTING RANK WITH PASSENGERS	TOTAL HACKNEY CARRIAGES DEPARTING RANK	TOTAL PASSENGERS DEPARTING RANK	AVERAGE PASSENGERS PER HACKNEY CARRIAGE	AVERAGE WAIT TIME AT THE RANK PER HACKNEY CARRIAGE (MINUTES)
North Street		34	613	647	1011	2	11
Railway Station		14	480	494	603	1	13
Total		48	1093	1141	1614	1.5	12

Table 5 Sunday to Monday Rank Summary Results

RANK LOCATION	TOTAL HACKNEY CARRIAGES DEPARTING RANK EMPTY		TOTAL HACKNEY CARRIAGES DEPARTING RANK WITH PASSENGERS	TOTAL HACKNEY CARRIAGES DEPARTING RANK	TOTAL PASSENGERS DEPARTING RANK	AVERAGE PASSENGERS PER HACKNEY CARRIAGE	AVERAGE WAIT TIME AT THE RANK PER HACKNEY CARRIAGE (MINUTES)
North Street		30	126	156	161	1	14
Railway Station		6	331	337	394	1	15
Total		36	457	493	555	1.2	15

The aggregate weekly total for Hackney Carriages and passengers, was estimated from the daily totals. The weekly total was estimated by factoring the Thursday results by four and adding the daily results from each of the other days, i.e. 7 days is represented by (4 x Thursday) + Friday + Saturday + Sunday.

Estimated weekly volumes are presented below.

Table 6 Estimated Weekly Ranks Volumes

RANK LOCATION	TOTAL HACKNEY CARRIAGES DEPARTING RANK EMPTY	TOTAL HACKNEY CARRIAGES DEPARTING RANK WITH PASSENGERS	TOTAL HACKNEY CARRIAGES DEPARTING RANK	TOTAL PASSENGERS DEPARTING RANK	AVERAGE PASSENGERS PER HACKNEY CARRIAGE	AVERAGE WAIT TIME AT THE RANK PER HACKNEY CARRIAGE (MINUTES)
North Street	191	2055	2246	3120	1.5	19
Railway Station	87	4243	4330	5519	1.3	36
Total	278	6298	6576	8639	1.4	30

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3.5 Commentary on results

The Railway Station rank accounted for approximately 69% of all rank hires observed.

Around 4% of all Hackney Carriages departing the ranks, left empty. When Hackney Carriages leave the rank empty, this is often in response to a radio call to send the vehicle to pick up a telephone booking.

3.6 Passenger queuing

Sixty occurrences of passenger queuing were observed. Twenty five of these were observed at the North Street rank and the remainder were observed at the Railway Station rank.

Forty six of the passenger queuing occurrences, at both ranks, were during the quieter day time hours rather than during the peak night time economy periods.

Hackney Carriages tend to operate at times in response to demand. So more drivers work the ranks during busier times. With fewer Hackney Carriages required during low demand periods, occasions can arise when several hires occur during a short period and take all of the vehicles off a rank for a short period. This was generally the situation at the times when queuing was observed.

The total number of passengers who had to wait at a rank for a Hackney Carriage was 81. This equates to 1.6% of all passengers observed.

The incidence of queuing at ranks is taken into account when calculating the Index of Significant Unmet Demand (ISUD).

Wheel Chair Users

Only one wheel chair hire was observed during the four days of rank observation. A party of three arrived at the North Street rank on Saturday afternoon. The wheel chair party had to let several Hackney Carriages pass leave the rank as the vehicles at the head of the vehicle queue on the rank seemed unable to cope with the wheel chair. The nature of the rank configuration is such that it is not feasible for a wheel chair to access vehicles further back in the queue. The wheel chair party managed to board a Hackney Carriage after 10 minutes.

3.7 Balance of Supply and Demand

The balance of supply of Hackney Carriages and demand for Hackney Carriages was assessed at each of the ranks. The balance of supply and demand was categorised for each hour, according to the following criteria.

• Excess Supply – The minimum Hackney Carriage queue in an hour was three or more Hackney Carriages and no occurrences of Passenger Queuing were observed.
• Equilibrium – The minimum Hackney Carriage queue in an hour was two or less and the maximum passenger queue was two or less, or the maximum passenger wait was less than one minute. During observed

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periods when no activity was observed, this was taken as a period of equilibrium.

• Excess Demand – The maximum passenger queue in an hour was three or more, or the maximum passenger wait exceeds one minute.

The Balance of Supply and Demand is summarised in the following tables.

Table 7 - Balance of Supply and Demand at the North Street rank

		Excess Supply		Equilibrium	Excess Demand
North Street	Thursday to Friday		10	10	4
	Friday to Saturday		10	10	4
	Saturday to Sunday		11	12	1
	Sunday to Monday		1	22	1
	Total		32	54	10
	Total %		33.3%	56.3%	10.4%

Table 8 - Balance of Supply and Demand at the Railway Station rank

		Excess Supply		Equilibrium	Excess Demand
Railway Station	Thursday to Friday		12	8	4
	Friday to Saturday		12	10	2
	Saturday to Sunday		9	15	0
	Sunday to Monday		11	13	0
	Total		44	46	6
	Total %		45.8%	47.9%	6.3%

Table 9 - Summary of the Balance of Supply and Demand across all ranks

		Excess Supply		Equilibrium	Excess Demand
All ranks	Thursday to Friday		22	18	8
	Friday to Saturday		22	20	6
	Saturday to Sunday		20	27	1
	Sunday to Monday		12	35	1
	Total		76	100	16
	Total %		39.6%	52.1%	8.3%

The most common condition of the ranks was equilibrium, with some excess supply. The occurrences of excess demand were relatively low.

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4	PUBLIC CONSULTATION

4.1 Public consultation questionnaires

A public attitude survey was undertaken in Guildford The questionnaire was designed for this study and implemented by a specialist survey contractor who used experienced staff to carry out the interviews with the public. The use of experienced surveyors enabled respondents to be guided through the questions. 213 on street surveys were completed.

The terms Hackney Carriage and Private Hire Vehicle are used in relation to these specific vehicle types.

Whilst 213 respondents provided feedback to the questionnaires, not all respondents answered all questions. Therefore, the totals, for responses, in each table do not always add up to 213.

The questionnaire, together with the analysis of responses, is presented below.

	This brief questionnaire relates to Hackney Carriages and Private Hire Vehicles in the Guildford Council area.
	There are two broadly defined types of vehicle, which operate for hire in Guildford. These are Hackney Carriages and Private Hire Vehicles, sometimes known as mini cabs. Hackney Carriages have a “TAXI” sign on the roof. Private Hire Vehicles do not have a TAXI sign on the roof.

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1.	“Can you tell me all the ways in which a Private Hire Vehicle may be hired? i.e. the ones without a TAXI sign on the roof.” Possible answers (tick all which apply): [This is to establish the level of understanding of the interviewee. Do not show to interviewee or suggest any answers to the interviewee] Book by telephone Book online or via a mobile app. Book in person at a Private Hire Booking office Hail a passing cab in the street Hire a waiting cab in the street or in a car park Hire one at a taxi rank Don’t know Other (Please enter details) Options A, B or C are valid choices. However, 91 (43%) of the respondents chose one or more of the non-valid options. The most commonly chosen nonvalid option chosen was option E. The purpose of this question was to establish the level of knowledge of the consultee, regarding licensed vehicles. For those who were not familiar with the differences between Hackney Carriages and Private Hire Vehicles, the interviewer explained the differences, prior to asking subsequent questions.
2.	“Can you tell me all the ways in which a Hackney Carriage may be hired? i.e. the ones with a TAXI sign on the roof.” Possible answers (tick all which apply): [Do not show to interviewee or suggest any answers to the interviewee] Book by telephone Book online or via a mobile app. Book in person at a Private Hire Booking office Hail a passing cab in the street Hire a waiting cab in the street or in a car park Hire one at a taxi rank Don’t know Other (Please enter details) All options are valid. The most commonly identified option was I – Book by telephone.
3.	If the interviewee gets the answers to 1 or 2 wrong, explain to the interviewee that Private Hire Vehicles must be pre-booked before use. Hackney Carriages can be pre-booked, hailed in the street or hired at a taxi rank.

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4.	In the last three months, have you made one or more trips by Hackney Carriage or Private Hire Vehicle in Guildford and, if yes, was this a Hackney Carriage or Private Hire vehicle? Yes Private Hire 1 22 10.3% Yes Hackney Carriage 2 52 24.4% Yes both types or don’t know 3 81 38.0% No 4 58 27.2% 213 100.0% If the answer is No, then go to Question 12 otherwise go to Q5
5.	How frequently do you travel by Hackney Carriage, as opposed to Private Hire Vehicle? Rarely (e.g. less than twice a year) 1 8 3.8% Very Occasionally (e.g. two to five trips a year) 2 40 18.8% Occasionally (e.g. six to ten trips per year) 3 40 18.8% Fairly often (e.g. up to five trips per month) 4 50 23.5% Frequently (e.g. more than one trip per week) 5 59 27.7% Never 6 16 7.5% 213 100.0%
6.	Regarding your last trip by Hackney Carriage or Private Hire Vehicle, how did you obtain your Hackney Carriage or Private Hire Vehicle? At a rank 1 Go to Q7 22 10.3% Hailed in the street 2 Go to Q8 52 24.4% By telephone 3 Go to 9 81 38.0% Don’t recall 58 27.2% 213 100.0%
7.	If hired from a rank – How long did you have to wait for a Hackney Carriage at the rank? ____________________________minutes Go to Q12 0 minutes 8 3.8%
	5 minuets	8		3.8%
10 minutes	4		1.9%
15 minutes	2		0.9%
N/A	191		89.7%
	213		100.0%

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8.	If hailed on the street- How long did it take you to hail a Hackney Carriage from the time you started looking for one? ______________________minutes Go to Q12
	0 minutes	0			0.0%
1 minute	0			0.0%
2 minutes	16			7.5%
3 minutes	8			3.8%
4 minutes	8			3.8%
5 minutes	7			3.3%
6 minutes	1			0.5%
7 minutes	6			2.8%
8 minutes	2			0.9%
9 minutes	0			0.0%
10 minutes	4			1.9%
N/A	161			75.6%
	213			100.0%
9.		If hired by telephone- Did you require the Hackney Carriage or Private Hire Vehicle immediately, or did you pre-book it for another time? Immediately 1 Go to Q11 72 33.8% Not immediately 2 Go to Q12 9 4.2% N/A 132 62.0% 213 100.0%
10.		If you telephoned for an immediate booking, how long did it take for the Hackney Carriage or Private Hire Vehicle to arrive? ______________________________minutes Go to Q12
0 minutes		4			1.9%
3 minutes		5			2.3%
4 minutes		2			0.9%
5 minutes		34			16.0%
9 minutes		4			1.9%
10 minutes		15			7.0%
15 minutes		4			1.9%
20 minutes		0			0.0%
N/A or don’t recall		145			68.1%
		213			100.0%

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11.

If pre booked for another time, how close to the booked time did the Hackney Carriage or Private Hire Vehicle arrive? -_____minutes early, or, On time 99 , or, +______minutes late (use negative numbers to denote early arrival and positive numbers to denote late arrival) Go to Q12 All pre-booked Hackney Carriages arrived on time

12.

With respect to the standard of Hackney Carriages, in Guildford. How would you rate the following aspects, using the ratings; Very Poor (1), Poor (2), Neutral (3), Good (4) or Very Good (5): Vehicle Cleanliness Standard of mechanical condition Driver Helpfulness Driver standard of dress Driver standard of hygiene Driver professionalism Driver communication Driver knowledge of the area. a b c d e f g h Very Poor 12 0 0 0 0 0 0 0 Poor 0 0 14 7 21 0 11 10 Neutral 32 57 28 97 67 64 51 36 Good 114 100 114 61 72 101 104 75 Very Good 55 56 57 48 53 48 47 92 Total 213 213 213 213 213 213 213 213 a b c d e f g h Very Poor 6% 0% 0% 0% 0% 0% 0% 0% Poor 0% 0% 7% 3% 10% 0% 5% 5% Neutral 15% 27% 13% 46% 31% 30% 24% 17% Good 54% 47% 54% 29% 34% 47% 49% 35% Very Good 26% 26% 27% 23% 25% 23% 22% 43% Total 100% 100% 100% 100% 100% 100% 100% 100%

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13.	With respect to the standard of Private Hire Vehicles, in Guildford. How would you rate the following aspects, using the ratings; Very Poor (1), Poor (2), Neutral (3), Good (4) or Very Good (5): Vehicle Cleanliness Standard of mechanical condition Driver Helpfulness Driver standard of dress Driver standard of hygiene Driver professionalism Driver communication Driver knowledge of the area.
				i	j		k		l	m	n	o	p
Very Poor			0	0		0		0	0	0	0	0
Poor			0	0		0		0	0	0	6	0
Neutral			18	43		52		74	46	74	48	40
Good			145	105		86		68	113	86	96	43
Very Good			50	65		75		71	54	53	63	130
Total			213	213		213		213	213	213	213	213
			i	j		k		l	m	n	o	p
Very Poor			0%	0%		0%		0%	0%	0%	0%	0%
Poor			0%	0%		0%		0%	0%	0%	3%	0%
Neutral			8%	20%		24%		35%	22%	35%	23%	19%
Good			68%	49%		40%		32%	53%	40%	45%	20%
Very Good			23%	31%		35%		33%	25%	25%	30%	61%
Total			100%	100%		100%		100%	100%	100%	100%	100%
	THE FOLLOWING QUESTIONS RELATE TO HACKNEY CARRIAGES ONLY, NOT PHVs
14.	Have you experienced problems in obtaining a Hackney Carriage in Guildford in the last three months? Yes 1 Go to Q15 No 2 Go to Q18
	Yes		6			2.8%
No		207			97.2%
		213			100.0 %
15.	If yes, for what reason?__________________________________________________ See answers in 17

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16.	If yes, Where did this problem occur? See answers in 17
17.	If yes, approximately what time of day and day of week did this occur? Reason Where When Didn't arrive at booked time Night Out Weekd ay Taxi was late Night Out 12pm Didn't arrive at booked time Home Wed N/A N/A N/A N/A N/A N/A Taxi failed to show Near North Street 11pm
18.	What method do you use most often to obtain a Hackney Carriage (NOT PRIVATE HIRE!)? Phone booking 1 159 74.6% Hailed 2 14 6.6% At Rank 3 40 18.8% Never use Hackney Carriages 4 0 0.0% 213 100.0%
19.	How would you assess the availability of Hackney Carriages in Guildford ? Very good 5 Good 4 Average 3 Poor 2 Very poor 1 Don’t know 6 Very Poor 0 0.0% Poor 0 0.0% Neutral 2 0.9% Good 74 34.7% Very Good 137 64.3% Don’t know 0 0.0% 213 100.0%
20.	Are there any locations where you would like a new Taxi Rank? Yes 1 Go to Q21 No 2 Go to Q22
	Yes	3	1.4%
No	209	98.6%
	212	100.0%

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21.	If the answer above was yes, please specify.
22.	Are there any existing Taxi ranks that you would use more often if Hackney Carriages were more reliably found there? Yes 1 Go to Q23 No 2 Go to Q24
	Yes	7	3.3%
No	206	96.7%
	213	100.0%
23.		If the answer above was yes, please specify.
Station
North Street
North Street
North Street
Station
North Street
Small rank in town centre (not North Street)
24.	Have you wanted to hire a Hackney Carriage in the last three months at a rank or by hailing and given up or made alternative arrangements for travel because none were available? Yes 1 Go to Q25 No 2 Go to Q26 Yes 0 0.0% No 213 100.0% 213 100.0%
25.	If the answer to the previous question is yes, could you state where you tried to hire the Hackney Carriage? _________________________________________________________

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26.	Have you wanted to book a Hackney Carriage specifically, as opposed to a Private Hire Vehicle, by telephone or online, for immediate travel, in the last three months and had to make alternative arrangements because a Hackney Carriage was not available within a reasonable time? [Remember, this relates to Hackney Carriages not Private Hire, check for understanding] Yes 1 Go to Q27 No 2 Go to Q28 Yes 5 2.3% No 208 97.7% 213 100.0%
27.	If the answer to the previous question is yes, how long approximately was the wait time quoted? ____________minutes or No Availability (Code 999 minutes if no availability) 60 No availability 60 60 No availability
28.	Are there any features of Hackney Carriage services in Guildford that you feel are particularly good? If so, please tell us what features. Drivers Well maintained taxis Drivers Drivers Courteousness of drivers Taxis are frequent and reliable most of the time Drivers Drivers Drivers Drivers Drivers

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29.	Have you or any member of a party you were travelling with, used a wheel chair whilst travelling by Hackney Carriage in the last three months? Yes If yes, please go to Q30 No, If no, please go to Q31 Ye s 0 0.0% No 213 100.0% 213 100.0%
30.	Did you or your party face any difficulties hiring a suitable vehicle to carry the wheel chair using passenger? If so, please tell us what difficulties were presented.
31.	Are there any features of Hackney Carriage services in Guildford that you feel are UNSATISFACTORY? If so, please tell us what features. Improved access for prams and pushchairs Better driver knowledge Better driver knowledge
32.	Would you like to see any improvements to Hackney Carriage services in Guildford? If so, what improvements would you like to see? Lower fares Concession fare Lower fares Lower fares
33.	Are you a permanent resident in Guildford Council area? Permanent Resident 161 75.6% Visitor on business 29 13.6% Tourist 12 5.6% Visitor (other) 11 5.2% 213 100.0%

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34.	Is the respondent Male 1 or Female 2 Male 101 47.4% Fem ale 112 52.6% 213 100.0%
	Thank the respondent for their patience and cooperation.

4.2 Comments on results

Almost two thirds of the respondents had used a Hackney Carriage or Private Hire Vehicles in the last three months. Approximately half of respondents use Hackney Carriages once a month or more frequently.

Most people seemed to be able to obtain a Hackney Carriage when they wanted one, whether this was by booking or through rank hire or hailing. The majority of respondents felt that availability was good or very good.

Private Hire Vehicles and drivers are generally more highly rated than Hackney Carriage vehicles and drivers

The proportion of respondents who had given up trying to hire a Hackney Carriage at a rank or by hailing, was very low at 0%. This factor is an indicator of the level of latent unmet demand and the low value indicates that there is little or no latent unmet demand.

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5	TRADE CONSULTATION

5.1 Background

In accordance with DfT guidance on the conduct of Hackney Carriage Unmet Demand surveys, information was gathered from a variety of sources. Views were canvassed regarding the taxi industry and levels of service from different perspectives. Consultation was undertaken with a range of stakeholders. These included representatives of groups or organisations which use taxis, or undertake related activities and representatives from the taxi business itself.

Taxi trade consultation

Members of the Private Hire and Hackney Carriage trades were asked for feedback on any issues they wanted to raise with respect to the trade Guildford. Business owners and operators were invited to comment on issues which affect the trade.

Many respondents were aware of consultation on licensed vehicles, which had been implemented prior to this unmet demand survey. Some assumed that the consultation undertaken as part of the unmet demand survey was a continuation of earlier consultation work. This assumption appeared to limit feedback.

Self-completion questionnaires were sent to Hackney Carriage drivers. 44 questionnaires were returned, either in freepost envelopes or by completion of an online version of the questionnaire.

In addition to the consultation above, a sample of drivers were also interviewed at the North Street rank and Railway Station rank.

The feedback from the completed questionnaires, and consultation with owners and drivers is presented in this section of the report.

Drivers indicated that the average number of rank hires undertaken is around 9 hires per day. Hailing is rare as a means of hire, during the day. Hailing is more common at night, but still forms only a small part of the hire market.

Some Hackney Carriage drivers operate on radio circuits and service bookings through a Private Hire or Taxi operator. Those who do operate on the radio circuits reported an average of around 4 to 5 bookings per day.

The majority of respondents indicated that there are very few hires which involve the carriage of a wheel chair. Many of the drivers interviewed and feedback from questionnaires and consultees also indicated that there are very few wheel chair hires. Most journeys which require carriage of a wheel chair are booked in advance.

Whilst the number of Hackney Carriage plates was not capped, at the time of the survey, there are different vehicle type requirements associated with different plate numbers. Those Hackney Carriage plates numbered up to 99, may use saloon cars as Hackney Carriages. Hackney Carriage plate numbers from 100

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upwards must be wheel chair accessible vehicles. There were many complaints from drivers and owners of the larger wheel chair accessible vehicles, that these vehicles are more expensive to run, than saloon cars.

The argument was put forward in many responses that wheel chair accessible vehicles are:

• Not as comfortable as saloon cars,
• They are less attractive than saloon cars, to older passengers,
• They are noisy and uncomfortable for longer journeys on motorway trips,
• Passengers often want to choose a saloon car off the rank, rather than a wheel chair accessible vehicle. So wheel chair accessible vehicle drivers are losing income to saloon car drivers.

The Railway Station rank may only be used by Hackney Carriages with a permit to operate on the Railway Station rank. The permits are sold to Hackney Carriage owners for a reported £740 per year.

Adverse issues

A range of issues which affect the trade have been identified. These are summarised below:

• Too many Hackney Carriages and over crowded ranks
• The fares are too high. Poor exit from North Street rank and the Railway Station leads into traffic congestion and high fares for passengers sitting in traffic.
• Private Hire Vehicles touting / plying for hire in the town and parking outside night clubs, waiting to pick up walk up fares.
• Day time customers tend to be older and prefer saloon cars rather than wheel chair accessible vehicles.
• Hackney Carriages from other areas work in Guildford as Private Hire Vehicles. Even with the roof light unlit, the public still try to hail these out of area hackneys, or walk up and try to hire these vehicles when they are parked or waiting.

New or improved ranks

The trade were asked if any new ranks or improvements to existing ranks were needed. Common responses are summarised below:

• Increase the size of North Street rank
• Millbrook
• Bedford Road, near TGI Friday
• Extend the M&S rank and improve markings
• Lower High Street
• Upper High Street
• Hospital
• University
• Pirbright camp

Some respondents indicated that to establish a new rank would take a long time, until the public got used to a rank, with waiting Hackney Carriages. Therefore, increasing space at the North Street rank was seen as of prime importance.

Feedback also included the following sentiments:

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• Signage at the existing ranks needs to be improved and signage is needed in town to point pedestrians towards the taxi ranks.
• Customer care and level of service is generally good. However, some drivers refuse short fares.
• Some wheel chair accessible Hackney Carriages avoid taking wheel chairs.

Other places used to wait for fares

Respondents indicated that the following locations were used to wait for fares:

• Lower High Street
• Tesco car park
• Bedford Road, by TGI Friday
• Millbrook (near Legion club)

Benefits of limiting

Members of the trade were asked to identify any benefits to the public, which are available through limiting the number of Hackney Carriage plates. The following benefits were identified:

A limit enables drivers to earn a better living, which in turn keeps experienced drivers in the trade and leads to a more professional service. Vehicles are better maintained, with higher income. With no restriction, there are more vehicles in the market, so income is lower and maintenance standards would be lower and vehicle renewals would be less frequent. So limiting the number of plates leads to a smarter, newer and better maintained fleet, with professional drivers who provide better service to the public.

With a limit, more vehicles will have multiple drivers and with multi-shifting of vehicles, more drivers will work nights and better meet peak demand.

Currently some drivers are working excessive hours, in excess of 12 hours a day. Some drivers fall asleep in their vehicles when waiting on the rank. If they are so tired, this is likely to lead to an accident. So a limit will improve income and reduce the need to work excessive hours and improve safety. One vehicle will be able to keep two drivers busy, rather than one driver trying to work all the hours and damaging health, as well as becoming a danger to the public.

Plate values

It is generally the case, in licensing areas where there is no limit on Hackney Carriage plates, that there is no intrinsic value to a Hackney Carriage plate. In areas with a limit, hackney plate values generally do exist. At the time of the survey, Guildford had a partial limit in place. The number of plates which could be fixed to a saloon car, was limited to 99. All plate numbers higher than this had to be wheel chair accessible. The lower numbered plates are seen to be more desirable, as saloon cars are cheaper to purchase and run. Given the enhanced desirability of a saloon car plate, and the limit maintained on these plates, they attract a premium value.

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6	STAKEHOLDER CONSULTATION

6.1 Background

The Department for Transport Taxi and Private Hire Vehicle Licensing: Best Practice Guidance suggests that consultation should include all those concerned with using the services provided by Hackney Carriages, including user groups (which should include groups representing people with disabilities, and people such as students or women), the police, hoteliers, operators of pubs and clubs and visitor attractions, and providers of other transport modes (such as train operators, who want taxis available to take passengers to and from stations).

6.2 Stakeholders

A range of interest groups and representatives were contacted to canvas views on the Hackney Carriage and Private Hire trades in Guildford. Relatively few of the consultees had any view to provide or any issues to raise. In many respects, this is a good indication that, from the user’s perspective, the services provided by the Hackney Carriages in Guildford are working well. Indeed, many of the responses received supported this hypothesis.

The following bodies or representatives were contacted:

• University of Surrey
• Age UK, SeeAbility, Surrey Association for Visual Impairment.
• Town Centre Management
• Police
• Royal Surrey County Hospital.
• Southern Railways
• Arriva & Stagecoach
• Town Centre Bars and Clubs
• Supermarkets
• Hotels

Feedback was sought through a combination of telephone calls, emails and visits. Whilst some consultees did not respond, we did receive feedback from 17 consultees. Most of these were from those we contacted directly by telephone or face to face contact.

6.3 Feedback received

Feedback received from elderly, disabled or mobility impaired representatives suggested that services from Hackney Carriage vehicles generally met the requirements of those who relied upon licensed vehicles for transport. Most users who rely on licensed vehicles have an existing relationship with a provider and they regularly use this provider. There have been some anecdotes of people finding difficulty with carrying a wheel chair, if they use an other provider, or try to hire a taxi at a rank. However, such events were rare.

27

Feedback from the night time economy indicated that they were not aware of any issues with availability of licensed vehicles. There is a fairly high level of awareness, amongst the night time economy respondents, of the differences between Hackney Carriages and Private Hire Vehicles, but they generally felt that members of the public didn’t always draw a distinction. It was felt that most customers book taxis on mobile phones, but some were seen approaching Private Hire Vehicles, for on the spot hires, without appearing to pre-book. At closing times, some people would attempt to flag down a taxi, not necessarily distinguishing between Private Hire Vehicles or Hackney Carriages.

It is rare for licensed premises or hotels to book a taxi on behalf of clients. There is generally information available with operator contact details and clients will generally call these numbers themselves.

All of the supermarkets had Freephone telephone to connect to a local operator, for shoppers who wanted to hire a licensed vehicle. None of the supermarkets had a particularly high volume of taxi users.

No bus or rail related representatives raised any issues.

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7	COMPARISON OF LICENSED VEHICLE FLEET SIZE

7.1 Comparison

A comparison of the proportion of licensed vehicles, per head of population can inform the view of the licensed vehicle provision within Guildford Vale as a whole. The following figure presents the proportion of licensed vehicles per 1000 people in Guildford Borough with all other authorities in the South East of England region. Licensed Vehicle numbers are based on March 2013 figures and Mid 2012 population data.

The data is presented in a table and graphically, in a stacked bar chart. The height of each bar represents the number of licensed vehicles per 1000 people. Each bar is broken down as Hackney Carriages and Private Hire Vehicles.

The chart is sorted into two broad groups which are the authorities which do not limit the number of Hackney Carriages, which are to the left of the chart and those which do limit the number of Hackney Carriages, which are on the right of the chart. These groups are further sorted in order of the total proportion of licensed vehicles.

The statistics for Guildford Borough are: 1 Hackney Carriages per 1000 people and 2 Private Hire Vehicles per 1000 people. These proportions combine to form a total of 3 licensed vehicles per 1000 people.

The proportion of licensed vehicles in Guildford Borough is towards the higher end of the rage of all the licensing authorities which do not limit the number of hackney carriages.

29

Table 10 - Comparison of Licensed Vehicle Proportions

Licensing Authority and Hackney Carriage cap status	Hackney Carriages per 1,000 population.	Private Hire Vehicles (PHVs) per 1,000 population.	Total Hackney Carriages and PHVs per 1,000 population.
Daventry [No Limit]	1	0.1	1.1
Kettering [No Limit]	0.6	0.6	1.2
Horsham [No Limit]	0.4	1	1.3
Gosport [No Limit]	0.7	0.9	1.5
Ashford [No Limit]	0.6	0.9	1.5
Swale [No Limit]	1.2	0.4	1.5
South Bucks [No Limit]	0.6	1	1.6
Rother [No Limit]	1.2	0.4	1.6
Isle of Wight [No Limit]	1.3	0.3	1.7
Wokingham [No Limit]	0.6	1.2	1.8
Surrey Heath [No Limit]	1.1	0.8	1.9
Waverley [No Limit]	1.4	0.5	1.9
Vale of White Horse [No Limit]	1.2	0.8	2
West Oxfordshire [No Limit]	1.1	0.8	2
Basingstoke and Deane [No Limit]	0.4	1.6	2
Arun [No Limit]	1.9	0.2	2.1
Chichester [No Limit]	0.4	1.7	2.1
East Northamptonshire [No Limit]	1.3	0.8	2.1
New Forest [No Limit]	0.7	1.5	2.2
Winchester [No Limit]	1	1.3	2.2
Spelthorne [No Limit]	0.8	1.4	2.2
Dartford [No Limit]	0.9	1.3	2.2
Rushmoor [No Limit]	1.6	0.7	2.3
Medway [No Limit]	1.6	0.7	2.3
Cherwell [No Limit]	0.9	1.6	2.4
Mole Valley [No Limit]	1.3	1.1	2.4
Tandridge [No Limit]	1.6	0.9	2.4
Wellingborough [No Limit]	0.7	1.7	2.4
Sevenoaks [No Limit]	1.7	0.8	2.5
East Hampshire [No Limit]	0.9	1.7	2.6
Fareham [No Limit]	2	0.5	2.6
Hart [No Limit]	1.7	0.9	2.6
Chiltern [No Limit]	1.5	1.2	2.7
Canterbury [No Limit]	1.6	1.1	2.7
Gravesham [No Limit]	2.2	0.5	2.7
Shepway [No Limit]	2.5	0.2	2.7
Worthing [No Limit]	0.7	2.1	2.7
Guildford [No Limit]	1	2	3
Lewes [No Limit]	2.5	0.5	3
Wycombe [No Limit]	0.5	2.7	3.2
Northampton [No Limit]	0.6	2.6	3.3
Tonbridge and Malling [No Limit]	1.6	2	3.6
Wealden [No Limit]	1.4	2.4	3.8
South Oxfordshire [No Limit]	3	1.3	4.3
Eastleigh [No Limit]	0.8	3.5	4.3
Elmbridge [No Limit]	1.1	3.2	4.3
Eastbourne [No Limit]	1	3.6	4.6
Epsom and Ewell [No Limit]	0.8	4.1	4.8
Reigate and Banstead [No Limit]	0.6	5.4	6
Woking [No Limit]	1.1	5.5	6.6
Windsor and Maidenhead [No Limit]	1	5.9	6.9
Test Valley [Limit]	0.3	1.2	1.5
Dover [Limit]	0.6	1	1.7
Maidstone [Limit]	0.3	1.4	1.7
West Berkshire [Limit]	1.2	0.8	2.1
Tunbridge Wells [Limit]	0.9	1.2	2.1
Bracknell Forest [Limit]	0.7	1.6	2.3
Mid Sussex [Limit]	1.1	1.2	2.3
Adur [Limit]	1.2	1.6	2.8
Corby [Limit]	1.8	1.1	2.9
Hastings [Limit]	0.5	2.9	3.4
Brighton and Hove [Limit]	2	1.6	3.5
Southampton [Limit]	1.2	2.4	3.6
Milton Keynes [Limit]	0.8	2.9	3.8
Aylesbury Vale [Limit]	0.3	3.7	4
Reading [Limit]	1.5	2.6	4.1
Havant [Limit]	0.3	3.8	4.1
Thanet [Limit]	0.8	3.3	4.1
Oxford [Limit]	0.7	3.7	4.4
Slough [Limit]	0.8	4.3	5.1
Portsmouth [Limit]	1.1	4.5	5.6
Crawley [Limit]	1.1	4.9	6.1

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[[Image:]]

Figure 9 - Comparison of Licensed Vehicle Proportions

Guildford Hackney Carriage Unmet Demand Survey 2014- Vector Transport Consultancy r2.doc 31

Vector Transport Consultancy [18]www.vector-consultancy.co.uk[19]www.taxi-surveys.co.uk[20]

8	DETERMINATION OF UNMET DEMAND

8.1 Quantitative Assessment

We have calculated a factor for the Incidence of Significant Unmet Taxi Demand (ISUD) using the following standard formula:

ISUD = APD x PF x SSP x GID x SF x LDF

where:

ISUD = Incidence of Significant Unmet Demand

APD = Average passenger delay across all time periods

PF = whether the demand is highly peaked. This will equal 1 if there is no peaking and 0.5 if peaking is present

SSP = Steady State Performance - Percentage of weekday daytime hours in which passenger queues are observed

GID = General Incidence of Delay - Proportion of Hackney Carriage users travelling in hours where average passenger delay exceeds one minute

SF = Seasonality Factor

LDF = Latent Demand Factor. Takes into account trips not made owing to perceived poor quality of service. [[Image:]]

An ISUD value of 80 or higher is generally taken as indicating there is significant unmet demand.

The ISUD factor was developed in the early 1990s and has been used by a number of transport consultancies since that time for Unmet Demand Surveys. It provides a useful benchmark measure of the level of unmet demand that is present. It combines a number of intuitive measures of Unmet Demand with the intention that locations where there are long delays in most hours for a high proportion of passengers produce very high values, while minimal delays for short periods affecting a small minority of passengers result in a low value.

8.2 Calculation of ISUD variables

APD: Passenger delays were rare. The average delay is determined by calculating the total passenger delay as aggregate passenger delay minutes, then dividing by the total number of passengers, including those who did not suffer any delay.

The average delay in passenger minutes was 0.05 minutes (3 seconds).

Guildford Hackney Carriage Unmet Demand Survey 201432

PF There was a peak in demand across the taxi ranks surveyed.

Between 23:00 to 02:00 on Friday and Saturday nights. This peak is considered to be a sharp peak in demand. Therefore, the PF value is 0.5.

SSP Week day, daytime hours are deemed to be between 7.00 am and 6.00 pm. Within this eleven hour period, on Friday and Monday, Qualifying passenger queues were observed for 6.4% of the time. Therefore, SSP value =

6.4

GID The percentage of Hackney Carriage users travelling in hours where the average passenger delay exceeds one minute was assessed.

The GID value =0% The average passenger delay did not exceeda minute in any hour.

SF Due to the nature of these surveys it is not possible to collect information throughout an entire year to assess the effects of seasonality. Experience has suggested that Hackney demand does exhibit a degree of seasonality and this is allowed for by the inclusion of a seasonality factor. The factor is set at a level to ensure that a marginal decision either way obtained in an “untypical” month will be reversed. This factor typically takes a value of 1 for surveys conducted in September to November and March to June, i.e. “typical” months. It takes a value of 1.2 for surveys conducted in January and February and the longer school holidays, where low demand the absence of contract work will bias the results in favour of the Hackney trade, and a value of 0.8 for surveys conducted in December during the pre-Christmas rush of activity. For this study, a factor of 1.0 is assumed.

LDF Latent Demand Factor. This is derived from the public attitude survey results and provides a measure of the proportion of the public who have given up trying to obtain a Hackney Carriage at either a rank or by flagging down. It is measured as 1+ proportion giving up waiting. The inclusion of this factor is a response to the latest DfT guidance requiring an estimate of latent demand.

The public consultation survey results indicate that 0% of respondents have given up trying to hire a taxi by hailing or at a rank. Therefore, the LDF factor is 1.0.

The ISUD value was calculated as follows, using the variables derived for this study.

ISUD = APD x PF x SSP x GID x SF x LDF

ISUD = 0.05 x 0.5 x 6.4 x 0 x 1.0 x 1.0 = 0

Where the ISUD value is less than 80, it is generally considered to be an indicator that there is no unmet demand.

8.3 Consideration of wider factors.

The ISUD value of 0 falls below the level which would suggest that the level of unmet demand is significant. This value is derived as one of the coefficients is zero, therefore, the overall index value would be zero, irrespective of other

33

coefficients. Whilst a powerful indicator, the ISUD value should not be taken in isolation. Other available evidence should also be considered.

The balance of supply and demand suggests that periods of excess demand are limited and the prevailing condition at the ranks is equilibrium or excess supply.

There is no evidence of Significant Unmet Demand.

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9	CONCLUSIONS

9.1 Unmet demand

Analysis of the taxi rank survey data indicates that there was some evidence of unmet demand, through the presence of passenger queues from time to time. However, the presence of queueing was periodic, rather than continuous, and was not sufficient to indicate the presence of Significant Unmet Demand. The ISUD coefficient is below the threshold which would indicate the presence of Significant Unmet Demand. Therefore, the conclusion is that there is no Significant Unmet Demand.

9.2 Additional issues identified

Touting and plying for hire by Private Hire Vehicles is seen as an issue in Guildford.

The demand for rank space exceeds available space on occasions at both the main ranks in use. This was an issue commonly identified by the trade.

9.3 Conclusions and Recommendations

It is concluded that no additional Hackney Carriage licenses are required at this time, to service existing demand. Passenger queuing was not significant or prevalent. There is no Significant Unmet Demand.

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APPENDIX A RANK OBSERVATION RESULTS

36

[[Image:]]

Guildford Railway Station			Thursday to Friday
HOUR BEGINNING	TOTAL HACKNEY CARRIAGES DEPARTING RANK EMPTY	TOTAL HACKNEY CARRIAGES DEPARTING RANK WITH PASSENGERS	TOTAL HACKNEY CARRIAGES DEPARTING RANK	TOTAL PASSENGERS DEPARTING RANK	AVERAGE PASSENGERS PER HACKNEY CARRIAGE	AVERAGE WAIT TIME AT THE RANK PER HACKNEY CARRIAGE (MINUTES)
07:00	2	8	10	8	1.0	16
08:00	0	34	34	34	1.0	18
09:00	2	48	50	57	1.2	8
10:00	0	30	30	41	1.4	17
11:00	7	22	29	33	1.5	26
12:00	4	19	23	29	1.5	40
13:00	1	22	23	28	1.3	39
14:00	0	26	26	32	1.2	26
15:00	1	24	25	29	1.2	28
16:00	2	31	33	45	1.5	27
17:00	0	37	37	39	1.1	7
18:00	0	53	53	64	1.2	4
19:00	0	41	41	46	1.1	10
20:00	1	44	45	51	1.2	15
21:00	0	32	32	37	1.2	12
22:00	0	36	36	50	1.4	19
23:00	0	36	36	45	1.3	25
00:00	0	34	34	49	1.4	9
01:00	0	12	12	12	1.0	29
02:00	0	8	8	8	1.0	0
03:00	0	0	0	0	0.0	0
04:00	0	0	0	0	0.0	0
05:00	0	5	5	5	1.0	5
06:00	0	3	3	16	5.3	9
Total	13	704	717	941	1.3	47
Guildford Railway Station			Friday to Saturday
HOUR BEGINNING	TOTAL HACKNEY CARRIAGES DEPARTING RANK EMPTY	TOTAL HACKNEY CARRIAGES DEPARTING RANK WITH PASSENGERS	TOTAL HACKNEY CARRIAGES DEPARTING RANK	TOTAL PASSENGERS DEPARTING RANK	AVERAGE PASSENGERS PER HACKNEY CARRIAGE	AVERAGE WAIT TIME AT THE RANK PER HACKNEY CARRIAGE (MINUTES)
07:00	2	20	22	22	1.1	8
08:00	0	26	26	30	1.2	11
09:00	1	32	33	38	1.2	17
10:00	0	29	29	36	1.2	26
11:00	0	18	18	21	1.2	39
12:00	0	19	19	22	1.2	32
13:00	0	28	28	31	1.1	24
14:00	0	26	26	36	1.4	20
15:00	0	22	22	25	1.1	18
16:00	0	28	28	34	1.2	15
17:00	0	34	34	46	1.4	16
18:00	0	45	45	52	1.2	15
19:00	0	46	46	56	1.2	8
20:00	0	57	57	75	1.3	5
21:00	0	36	36	47	1.3	10
22:00	1	34	35	43	1.3	16
23:00	0	50	50	67	1.3	19
00:00	0	42	42	51	1.2	9
01:00	3	17	20	18	1.1	15
02:00	4	5	9	5	1.0	6
03:00	3	1	4	2	2.0	0
04:00	1	1	2	1	1.0	3
05:00	0	0	0	0	0.0	0
06:00	0	0	0	0	0.0	0
Total	15	616	631	758	1.2	15

Guildford Hackney Carriage Unmet Demand Survey 201437

Guildford Railway Station			Saturday to Sunday
HOUR BEGINNING	TOTAL HACKNEY CARRIAGES DEPARTING RANK EMPTY	TOTAL HACKNEY CARRIAGES DEPARTING RANK WITH PASSENGERS	TOTAL HACKNEY CARRIAGES DEPARTING RANK	TOTAL PASSENGERS DEPARTING RANK	AVERAGE PASSENGERS PER HACKNEY CARRIAGE	AVERAGE WAIT TIME AT THE RANK PER HACKNEY CARRIAGE (MINUTES)
07:00	2	6	8	6	1.0	3
08:00	0	13	13	13	1.0	15
09:00	0	26	26	28	1.1	9
10:00	2	13	15	14	1.1	21
11:00	0	20	20	22	1.1	17
12:00	3	21	24	26	1.2	7
13:00	1	19	20	25	1.3	11
14:00	0	16	16	21	1.3	8
15:00	0	24	24	27	1.1	8
16:00	0	18	18	27	1.5	17
17:00	0	30	30	35	1.2	9
18:00	0	36	36	46	1.3	3
19:00	0	40	40	58	1.5	5
20:00	1	31	32	34	1.1	16
21:00	0	32	32	46	1.4	24
22:00	1	30	31	40	1.3	25
23:00	0	39	39	57	1.5	23
00:00	0	33	33	42	1.3	12
01:00	0	22	22	23	1.0	14
02:00	2	7	9	7	1.0	0
03:00	2	3	5	4	1.3	0
04:00	0	0	0	0	0.0	0
05:00	0	1	1	1	1.0	7
06:00	0	0	0	1	0.0	30
Total	14	480	494	603	1.3	13
Guildford Railway Station			Sunday to Monday
HOUR BEGINNING	TOTAL HACKNEY CARRIAGES DEPARTING RANK EMPTY	TOTAL HACKNEY CARRIAGES DEPARTING RANK WITH PASSENGERS	TOTAL HACKNEY CARRIAGES DEPARTING RANK	TOTAL PASSENGERS DEPARTING RANK	AVERAGE PASSENGERS PER HACKNEY CARRIAGE	AVERAGE WAIT TIME AT THE RANK PER HACKNEY CARRIAGE (MINUTES)
07:00	3	4	7	4	1.0	17
08:00	0	10	10	12	1.2	6
09:00	0	8	8	9	1.1	23
10:00	0	8	8	10	1.3	28
11:00	0	17	17	25	1.5	20
12:00	0	17	17	18	1.1	31
13:00	0	22	22	24	1.1	10
14:00	0	15	15	20	1.3	14
15:00	0	15	15	19	1.3	30
16:00	0	24	24	30	1.3	25
17:00	0	25	25	27	1.1	8
18:00	0	23	23	25	1.1	12
19:00	0	26	26	36	1.4	19
20:00	0	28	28	36	1.3	7
21:00	1	29	30	33	1.1	7
22:00	0	29	29	32	1.1	9
23:00	0	19	19	21	1.1	15
00:00	0	6	6	7	1.2	16
01:00	1	6	7	6	1.0	27
02:00	0	0	0	0	0.0	0
03:00	0	0	0	0	0.0	0
04:00	0	0	0	0	0.0	0
05:00	0	0	0	0	0.0	9
06:00	1	0	1	0	0.0	39
Total	6	331	337	394	1.2	15

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North Street			Thursday to Friday
HOUR BEGINNING	TOTAL HACKNEY CARRIAGES DEPARTING RANK EMPTY	TOTAL HACKNEY CARRIAGES DEPARTING RANK WITH PASSENGERS	TOTAL HACKNEY CARRIAGES DEPARTING RANK	TOTAL PASSENGERS DEPARTING RANK	AVERAGE PASSENGERS PER HACKNEY CARRIAGE	AVERAGE WAIT TIME AT THE RANK PER HACKNEY CARRIAGE (MINUTES)
07:00	2	0	2	0	0.0	10
08:00	2	1	3	1	1.0	3
09:00	1	5	6	5	1.0	13
10:00	0	10	10	14	1.4	34
11:00	1	11	12	15	1.4	37
12:00	1	6	7	6	1.0	42
13:00	0	14	14	17	1.2	56
14:00	1	9	10	11	1.2	45
15:00	4	11	15	17	1.5	56
16:00	1	7	8	7	1.0	22
17:00	0	15	15	21	1.4	13
18:00	1	8	9	10	1.3	12
19:00	0	10	10	15	1.5	17
20:00	0	18	18	25	1.4	11
21:00	3	19	22	27	1.4	14
22:00	0	18	18	30	1.7	35
23:00	1	9	10	16	1.8	34
00:00	0	18	18	37	2.1	30
01:00	6	6	12	9	1.5	28
02:00	1	4	5	4	1.0	16
03:00	1	0	1	0	0.0	51
04:00	0	0	0	0	0.0	0
05:00	0	1	1	1	1.0	0
06:00	0	0	0	0	0.0	0
Total	26	200	226	288	1.4	28
North Street			Friday to Saturday
HOUR BEGINNING	TOTAL HACKNEY CARRIAGES DEPARTING RANK EMPTY	TOTAL HACKNEY CARRIAGES DEPARTING RANK WITH PASSENGERS	TOTAL HACKNEY CARRIAGES DEPARTING RANK	TOTAL PASSENGERS DEPARTING RANK	AVERAGE PASSENGERS PER HACKNEY CARRIAGE	AVERAGE WAIT TIME AT THE RANK PER HACKNEY CARRIAGE (MINUTES)
07:00	0	0	0	0	0.0	0
08:00	0	2	2	2	1.0	4
09:00	2	11	13	11	1.0	8
10:00	4	15	19	18	1.2	19
11:00	3	9	12	10	1.1	19
12:00	1	17	18	18	1.1	17
13:00	0	19	19	23	1.2	20
14:00	2	18	20	29	1.6	15
15:00	1	15	16	26	1.7	12
16:00	1	23	24	32	1.4	10
17:00	0	18	18	29	1.6	14
18:00	0	17	17	27	1.6	24
19:00	1	15	16	22	1.5	11
20:00	0	23	23	30	1.3	16
21:00	0	23	23	37	1.6	9
22:00	1	26	27	39	1.5	16
23:00	0	50	50	67	1.3	13
00:00	0	57	57	92	1.6	7
01:00	0	61	61	99	1.6	14
02:00	0	54	54	98	1.8	16
03:00	2	43	45	87	2.0	12
04:00	5	0	5	0	0.0	25
05:00	0	0	0	0	0.0	0
06:00	0	0	0	0	0.0	0
Total	23	516	539	796	1.5	13

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North Street			Saturday to Sunday
HOUR BEGINNING	TOTAL HACKNEY CARRIAGES DEPARTING RANK EMPTY	TOTAL HACKNEY CARRIAGES DEPARTING RANK WITH PASSENGERS	TOTAL HACKNEY CARRIAGES DEPARTING RANK	TOTAL PASSENGERS DEPARTING RANK	AVERAGE PASSENGERS PER HACKNEY CARRIAGE	AVERAGE WAIT TIME AT THE RANK PER HACKNEY CARRIAGE (MINUTES)
07:00	1	0	1	0	0.0	8
08:00	0	0	0	0	0.0	8
09:00	3	1	4	1	1.0	14
10:00	2	4	6	4	1.0	32
11:00	3	8	11	10	1.3	19
12:00	1	14	15	16	1.1	18
13:00	1	14	15	22	1.6	20
14:00	3	16	19	26	1.6	13
15:00	2	19	21	30	1.6	12
16:00	2	20	22	39	2.0	21
17:00	2	19	21	26	1.4	13
18:00	1	18	19	26	1.4	11
19:00	1	16	17	26	1.6	17
20:00	1	17	18	25	1.5	23
21:00	1	27	28	40	1.5	24
22:00	3	40	43	64	1.6	12
23:00	1	55	56	82	1.5	11
00:00	0	69	69	113	1.6	6
01:00	0	77	77	126	1.6	9
02:00	0	98	98	183	1.9	5
03:00	1	80	81	151	1.9	3
04:00	5	1	6	1	1.0	18
05:00	0	0	0	0	0.0	0
06:00	0	0	0	0	0.0	0
Total	34	613	647	1011	1.6	11
North Street			Sunday to Monday
HOUR BEGINNING	TOTAL HACKNEY CARRIAGES DEPARTING RANK EMPTY	TOTAL HACKNEY CARRIAGES DEPARTING RANK WITH PASSENGERS	TOTAL HACKNEY CARRIAGES DEPARTING RANK	TOTAL PASSENGERS DEPARTING RANK	AVERAGE PASSENGERS PER HACKNEY CARRIAGE	AVERAGE WAIT TIME AT THE RANK PER HACKNEY CARRIAGE (MINUTES)
07:00	0	0	0	0	0.0	0
08:00	0	0	0	0	0.0	0
09:00	0	0	0	0	0.0	25
10:00	0	3	3	3	1.0	31
11:00	5	4	9	4	1.0	27
12:00	0	9	9	10	1.1	4
13:00	3	9	12	9	1.0	8
14:00	3	6	9	11	1.8	10
15:00	4	11	15	17	1.5	23
16:00	4	14	18	16	1.1	12
17:00	2	6	8	9	1.5	11
18:00	2	11	13	12	1.1	8
19:00	3	8	11	10	1.3	14
20:00	0	10	10	13	1.3	18
21:00	1	5	6	5	1.0	26
22:00	1	12	13	16	1.3	13
23:00	1	8	9	12	1.5	8
00:00	0	5	5	7	1.4	13
01:00	0	5	5	7	1.4	4
02:00	1	0	1	0	0.0	30
03:00	0	0	0	0	0.0	0
04:00	0	0	0	0	0.0	0
05:00	0	0	0	0	0.0	0
06:00	0	0	0	0	0.0	0
Total	30	126	156	161	1.3	14

40

Total through all ranks			Thursday to Friday
HOUR BEGINNING	TOTAL HACKNEY CARRIAGES DEPARTING RANK EMPTY	TOTAL HACKNEY CARRIAGES DEPARTING RANK WITH PASSENGERS	TOTAL HACKNEY CARRIAGES DEPARTING RANK	TOTAL PASSENGERS DEPARTING RANK	AVERAGE PASSENGERS PER HACKNEY CARRIAGE
07:00	4	8	12	8	1.0
08:00	2	35	37	35	1.0
09:00	3	53	56	62	1.2
10:00	0	40	40	55	1.4
11:00	8	33	41	48	1.5
12:00	5	25	30	35	1.4
13:00	1	36	37	45	1.3
14:00	1	35	36	43	1.2
15:00	5	35	40	46	1.3
16:00	3	38	41	52	1.4
17:00	0	52	52	60	1.2
18:00	1	61	62	74	1.2
19:00	0	51	51	61	1.2
20:00	1	62	63	76	1.2
21:00	3	51	54	64	1.3
22:00	0	54	54	80	1.5
23:00	1	45	46	61	1.4
00:00	0	52	52	86	1.7
01:00	6	18	24	21	1.2
02:00	1	12	13	12	1.0
03:00	1	0	1	0
04:00	0	0	0	0
05:00	0	6	6	6	1.0
06:00	0	3	3	16	5.3
Total	39	904	943	1229	1.4
Total through all ranks			Friday to Saturday
HOUR BEGINNING	TOTAL HACKNEY CARRIAGES DEPARTING RANK EMPTY	TOTAL HACKNEY CARRIAGES DEPARTING RANK WITH PASSENGERS	TOTAL HACKNEY CARRIAGES DEPARTING RANK	TOTAL PASSENGERS DEPARTING RANK	AVERAGE PASSENGERS PER HACKNEY CARRIAGE
07:00	2	20	22	22	1.1
08:00	0	28	28	32	1.1
09:00	3	43	46	49	1.1
10:00	4	44	48	54	1.2
11:00	3	27	30	31	1.1
12:00	1	36	37	40	1.1
13:00	0	47	47	54	1.1
14:00	2	44	46	65	1.5
15:00	1	37	38	51	1.4
16:00	1	51	52	66	1.3
17:00	0	52	52	75	1.4
18:00	0	62	62	79	1.3
19:00	1	61	62	78	1.3
20:00	0	80	80	105	1.3
21:00	0	59	59	84	1.4
22:00	2	60	62	82	1.4
23:00	0	100	100	134	1.3
00:00	0	99	99	143	1.4
01:00	3	78	81	117	1.5
02:00	4	59	63	103	1.7
03:00	5	44	49	89	2.0
04:00	6	1	7	1	1.0
05:00	0	0	0	0
06:00	0	0	0	0
Total	38	1132	1170	1554	1.4

41

Total through all ranks			Saturday to Sunday
HOUR BEGINNING	TOTAL HACKNEY CARRIAGES DEPARTING RANK EMPTY	TOTAL HACKNEY CARRIAGES DEPARTING RANK WITH PASSENGERS	TOTAL HACKNEY CARRIAGES DEPARTING RANK	TOTAL PASSENGERS DEPARTING RANK	AVERAGE PASSENGERS PER HACKNEY CARRIAGE
07:00	3	6	9	6	1.0
08:00	0	13	13	13	1.0
09:00	3	27	30	29	1.1
10:00	4	17	21	18	1.1
11:00	3	28	31	32	1.1
12:00	4	35	39	42	1.2
13:00	2	33	35	47	1.4
14:00	3	32	35	47	1.5
15:00	2	43	45	57	1.3
16:00	2	38	40	66	1.7
17:00	2	49	51	61	1.2
18:00	1	54	55	72	1.3
19:00	1	56	57	84	1.5
20:00	2	48	50	59	1.2
21:00	1	59	60	86	1.5
22:00	4	70	74	104	1.5
23:00	1	94	95	139	1.5
00:00	0	102	102	155	1.5
01:00	0	99	99	149	1.5
02:00	2	105	107	190	1.8
03:00	3	83	86	155	1.9
04:00	5	1	6	1	1.0
05:00	0	1	1	1	1.0
06:00	0	0	0	1
Total	48	1093	1141	1614	1.5
Total through all ranks			Sunday to Monday
HOUR BEGINNING	TOTAL HACKNEY CARRIAGES DEPARTING RANK EMPTY	TOTAL HACKNEY CARRIAGES DEPARTING RANK WITH PASSENGERS	TOTAL HACKNEY CARRIAGES DEPARTING RANK	TOTAL PASSENGERS DEPARTING RANK	AVERAGE PASSENGERS PER HACKNEY CARRIAGE
07:00	3	4	7	4	1.0
08:00	0	10	10	12	1.2
09:00	0	8	8	9	1.1
10:00	0	11	11	13	1.2
11:00	5	21	26	29	1.4
12:00	0	26	26	28	1.1
13:00	3	31	34	33	1.1
14:00	3	21	24	31	1.5
15:00	4	26	30	36	1.4
16:00	4	38	42	46	1.2
17:00	2	31	33	36	1.2
18:00	2	34	36	37	1.1
19:00	3	34	37	46	1.4
20:00	0	38	38	49	1.3
21:00	2	34	36	38	1.1
22:00	1	41	42	48	1.2
23:00	1	27	28	33	1.2
00:00	0	11	11	14	1.3
01:00	1	11	12	13	1.2
02:00	1	0	1	0
03:00	0	0	0	0
04:00	0	0	0	0
05:00	0	0	0	0
06:00	1	0	1	0
Total	36	457	493	555	1.2

42

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[[Image:]][[Image:]][[Image:]][[Image:]]

Licensing Committee Report

Report of Head of Health and Community Care Services

Author: Justine Fuller

Tel: 01483 444370

Email: Justine.fuller@guildford.gov.uk

Lead Councillor responsible: Paul Spooner

Tel: 01252 341666

Email: paul.spooner@guildford.gov.uk

Date: 18 March 2015

Licensing of Sex Establishments – Statement of

Licensing Policy: consultation results

Executive Summary

On 16 July 2014, the Licensing Committee made a recommendation to Council to adopt the provisions of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 as amended by section 27 of the Policing and Crime Act 2009.

The provisions allow the Council to improve the regulation of sexual entertainment venues, as there are increased powers to control numbers and location of venues in the area. The Council had existing powers to licence sex cinemas and sex shops.

On the 19 November 2014, the Licensing Committee approved a 12 week consultation exercise on a draft Sex Establishments Licensing Policy incorporating sexual entertainment venues, sex cinemas and sex shops.

Public consultation has been completed and the 47 survey responses have been analysed.

This report presents the results of the public consultation to the Licensing Committee and the final version of the policy, for endorsement and recommendation for adoption to Council.

Recommendation to Licensing Committee

That the Licensing Committee recommends to Council that the Licensing of Sex Establishments – Statement of Licensing Policy shown in Appendix A of this report be adopted by Council.

Reason for Recommendation:

Adopting a Licensing of Sex Establishments – Statement of Licensing Policy assists applicants and leads to transparent decision-making.

1.0 Purpose of Report

1.1 To update the Licensing Committee on the outcome of the 12 week consultation on the draft Licensing of Sex Establishments – Statement of Licensing Policy, to consider the responses received during the consultation period and to recommend that Council adopt the policy.

2.0 Strategic Framework

2.1 The Licensing of Sex Establishments Policy will contribute to our fundamental themes and priorities as follows:

Economy - supporting business, growth and employment

Sustainability – safe borough

2.2 It is best practice to publish a policy setting out our general approach to the licensing of sex establishments. The policy will assist a business making an application as it provides a background and rationale around granting a licence. The Sub-committee will use the policy in arriving at a decision whether to grant a licence.

3.0 Background

3.1 On 16 July 2014, the Licensing Committee made a recommendation to Council to adopt the provisions of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 as amended by section 27 of the Policing and Crime Act 2009.

3.2 The provisions allow the Council to improve the regulation of sexual entertainment venues, as there are increased powers to control numbers and location of venues in the area.

3.3 On 7 October 2014, Council resolved to adopt the additional legislation from 17 November 2014.

3.4 On the 19 November 2014, the Licensing Committee approved a 12 week consultation on the draft Sex Establishments Licensing Policy incorporating sexual entertainment venues, sex cinemas and sex shops. Within the proposed policy, appropriate numbers and location of premises are considered.

4.0 Consultation Process

4.1 The consultation took place between 3 December 2014 and 24 February 2015.

4.2 The following activities were conducted during the consultation period:

• Advertisement in local newspaper  Questionnaire available on the Council’s website with the facility to complete the consultation on-line
• Press release and social media to publicise the consultation
• Letters sent to key stakeholders in the Borough and in the industry including all County, Borough and Parish Councillors, Members of Parliament, resident associations and Surrey Police inviting comments
• Attendance at Access group to publicise the consultation

1. 1. A total of 47 survey responses were completed online and one survey was completed by hard copy. One of the respondents to the online survey submitted two responses therefore the first response has been discounted. A total of 47 survey responses have been analysed.

1. 1. Two of the respondents to the on-line survey submitted additional letters for consideration in Appendix C & D.

1. 1. One response, Appendix E, submitted no ratings just commented on the questions therefore we have given consideration to the comments.

1. 1. Consultation results

1. 1. Appendix B provides analysis of the consultation responses and all the additional comments are provided in full. The draft policy has been revised following analysis of the consultation responses in Appendix B along with the letters in appendices C, D and E. The changes are included in the following paragraphs.

1. 1. Below is a summary of the main findings and details on changes to the policy with justification and responses to comments provided. Throughout the responses, there were opinions and comments expressing a moral standpoint, that is not something the Council can take into account. These comments are noted but no amendments to the draft policy have been made as a result.

Question 1 - To what extent do you agree that the draft Licensing of Sex Establishments Policy is clearly written and easy to understand?

1. 1. 68.9% of respondents ‘strongly agree’ or ‘tend to agree’ that the draft policy is clearly written and easy to understand. There were comments that the document was extremely technical. These comments are noted.

Question 2 - To what extent do you agree that the draft Licensing of Sex Establishments Policy is fair to both residents and licensed premises?

1. 1. There was a mixed response to Question 2 with ‘tend to agree’ being the largest group of respondents at 47.7%. A number of respondents challenged the adoption of the legislation. These comments are noted but are not relevant to consultation, as the legislation has previously been adopted by the Council. The

Council has already adopted the legislation by virtue of its decision on the 7 October 2014. The decision did not therefore form part of the consultation exercise.

Question 3 - Local authorities have both mandatory and discretionary grounds for refusal of applications. Are the distinctions between mandatory and discretionary made clear in our draft policy?

Question 4 - Are the mandatory grounds for refusal clear (paragraphs 5.2 to 5.3)?

Question 5 - Are the discretionary grounds for refusal clear (paragraph 5.4)?

1. 1. We have not made any changes in the refusal section as 62% of respondents stated the distinction between mandatory and discretionary were made clear in the draft policy.

1. 1. 60% of respondents replied that the mandatory grounds for refusal were clear. The grounds are mandatory therefore cannot be altered as they are specified in legislation.

1. 1. 57.1% of respondents replied that the discretionary grounds for refusal were clear. A number of respondents express concern the reasons are subjective however all applications, unless refused on mandatory grounds, will be decided by a sub-committee which will give reasons for its decision that can be appealed to the Magistrates’ Court.

Question 6 – Do you think paragraphs 5.5 and 6.1 to 6.6 are appropriate in deciding if an applicant is a fit and proper person?

1. 1. Respondents had divided views on whether the paragraphs relating to a fit and proper person are appropriate with 47.1% yes and 41.2% no.

1. 1. The concerns raised on the decision making process are noted. The fit and proper test is part of the determination process of an application and will be conducted as described in paragraph 5.7 of the report above.

1. 1. One comment requested that an enhanced criminal records check be completed. The decision for a criminal records check will be decided on a case by case basis however the enhanced check has been added as an option in 6.2 of the policy. The use of a telephone to interview an applicant was raised as a concern but a telephone call may be appropriate in certain circumstances, for example if the applicant did not currently live in the area and therefore remains in the policy.

Question 7 – Do you think it is acceptable to have sexual entertainment venues near the following (listed and in 5.11 of the draft policy)?

1. 1. The majority of the respondents stated that it was not suitable for all the venues listed in 5.11 of the draft policy to have sexual entertainment venues near them.

The list of venues proposed in the draft policy have been all been incorporated unchanged in the policy under consideration.

1. 1. Public houses, restaurants, fast food outlets, train and bus stations, sports facilities, hotels and motels, graveyards, chapels of rest, crematoria, family leisure centres, historic buildings, parkland, areas of natural beauty were proposed as not being suitable to have sexual entertainment venues near them. Following consideration, some are already covered in definitions such as graveyards and crematoria would be within places of worship and places used for celebration or commemoration.

1. 1. Hotels was proposed and is now included as it was considered a venue where people are resting and spending leisure time which is similar to other venues included.

1. 1. Venues where rape and sexual assault counselling takes place have been added to the women’s refuge description as these premises are similar in nature but it is considered appropriate to identify them separately as they are non-residential places.

Question 8 – Do you think it is acceptable to have sexual entertainment venues in the following localities?

1. 1. The majority of respondents identified rural, residential and deprived areas as not being acceptable to have sexual entertainment venues near them. Deprived areas have been deleted at 5.12 of the draft policy following analysis of the comments. The inclusion of deprived areas does not add to the draft policy as any deprived area would be included within residential areas which is included as a location.

1. 1. A number of consultation comments and letters attached in appendices C and D put forward a case for a nil policy. A detailed case is submitted in Appendix D and references case law and Local Authorities that have adopted a nil policy.

1. 1. Whilst a nil policy is an option and the representations have been considered it is proposed that the position on determining applications being on a case by case basis remains.

Question 9 - We are not proposing to set a limit on the numbers or locality of sex shops and sex cinemas, but will deal with each application on a case-by-case basis. To what extent do you agree with this proposal?

1. 1. There are no proposed amendments in this area of the policy area as 60% of respondents strongly agree or tend to agree that applications for sex shops and sex cinemas should be considered on a case-by-case basis rather than set a limit.

1. 1. A number of respondents queried whether Ann Summers is a sex shop. Ann Summers is not covered by the legislation, as the majority of the products sold do not fall within the category of the products sold in sex shops.

Question 10 - Do you think the application section of the draft Licensing of Sex Establishments Policy provides adequate information and guidance on the application process?

1. 1. 61.8% of respondents think the draft policy provides adequate information and guidance on the application process and there is no proposal to change Section 6 of the draft policy.

Question 11- Do you think the enforcement section of the draft Licensing of Sex Establishments Policy provides adequate information?

1. 1. One comment notes that the section is ‘too vague, not specific enough’ however 65.7% of respondents think the enforcement section provides adequate information and there is no proposal to change Section 7 of the draft policy. Any enforcement action would also reference the department’s enforcement policy.

Question 12 - A list of standard conditions for sexual entertainment venues, sex cinemas and sex shops have been included in Appendix 1 of the draft policy. Do you think it is useful to have this information provided?

1. 1. 88.2% of respondents think it is useful to have a list of standard conditions for sexual entertainment venues, sex cinemas and sex shops in Appendix 1 of the draft policy. There were no suggestions of further conditions to be included.

Question 13 - Do you think any of the conditions should be amended or deleted?

1. 1. 39.4% stated that no conditions should be amended or deleted. Other respondents put forward amendments or deletions to conditions. Consideration has been given to respondent suggested conditions and a number of changes are proposed. These are:

1. 1. The last two sentences of the condition on methods of transporting clients, in bold below, has been deleted following comments about imposing transport requirements.

Vessels, stalls and vehicles

Vehicles must not be used for personal solicitation, touting or advertising. Only licensed hackney carriage and private hire vehicles shall be used to transport customers to and from the premises. Limousines, Hummers, mini buses, rickshaws, bicycles and novelty vehicles shall not be used to transport customers to and from the premises.

1. 1. The conditions titled ‘variation of conditions’, detailed below have been deleted as they are considered statements rather than conditions.

Variation of conditions

The council may, at the time of grant or renewal of the licence, waive, modify or vary these conditions or impose additional conditions as appropriate.

The licensee may apply to the council to vary any of the terms of the licence.

1. 1. The proposed conditions will generally be attached to licences and the Licensing Sub-Committee has the discretion to add or amend conditions as appropriate when granting a licence. Consideration was given to all representations about the suitability of other conditions and it has been determined that no further changes are proposed at this stage.

Question 14 - Do you think any additional conditions should be added?

1. 1. There were two comments that wording should be reviewed as there was conflict with existing legislation. These comments are noted and the Licensing SubCommittee will review the appropriateness of any conditions when granting a licence.

1. 1. One respondent proposed that no flyers or adverts should be permitted. These comments are noted however, the use of flyers is a lawful activity and action can be taken if the content and method of distribution are not appropriate.

Question 15 - Do you think it is useful to have a section on definitions in the draft policy?

1. 1. 88.2% of respondents thought it is useful to have a section on definitions.

Comments were submitted on the accuracy of some definitions such as display of nudity. No change will be made as these definitions are taken from legislation.

1. 1. A wider alternative definition was proposed for Licensee. The suggestion is noted but for the purposes of the policy it is considered appropriate to limit the definition to a holder of sex establishment licence.

Question 16 - Do you have any further comments on our draft policy?

1. 1. There were 15 additional comments which are noted as they relate to a moral view or were considered in previous sections.

Section 1 - The purpose of the licensing policy and Appendix 1

1. 1. Section 1.7, 1.8 and Appendix 1 of the draft policy are new additions providing information on the method of consultation and the results. Details of the consultation are included so policy users do not have to refer to another document to understand the policy rationale and background.

1. 1. Financial Implications

1. 1. Under the adopted licensing regime, the Council has the power to recover its costs and set fees and charges at such a level that the licensing process is cost neutral to the Council. The fee set and approved by Council for 2015-16 is £6,287.00. This is the maximum cost and the licence fee will be the actual cost if this is less.

1. 1. The Council referred to the Local Government Guidance on locally set fees when fee setting but it does not have to consult on fees.

1. 1. Legal Implications

1. 1. The Home Office Guidance confirms that Local Authorities are not required to publish a licensing policy relating to sex establishments, and if they do so it must not prevent any individual application from being considered on its merits at the time the application is made. However, adopting a policy is helpful in that it provides a clear transparent framework which the Council will follow when considering applications.

1. 1. The provisions of the legislation and the Home Office guidance were taken into account when drafting the proposed Sex Establishments Licensing Policy following consultation.

1. 1. The consultation followed The Council’s Consultation Standard and evidence from the consultation results support amendments to the draft policy. The Licensing Committee are presented with a revised policy for scrutiny following consultation and further amendments as necessary, before a recommendation is made to Council to adopt the Sex Establishments Licensing Policy.

1. 1. Human Resource Implications

1. 1. There will not be any additional human resource implications because of the adoption of the Sex Establishments Licensing Policy.

1. 1. Conclusion

1. 1. There has been a public consultation for 12 week on the draft Licensing of Sex Establishments – Statement of Licensing Policy.

1. 1. The report provides a response to admissible comments received in the consultation and a number of amendments have been made to the draft policy

that is attached in Appendix A. Comments relating to a moral position and other inadmissible comments have not resulted in change but have been noted.

1. 1. Full analysis of the survey results and comments from the consultation are in Appendix B for information.

1. 1. The report and final draft policy seek approval from the Licensing Committee and referral to Council for approval.

Background Papers

Minutes of Licensing Committee 19 November 2014

http://www.guildford.gov.uk/media/18492/Minutes-of-Licensing-Committee---19November-2014/pdf/141119_Licensing_Committee_Minutes.pdf[21]

Local Government (Miscellaneous Provisions) Act 1982 http://www.legislation.gov.uk/ukpga/1982/30[22]

Policing and Crime Act 2009

http://www.legislation.gov.uk/ukpga/2009/26/contents[23]

Sexual Entertainment Venues, Guidance for England and Wales, Home Office http://www.lacors.gov.uk/lacors/upload/24193.pdf[24]

Open for business, LGA guidance on local set fees, Local Government

Association

http://www.local.gov.uk/documents/10180/5854661/L14-

42+fees+guidance+report_05.pdf/5a4e8874-31e2-4158-b0cc-b5f30556c243[25]

Appendices

Appendix A – Draft Licensing of Sex Establishments – Statement of Licensing Policy (following consultation)

Appendix B – Consultation survey results and comments.

Appendix C – Letter proposing ‘nil’ policy dated 24 February 2015

Appendix D – Letter proposing ‘nil’ policy dated 16 February 2015

Appendix E – letter with comments received 16 January 2015

Licensing of Sex Establishments

Further copies of this document can be obtained from:

Guildford Borough Council

Millmead House

Millmead

Guildford

Surrey

GU2 4BB

2

Contents

[#__RefHeading__37282_1163886075 Section 2 The scope of the licensing policy 227]

[#__RefHeading__37284_1163886075 Section 3 The Guildford Borough Council area 228][#_Toc885478 ][[Image:]]

3

Executive Summary

The Policing and Crime Act 2009 amends the Local Government (Miscellaneous Provisions) Act

1982 Sch 3 to introduce a new classification of sex establishment, namely sexual entertainment venues. This brings into force for lap dancing, pole dancing and other “relevant entertainment” a new licensing regime.

The legislation enables local authorities to adopt a policy and standard conditions relating to sexual entertainment venues, sex shops and sex cinemas.

Guildford Borough Council adopted the provisions of Schedule 3 to the Local Government 2014 with effect from 17 November 2014. [[Image:]]

This policy:

• • • • •
• • •

•

4

Section 1 The purpose of the licensing policy

1.1 This policy is prepared under Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 as amended by the Policing and Crime Act 2009. It was approved by Guildford Borough Council as the licensing authority for the Guildford Borough Council area on ???? with effect from ?????. It will be reviewed every three years.

1.2 This policy is concerned with the regulation of sex establishments, namely sexual entertainment venues, sex shops and sex cinemas.

1.3 The council’s licensing regime aims to ensure that sex establishments in the Borough operate in a safe, fair and discreet manner and are sensitive to the local area in which they are situated. Specific attention has been given to advertising, staff welfare, external appearance, locality and the number of licensed premises.

1.4 This policy also has regard to the guidance issued by the Home Office.

1.5 The council adopts the overall approach of encouraging the responsible promotion of licensed activities. However, in the interests of all its residents, it will not tolerate irresponsible licensed activity. The council will impose conditions where necessary to promote responsibility and will use effective enforcement to address premises where there are problems, in partnership with key agencies such as:

• Surrey Police/ British Transport Police
• Surrey Fire and Rescue Service
• Health and Safety Executive
• Safer Guildford Partnerships
• Surrey Trading Standards
• UK Border Agency

1. 1. The council will monitor the effectiveness of this policy by way of regular meetings with key agencies and by regular open dialogue with the industry.

Public consultation

1. 1. The consultation took place between 3 December 2014 and 24 February 2015 and a total of 47 survey responses were completed. The following activities were conducted during the consultation period:

• Advertisement in local newspaper
• Questionnaire available on the Council’s website with the facility to complete the consultation on-line
• Press release and social media to publicise the consultation
• Letter including the website link sent to key stakeholders in the Borough and in the industry including all County, Borough and Parish Councillors, Members of Parliament, resident associations and Surrey Police
• Attendance at Access group to publicise the consultation

5

1.8 Appendix 1 provides a summary of results and a full analysis of the Public Consultation is available on request.

6

Section 2 The scope of the licensing policy

2.1 This policy covers licensable premises and activities as defined by the Local Government

(Miscellaneous Provisions) Act 1982 as amended by the Policing and Crime Act 2009 (the Act) within the Guildford Borough Council area. Schedule 3 of the Act is concerned with the control of sex establishments. A sex establishment means a sexual entertainment venue, sex cinema or sex shop.

2.2 A sexual entertainment venue (SEV) is a premises at which relevant entertainment is provided before a live audience for the financial gain of the organiser or the entertainer. Relevant entertainment means any live performance or any live display of nudity which is provided solely or principally for the purpose of sexually stimulating any member of the audience. The full legal definition of a sexual entertainment venue can be found at paragraph 2A of Schedule 3 to the Act.

2.3 A sex cinema is a premises used to a significant degree for the exhibition of moving pictures which primarily portray sexual activity or acts of force or restraint which are associated with sexual activity. A full legal definition of a sex cinema can be found in paragraph 3 of Schedule 3 to the Act.

2.4 A sex shop is a premises used to a significant degree for the selling, etc. of sex articles or other items intended for use for the purpose of stimulating sexual activity or acts of force or restraint. A full legal definition of a sex shop can be found at paragraph 4 of Schedule 3 to the Act.

2.5 Advice on whether a licence is required can be obtained from the Licensing team, Guildford Borough. Contact details are set out in Appendix 3.

2.6 Throughout this policy the wording will refer to ‘applicants’ for licences. However it should be noted that the principles set out within this policy apply equally to new applications, renewals and transfers.

2.7 This policy seeks to provide guidance to applicants about the approach they should take to making applications and the view the council is likely to take on certain key issues.

2.8 The Council will take this policy into account when determining applications, however each application will be considered on its merits at the time the application is made.

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Section 3 The Guildford Borough Council area

Insert map of the Borough

3.1 The borough is the second highest populated district in Surrey with 139,700 residents in 2012. The major urban areas are located in the town centre of Guildford and on the western fringes of the borough adjacent to Aldershot town.

3.2 Guildford Borough is also the second largest borough in the county, covering approximately 269 square kilometres (104 square miles) of which 89% is land designated as Green Belt.

Outside the urban areas and villages, rural areas contain the Surrey Hills Area of Outstanding Natural Beauty covering 99 square kilometres, several sites of importance for nature protection and areas of special scientific interest. The borough also has a rich and varied architectural heritage, including 36 scheduled ancient monuments.

3.3 Guildford is mostly an affluent area with relatively low unemployment and low levels of crime. Most residents are healthy and enjoy well above average life expectancy. The workforce is generally well-educated and highly skilled.

3.4 The town centre is a focus for major commercial and administrative functions and is a principal regional shopping destination, with a vibrant night time economy.

3.5 In 2014 the town was awarded Purple Flag, recognising excellence in the management of the town centre at night. This prestigious award demonstrates the Council and the other Purple Flag Partners’ ambitions to develop and improve the night time economy, encouraging a broad outlook on how the town is presented at night and tackling all aspects from cleanliness to access and transport, street lighting to signage, entertainment variety and choice of styles in bars, clubs and restaurants.

3.6 The borough attracted over three million day visitors in 2011, generating about £285 million in tourism income for local businesses, supporting around 5,000 jobs.

3.7 Guildford’s successful economy measured against a range of indicators has made it a place where businesses want to locate and grow.

3.8 The Vision in The Corporate Plan 2013-2016 states the desire is for Guildford to be a town and borough:

• with strong infrastructure
• world-class businesses with capacity to expand and deliver growth
• an evolving and vibrant economy
• which creates a progressive and sustainable environment
• for people today and future generations living in an ever improving society.

3.9 This licensing policy seeks to promote licensing within the overall context of the five fundamental themes of the Corporate Plan 2013-2016

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Section 4 Integrating other guidance, policies, objectives and strategies

4.1 In preparing this licensing policy the council has had regard to, and sought to integrate the licensing policy with, the following strategies:

• Corporate Plan 2013-2016
• Visitor Strategy
• Economic Strategy
• Local Plan

• [[Image:]]

•

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Section 6 Cultural activities in Guildford Borough

Section 5 General principles

5.1 In determining a licensing application the overriding principle will be that each application will be determined on its own merit, taking into account local knowledge, this licensing policy and the guidance issued by the Home Office. Where it is necessary to depart from the guidance or this Policy the council will give clear and cogent reasons for doing so.

Mandatory grounds for refusal

5.2 Applications for sex establishment licences must be refused on the following mandatory grounds:

• if the applicant is under 18,
• if the applicant has a disqualification following the revocation of a previous licence,
• if the applicant is non-resident in an European Economic Area (EEA) state,
• company not incorporated in an EEA state,
• if the applicant has been refused a licence for the same premises within the previous 12 months.

1. 1. These matters are considered by licensing officers with the appropriate delegations on determination of the licence.

Discretionary grounds for refusal

1. 1. There are also a number of discretionary grounds. These are:

• if the applicant is considered unsuitable,
• if the business would be managed by or for the benefit of a third party who would be refused a licence in their own right,
• that the number of sex establishments or of sex establishments of a particular kind in the locality equals or exceeds the number considered appropriate,
• if the grant is inappropriate having regard to:

o the character of the relevant locality o the use of any premises in the vicinity o the layout, character, or condition of the premises.

Suitability of applicant

5.5 In considering whether the applicant is suitable to hold a licence, the council will take into account such matters as it considers to be relevant, including but not limited to whether the applicant:

• is honest
• has a clear understanding of the conditions that may be attached to the licence
• has a suitable business plan which will deliver compliance with the standard conditions.

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• has no unspent convictions of a nature that deem him/her unsuitable.
• Suitability of manager or person for whose benefit the business would be carried on

1. 1. The council will require the applicant to identify the proposed manager or person for whose benefit the business would be carried on. In considering the suitability of these persons the council will apply the principles at 5.5.

Appropriate numbers and localities

1. 1. The council may set the upper and lower limit that it considers an appropriate number of SEVs for a particular locality and it can be set as nil. The Council may also refuse an application if we are satisfied that the number of sexual entertainment venues in the relevant locality at the time the application is made is equal to or exceeds the number, which we consider is appropriate for that locality.

1. 1. In deciding the policy to adopt in relation to this discretionary ground, the council has taken into account the matters set out in sections 2 to 6 of this policy. It has been influenced by the following considerations.

1. 1. The Council has taken account of its own corporate strategies and priorities as represented by its Corporate Plan 2013-2016, Visitor Strategy and Economic Strategy. The council believes that, in taking these strategies into consideration, SEVs are not in accordance with a culturally rich and diverse Borough. In particular SEVs tend not to be inclusive facilities, appeal only to a narrow sector of the community and are unlikely to enhance the cultural reputation of the Borough.

1. 1. It recognizes that a nil per locality policy may reduce the employment opportunities for dancers. However it also recognises that those working in SEVs are often peripatetic and self-employed and will retain the opportunity to find employment as performers in other venues in Surrey or in other roles in the entertainment industry. The council believes that, on clear balance, in gender equality terms, its policy is both supportable and correct. The Council have decided not to set an upper or lower limit but to consider each application on its merits.

1. 1. The council believes that the types of premises listed below are sensitive and that SEVs are generally not appropriate near them.

• Schools and other areas of education
• Play areas/parks
• Youth facilities
• Residential areas
• Women’s refuge facilities/ rape and sexual assault counselling venues
• Family leisure facilities such as cinemas, theatres and concert halls
• Places of worship
• Places used for celebration or commemoration
• Cultural leisure facilities such as libraries, museums

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• Retail shopping areas
• Historic buildings
• Hotels

1. 1. The Council has determined that rural and residential are particularly unacceptable as localities for SEVs to be located in.

1. 1. The council has not determined a limit on numbers or locality in relation to sex shops or sex cinemas. These applications will be dealt with on a case by case basis but applicants can be guided by the criteria mentioned at 5.4 to 5.6.

Human Rights

1. 1. The European Convention on Human Rights makes it unlawful for a public authority to act in a way that is incompatible with a Convention right. The council will have particular regard to the following relevant provisions of the European Convention on Human Rights:

• Article 6 that in determination of civil rights and obligations everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law.
• Article 8 that everyone has the right to respect for his home and private life.
• Article 10 that everyone has the right to freedom of expression.
• Article 1 of the first protocol that every person is entitled to the peaceful enjoyment of his or her possessions, including for example a licence.

The Provision of Services Regulations

5.15 The Provision of Services Regulations 2009 implements the European Services Directive. These regulations ensure that any refusal of a licence is:

• non-discriminatory in regard to nationality,
• necessary for reasons of public policy, public security, public health or the protection of the environment and • proportionate with regard to the objective pursued by the legislation.

1. 1. The council will consider these three issues in relation to the refusal of licence applications.

Crime and Disorder Act 1998

1. 1. The Crime and Disorder Act 1998 places a duty on the council to exercise its functions with due regard to:

• Crime and disorder in its area (including anti-social and other behavior) adversely affecting the local environment;
• The misuse of drugs, alcohol and other substances. • Re-offending in its area.

1. 1. The council will have particular regard to the likely effect of the determination of licence applications on these issues and the need to do all that it reasonably can to prevent them.

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Equality Act 2010

1. 1. The Equality Act 2010 places a duty on the council to exercise its functions with due regard to the need to:

• Eliminate discrimination, harassment, victimisation and any other conduct that is prohibited under the Equality Act 2010;
• Advance equality or opportunity between persons who share relevant protected characteristics and person who do not;
• Foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

1. 1. The relevant protected characteristics are age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

1. 1. The council is aware that sex establishments tend to be predominantly marketed to men and that the licensing of these establishments must not encourage discrimination against women especially in regard to women who work at the premises, women who may wish to visit the premises or women who are using the area for other purposes but who may feel intimidated by the presence of such premises.

1. 1. Accordingly, due regard has already been and will continue to be given during the review of this policy, to the determination of licences and the attaching of conditions.

Planning

1. 1. The use of premises is subject to planning control. Such use will require planning permission or must otherwise be lawful under planning legislation. Planning permission is generally required for the establishment of new premises or the change of use of premises.

1. 1. In general, all premises which are the subject to an application should have the benefit of appropriate planning permission, or be deemed permitted development. The onus will be on the applicant to demonstrate that planning permission has been granted or that the premises have the benefit of permitted development rights. Failure to do so may result in objections and the licence being refused or granted subject to conditions which take account of the planning permissions in existence.

1. 1. In addition, all new developments and premises which have been subject to structural alterations since 1994 will have building control approval in the form of a Building Regulations Completion Certificate. The onus will be on the applicant to demonstrate that any structural alterations have been approved by building control. Failure to do so may result in objections and the licence being refused or granted subject to conditions.

1. 1. Any decision on a licence application will not consider whether any decision to grant or refuse planning permission or building consent was lawful or correct.

Staff Training

1. 1. The council recommends that all persons employed on licensed premises be encouraged to

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attend training programmes to raise awareness of their responsibilities and particularly of the offences contained within the Act and the conditions of the licence. Where recognised training programmes are not available employers should ensure that their employees are advised of their responsibilities and the offences under the Act.

1. 1. All persons employed on licensed premises should be provided with in-house training on basic public safety and the housekeeping arrangements relative to those premises. Depending on their job role, this may include training in first aid, age verification policies, basic health and safety, fire safety and so on.

1. 1. Licensed premises will be required to record training undertaken by staff in their staff records. These records will be made available for inspection on request to an authorised officer or the police.

Advertising

1. 1. As part of the standard conditions attached to licences there is a requirement that all advertising and the external appearance of the premises must be approved by the council.

This approval will be considered at a sub-committee hearing or officer with appropriate delegated authority. Applicants will be entitled to attend the hearing. Please contact Licensing for further information on how to submit changes to advertising material and external appearance. Planning permission may also be required which is a separate process.

Exemptions

1. 1. Under the Act there is an exemption from the licensing requirements for sexual entertainment venues which provide relevant entertainment on an infrequent basis. These are defined as premises where –

• relevant entertainment has been provided on no more than 11 occasions within a 12 month period;
• no such occasion has begun within a period of one month beginning with the end of any previous occasions and
• no such occasion has lasted longer than 24 hours

5.32 This exemption does not apply to sex shops or sex cinemas.

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Section 6 Application Procedure

The application process

6.1 Applications must be made to the council in the form prescribed. Guidance is available to applicants setting out the detail of the process.

6.2 An operator’s suitability will be checked before a licence for a sex establishment is granted. Depending on the individual circumstances this may be achieved by the following means:

• Application form
• Disclosure and Barring Service check (basic or enhanced)
• Personal interview either in person, at a hearing, by phone or in writing

1. 1. In the first instance, the application will be sent to Surrey Police who may conduct a check. The operator’s suitability will be checked using the application form and the personal information forms. Applicants may be asked to provide basic or enhanced DBS checks, or attend an interview, to support their application.

1. 1. The suitability of the applicant is important to ensure that the interests of the public are protected. The council will use the methods described above to ensure that the proposed operator:

• is honest
• has a clear understanding of the conditions that may be attached to the licence
• has a suitable business plan which will deliver compliance with the standard conditions. • has no unspent convictions of a nature that deem him/her unsuitable.

6.5 Applicants for sexual entertainment venue licences will also need to show they have:

• a clear employees’ welfare policy
• a clear code of conduct for employees
• a clear code of conduct for customers
• a clear policy on pricing, and
• protect the interests of their customers

1. 1. The council will take all of these criteria into account when determining the licence. Non- compliance with one or more of the criteria will not necessarily exclude the operator from holding a sex establishment licence, providing the applicant is able to prove to the council that the interests of the public are protected.

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Third Party Beneficiaries

1. 1. In order to protect the public interest it is important to establish the hierarchy of the operator’s business. Information will be sought and enquiries made into the operator’s company structure to ensure that the operator is not working on behalf of an individual or company that would not be granted a licence in their own right.

1. 1. Enquiries may be made via the application form, checks with Companies House, Surrey Police, British Transport Police, personal interview or applicants may be asked to provide business records.

Fees

1. 1. The council has set a reasonable fee. The fee is based on the recovery of costs incurred by the council in determining the application.

Notices

1. 1. The applicant must advertise the application in three ways:

• Advertisement in a local newspaper within 7 days of making the application
• Advertisement at the premises by way of a site notice for 21 consecutive days • Notice of the application must be sent to the Chief Officer of Police for Surrey within 7 days of making the application (unless the application is made electronically).

1. 1. Proof that the applicant has advertised the application will be required.

Objections

1. 1. Anyone can object to an application for a sex establishment licence. Objections must be received by the council no later than 28 days after the date of the application. These objections can be received from individuals or businesses and should be relevant to the grounds on which a licence can be refused set out in Section 7. The Council cannot take into account objections based on moral values.

1. 1. Guidance on making an objection can be found on the council’s website.

1. 1. The council will notify the applicant in writing of the general terms of any objection it receives. However objectors will remain anonymous, unless they agree that their identity may be revealed and efforts will be made to ensure that the contents of the objection do not disclose the objector’s identity.

1. 1. If objectors wish for their details to be released to the applicant they should make this clear in their objection.

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Hearings

1. 1. The council has appointed a licensing committee of 15 Councillors. Licensing functions will often be delegated to a licensing sub committee of 3 councillors or, in appropriate cases, to officers of the council such as applications where there are mandatory grounds for refusal.

1. 1. All new, renewal and transfer applications will be determined by a sub-committee of three members of the Licensing Committee or officers with the appropriate delegation.

1. 1. It is the council’s practice to provide notice of the hearing to all interested parties (applicants and objectors) five days before the hearing.

1. 1. This notice will give the date of the hearing, the procedure for the hearing, state any points on which the council requires clarification at the hearing, and will require the addressee to confirm their attendance and the attendance of any witnesses they may wish to call.

1. 1. The hearing will normally take place in public.

1. 1. Councillors will have regard to the Guildford Borough Council Code of Conduct for Members and guidance issued by the Standards Board for England. Where a Councillor who is a member of the Licensing Committee or sub-committee has a prejudicial interest in the application before them, in the interests of good governance they will disqualify themselves from any involvement in the decision making process in respect of that application. Wherever possible, members will not hear applications from within their own ward to avoid any appearance of bias.

1. 1. The Licensing Committee will refer an application to the council where it is unable to deal with the application because of the number of members unable to vote on the matter in question.

Reasons for decisions

1. 1. In determining licence applications under the Act the council will take into consideration the application before it and any relevant objections received, as well as local knowledge including knowledge as to local issues and cultural sensitivities.

1. 1. Every decision to refuse a licence will be accompanied by clear reasons for the decision.

1. 1. Every effort will be made to provide an oral decision at the sub-committee hearing, with the written reasons to follow in due course. However if the Sub-Committee feel that they need further time to consider the matter fully, they may reserve their decision, in which case the parties will be notified of the decision and reasons for it in writing as soon as possible after the conclusion of the hearing.

Conditions

1. 1. The council will normally impose standard conditions on all licences. However, if deemed necessary in any particular case, the council may change, alter or replace the standard conditions or any of them with conditions that are specific to the application before them. Please see Appendix 2 for the standard conditions.

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1. 1. If the standard conditions are changed, the revised conditions will be applied to existing licences when they are renewed or transferred.

1. 1. The Home Office document “Sexual Entertainment Venues – Guidance for England and Wales” discusses the interplay between conditions on a premises licence granted under the Licensing Act 2003 and those applied to a sex establishment licensed under the Local Government (Miscellaneous Provisions) Act 1982. It states at Paragraph 4.16 that:

“In cases where conditions on a premises licence or clubs premises certificate are inconsistent with, and less onerous than, the condition in the licence granted under the

1982 Act they shall likewise be read as though they have been deleted.”

6.29 Therefore if there are any conditions on the sex establishment licence which conflict with and are more onerous than a condition on the Licensing Act premises licence, the Licensing Act condition will cease to apply.

6.30 Conditions on the Licensing Act premises licence which only apply to relevant entertainment shall be read as if they were deleted. This is to avoid duplication.

Right of Appeal

6.31 Only the applicant has the right to appeal the council’s decision to the Magistrates’ Court and only then on limited grounds. There is no right of appeal for objectors. Applicants and objectors are referred to paragraph 27 of Schedule 3 to the Act for further details.

Period of licence

6.32 A sex establishment licence will remain in force for a fixed period, which shall be no more than one year, unless brought to an end earlier as a result of the licence being surrendered or revoked. A fee is due with the application.

Renewal, Transfer

6.33 The process for applying for a renewal or transfer of the licence is the same as when applying for a new licence. Guidance for applicants is available on the council’s website. A fee is due with the application.

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Variation

6.34 At any time, a holder of a licence can apply to vary the terms, conditions or restrictions of a licence. There are some matters, required under the standard conditions, for which the premises licence holder is required to notify the council. These matters may include:

• • Minor internal structural changes (moving of existing fixed furniture, etc.)
  • Change in personnel
  • Amendment of the approved advertising material
  • Change of name of premises

6.35 However as there is no requirement to advertise a variation, licence holders should contact Licensing before making their application to discuss if a new application is more suitable. In general any variation which affects the matters mentioned in Section 1 will require a new application.

Revocation

6.36 If information is received by the council that circumstances have changed in such a way that the licence holder is deemed unsuitable or that the manager or person for whose benefit the business is carried on is unsuitable such that an application for a new licence would be refused, the council may revoke the sex establishment licence.

6.37 Should the council consider revocation of the licence to be appropriate the licensee will be provided an opportunity to appear before the Licensing Sub-Committee and be heard by them.

6.38 If the licensee so requests, the licensee will be given a statement in writing of the reasons for revocation within seven days of the request being made.

6.39 The revocation will take effect once the appeal period has expired, or if an appeal is lodged after the determination or abandonment of the appeal.

Waiver

6.40 Should the council decide that the requirement to hold a licence would be unreasonable or inappropriate, it may waive the need for a licence. Examples of cases where such waivers could be applied could include a medical book shop, sex clinic, in borderline cases, or for minor or temporary events.

6.41 The council would only waive the need for a licence where the activity is low risk and/or temporary. A waiver will not be granted in cases where it is appropriate for the activity to be covered by licence conditions.

6.42 The application for a waiver should be on the same form as an application for a new licence; however it should be accompanied by a letter which describes the circumstances in which the request for a waiver is made. There will be no requirement to advertise the application. Further information can be found on the council’s website, or by contacting Licensing.

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6.43 The decision on the application for a waiver will be taken at the next available licensing sub-committee hearing or by officers with the appropriate delegation and, if granted, a Notice of Waiver will be issued.

6.44 Unsuccessful applicants for waivers will be notified accordingly and provision will be made for them to make a formal application for a sex establishment licence.

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Section 7 Enforcement

1. Enforcement principles

1. 1. The council will work closely with partners in accordance with a locally established joint enforcement protocol and will aim to promote the licensing objectives by targeting known high risk premises following government guidance around better regulation.

1. 1. In carrying out its enforcement duties with regards to the inspection of premises and the powers to institute criminal proceedings in respect of certain offences under the Act, the council will endeavour to be:

1. 1. • proportionate: regulators should only intervene when necessary, remedies

should be appropriate to the risk posed, and costs should be identified and minimised;

1. 1. • accountable: regulators must be able to justify decisions, and be subject to public scrutiny;
      • consistent: rules and standards must be joined up and implemented fairly;
      • transparent: regulators should be open, and keep regulations simple and user friendly; and
      • targeted: regulation should be focused on the problem, and minimise side effects.

1. 1. The council will endeavour to avoid duplication with other regulatory regimes so far as possible.

1. 1. The council will also adopt a risk-based inspection programme in line with government recommendations around better regulation and the principles of the Hampton Review.

1. 1. The main enforcement and compliance role for the council in terms of the Act will be to ensure compliance with the conditions placed upon the licence and investigate and take appropriate action on unlicensed premises.

1. 1. The council will also keep itself informed of developments as regards the work of the Better Regulation Delivery Office in its consideration of the regulatory functions of local authorities.

1. 1. The council’s enforcement, compliance protocols and written agreements are available on www.guildford.gov.uk.[26]

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Appendix 1

[[Image:]]

Question 1

To what extent do you agree that the draft Licensing of Sex Establishments Policy is clearly written and easy to understand?
Answer Options			Response Response Percent Count
Strongly agree			20.0% 9
Tend to agree			48.9% 22
Neither agree nor disagree			15.6% 7
Tend to disagree			8.9% 4
Strongly disagree
Comments [[Image:]]
Answer Options Strongly agree		Response Response Count Percent
2.3% 1
Tend to agree		47.7% 21
Neither agree nor disagree		13.6% 6
Tend to disagree		25.0% 11
Strongly disagree		11.4% 5
Comments				15
answered question 44
skipped question 3

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[[Image:]][[Image:]]

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Question 4

Are the mandatory grounds for refusal clear (paragraphs 5.2 to 5.3)?
Answer Options	Response Percent	Response Count
Yes	60.0%	21
No	28.6%	10
Don't know	11.4%	4
Comments		8
answered question		35
skipped question		12

[[Image:]][[Image:]]

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Question 6

Do you think paragraphs 5.5 and 6.1 to 6.6 are appropriate in deciding if an applicant is a fit and proper person?
Answer Options		Response Response Percent Count
Yes		47.1%		16
No		41.2%		14
Don't know		11.8%		4
Comments				12
answered question 34
skipped question 13

[[Image:]]

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[[Image:]]

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Question 9

We are not proposing to set a limit on the numbers or locality of sex shops and sex cinemas, but will deal with each application on a case-by-case basis. To what extent do you agree with this proposal?
Answer Options		Response Percent	Response Count
Strongly agree		31.4%	11
Tend to agree		28.6%	10
Neither agree nor disagree		5.7%	2
Tend to disagree		2.9%	1
Strongly disagree		34.3%	12
answered question 35
skipped question 12

[[Image:]][[Image:]]

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Question 11

Do you think the enforcement section of the draft Licensing of Sex Establishments Policy provides adequate information?
Answer Options		Response Response Percent Count
Yes		65.7% 23
No		17.1% 6
Don't know		17.1% 6
Comments			2
answered question 35
skipped question 12

[[Image:]][[Image:]]

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[[Image:]]

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Question 15

Do you think it is useful to have a section on definitions in the draft policy?
Answer Options		Response Response Percent Count
Yes		88.2% 30
No		0.0% 0
Don't know		11.8% 4
Comments			5
answered question 34
skipped question 13

[[Image:]]

30

[[Image:]]

31

Question 20

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Appendix 2 Standard Conditions

These conditions will generally be attached to all licences granted under the Act. These conditions may be dispensed with, added to or modified by the council where appropriate. Where, in these conditions, there is a reference to the consent of the council being required, the consent may be subject to terms, conditions and restrictions as appropriate.

In accordance with Home Office guidance, where a condition is inconsistent with and is more onerous than a condition in a Licensing Act premises licence, the Licensing Act condition shall cease to apply.

Sexual Entertainment Venues

General

1. Unless stated otherwise, the licence hereby granted shall operate for one year from the date on the licence, after which it shall cease to be in effect, unless an application for renewal is submitted in the manner prescribed by the council.
2. The licensee shall operate a code of practice for dancers and code of conduct for customers. These documents must be approved by the Council and Surrey Police and shall be made available to any police officer or authorised officer of the Council on request.
3. Price lists for both drinks and sexual entertainment and the code of conduct for customers shall be clearly displayed at each table and at each entrance to the premises.
4. Price lists and the code of conduct for customers must be printed in a manner which is clear and easy to read.
5. Suitable and sufficient training is to be provided to all staff including the responsible person as described in condition 28. A training record shall be kept for each member of staff and the training record shall be made available upon request to any police constable or authorised officer of the Council.
6. The name of the premises must be approved by the council in writing. Any change to the name of the premises must be approved by the council in writing.

Exhibition of the licence

1. The licence, or a clear copy, shall be prominently displayed at all times so as to be readily and easily seen by all persons using the premises, the police, and authorised officers of the council. A copy of the conditions attached to the licence shall be kept on the premises and be available for inspection by an authorised officer of the council, or a police officer.

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Hours of opening (to be tailored to individual licences)

1. The premises shall only be open to the public during the following hours:

Monday Friday

Tuesday Saturday

Wednesday Sunday

Thursday

Conduct on the premises

1. Dancers shall only perform on the stage area, or in booths/areas for VIPs, as identified on the plan attached to the licence.
2. Relevant entertainment shall only be performed by the dancer. There must be no audience participation.
3. There must be no physical contact between dancers.
4. There must be no physical contact between the dancer and the customer at any time.
5. Any performance shall be restricted to dancing and the removal of clothes. There shall not be any other form of sexual activity or stimulation which, for the avoidance of doubt, includes kissing.
6. Sex toys must not be used and penetration of the genital area by any means must not take place.
7. Customers shall not be permitted to throw money at the dancers.

External appearance

1. There shall be a notice displayed inside each entrance or doorway to the premises, which shall clearly be visible to any person entering the premises, which states the following:

1. The external appearance of the premises must be approved by the council in writing.
2. Any change to the external appearance must be approved by the council. The operator must notify the Council in writing of any proposed change and shall provide a drawing of the existing and proposed street elevation. This must be approved by the council before any work is undertaken.
3. Access to the licensed area of the premises shall be through a lobby area which is constructed in such a way that the inside of the licensed premises where relevant entertainment takes place is not visible to passing members of the public when the doors of the premises are opened.

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1. Signage shall only be illuminated between 10pm and 6am, and movable signs placed outside the premises shall be removed between 6am and 10pm.

Advertising

1. Any unsolicited written, visual or auditory advertisement material, posters, signage or window display must not be of a sexually explicit or suggestive nature, shall not contain images or text of a sexually explicit, obscene or offensive nature and must be approved by the council in writing.

22 Staff employed or subcontracted by the premises shall not verbally or otherwise promote, tout or advertise the premises, except by way of flyers.

1. Leafleting/distribution of flyers shall only be permitted as long as it does not cause public offence. The licensee shall remove any leaflets from the Highways within a 100 metre radius of the premises by 6am. The licensee shall operate a flyer distribution policy which must be approved by the Council.

Layout of premises

1. No access shall be permitted through the premises to any other adjoining or adjacent premises except in the case of an emergency.
2. No alterations (including temporary alterations) shall be made to the structure and installations on the premises, without the prior written consent of the council. This condition does not require notice to be given in respect of routine maintenance works. Where there is any doubt the licensee should seek advice from the council.

Management of the premises

1. The licensee, or a responsible person nominated by him/her in writing for the purpose of managing the venue (“the manager”) shall have personal responsibility for and be present on the premises whilst relevant entertainment is being performed. Any such nomination shall be produced on demand to an authorised officer of the council or a police constable.
2. The licensee shall ensure that any person nominated by him/her in accordance with Condition 28:
   1. has been provided with a copy of the conditions relating to the premises and is fully conversant with them; and
   2. is in possession of the written nomination referred to above at all times when they are in charge of and present on the premises.

28 Where the licensee is a body corporate, or an unincorporated body, any change of director, company secretary or other person responsible for the management of the body shall be notified in writing to the council within 14 days of such change. Such details as the council may require in respect of the change of personnel shall be furnished within 14 days of a request in writing from the council.

35

1. Where the licensee, director, company secretary, or responsible person nominated for the purpose of managing the venue (“the manager”), is convicted of an offence, they must, as soon as practicable after the conviction, inform the council of the conviction giving details of the nature and date of the conviction, and any sentence imposed.
2. The licensee shall retain control over all parts of the premises and shall not let, licence or part with possession of any part of the premises. The council must be notified immediately in the event that any part of the premises is affected by the termination of a lease or other event affecting the licensee’s control of the premises.
3. The licensee shall ensure that the public is not admitted to any part or parts of the premises which have not been approved by the council for the purposes of public access.
4. No persons under the age of 18 shall be admitted to the premises.
5. The licensee shall operate a Challenge 25 age verification policy. People who appear to be under the age of 25 will be required to show proof of ID prior to admittance. A notice to this effect, in accordance with condition 18 shall be displayed on the premises.
6. The licence holder shall not employ any person under the age of 18 in any capacity.

Safety and security

1. A suitable Closed-Circuit Television (CCTV) system shall be operational at the premises at all times when licensable activities are being carried out and at any other times when members of the public are present on the premises. The CCTV system shall cover all areas of the premises to which the public are permitted to have access, including corridors and stairways (excluding WCs). The CCTV system shall cover the main entrances and exits and designated emergency exit routes from the premises. The CCTV system shall cover all external areas of the premises accessed by the public, including queuing areas, beer gardens, smoking areas and car parks. The location of the CCTV cameras shall be identified on the site plan of the premises. No amendments to the locations of the cameras shall be made without prior consultation with Surrey Police/British Transport Police and the Licensing Authority.
2. The CCTV system shall be of a sufficient resolution quality to enable the identification of persons and activities, and other details such as vehicle registration number plates. The CCTV system shall contain the correct time and date stamp information. The CCTV system shall have sufficient storage retention capacity for retention of a minimum of 31 days’ continuous footage, which shall be of good quality. The CCTV footage shall be controlled and kept in a secure environment to prevent tampering or unauthorised viewing. A record shall be kept of who has accessed the system, the reason why and the date and time of access.
3. The data controller, under the Data Protection Act 1998, who is responsible for any CCTV images captured on cameras on the premises shall, on the lawful request of an authorised officer or an officer of Surrey Police/British Transport Police, cause any required footage to be downloaded immediately, or where this is not possible, as soon as reasonably practicable, and supplied to the requesting officer. Where the CCTV images are not supplied at the time of the request being made, the data controller shall ensure that they are secured to prevent any overwriting.

36

38The CCTV system shall be adequately maintained and be capable of transporting recorded material onto a removable media. The CCTV system replay software must allow an authorised officer or an officer of Surrey Police/British Transport Police to search the picture footage effectively and see all the information contained in the picture footage for the purpose of detecting, investigating and preventing crime. It must be possible to replay exported files immediately e.g. no re-indexing of files or verification checks shall be required.

1. A minimum of two Security Industry Authority registered door staff shall be present on the premises during the performance of relevant entertainment. In addition, the licensee shall provide such additional SIA registered door staff as shall be reasonably required by Surrey Police or the Licensing Authority.

Staff welfare

1. Dancers shall be aged 18 years or over.
2. Before a dancer is permitted to work on the premises the licensee shall ensure that the dancer:

1. 1. 1. has not been convicted of theft, drug offences or prostitution
      2. has the right to work in the UK

The licensee shall keep records of the checks made, including copies of any documentation such as a basic disclosure, passport, visa, driving licence or national insurance number provided by the dancer.

1. to the Licensee shall provide new dancers with a pack of information. This pack shall include:
   1. A copy of the Sex Establishment Licence, including the conditions applied by the Licensing Committee.
   2. Details of any other conditions applied by the management of the premises
   3. Details of how to report crime to the relevant authority
   4. Details of the premises public liability insurance
   5. Information on how dancers can obtain personal liability insurance
   6. Details of unions, trade organisations or other bodies that represent the interests of dancers
   7. A copy of the code of conduct for dancers
   8. A copy of the code of conduct for customers
   9. Price lists for drinks and sexual entertainment
2. The information required in accordance with Condition 42 shall be provided in the dressing rooms or alternatively a sign shall be placed in the dressing rooms advising that the information pack is available on request.
3. All booths and VIP areas used for private dances must be visible to supervisors and must not have closing doors, curtains or coverings of any description .
4. All booths and VIP areas used for private dances must be directly supervised by either a SIA registered door supervisor, or a member of staff who has direct contact with the SIA registered door supervisors working on the premises, at all times when the booths/areas are in use. Direct supervision does not include remote supervision by CCTV.

37

1. Dancers shall only be present in the licensed area in a state of nudity when they are performing on stage or providing a private dance.

1. Any person on the premises who can be observed from outside the premises shall be properly and decently dressed.
2. The licensee shall ensure that dancers have secure dressing rooms, facilities to secure valuables and proper sanitation facilities available to them.
3. Panic alarms shallbe fitted to all booths and VIP performance areas and shall be operational at all times.

38

Sex Shops

General

1. Unless stated otherwise, the licence hereby granted will operate for one year from the date on the licence, after which it will cease to be in effect unless an application for renewal is submitted in the manner prescribed by the council.

2 The name of the premises must be approved by the council in writing. Any change to the name of the premises must be approved by the council in writing.

Exhibition of licence

1. The licence, or a clear copy, shall be prominently displayed at all times so as to be readily and easily seen by all persons using the premises, the police and authorised officers of the council. A copy of the conditions attached to the licence shall be kept on the premises and be available for inspection by an authorised officer of the council, or a police constable.

Hours of opening (to be tailored to individual licences)

1. The premises shall only be open to the public during the following hours:

Monday Friday

Tuesday Saturday

Wednesday Sunday

Thursday

Conduct on the premises

1. The licensee, or any other person concerned in the conduct or management of the premises, shall ensure that any personal solicitation or touting from the premises to obtain custom does not cause nuisance or annoyance to the public. Any literature used shall not contain images or text of a sexually explicit, obscene or offensive nature.

External appearance

1. There shall be a notice displayed on each entrance or doorway to the premises which states the following:

Strictly No Admittance to Persons Under 18 Years of Age This premises operates a Challenge 25 policy. Persons under the age of 25 will be required to show proof of age.

1. The external appearance of the premises must be approved by the council in writing.
2. Any change to the external appearance of the premises must be approved by the council. The operator must inform the Council of any proposed change in writing and provide a drawing of the existing and proposed street elevation. This must be approved by the council before work is undertaken.

39

1. The frontage of the licensed premises shall be of such a nature that the interior of the licensed premises shall not be visible from the outside and the contents of the licensed premises shall not be visible when the doors of the licensed premises are open.
2. There shall be no illuminated or protruding signs fixed to the premises and no signs placed outside the premises.

Advertising

1. Any unsolicited written, visual or auditory advertisement material, posters, signage or window display must not be of a sexually explicit or suggestive nature, shall not contain images or text of a sexually explicit, obscene or offensive nature and must be approved by the council in writing.
2. Leafleting/distribution of flyers shall only be permitted as long as it does not cause public offence. The licensee shall remove any leaflets from the highways within a 100 metre radius of the distribution point. Flyers must not be distributed by and to persons under the age of 18 years of age. The licensee shall operate a flyer distribution policy which shall be approved by the council.

Layout of premises

1. No access shall be permitted through the premises to any other adjoining or adjacent premises, except in the case of an emergency.
2. No alterations (including temporary alterations) shall be made to the structure and installations on the premises without the prior written consent of the council. This condition does not require notice to be given in respect of routine maintenance works. Where there is any doubt the licensee should seek advice from the council.

Management of the premises

1. The licensee, or a responsible person nominated by him/her in writing for the purpose of managing the venue (“the manager”), shall have personal responsibility for and be present on the premises whilst the premises are open to the public. Any such nomination shall be produced on demand to an authorised officer of the council or a police constable.
2. The licensee shall ensure that any person nominated by him/her under Condition 16 above:
   1. has been provided with a copy of the conditions relating to the premises and is fully conversant with them; and
   2. is in possession of the written nomination at all times when they are in charge of and present on the premises.
3. Where the licensee is a body corporate or an unincorporated body, any change of director, company secretary or other person responsible for the management of the body shall be notified in writing to the council within 14 days of such change. Such details as the council may require in respect of the change in personnel shall be furnished within 14 days of a request in writing from the council.

40

1. The licensee shall retain control over all parts of the premises and shall not let, licence or part with possession of any part of the premises. The council must be notified immediately in the event that any part of the premises is affected by the termination of a lease or other event affecting the licensee’s control of the premises.
2. The licensee shall ensure that the public are not admitted to any part or parts of the premises that have not been approved by the council for the purposes of public access.
3. The licensee shall keep a record of all employees who are asked to work on the premises. The record shall include their full name, date of birth, current and previous addresses and any convictions recorded against that person (subject to the Rehabilitation of Offenders Act 1984).
4. A certified copy of the personnel record kept in accordance with Condition 21 or a record relating to a specified individual shall be produced on demand to an authorised officer of the council or the police.
5. No persons under the age of 18 shall be admitted to the premises.
6. The licensee shall operate a Challenge 25 age verification policy and customers under the age of 25 shall be required to show proof of ID. A notice to this effect in accordance with condition 7 shall be displayed on the outside of the premises.
7. The licence holder shall not employ any person under the age of 18 in any capacity.

Video recordings

1. No moving picture shall be provided on display at the licensed premises unless it is for the purposes of advertising videos on a loop system or allowing a prospective purchaser a short preview of films upon request, being no longer than 3 minutes in length.

1. Items sold, supplied for hire or exchange or used in any promotion/advertising must not contravene any current legislation i.e. Section 12 Video Recordings Act 1984, (as amended).

Vessels, stalls and vehicles

1. Vehicles must not be used for personal solicitation, touting or advertising.

41

Sex Cinemas

General

1. Unless stated otherwise, the licence hereby granted will operate for one year from the date on the licence, after which it will cease to be in effect unless an application for renewal is submitted in the manner prescribed by the council.

2 The name of the premises must be approved by the council in writing. Any change to the name of the premises must be approved by the council in writing.

Exhibition of licence

1. The licence, or a clear copy, shall be prominently displayed at all times so as to be readily and easily seen by all persons using the premises, the police, and authorised officers of the council. A copy of the conditions attached to the licence shall be kept on the premises and be available for inspection by an authorised officer of the council, or a police constable.

Hours of opening (to be tailored to individual licences)

1. The premises shall only be open to the public during the following hours:

Monday Friday

Tuesday Saturday

Wednesday Sunday

Thursday

Conduct on the premises

1. The licensee, or any other person concerned in the conduct or management of the premises, shall ensure that any personal solicitation or touting from the premises to obtain custom does not cause nuisance or annoyance to the public. Any literature used shall not contain images or text of a sexually explicit, obscene or offensive nature.

External appearance

1. There shall be a notice displayed on each entrance or doorway to the premises which states the following:

Strictly No Admittance to Persons Under 18 Years of Age

This premises operates a Challenge 25 policy.

Persons under the age of 25 will be required to show proof of age.

1. The external appearance of the premises must be approved by the council in writing.
2. Any change to the external appearance of the premises must be approved by the council. The operator must inform the Council of any proposed change in writing and provide a drawing of the existing and proposed street elevation. This must be approved by the council before work is undertaken.

42

1. The frontage of the licensed premises shall be of such a nature that the interior of the licensed premises shall not be visible from outside and the contents of the licensed premises shall not be visible when the doors of the licensed premises are open.
2. There shall be no illuminated or protruding signs fixed to the premises and no signs placed outside the premises.

Advertising

1. Any unsolicited written, visual or auditory advertisement material, posters, signage or window display must not be of a sexually explicit or suggestive nature, shall not contain images or text of a sexually explicit, obscene or offensive nature and must be approved by the council in writing.
2. Leafleting/distribution of flyers shall only be permitted as long as it does not cause public offence. The licensee shall remove any leaflets from the highways within a 100 metre radius of the distribution point. Flyers must not be distributed by and to persons under the age of 18 years of age. The licensee shall operate a flyer distribution policy which shall be approved by the council.

Layout of premises

1. No access shall be permitted through the premises to any other adjoining or adjacent premises, except in the case of an emergency.
2. No alterations (including temporary alterations) shall be made to the structure and installations on the premises without the prior written consent of the council. This condition does not require notice to be given in respect of routine maintenance works. Where there is any doubt the licensee should seek advice from the council.

Management of the premises

1. The licensee, or a responsible person nominated by him/her for the purpose of managing the venue (“the manager”), shall have personal responsibility for and be present on the premises whilst the premises are open to the public. Any such nomination shall be produced on demand to an authorised officer of the council or a police constable.
2. The licensee holder shall ensure that any person nominated by him/her under Condition 16:
   1. has been provided with a copy of the conditions relating to the premises and is fully conversant with them; and
   2. is in possession of the written nomination at all times when they are in charge of and present on the premises.
3. Where the licensee is a body corporate or an unincorporated body, any change of director, company secretary or other person responsible for the management of the body shall be notified in writing to the council within 14 days of such change. Such details as the council may require in respect of the change in personnel shall be furnished within 14 days of a request in writing from the council.

43

1. The licensee shall retain control over all parts of the premises and shall not let, licence or part with possession of any part of the premises. The council must be notified immediately in the event that any part of the premises is affected by the termination of a lease or other event affecting the licensee’s control of the premises.
2. The licensee shall ensure that the public are not admitted to any part or parts of the premises that have not been approved by the council for the purposes of public access.
3. The licensee shall keep a record of all employees who are asked to work on the premises which shall include their full name, date of birth, current and previous addresses and any convictions recorded against that person (subject to the Rehabilitation of Offenders Act 1984).

22. [[Image:]]

23.

24.

25.

44

Appendix 3 Contact details

Licensing Guildford T: 01483 444371

Borough Council Licensing@guildford.gov.uk

Millmead House Application form, plan, fee, policies, notices

Millmead and declaration

Guildford

Surrey

GU2 4BB

45

Appendix 4 Interpretation

Advertisement means any word, letter, image, model, sign, placard, board, notice, device or representation, whether illuminated or not, in the nature of and employed wholly or partly for the purposes of, advertisement or announcement.

Audience includes an audience of one.

Authorised officer means an officer employed by Guildford Borough Council and authorised by the council to act in accordance with provisions of the Act.

The council means Guildford Borough Council.

Display of nudity means:

1. in the case of a woman, exposure of her nipples, pubic area, genitals or anus; and

1. in the case of a man, exposure of his pubic area, genitals or anus.

Dancer means dancer, entertainer, performer or other such person employed, or otherwise engaged, to provide relevant entertainment.

Licence means any sex establishment licence that the council can grant under the Act. This includes any associated consent or permission.

Licensee means the holder of a sex establishment licence.

Licensed area means the part of the premises marked on the plan where licensable activities are to take place.

Premises includes any vehicle, vessel or stall but does not include any private dwelling to which the public is not admitted.

Relevant entertainment means any live performance or any live display of nudity which is of such a nature that, ignoring financial gain, it must reasonably be assumed to be provided solely or principally for the purpose of sexually stimulating any member of the audience (whether by verbal or other means).

Sex shop means any premises used for a business which consists to a significant degree of selling, hiring, exchanging, lending, displaying or demonstrating sex articles or other things intended for use in connection with, or for the purpose of stimulating or encouraging sexual activity.

Sexual entertainment venue means any premises at which relevant entertainment is provided before a live audience, directly or indirectly for the financial gain of the organiser (i.e. a person who is responsible for te organisation or management of the entertainment or the premises).

46

Standard conditions means any terms, conditions or restrictions which the Council has prescribed as conditions subject to which all licences under the Act are in general to be granted, renewed or transferred..

The Act means the Local Government (Miscellaneous Provisions) Act 1982.

Unsolicited (in relation to advertising) means any material that is unasked for, not looked for or unsought, i.e. newspaper advertising, flyers, posters, radio advertisements, television advertising, advertising hoardings etc.

Vehicle means a vehicle intended or adapted for use on roads.

47

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Licensing of Sex Establishments Policy Consultation Results Question 1

To what extent do you agree that the draft Licensing of Sex Establishments Policy is clearly written and easy to understand?
Answer Options		Response Response Percent Count
Strongly agree		20.0%		9
Tend to agree		48.9%		22
Neither agree nor disagree		15.6%		7
Tend to disagree		8.9%		4
Strongly disagree		8.9%		4
Comments				10
answered question 45
skipped question 2

I ain't read it

The document is extremely technical in its wording, conditions and regulation proposed.

The document is extremely technical in its wording, conditions and regulation proposed.

The document is extremely technical in its wording, conditions and regulation proposed.

The policy is confusing and too technical.

The document is extremely technical in its wording, conditions and regulation proposed making it confusing and complex to read or understand.

I am used to reading local government policy statements !

While I understand that the Policy has to be written in a certain way, it does need the reader to be able to understand the legal way in which it's written. People who read at a simple level would probably find it hard to wade through the formal language that needed to be used.

It is clear but very long winded and repeats itself a lot

5.4 /5,5 should include any criminal conviction other than driving offence 5.11 should include near hotels 5.27 should be mandatory training delete 6.6 6.15 is bady worded page 22 general 4 should include font size and colour page 25 should include cctv code of practrice

Question 2

To what extent do you agree that the draft Licensing of Sex Establishments Policy is fair to both residents and licensed premises?
Answer Options		Response Response Count Percent
Strongly agree		2.3% 1
Tend to agree		47.7% 21
Neither agree nor disagree		13.6% 6
Tend to disagree		25.0% 11
Strongly disagree		11.4% 5
Comments			15
answered question 44
skipped question 3

No way should Guildford or are be subjected to these sex establishments - as it would debase the vicinity.

Where dem titties at

There is not a strong mandate for the adoption of such regulation. The existing premises have not given cause in any shape or form for the public to historically have recorded any complaints.

There is not a strong mandate for the adoption of such regulation. The existing premises have not given cause in any shape or form for the public to historically have recorded any complaints.

There is not a strong mandate for the adoption of such regulation. The existing premises have not given cause in any shape or form for the public to historically have recorded any complaints.

There is not a strong mandate for the adoption of such regulation. The existing premises have not given cause in any shape or form for the public to historically have recorded any complaints.

There is not a strong mandate for the adoption of such regulation. The existing premises have not given cause in any shape or form for the public to historically have recorded any complaints.

Licensing sex establishments is never fair - to residents or the licensed premises, however much the LPs might want and chose to set up such such premises. If it goes ahead, the situation will inevitably lead to a downturn in social moral standards.

Too much leeway is given to the licenses premises

Don't feel that these type of premises are necessary or appropriate in a Town like Guildford

It should be possible for SEVs to operate within Guildford - a blanket ban in all circumstances is inappropriate.

Please also take into account the fact the Rape and Sexual Assault counselling service for much of Surrey is housed in Guildford town centre, operating from two locations. It would be heinous to licence a sex shop or SEV close to either of these locations.

I think if we HAVE to have such establishments then they absolutely should be registered; however I also think such establishments are unacceptable to the vast majority of residents.

We already have too many pubs and gambling casino's. Do we want the centre with the addition of sex establishments to become a small Soho lookalike ? Because that is what we will get if you do not state categorically No Sex Please we are British or Guildford. You are already destroying the old image of Guildford so that it becomes just like any other town in UK.

We already have too many pubs and gambling casino's. Do we want the centre with the addition of sex establishments to become a small Soho lookalike ? Because that is what we will get if you do not state categorically No Sex Please we are British or Guildford. You are already destroying the old image of Guildford so that it becomes just like any other town in UK.

Question 3

Local authorities have both mandatory and discretionary grounds for refusal of applications. Are the distinctions between mandatory and discretionary made clear in our draft policy?
Answer Options		Response Response Percent Count
Yes		62.9% 22
No		22.9% 8
Don't know		14.3% 5
Comments			6
answered question 35
skipped question 12

The assessment of an individual or company, their character and qualification to operate are highly subjective in qualifying their suitability. This is a lawful activity that should not be compromised by placing an oppressive obstruction in the application process.

The assessment of an individual or company, their character and qualification to operate are highly subjective in qualifying their suitability. This is a lawful activity that should not be compromised by placing an oppressive obstruction in the application process.

The assessment of an individual or company, their character and qualification to operate are highly subjective in qualifying their suitability. This is a lawful activity that should not be compromised by placing an oppressive obstruction in the application process.

The assessment of an individual or company, their character and qualification to operate are highly subjective in qualifying their suitability. This is a lawful activity that should not be compromised by placing an oppressive obstruction in the application process.

The assessment of an individual or company, their character and qualification to operate are highly subjective in qualifying their suitability. This is a lawful activity that should not be compromised by placing an oppressive obstruction in the application process.

I don't feel that these premises are necessary and would be interested in the additional cost that could affect local council taxes. If there is any additional cost involved I would be opposed to anything further taking place.

Question 4

Are the mandatory grounds for refusal clear (paragraphs 5.2 to 5.3)?
Answer Options	Response Percent	Response Count
Yes	60.0%	21
No	28.6%	10
Don't know	11.4%	4
Comments		8
answered question		35
skipped question		12

The delegation to licensing officers to interpret the requirements is ambiguous

The delegation to licensing officers to interpret the requirements is ambiguous

The delegation to licensing officers to interpret the requirements is ambiguous

The delegation to licensing officers to interpret the requirements is ambiguous

The delegation to licensing officers to interpret the requirements is ambiguous

1 - Exclusion of non-EEA individuals seems rather hard to police and could lead to claims of racism. 2 - we query whether an application age of 18 is sufficient and would suggest an age of 21. We would note that ages for consent of different types of sexual activity and and entertainments across the EEA are varied, so raising the requirement to 21 would ensure no breaches of laws in resident countries

They are in themselves, but without personal understanding of the legalities surrounding the issue I have no idea as to whether or not the mandatory grounds are complete and/or cover every eventuality. Given the subject I rather suspect that people will continue to find ways to circumnavigate mandatory grounds for refusal, which will of course result in an on-going need to update them.

See above

Question 5

Are the discretionary grounds for refusal clear (paragraph 5.4)?
Answer Options	Response Percent	Response Count
Yes	57.1%	20
No	31.4%	11
Don't know	11.4%	4
Comments		9
answered question		35
skipped question		12

No way it is suitable to have a sex establishments licensed in Guildford or surrounding areas.

The reason for the ambiguity is that the adjudicator is not identified in judging who would be unsuitable? Status of a business and who would benefit? And all of the other criteria listed, is this to be delegated to officers or subject of a committee and appeal process?

The reason for the ambiguity is that the adjudicator is not identified in judging who would be unsuitable? Status of a business and who would benefit? And all of the other criteria listed, is this to be delegated to officers or subject of a committee and appeal process?

The reason for the ambiguity is that the adjudicator is not identified in judging who would be unsuitable? Status of a business and who would benefit? And all of the other criteria listed, is this to be delegated to officers or subject of a committee and appeal process?

The reason for the ambiguity is that the adjudicator is not identified in judging who would be unsuitable? Status of a business and who would benefit? And all of the other criteria listed, is this to be delegated to officers or subject of a committee and appeal process?

The reason for the ambiguity is that the adjudicator is not identified in judging who would be unsuitable? Status of a business and who would benefit? And all of the other criteria listed, is this to be delegated to officers or subject of a committee and appeal process?

Refusal on the grounds of being "unsuitable" is non-descript and requires further clarification beyond that outilned in paras 5.5 and 5.6 to avoid charges of prejudice in a commercial application It is unclear how this policy fits with the rehabilitation of offenders acts

They are in themselves, but without personal understanding of the legalities surrounding the issue I have no idea as to whether or not the discretionary grounds are complete and/or cover every eventuality. Given the subject I rather suspect that people will continue to find ways to circumnavigate discretionary grounds for refusal, which will of course result in an on-going need to update them.

See above

Question 6

Do you think paragraphs 5.5 and 6.1 to 6.6 are appropriate in deciding if an applicant is a fit and proper person?
Answer Options		Response Response Percent Count
Yes		47.1%		16
No		41.2%		14
Don't know		11.8%		4
Comments				12
answered question 34
skipped question 13

no one should take on these premises.

It is not clear who is going to make the judgment? How is honest qualified and quantified? Who judges the clear understanding of conditions? Who, in licensing, can qualify a suitable business plan for a sex shop or sexual entertainment venue? Who is going to determine the suitability to manage sexual entertainment or retail environments, relying on the skills available to the licensing department?

It is not clear who is going to make the judgment? How is honest qualified and quantified? Who judges the clear understanding of conditions? Who, in licensing, can qualify a suitable business plan for a sex shop or sexual entertainment venue? Who is going to determine the suitability to manage sexual entertainment or retail environments, relying on the skills available to the licensing department?

It is not clear who is going to make the judgment? How is honest qualified and quantified? Who judges the clear understanding of conditions? Who, in licensing, can qualify a suitable business plan for a sex shop or sexual entertainment venue? Who is going to determine the suitability to manage sexual entertainment or retail environments, relying on the skills available to the licensing department?

- It is not clear who is going to make the judgment? How is honest qualified and quantified? Who judges the clear understanding of conditions? Who, in licensing, can qualify a suitable business plan for a sex shop or sexual entertainment venue? Who is going to determine the suitability to manage sexual entertainment or retail environments, relying on the skills available to the licensing department?

- It is not clear who is going to make the judgment? How is honest qualified and quantified? Who judges the clear understanding of conditions? Who, in licensing, can qualify a suitable business plan for a sex shop or sexual entertainment venue? Who is going to determine the suitability to manage sexual entertainment or retail environments, relying on the skills available to the licensing department?

6.2 regarding DBS checks - we feel that this should be mandatory and the DBS checks should be enhanced. To note the relevance to the safeguarding of vulnerably adults.

I have no idea of the legal definition of 'honest'. In my view, someone wanting to set up a sex establishment is not 'honest', but of course this might not be the case in law. I am concerned about 'the council' deciding who. what and how. Councils change and the public have idea of the personal preferences of those making the decisions at any one point. I'm not convinced that the law itself can be a safeguard in reducing the personal preferences of those in charge of making the decisions 6.2 - I am concerned that an interview by phone can never be secure. There would be no way at all to establish without doubt that the correct person was being interviewed. 6.5 - Applicants can never have an employees welfare policy, clear or otherwise, given the work involved! A clear welfare policy would say that the work will harm those doing it!!!! 6.6 - this is the ultimate get-out clause of everything that goes before, isn't it? The employee can do whatever they want in the end, as long as they can 'prove' that the interests of the public are protected.

Applicants should be of a suitable background

how to you deem "honest". Many upstanding pillars of the community are dishonest in some way or another!

I think it would be necessary to have a clear policy about how decisions might be made. E.g. if 3/5 people simply "don't like the impression" the applicant gives then that's ok (to me) but that needs to be recorded and clear. We're talking about the sex industry here; that's one of the most corrupt industries there is.

should be any criminal conviction except driving points

Question 7

Do you think it is acceptable to have sexual entertainment venues near the following?:
Answer Options		Yes	No	No opinion	Response Count
Schools and other places of education		1	34	1	36
Play areas and parks		2	33	1	36
Youth facilities		2	33	1	36
Residential areas		8	28	0	36
Women's refuges		2	34	0	36
Family leisure facilities, such as cinemas, theatres and concert halls		10	25	2	36
Places of worship		8	27	1	36
Places used for celebration or commemoration		11	23	2	36
Cultural leisure facilities such as libraries and museums		11	23	1	35
Shopping areas		14	21	1	36
Historic buildings		13	23	1	37
Other location (please specify in the Comments box and explain if you think it would be acceptable or not to have a sexual entertainment venue near this location)		2	10	5	17
Comments					19
answered question 37
skipped question 10

It is not acceptable to have these sexual entertainment venues in any part of the town (Guildford) or surrounding areas. I do not feel it is acceptable to have sexual entertainment venues in Guildford in any way , or surrounding areas.

A sexual entertainment venue is a completely lawful activity, highly regulated and should not be discriminated upon, on moral or prejudicial grounds impeding ones human rights, freedom of expression and rights to the enjoyment thereof.

A sexual entertainment venue is a completely lawful activity, highly regulated and should not be discriminated upon, on moral or prejudicial grounds impeding ones human rights, freedom of expression and rights to the enjoyment thereof.

Any built up area would NOT be acceptable

A sexual entertainment venue is a completely lawful activity, highly regulated and should not be discriminated upon, on moral or prejudicial grounds impeding ones human rights, freedom of expression and rights to the enjoyment thereof.

Locations should be in business or non-residential areas of major towns

We agree that SEVs are "not appropriate" near these places (para 5.11) but also the following: Public houses, restaurants and fast food outlefts; train and bus stations; sports facilities; Hotels and motels.

Graveyards, chapels or rest, creamatoria, We note that family leisure centres would not be appropriate, however cinemas, theatres etc may be suitable depending on the external presentation of the SEVs

It's not acceptable anywhere.

Anywhere in central Guildford. 'Near' should not be synominous with a short distance - it should be of the order of 600-800 m

You have already said that all of these places are not acceptable in your policy. why are you asking us. Of course we agree with you and if not you would be right to override us.

Frankly , Guildford as a family market town should not licence any SEV's . If people want that sort of thing then let them go up to Soho rather than have it pushed in the rest of the population's faces in Guildford.

Unacceptable anywhere in our area.

SEVs should only be permitted near historic buildings if the dancers and all other staff are dressed in period costume appropriate to the date of construction of the buildings in question.

SEVs should only be permitted close to historic buildings if the dancers are dressed in period costume appropriate to the age of the nearby building.

See my previous points re: The RASAC centres in Guildford.

Parkland, sports facilities, areas of natural beauty

WE should not have any at all anywhere.

Hotels

Question 8

Do you think it is acceptable to have sexual entertainment venues in the following localities?
Answer Options		Yes	No	No opinion	Response Count
Rural		11	22	3	36
Residential		8	27	1	36
Deprived areas		10	25	2	37
Other areas (please use the Comments box to specify the area and explain whether you think it would be acceptable to have a sex entertainment venue in that area)		2	7	4	13 15
Comments
answered question 37
skipped question 10

Not acceptable in any area.

Entertainment and social facilities would normally be found in an urban, social environment, i.e., town centre leisure quarter with a comprehensive selection of entertainment and social activity, catering for all walks of life, gender and taste, without oppressive discrimination.

Entertainment and social facilities would normally be found in an urban, social environment, i.e., town centre leisure quarter with a comprehensive selection of entertainment and social activity, catering for all walks of life, gender and taste, without oppressive discrimination.

Any built up area would NOT be acceptable

Entertainment and social facilities would normally be found in an urban, social environment, i.e., town center leisure quarter with a comprehensive selection of entertainment and social activity, catering for all walks of life, gender and taste, without oppressive discrimination.

As above. Office / business areas suitable.

We agree with (para 5.12) that these areas are unexceptable for SEVs to be located and would like the council to set a limit of 'nil' in all these locations, as you are entitled to by law (para 5.7) also including, 'nil' in Industrial and Urban areas . Why not have a 'nil per location' policy? If SEVs are "not in accordance with a culturally rich and diverse Borough" "and unlikely to enhance the reputation of the Borough"(para 5.9) AND THIS MUST APPLY TO SEX SHOPS AND SEX CINEMAS AS WELL.

Commerical high streets, town centres or out of town commercial centres would be the most appropriate places

It's not acceptable anywhere.

Anywhere in central Guildford

No where near where people shop or children or young people are likely to gather

As above - if people want to view lap dancing , porn etc let them go up to town in London rather than impose on the majority by making us have it here.

Please be mindful of licencing SEVs too far out of town and general thoroughfare; employees can be incredibly vulnerable and forcing their workplaces out into dark and deserted corners of town only increases risk to them. This is also true of customers who can find themselves on the wrong side of the proprietors. I am curious about the inclusion of "deprived areas" on this list. Is it because we fear that underprivileged women are more vulnerable to exploitation? (they are) or that poor, less-educated men are more likely to abuse the women around them? (we like to think they are but there is no suitable data on this because those with resources tend not to get reported). Are we worried that people on low incomes will spend their money in these venues and thereby remain poor? Do we just not like to think of the poor having sexual urges? For me, the most important point here is the effect of the sex industry on impressionable children who don't have much of a benchmark for what "success" is; we all know the story of the poor girl in hand-me-downs and an absent father who saw a crowd welcome a stripper like she was a princess; we see girls in our high schools every day who don't understand how to earn approval without making themselves available. But that phenomenon happens to girls from households which aren't deprived too.

I personally feel that a sexual entertainment venue should not exist anywhere. However as previouly stated I would prefer that such a venue was controlled properly rather than 'underground'. But I cannot think of a suitable location, sorry.

It depends on how discrete they are and exactly where they are proposed. As your policy states, it should be considered individually on merit and impact

Question 9

We are not proposing to set a limit on the numbers or locality of sex shops and sex cinemas, but will deal with each application on a case-by-case basis. To what extent do you agree with this proposal?
Answer Options		Response Percent	Response Count
Strongly agree		31.4%	11
Tend to agree		28.6%	10
Neither agree nor disagree		5.7%	2
Tend to disagree		2.9%	1
Strongly disagree		34.3%	12
answered question 35
skipped question 12

Question 10

Do you think the application section of the draft Licensing of Sex Establishments Policy provides adequate information and guidance on the application process?
Answer Options		Response Response Percent Count
Yes		61.8%		21
No		20.6%		7
Don't know		17.6%		6
Comments				6
answered question 34
skipped question 13

In connection question 9 - A false statement is made in stating that there are no sex shops in the borough. Ann Summers must surely qualify as sex shop, retailing of sexually explicit paraphernalia, literature and clothing?

In connection question 9 - A false statement is made in stating that there are no sex shops in the borough. Ann Summers must surely qualify as sex shop, retailing of sexually explicit paraphernalia, literature and clothing?

In connection with Q9 - A false statement is made in stating that there are no sex shops in the borough. Ann Summers must surely qualify as sex shop, retailing of sexually explicit paraphernalia, literature and clothing?

- In connection question 9 - A false statement is made in stating that there are no sex shops in the borough. Ann Summers must surely qualify as sex shop, retailing of sexually explicit paraphernalia, literature and clothing?

There is no mention in the section about how GBC will require the applicants to prove that they are complying with both Equalities legislation (Equality Act 2010) and safeguarding legislation

Because this consultation document doesn't follow the Policy in a logical way, it's very hard to find the place in the Policy to which this question relates. 6.12/13 advises about objections to applications but says you have to go elsewhere to do this. While this is clear, it's not helpful to separate this information from the Policy. It should be part of it.

Question 11

Do you think the enforcement section of the draft Licensing of Sex Establishments Policy provides adequate information?
Answer Options		Response Response Percent Count
Yes		65.7% 23
No		17.1% 6
Don't know		17.1% 6
Comments			2
answered question 35
skipped question 12

Because this consultation document doesn't follow the Policy in a logical way, it's very hard to find the place in the Policy to which this question relates. But once located it's clear.

Too vague, not specific enough

Question 12

A list of standard conditions for sexual entertainment venues, sex cinemas and sex shops have been included in Appendix 1 of the draft policy. Do you think it is useful to have this information provided?
Answer Options		Response Response Percent Count
Yes		88.2% 30
No		2.9% 1
Don't know		8.8% 3
Comments			3
answered question 34
skipped question 13

as we do not want these sexual entertainment venues, this should not be needed. It will be degrading to this town if such establishments are allowed.

Of course.

Above you say that we have no sex shops in the Borough. What about Anne Summers in The Friary shopping centre? I am not saying that it should not be there but it certainly has sexual conitations.

Question 13

Do you think any of the conditions should be amended or deleted?
Answer Options	Response Percent	Response Count
Yes (please explain which ones and why in the Comments box)	30.3%	10
No	39.4%	13
Don't know	30.3%	10
Comments		13
answered question		33
skipped question		14

all safeguards should be put in place to prevent such establishments in Guildford and surrounding areas.

# – General. It is a pointless waste of resource and money to the operating company and the council to require an application process for renewal each year. This should be operated and managed, as with all others licenses operated by this licensing authority, that the licence permission continues in perpetuity or at least to a minimum of 5 years with a requirement to pay an annual licence fee on a set date. If there are concerns to the premise, subject of the licence, then there are review regulations that can be enacted to address all and any aspects of an existing licence. Local and national government policy is to promote less beurocracy with a light touch licensing regime. Please amend the condition. – Not sure that approval is a necessary term to give consideration to an operating code of practise for lap dancers and the patrons of an entertainment venue. I do support that a Code of Practice should be submitted and a risk assessment carried out and provided to the responsible authorities as a reference document in support of the considerable licensing regulation and requirements. – Clearly displayed is reasonable, at each table is excessive as it is without doubt the nature of hospitality that menus and displays are moved or removed and therefore cannot be assured at each table at all times. – This condition is covered by other statutory regulation, it is excessive and prohibitive as worded. You will be aware that many of the staff in the leisure entertainment industry are on 0 hour contracts and semi-skilled. In context of a Sex Venue licence and application to require all staff to have a training record available upon request is unachievable. Entertainment venues have bus boys, waitresses, bar staff, cloak room attendance, disk jockeys, lighting jockeys, kitchen porters, cooks, receptionists – the list is endless. Even British Airways would have a problem providing this information upon request. – This proposed condition is highly prejudicial and begs the question – who at the council will be determining a highly subjective consideration of a name of a premise. This would be covered by planning regulation, and I believe will impede ones human rights under the freedom of expression and other protocols. – It is my understanding that a Sex Venue licence is an addition to an existing premises licence. Therefore, the hours of operation should follow those of the premises granted. – The identification of booths and VIP areas is a presumption to the interior organisation and decoration of premises as there may not be booths or VIP areas, which is the case in most premises throughout the UK and other. I am happy to provide reference or information. The areas that

dancing will take place are normally identified on the licensing plan. – ‘Relevant entertainment’ is unclear as entertainment venues will have many different types of entertainment, such as; singers, magicians, comedians etc. – Again, the wording of this condition is prejudicial to the principle of dance by dancers and should be reviewed, possibly with the inclusion of ‘in a lewd or inappropriate manner’. – This condition is again not well worded as it does not identify contact during the course of a dance or thereafter, in making payment. Dance performers do socialise in a normal fashion with customers, fully clothed and therefore an absolute prohibition against contact is inappropriate. This condition needs to be reviewed and reworded. – ‘any performance’ is an inappropriate reference for an entertainment venue in order to restrict the entertainment to dancing and the removal of clothes. As previously mentioned, any venue would without doubt, provide shows and entertainment other than of a sexual nature such as; comedians, singers, magicians, ventriloquists, etc. 17 & 18 – ‘Conditions should not duplicate other statutory requirements and should be proportionate, justifiable and be capable of being met’ AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 2003. The appearance of the premises is approved by the council through the planning requirement and legislation. 20 & 21 - ‘Conditions should not duplicate other statutory requirements and should be proportionate, justifiable and be capable of being met’ AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 2003. 22 & 23 – Inappropriate condition. An operation of an entertainment venue is a lawful, commercial activity which should not be impeded, restricting the freedom to express, promote and advertise in a proper and professional way. 24 & 25 - ‘Conditions should not duplicate other statutory requirements and should be proportionate, justifiable and be capable of being met’ AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 2003. The premises are controlled by building control regulation and many other statutory health and safety requirements. It appears that these conditions are being written specifically in connection with the premises known as The Casino Nightclub and Players Lounge. Hence the ‘identification of adjoining and adjacent premises’ this is extremely prejudicial, in context of the subject being proposed and considered. 26 & 27 - ‘Conditions should not duplicate other statutory requirements and should be proportionate, justifiable and be capable of being met’ AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 2003. This condition replicates statutory regulation pertaining to the responsibilities of the designated premises supervisor. Therefore leads to confusion. – This condition is inappropriate in context of the licence being applied for as a corporate structure of large companies with multiple premises, Mitchells and Butlers, Luminar and many other companies would not normally be required to notify a licensing department of their change of personnel. To require it of a smaller entity would be highly prejudicial. & 30 - ‘Conditions should not duplicate other statutory requirements and should be proportionate, justifiable and be capable of being met’ AMENDED GUIDANCE ISSUED UNDER

SECTION 182 OF THE LICENSING ACT 2003. The corporate structure and business considerations of a company are governed by statutory regulation and should not be considered as a condition to the day to day operation of an entertainment venue providing sexual entertainment. 31 – This condition is oppressive and not practical. If members of the public are required to attend offices in case of distress or other, or by invitation of the management or for whatever reason, the premises has been seen fit to be licensed as a premises. Therefore, this condition is inappropriate. – Challenge 21 is an appropriate age verification policy, 3 years beyond the age of maturity. Challenge 25 is excessive and prejudicial to the general public. – This condition, I believe, is unlawful as the licence holder may well be a company that will have multiple units and will conduct maintenance and other activities outside the realm of sexual entertainment. Therefore to require the non-employment of any person under the age of 18 in any capacity, we say is unlawful. 35, 36, 37 & 38 – It is not possible for CCTV to cover all areas. A proposed condition should be achievable and reasonable in its requirement, without impacting on aspects of human rights to privacy in a social entertainment environment. 39 – It is the responsibilities of the venue operator to risk assess the leisure and operating criteria for the operation of the premises. It is wrong that Surrey Police or the licensing authority require staff to be in attendance in the absence of identifiable concern – staff welfare. - ‘Conditions should not duplicate other statutory requirements and should be proportionate, justifiable and be capable of being met’ AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 2003. This proposed condition, I believe is unlawful, in context of Human Rights and law in that any offence spent should not prejudice a person’s right to work. I think that this proposal, as made, is completely inappropriate in context of the licence application and the requirements thereof. – A - Sex Entertainment licence is posted on the building and readily available. – What crime to what authority? – This will be posted at the entrance to the premises. – – I have never heard of lap dancer’s personal liability insurance, even if it exists. – In context of these proposed requirements, I am starting to question the authors understanding of the Sex Venue Entertainment Licence, which would be applied for on behalf of a person or a company in order to provide entertainment and employment. Generating tax income for the exchequer and the greater good of all. Maybe the author could identify if such a union or trade organisation for lap dancers or sex workers exist. If not, why not? – This condition is inappropriate in context of 42 as this will have had to have been given to each person in the first. & 45 – There is a presumption to booths and VIP areas which is inappropriate as a condition as

they may not exist or be identified as a booth or VIP area? 46 – This condition is inappropriate in context of transitioning from stage or private dance and identifies a lack of understanding to the operation of a licensed Sex Entertainment Venue. – Again, a complete lack of understanding of how a venue is operated and the conditions being proposed. There is a requirement that patrons and dancers are supervised at all times. Therefore, requiring panic alarms that may be activated alarms that may be activated by anybody would create panic in the first and there is again a presumption of booths and VIP performance areas, that is just not how these premises are arranged. – I believe it is inappropriate and probably unlawful to make requirements beyond the identified area of the licensed premises, dictating the transportation requirements of customers. The identification of a hummer, I believe is specific and prejudicial to an existing operator who has the use of a personal vehicle of a hummer, against a descriptive, identifying forms of conveyance ‘Limousines, Hummers, mini buses, rickshaws, bicycles and novelty vehicles’. – I believe this condition is contrary to licensing regulation and law. In that, once a licence is granted, it should continue and be renewed as made. Should there be a will by the licensing authority or others to modify a licence, this should be done through a proper process of application and consideration, taking away the ability for delegated authority to be misused. Ensuring fairness for the business and licence holder in the operation of their business, to which a fee has been charged and is payable.

determining a highly subjective consideration of a name of a premise. This would be covered by planning regulation, and I believe will impede ones human rights under the freedom of expression and other protocols. – It is my understanding that a Sex Venue licence is an addition to an existing premises licence. Therefore, the hours of operation should follow those of the premises granted. – The identification of booths and VIP areas is a presumption to the interior organisation and decoration of premises as there may not be booths or VIP areas, which is the case in most premises throughout the UK and other. I am happy to provide reference or information. The areas that dancing will take place are normally identified on the licensing plan. – ‘Relevant entertainment’ is unclear as entertainment venues will have many different types of entertainment, such as; singers, magicians, comedians etc. – Again, the wording of this condition is prejudicial to the principle of dance by dancers and should be reviewed, possibly with the inclusion of ‘in a lewd or inappropriate manner’. – This condition is again not well worded as it does not identify contact during the course of a dance or thereafter, in making payment. Dance performers do socialise in a normal fashion with customers, fully clothed and therefore an absolute prohibition against contact is inappropriate. This condition needs to be reviewed and reworded. – ‘any performance’ is an inappropriate reference for an entertainment venue in order to restrict the entertainment to dancing and the removal of clothes. As previously mentioned, any venue would without doubt, provide shows and entertainment other than of a sexual nature such as; comedians, singers, magicians, ventriloquists, etc.

17 & 18 – ‘Conditions should not duplicate other statutory requirements and should be proportionate, justifiable and be capable of being met’ AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 2003. The appearance of the premises is approved by the council through the planning requirement and legislation. 20 & 21 - ‘Conditions should not duplicate other statutory requirements and should be proportionate, justifiable and be capable of being met’ AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 2003. 22 & 23 – Inappropriate condition. An operation of an entertainment venue is a lawful, commercial activity which should not be impeded, restricting the freedom to express, promote and advertise in a proper and professional way. 24 & 25 - ‘Conditions should not duplicate other statutory requirements and should be proportionate, justifiable and be capable of being met’ AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 2003. The premises are controlled by building control regulation and many other statutory health and safety requirements. It appears that these conditions are being written specifically in connection with the premises known as The Casino Nightclub and Players Lounge. Hence the ‘identification of adjoining and adjacent premises’ this is extremely prejudicial, in context of the subject being proposed and considered. 26 & 27 - ‘Conditions should not duplicate other statutory requirements and should be proportionate, justifiable and be capable of being met’ AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 2003. This condition replicates statutory regulation pertaining to the responsibilities of the designated premises supervisor. Therefore leads to confusion. – This condition is inappropriate in context of the licence being applied for as a corporate structure of large companies with multiple premises, Mitchells and Butlers, Luminar and many other companies would not normally be required to notify a licensing department of their change of personnel. To require it of a smaller entity would be highly prejudicial. & 30 - ‘Conditions should not duplicate other statutory requirements and should be proportionate, justifiable and be capable of being met’ AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 2003. The corporate structure and business considerations of a company are governed by statutory regulation and should not be considered as a condition to the day to day operation of an entertainment venue providing sexual entertainment. 31 – This condition is oppressive and not practical. If members of the public are required to attend offices in case of distress or other, or by invitation of the management or for whatever reason, the premises has been seen fit to be licensed as a premises. Therefore, this condition is inappropriate. – Challenge 21 is an appropriate age verification policy, 3 years beyond the age of maturity. Challenge 25 is excessive and prejudicial to the general public. – This condition, I believe, is unlawful as the licence holder may well be a company that will have multiple units and will conduct maintenance and other activities outside the realm of sexual entertainment. Therefore to require the non-employment of any person under the age of 18 in any capacity, we say is unlawful. 35, 36, 37 & 38 – It is not possible for CCTV to cover all areas. A proposed condition should be achievable and reasonable in its requirement, without impacting on aspects of human rights to

privacy in a social entertainment environment. 39 – It is the responsibilities of the venue operator to risk assess the leisure and operating criteria for the operation of the premises. It is wrong that Surrey Police or the licensing authority require staff to be in attendance in the absence of identifiable concern – staff welfare. - ‘Conditions should not duplicate other statutory requirements and should be proportionate, justifiable and be capable of being met’ AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 2003. This proposed condition, I believe is unlawful, in context of Human Rights and law in that any offence spent should not prejudice a person’s right to work. I think that this proposal, as made, is completely inappropriate in context of the licence application and the requirements thereof. – A - Sex Entertainment licence is posted on the building and readily available. – What crime to what authority? – This will be posted at the entrance to the premises. – – I have never heard of lap dancer’s personal liability insurance, even if it exists. – In context of these proposed requirements, I am starting to question the authors understanding of the Sex Venue Entertainment Licence, which would be applied for on behalf of a person or a company in order to provide entertainment and employment. Generating tax income for the exchequer and the greater good of all. Maybe the author could identify if such a union or trade organisation for lap dancers or sex workers exist. If not, why not? – This condition is inappropriate in context of 42 as this will have had to have been given to each person in the first. & 45 – There is a presumption to booths and VIP areas which is inappropriate as a condition as they may not exist or be identified as a booth or VIP area? 46 – This condition is inappropriate in context of transitioning from stage or private dance and identifies a lack of understanding to the operation of a licensed Sex Entertainment Venue. – Again, a complete lack of understanding of how a venue is operated and the conditions being proposed. There is a requirement that patrons and dancers are supervised at all times. Therefore, requiring panic alarms that may be activated alarms that may be activated by anybody would create panic in the first and there is again a presumption of booths and VIP performance areas, that is just not how these premises are arranged. – I believe it is inappropriate and probably unlawful to make requirements beyond the identified area of the licensed premises, dictating the transportation requirements of customers. The identification of a hummer, I believe is specific and prejudicial to an existing operator who has the use of a personal vehicle of a hummer, against a descriptive, identifying forms of conveyance ‘Limousines, Hummers, mini buses, rickshaws, bicycles and novelty vehicles’. – I believe this condition is contrary to licensing regulation and law. In that, once a licence is

granted, it should continue and be renewed as made. Should there be a will by the licensing authority or others to modify a licence, this should be done through a proper process of application and consideration, taking away the ability for delegated authority to be misused. Ensuring fairness for the business and licence holder in the operation of their business, to which a fee has been charged and is payable.

# – General. It is a pointless waste of resource and money to the operating company and the council to require an application process for renewal each year. This should be operated and managed, as with all others licenses operated by this licensing authority, that the licence permission continues in perpetuity or at least to a minimum of 5 years with a requirement to pay an annual licence fee on a set date. If there are concerns to the premise, subject of the licence, then there are review regulations that can be enacted to address all and any aspects of an existing licence. Local and national government policy is to promote less beurocracy with a light touch licensing regime. Please amend the condition. – Not sure that approval is a necessary term to give consideration to an operating code of practise for lap dancers and the patrons of an entertainment venue. I do support that a Code of Practice should be submitted and a risk assessment carried out and provided to the responsible authorities as a reference document in support of the considerable licensing regulation and requirements. – Clearly displayed is reasonable, at each table is excessive as it is without doubt the nature of hospitality that menus and displays are moved or removed and therefore cannot be assured at each table at all times. – This condition is covered by other statutory regulation, it is excessive and prohibitive as worded. You will be aware that many of the staff in the leisure entertainment industry are on 0 hour contracts and semi-skilled. In context of a Sex Venue licence and application to require all staff to have a training record available upon request is unachievable. Entertainment venues have bus boys, waitresses, bar staff, cloak room attendance, disk jockeys, lighting jockeys, kitchen porters, cooks, receptionists – the list is endless. Even British Airways would have a problem providing this information upon request. – This proposed condition is highly prejudicial and begs the question – who at the council will be determining a highly subjective consideration of a name of a premise. This would be covered by planning regulation, and I believe will impede ones human rights under the freedom of expression and other protocols. – It is my understanding that a Sex Venue licence is an addition to an existing premises licence. Therefore, the hours of operation should follow those of the premises granted. – The identification of booths and VIP areas is a presumption to the interior organisation and decoration of premises as there may not be booths or VIP areas, which is the case in most premises throughout the UK and other. I am happy to provide reference or information. The areas that dancing will take place are normally identified on the licensing plan. – ‘Relevant entertainment’ is unclear as entertainment venues will have many different types of entertainment, such as; singers, magicians, comedians etc. – Again, the wording of this condition is prejudicial to the principle of dance by dancers and should be reviewed, possibly with the inclusion of ‘in a lewd or inappropriate manner’. – This condition is again not well worded as it does not identify contact during the course of a

dance or thereafter, in making payment. Dance performers do socialise in a normal fashion with customers, fully clothed and therefore an absolute prohibition against contact is inappropriate. This condition needs to be reviewed and reworded. 13 – ‘any performance’ is an inappropriate reference for an entertainment venue in order to restrict the entertainment to dancing and the removal of clothes. As previously mentioned, any venue would without doubt, provide shows and entertainment other than of a sexual nature such as; comedians, singers, magicians, ventriloquists, etc. 17 & 18 – ‘Conditions should not duplicate other statutory requirements and should be proportionate, justifiable and be capable of being met’ AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 2003. The appearance of the premises is approved by the council through the planning requirement and legislation. 20 & 21 - ‘Conditions should not duplicate other statutory requirements and should be proportionate, justifiable and be capable of being met’ AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 2003. 22 & 23 – Inappropriate condition. An operation of an entertainment venue is a lawful, commercial activity which should not be impeded, restricting the freedom to express, promote and advertise in a proper and professional way. 24 & 25 - ‘Conditions should not duplicate other statutory requirements and should be proportionate, justifiable and be capable of being met’ AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 2003. The premises are controlled by building control regulation and many other statutory health and safety requirements. It appears that these conditions are being written specifically in connection with the premises known as The Casino Nightclub and Players Lounge. Hence the ‘identification of adjoining and adjacent premises’ this is extremely prejudicial, in context of the subject being proposed and considered. 26 & 27 - ‘Conditions should not duplicate other statutory requirements and should be proportionate, justifiable and be capable of being met’ AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 2003. This condition replicates statutory regulation pertaining to the responsibilities of the designated premises supervisor. Therefore leads to confusion. – This condition is inappropriate in context of the licence being applied for as a corporate structure of large companies with multiple premises, Mitchells and Butlers, Luminar and many other companies would not normally be required to notify a licensing department of their change of personnel. To require it of a smaller entity would be highly prejudicial. & 30 - ‘Conditions should not duplicate other statutory requirements and should be proportionate, justifiable and be capable of being met’ AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 2003. The corporate structure and business considerations of a company are governed by statutory regulation and should not be considered as a condition to the day to day operation of an entertainment venue providing sexual entertainment. 31 – This condition is oppressive and not practical. If members of the public are required to attend offices in case of distress or other, or by invitation of the management or for whatever reason, the premises has been seen fit to be licensed as a premises. Therefore, this condition is inappropriate. 33 – Challenge 21 is an appropriate age verification policy, 3 years beyond the age of maturity.

Challenge 25 is excessive and prejudicial to the general public. 34 – This condition, I believe, is unlawful as the licence holder may well be a company that will have multiple units and will conduct maintenance and other activities outside the realm of sexual entertainment. Therefore to require the non-employment of any person under the age of 18 in any capacity, we say is unlawful. 35, 36, 37 & 38 – It is not possible for CCTV to cover all areas. A proposed condition should be achievable and reasonable in its requirement, without impacting on aspects of human rights to privacy in a social entertainment environment. 39 – It is the responsibilities of the venue operator to risk assess the leisure and operating criteria for the operation of the premises. It is wrong that Surrey Police or the licensing authority require staff to be in attendance in the absence of identifiable concern – staff welfare. - ‘Conditions should not duplicate other statutory requirements and should be proportionate, justifiable and be capable of being met’ AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 2003. This proposed condition, I believe is unlawful, in context of Human Rights and law in that any offence spent should not prejudice a person’s right to work. I think that this proposal, as made, is completely inappropriate in context of the licence application and the requirements thereof. – A - Sex Entertainment licence is posted on the building and readily available. – What crime to what authority? – This will be posted at the entrance to the premises. – – I have never heard of lap dancer’s personal liability insurance, even if it exists. – In context of these proposed requirements, I am starting to question the authors understanding of the Sex Venue Entertainment Licence, which would be applied for on behalf of a person or a company in order to provide entertainment and employment. Generating tax income for the exchequer and the greater good of all. Maybe the author could identify if such a union or trade organisation for lap dancers or sex workers exist. If not, why not? – This condition is inappropriate in context of 42 as this will have had to have been given to each person in the first. & 45 – There is a presumption to booths and VIP areas which is inappropriate as a condition as they may not exist or be identified as a booth or VIP area? 46 – This condition is inappropriate in context of transitioning from stage or private dance and identifies a lack of understanding to the operation of a licensed Sex Entertainment Venue. 49 – Again, a complete lack of understanding of how a venue is operated and the conditions being proposed. There is a requirement that patrons and dancers are supervised at all times. Therefore, requiring panic alarms that may be activated alarms that may be activated by anybody would create panic in the first and there is again a presumption of booths and VIP performance areas, that is just

not how these premises are arranged. – I believe it is inappropriate and probably unlawful to make requirements beyond the identified area of the licensed premises, dictating the transportation requirements of customers. The identification of a hummer, I believe is specific and prejudicial to an existing operator who has the use of a personal vehicle of a hummer, against a descriptive, identifying forms of conveyance ‘Limousines, Hummers, mini buses, rickshaws, bicycles and novelty vehicles’. – I believe this condition is contrary to licensing regulation and law. In that, once a licence is granted, it should continue and be renewed as made. Should there be a will by the licensing authority or others to modify a licence, this should be done through a proper process of application and consideration, taking away the ability for delegated authority to be misused. Ensuring fairness for the business and licence holder in the operation of their business, to which a fee has been charged and is payable.

# – General. It is a pointless waste of resource and money to the operating company and the council to require an application process for renewal each year. This should be operated and managed, as with all others licenses operated by this licensing authority, that the licence permission continues in perpetuity or at least to a minimum of 5 years with a requirement to pay an annual licence fee on a set date. If there are concerns to the premise, subject of the licence, then there are review regulations that can be enacted to address all and any aspects of an existing licence. Local and national government policy is to promote less beurocracy with a light touch licensing regime. Please amend the condition. – Not sure that approval is a necessary term to give consideration to an operating code of practise for lap dancers and the patrons of an entertainment venue. I do support that a Code of Practice should be submitted and a risk assessment carried out and provided to the responsible authorities as a reference document in support of the considerable licensing regulation and requirements. – Clearly displayed is reasonable, at each table is excessive as it is without doubt the nature of hospitality that menus and displays are moved or removed and therefore cannot be assured at each table at all times. – This condition is covered by other statutory regulation, it is excessive and prohibitive as worded. You will be aware that many of the staff in the leisure entertainment industry are on 0 hour contracts and semi-skilled. In context of a Sex Venue licence and application to require all staff to have a training record available upon request is unachievable. Entertainment venues have bus boys, waitresses, bar staff, cloak room attendance, disk jockeys, lighting jockeys, kitchen porters, cooks, receptionists – the list is endless. Even British Airways would have a problem providing this information upon request. – This proposed condition is highly prejudicial and begs the question – who at the council will be determining a highly subjective consideration of a name of a premise. This would be covered by planning regulation, and I believe will impede ones human rights under the freedom of expression and other protocols. – It is my understanding that a Sex Venue licence is an addition to an existing premises licence. Therefore, the hours of operation should follow those of the premises granted. – The identification of booths and VIP areas is a presumption to the interior organisation and decoration of premises as there may not be booths or VIP areas, which is the case in most premises throughout the UK and other. I am happy to provide reference or information. The areas that

dancing will take place are normally identified on the licensing plan. – ‘Relevant entertainment’ is unclear as entertainment venues will have many different types of entertainment, such as; singers, magicians, comedians etc. – Again, the wording of this condition is prejudicial to the principle of dance by dancers and should be reviewed, possibly with the inclusion of ‘in a lewd or inappropriate manner’. – This condition is again not well worded as it does not identify contact during the course of a dance or thereafter, in making payment. Dance performers do socialise in a normal fashion with customers, fully clothed and therefore an absolute prohibition against contact is inappropriate. This condition needs to be reviewed and reworded. – ‘any performance’ is an inappropriate reference for an entertainment venue in order to restrict the entertainment to dancing and the removal of clothes. As previously mentioned, any venue would without doubt, provide shows and entertainment other than of a sexual nature such as; comedians, singers, magicians, ventriloquists, etc. 17 & 18 – ‘Conditions should not duplicate other statutory requirements and should be proportionate, justifiable and be capable of being met’ AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 2003. The appearance of the premises is approved by the council through the planning requirement and legislation. 20 & 21 - ‘Conditions should not duplicate other statutory requirements and should be proportionate, justifiable and be capable of being met’ AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 2003. 22 & 23 – Inappropriate condition. An operation of an entertainment venue is a lawful, commercial activity which should not be impeded, restricting the freedom to express, promote and advertise in a proper and professional way. 24 & 25 - ‘Conditions should not duplicate other statutory requirements and should be proportionate, justifiable and be capable of being met’ AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 2003. The premises are controlled by building control regulation and many other statutory health and safety requirements. It appears that these conditions are being written specifically in connection with the premises known as The Casino Nightclub and Players Lounge. Hence the ‘identification of adjoining and adjacent premises’ this is extremely prejudicial, in context of the subject being proposed and considered. 26 & 27 - ‘Conditions should not duplicate other statutory requirements and should be proportionate, justifiable and be capable of being met’ AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 2003. This condition replicates statutory regulation pertaining to the responsibilities of the designated premises supervisor. Therefore leads to confusion. – This condition is inappropriate in context of the licence being applied for as a corporate structure of large companies with multiple premises, Mitchells and Butlers, Luminar and many other companies would not normally be required to notify a licensing department of their change of personnel. To require it of a smaller entity would be highly prejudicial. & 30 - ‘Conditions should not duplicate other statutory requirements and should be proportionate, justifiable and be capable of being met’ AMENDED GUIDANCE ISSUED UNDER

SECTION 182 OF THE LICENSING ACT 2003. The corporate structure and business considerations of a company are governed by statutory regulation and should not be considered as a condition to the day to day operation of an entertainment venue providing sexual entertainment. 31 – This condition is oppressive and not practical. If members of the public are required to attend offices in case of distress or other, or by invitation of the management or for whatever reason, the premises has been seen fit to be licensed as a premises. Therefore, this condition is inappropriate. – Challenge 21 is an appropriate age verification policy, 3 years beyond the age of maturity. Challenge 25 is excessive and prejudicial to the general public. – This condition, I believe, is unlawful as the licence holder may well be a company that will have multiple units and will conduct maintenance and other activities outside the realm of sexual entertainment. Therefore to require the non-employment of any person under the age of 18 in any capacity, we say is unlawful. 35, 36, 37 & 38 – It is not possible for CCTV to cover all areas. A proposed condition should be achievable and reasonable in its requirement, without impacting on aspects of human rights to privacy in a social entertainment environment. 39 – It is the responsibilities of the venue operator to risk assess the leisure and operating criteria for the operation of the premises. It is wrong that Surrey Police or the licensing authority require staff to be in attendance in the absence of identifiable concern – staff welfare. - ‘Conditions should not duplicate other statutory requirements and should be proportionate, justifiable and be capable of being met’ AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 2003. This proposed condition, I believe is unlawful, in context of Human Rights and law in that any offence spent should not prejudice a person’s right to work. I think that this proposal, as made, is completely inappropriate in context of the licence application and the requirements thereof. – A - Sex Entertainment licence is posted on the building and readily available. – What crime to what authority? – This will be posted at the entrance to the premises. – – I have never heard of lap dancer’s personal liability insurance, even if it exists. – In context of these proposed requirements, I am starting to question the authors understanding of the Sex Venue Entertainment Licence, which would be applied for on behalf of a person or a company in order to provide entertainment and employment. Generating tax income for the exchequer and the greater good of all. Maybe the author could identify if such a union or trade organisation for lap dancers or sex workers exist. If not, why not? – This condition is inappropriate in context of 42 as this will have had to have been given to each person in the first. & 45 – There is a presumption to booths and VIP areas which is inappropriate as a condition as

they may not exist or be identified as a booth or VIP area? 46 – This condition is inappropriate in context of transitioning from stage or private dance and identifies a lack of understanding to the operation of a licensed Sex Entertainment Venue. – Again, a complete lack of understanding of how a venue is operated and the conditions being proposed. There is a requirement that patrons and dancers are supervised at all times. Therefore, requiring panic alarms that may be activated alarms that may be activated by anybody would create panic in the first and there is again a presumption of booths and VIP performance areas, that is just not how these premises are arranged. – I believe it is inappropriate and probably unlawful to make requirements beyond the identified area of the licensed premises, dictating the transportation requirements of customers. The identification of a hummer, I believe is specific and prejudicial to an existing operator who has the use of a personal vehicle of a hummer, against a descriptive, identifying forms of conveyance ‘Limousines, Hummers, mini buses, rickshaws, bicycles and novelty vehicles’. – I believe this condition is contrary to licensing regulation and law. In that, once a licence is granted, it should continue and be renewed as made. Should there be a will by the licensing authority or others to modify a licence, this should be done through a proper process of application and consideration, taking away the ability for delegated authority to be misused. Ensuring fairness for the business and licence holder in the operation of their business, to which a fee has been charged and is payable.

# – General. It is a pointless waste of resource and money to the operating company and the council to require an application process for renewal each year. This should be operated and managed, as with all others licenses operated by this licensing authority, that the licence permission continues in perpetuity or at least to a minimum of 5 years with a requirement to pay an annual licence fee on a set date. If there are concerns to the premise, subject of the licence, then there are review regulations that can be enacted to address all and any aspects of an existing licence. Local and national government policy is to promote less beurocracy with a light touch licensing regime. Please amend the condition. – Not sure that approval is a necessary term to give consideration to an operating code of practise for lap dancers and the patrons of an entertainment venue. I do support that a Code of Practice should be submitted and a risk assessment carried out and provided to the responsible authorities as a reference document in support of the considerable licensing regulation and requirements. – Clearly displayed is reasonable, at each table is excessive as it is without doubt the nature of hospitality that menus and displays are moved or removed and therefore cannot be assured at each table at all times. – This condition is covered by other statutory regulation, it is excessive and prohibitive as worded. You will be aware that many of the staff in the leisure entertainment industry are on 0 hour contracts and semi-skilled. In context of a Sex Venue licence and application to require all staff to have a training record available upon request is unachievable. Entertainment venues have bus boys, waitresses, bar staff, cloak room attendance, disk jockeys, lighting jockeys, kitchen porters, cooks, receptionists – the list is endless. Even British Airways would have a problem providing this information upon request. – This proposed condition is highly prejudicial and begs the question – who at the council will be determining a highly subjective consideration of a name of a premise. This would be covered by

planning regulation, and I believe will impede ones human rights under the freedom of expression and other protocols. – It is my understanding that a Sex Venue licence is an addition to an existing premises licence. Therefore, the hours of operation should follow those of the premises granted. – The identification of booths and VIP areas is a presumption to the interior organisation and decoration of premises as there may not be booths or VIP areas, which is the case in most premises throughout the UK and other. I am happy to provide reference or information. The areas that dancing will take place are normally identified on the licensing plan. – ‘Relevant entertainment’ is unclear as entertainment venues will have many different types of entertainment, such as; singers, magicians, comedians etc. – Again, the wording of this condition is prejudicial to the principle of dance by dancers and should be reviewed, possibly with the inclusion of ‘in a lewd or inappropriate manner’. – This condition is again not well worded as it does not identify contact during the course of a dance or thereafter, in making payment. Dance performers do socialise in a normal fashion with customers, fully clothed and therefore an absolute prohibition against contact is inappropriate. This condition needs to be reviewed and reworded. – ‘any performance’ is an inappropriate reference for an entertainment venue in order to restrict the entertainment to dancing and the removal of clothes. As previously mentioned, any venue would without doubt, provide shows and entertainment other than of a sexual nature such as; comedians, singers, magicians, ventriloquists, etc. 17 & 18 – ‘Conditions should not duplicate other statutory requirements and should be proportionate, justifiable and be capable of being met’ AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 2003. The appearance of the premises is approved by the council through the planning requirement and legislation. 20 & 21 - ‘Conditions should not duplicate other statutory requirements and should be proportionate, justifiable and be capable of being met’ AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 2003. 22 & 23 – Inappropriate condition. An operation of an entertainment venue is a lawful, commercial activity which should not be impeded, restricting the freedom to express, promote and advertise in a proper and professional way. 24 & 25 - ‘Conditions should not duplicate other statutory requirements and should be proportionate, justifiable and be capable of being met’ AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 2003. The premises are controlled by building control regulation and many other statutory health and safety requirements. It appears that these conditions are being written specifically in connection with the premises known as The Casino Nightclub and Players Lounge. Hence the ‘identification of adjoining and adjacent premises’ this is extremely prejudicial, in context of the subject being proposed and considered. 26 & 27 - ‘Conditions should not duplicate other statutory requirements and should be proportionate, justifiable and be capable of being met’ AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 2003. This condition replicates statutory regulation pertaining

to the responsibilities of the designated premises supervisor. Therefore leads to confusion. – This condition is inappropriate in context of the licence being applied for as a corporate structure of large companies with multiple premises, Mitchells and Butlers, Luminar and many other companies would not normally be required to notify a licensing department of their change of personnel. To require it of a smaller entity would be highly prejudicial. & 30 - ‘Conditions should not duplicate other statutory requirements and should be proportionate, justifiable and be capable of being met’ AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 2003. The corporate structure and business considerations of a company are governed by statutory regulation and should not be considered as a condition to the day to day operation of an entertainment venue providing sexual entertainment. 31 – This condition is oppressive and not practical. If members of the public are required to attend offices in case of distress or other, or by invitation of the management or for whatever reason, the premises has been seen fit to be licensed as a premises. Therefore, this condition is inappropriate. – Challenge 21 is an appropriate age verification policy, 3 years beyond the age of maturity. Challenge 25 is excessive and prejudicial to the general public. – This condition, I believe, is unlawful as the licence holder may well be a company that will have multiple units and will conduct maintenance and other activities outside the realm of sexual entertainment. Therefore to require the non-employment of any person under the age of 18 in any capacity, we say is unlawful. 35, 36, 37 & 38 – It is not possible for CCTV to cover all areas. A proposed condition should be achievable and reasonable in its requirement, without impacting on aspects of human rights to privacy in a social entertainment environment. 39 – It is the responsibilities of the venue operator to risk assess the leisure and operating criteria for the operation of the premises. It is wrong that Surrey Police or the licensing authority require staff to be in attendance in the absence of identifiable concern – staff welfare. - ‘Conditions should not duplicate other statutory requirements and should be proportionate, justifiable and be capable of being met’ AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 2003. This proposed condition, I believe is unlawful, in context of Human Rights and law in that any offence spent should not prejudice a person’s right to work. I think that this proposal, as made, is completely inappropriate in context of the licence application and the requirements thereof. – A - Sex Entertainment licence is posted on the building and readily available. – What crime to what authority? – This will be posted at the entrance to the premises. – – I have never heard of lap dancer’s personal liability insurance, even if it exists. – In context of these proposed requirements, I am starting to question the authors understanding

of the Sex Venue Entertainment Licence, which would be applied for on behalf of a person or a company in order to provide entertainment and employment. Generating tax income for the exchequer and the greater good of all. Maybe the author could identify if such a union or trade organisation for lap dancers or sex workers exist. If not, why not? – This condition is inappropriate in context of 42 as this will have had to have been given to each person in the first. & 45 – There is a presumption to booths and VIP areas which is inappropriate as a condition as they may not exist or be identified as a booth or VIP area? 46 – This condition is inappropriate in context of transitioning from stage or private dance and identifies a lack of understanding to the operation of a licensed Sex Entertainment Venue. – Again, a complete lack of understanding of how a venue is operated and the conditions being proposed. There is a requirement that patrons and dancers are supervised at all times. Therefore, requiring panic alarms that may be activated alarms that may be activated by anybody would create panic in the first and there is again a presumption of booths and VIP performance areas, that is just not how these premises are arranged. – I believe it is inappropriate and probably unlawful to make requirements beyond the identified area of the licensed premises, dictating the transportation requirements of customers. The identification of a hummer, I believe is specific and prejudicial to an existing operator who has the use of a personal vehicle of a hummer, against a descriptive, identifying forms of conveyance ‘Limousines, Hummers, mini buses, rickshaws, bicycles and novelty vehicles’. – I believe this condition is contrary to licensing regulation and law. In that, once a licence is granted, it should continue and be renewed as made. Should there be a will by the licensing authority or others to modify a licence, this should be done through a proper process of application and consideration, taking away the ability for delegated authority to be misused. Ensuring fairness for the business and licence holder in the operation of their business, to which a fee has been charged and is payable.

Conduct on premises 9 -15; points are dictatorial and should rather be assigned on a case-by-case basis, or not at all.

Appendix 6. - we believe that there should be a requirement that any change in name or ownership should be approved by GBC PRIOR to the venue continuing to trade with the new arrangement/name

The conditions assume an acceptance of the situation so it's hard to comment. 10 - it's impossible not to have 'audience participation', isn't it? This needs clarification. Do you mean no physical participation (so that watching or imagining participation are excluded)? As point 12 states that physical participation wouldn't be allowed, it seems to me (as a non-legal person) that 'audience participation ' needs clarification.

No flyers or advertisements should be permitted

Experience may show where amendments are needed.

delete 6.6 and add any criminal convictions are a disqualifier

Number of venues should be limited

Question 14

Do you think any additional conditions should be added?
Answer Options	Response Percent	Response Count
Yes (please explain which conditions and why in the Comments box)	11.8%	4
No	44.1%	15
Don't know	44.1%	15
Comments		7
answered question		34
skipped question		13

I would like to ask if how many of the general public have pressed for these venues.

I think all of the wording of the conditions should be reviewed in context of their appropriateness, conflicting with existing legislation and the requirement in licensing not to duplicate regulation in existence.

I think all of the wording of the conditions should be reviewed in context of their appropriateness, conflicting with existing legislation and the requirement in licensing not to duplicate regulation in existence.

How can I know? Only those who have used such places or worked in them can know what other conditions should be added. In which case although you can say you've asked the public, the only people who can comment on this question are those with experience, which limits the response.

No flyers or advertisements should be permitted

see above.

yes cctv code of practice

Question 15

Do you think it is useful to have a section on definitions in the draft policy?
Answer Options		Response Response Percent Count
Yes		88.2% 30
No		0.0% 0
Don't know		11.8% 4
Comments			5
answered question 34
skipped question 13

I consider much of the content and wording of these proposed conditions to be oppressive, badly worded and considered in context of the activities proposed to be licensed. Where statutory legislation and responsibility is covered in the first, proposing mandatory conditions is in itself wrong and unlawful. Entertainment venues providing an element of sexual interest should not be demonized, oppressed and prejudiced by unworkable and unachievable conditions and regulation. The regulation proposed should be based on a sound understanding of the subject, issues and concerns. I am most happy to assist in arriving at professional, well regulated, fit for purpose and appropriate licensing regulation for the benefit of the general public, employed staff operator. Much of the observation that I have made, carries over to the licensing of Sex Shops and cinemas also. In consideration of interpretation, the proposed licensing statement is wrong in its interpretation of DISPLAY OF NUDITY when it describes the exposure of nipples as being nude or nudity. The female chest, whether being exposed by way of a sheer see through dress, breast feeding a baby, or taking sun in a public area would not be deemed to be nude. I ask that exposure of nipples be removed as a qualification for nudity as inappropriate. Again, turning to the exposure of pubic area; this taken in context of a small g-string on a man, trousers of shorts worn or other covering garments worn in a modest fashion would not render a person nude for the exposure of the pubic area, well groomed (J). Turning to the meaning of ‘dancer’. To provide relevant entertainment is irrelevant, as a dancer is to provide or perform a dance for entertainment. ‘Licensee’ is not limited to the holder of a Sex Establishment Licence, but to a premises licence which may benefit from a specific Sex Entertainment Licence in support, thereof.

I consider much of the content and wording of these proposed conditions to be oppressive, badly worded and considered in context of the activities proposed to be licensed. Where statutory legislation and responsibility is covered in the first, proposing mandatory conditions is in itself wrong

and unlawful. Entertainment venues providing an element of sexual interest should not be demonized, oppressed and prejudiced by unworkable and unachievable conditions and regulation. The regulation proposed should be based on a sound understanding of the subject, issues and concerns. I am most happy to assist in arriving at professional, well regulated, fit for purpose and appropriate licensing regulation for the benefit of the general public, employed staff operator. Much of the observation that I have made, carries over to the licensing of Sex Shops and cinemas also. In consideration of interpretation, the proposed licensing statement is wrong in its interpretation of DISPLAY OF NUDITY when it describes the exposure of nipples as being nude or nudity. The female chest, whether being exposed by way of a sheer see through dress, breast feeding a baby, or taking sun in a public area would not be deemed to be nude. I ask that exposure of nipples be removed as a qualification for nudity as inappropriate. Again, turning to the exposure of pubic area; this taken in context of a small g-string on a man, trousers of shorts worn or other covering garments worn in a modest fashion would not render a person nude for the exposure of the pubic area, well groomed (J). Turning to the meaning of ‘dancer’. To provide relevant entertainment is irrelevant, as a dancer is to provide or perform a dance for entertainment. ‘Licensee’ is not limited to the holder of a Sex Establishment Licence, but to a premises licence which may benefit from a specific Sex Entertainment Licence in support, thereof.

Although do not think it is sufficient at the moment. ‘Licensee’ is not limited to the holder of a Sex Establishment Licence, but to a premises licence which may benefit from a specific Sex Entertainment Licence in support, thereof.

I consider much of the content and wording of these proposed conditions to be oppressive, badly worded and considered in context of the activities proposed to be licensed. Where statutory legislation and responsibility is covered in the first, proposing mandatory conditions is in itself wrong and unlawful. Entertainment venues providing an element of sexual interest should not be demonized, oppressed and prejudiced by unworkable and unachievable conditions and regulation. The regulation proposed should be based on a sound understanding of the subject, issues and concerns. I am most happy to assist in arriving at professional, well regulated, fit for purpose and appropriate licensing regulation for the benefit of the general public, employed staff operator. Much of the observation that I have made, carries over to the licensing of Sex Shops and cinemas also. In consideration of interpretation, the proposed licensing statement is wrong in its interpretation of DISPLAY OF NUDITY when it describes the exposure of nipples as being nude or nudity. The female chest, whether being exposed by way of a sheer see through dress, breast feeding a baby, or taking sun in a public area would not be deemed to be nude. I ask that exposure of nipples be removed as a qualification for nudity as inappropriate. Again, turning to the exposure of pubic area; this taken in context of a small g-string on a man, trousers of shorts worn or other covering garments worn in a modest fashion would not render a person nude for the exposure of the pubic area, well groomed (J). Turning to the meaning of ‘dancer’. To provide relevant entertainment is irrelevant, as a dancer is to provide or perform a dance for entertainment. ‘Licensee’ is not limited to the holder of a Sex Establishment Licence, but to a premises licence which may benefit from a specific Sex Entertainment Licence in support, thereof.

I consider much of the content and wording of these proposed conditions to be oppressive, badly worded and considered in context of the activities proposed to be licensed. Where statutory legislation and responsibility is covered in the first, proposing mandatory conditions is in itself wrong and unlawful. Entertainment venues providing an element of sexual interest should not be demonized, oppressed and prejudiced by unworkable and unachievable conditions and regulation.

The regulation proposed should be based on a sound understanding of the subject, issues and concerns. I am most happy to assist in arriving at professional, well regulated, fit for purpose and appropriate licensing regulation for the benefit of the general public, employed staff operator. Much of the observation that I have made, carries over to the licensing of Sex Shops and cinemas also. In consideration of interpretation, the proposed licensing statement is wrong in its interpretation of DISPLAY OF NUDITY when it describes the exposure of nipples as being nude or nudity. The female chest, whether being exposed by way of a sheer see through dress, breast feeding a baby, or taking sun in a public area would not be deemed to be nude. I ask that exposure of nipples be removed as a qualification for nudity as inappropriate. Again, turning to the exposure of pubic area; this taken in context of a small g-string on a man, trousers of shorts worn or other covering garments worn in a modest fashion would not render a person nude for the exposure of the pubic area, well groomed

(J).

Turning to the meaning of ‘dancer’. To provide relevant entertainment is irrelevant, as a dancer is to provide or perform a dance for entertainment.

Question 16

Do you have any further comments on our draft policy? If so, please add them in this Comments box.
Answer Options		Response Count
		15
answered question 15
skipped question 32

I think all of the wording of the conditions should be reviewed in context of their appropriateness, conflicting with existing legislation and the requirement in licensing not to duplicate regulation in existence.

I think all of the wording of the conditions should be reviewed in context of their appropriateness, conflicting with existing legislation and the requirement in licensing not to duplicate regulation in existence.

I wish to encourage the council to set a limit of 'nil' for such establishments in all or as many as possible localities - as it is entitled to do by law (see para 5.7).

Cinemas & shops should have same location criteria as SEV s, ie major town non-residential areas. I think these establishments have a place, in very small numbers. There will be moral campaigns to set nil limits. I would not agree.

There is no place for these establishments here. There is already enough trouble caused by the 'blind eye' policy applied to the dogging areas on the Hogs Back and Ockham as examples. People can do what they want in their own homes, not where they can distress other members of the public. Go to Soho.

REF: Question 9 Why not have a 'nil per locality' policy? If SEVs are"not in accordance with a culturally rich and diverse Borough" then surely neither are sex shops or sex cinemas.

While the Licenses may prohibit any significant physical activity or intercourse (which strays into the boundaries of prostitution which remains illegal from a procurement angle), SEVs have to realise that their activities result in an increase in promiscuity, infidelity and have public health (GUM/HIV) impacts, albeit indirectly. There needs to be a public health system run side-by-side with these Licenses, at the very least some engagement with local sexual health services (including the counselling services within those clinics) and possible some additional fee which goes towards

supporting the negative outcomes from such activities.

You have made it very hard for responders to find the particular place in the Policy relating to the question, which means that some people might give up looking for it. I had to save to my documents and use find so it needed a small level of IT use ability. And while it's possible to get a hard copy sent, that would then require the responder to trawl through the Policy to find the correct place. And while I understand the need for some of the things in the Policy, reading it has made me feel quite ill.

The presumption should be to refuse such licences

Above you say that we have no sex shops in the Borough. What about Anne Summers in The Friary shopping centre? I am not saying that it should not be there but it certainly has sexual conitations. Any introduction of these sorts of premises could encourage sexual offences in Borough and this is to be discouraged.

I would like to see a nil sev limit in Guildford - as stated above this is a predominantly family market town - if people want lapdancing and porn let them go up to London for it rather than it be pushed in our faces here.

It is a BAD idea - just stop it.

Guildford is not a suitable place for sex shops and sexual entertainment

Why waste time on something no-one wants and would only destroy the character of guildford. Haven't you done enough already ?

I personally do not think such establishments should be considered within 1000metres of any resedential (where people sleep) and the number of 'guests' should be limited to 50.

Question 17

Thank you for taking the time to complete the questionnaire. To allow us to monitor the effectiveness of this consultation and to evaluate the responses, please indicate if you are responding as, or on behalf of, the following (tick all that apply):
Answer Options		Responding as	Responding on behalf of	Response Count
Local resident (permanent)		26	1	26
Local resident (temporary)		0	0	0
Working in the Guildford borough area		9	0	9
Student		1	0	1
Visitor		2	0	2
Business		3	0	3
Trade association (please specify the name in Comments box)		0	0	0
Community group (please specify the name in Comments box)		3	0	3
Police		1	0	1
Fire and rescue service		0	0	0
Councillor		2	0	2
Other (please specify the name in Comments box)		0	0	0
Comments				5
answered question 34
skipped question 13

Guildford Park Church

Councillor Andrea Lightfoot, Effingham Parish Council

I do not feel that these sorts of premises are appropriate in a Town like Guildford. It is bad enough now walking into Guildford from the direction of the railway station on a Saturday or Sunday morning after the idots have been sick all over the footpaths without encouraging any further degredation of our town. Our elected representatives should show a respect for out Town and keep it to a high standard. These types of premise to nothing for our town and making any money for the Borough in this manner is degrading.

Clerk to Tongham Parish Council

Guildford Town Centre Chaplaincy - Street Angels

Question 18

Gender
Answer Options	Response Percent	Response Count
Male	54.8%	17
Female	48.4%	15
an	swered question	31
s	kipped question	16

Question 19

Age
Answer Options	Response Percent	Response Count
Under 18	0.0%	0
18-24	6.5%	2
25-44	22.6%	7
45-64	45.2%	14
Over 64	25.8%	8
an	swered question	31
s	kipped question	16

Question 20

Please add your details:
Answer Options	Response Percent	Response Count
Name:	90.9%	20
Company:	31.8%	7
Address 1:	90.9%	20
Address 2:	50.0%	11
City/Town:	86.4%	19
State/Province:	54.5%	12
ZIP/Postal Code:	90.9%	20
Country:	68.2%	15
Email Address:	68.2%	15
Phone Number:	63.6%	14
an	swered question	22
s	kipped question	25

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Licensing Committee Report

Report of Head of John Martin

Author: Justine Fuller

Tel: 01483 444370

Email: Justine.fuller@guildford.gov.uk

Lead Councillor responsible: Paul Spooner

Tel: 01252 341666

Email: paul.spooner@guildford.gov.uk

Date: 18 March 2015

Statement of Licensing Policy – Licensing Act 2003: draft policy

Executive Summary

The Licensing Act 2003 requires that the Council publish a ‘Statement of Licensing Policy’ setting out the policies the Council will generally apply to promote the licensing objectives when making decisions on applications under the Act.

The Council’s current Policy Statement came into force from 7 January 2011 and at the time the legislation required the Statement of Licensing Policy to be published every three years. Section 122 of the Police Reform and Social Responsibility Act 2011 changed this from every 3 years to 5 years.

This report provides members with information and guidance on a new Statement of Licensing Policy under the Licensing Act 2003 which requires approval for public consultation.

Recommendation to Licensing Committee

That the Licensing Committee approves the draft Statement of Licensing Policy 2016 – 2021 shown in Appendix 1 of this report for a period of 12 week public consultation.

Reasons for Recommendation:

To obtain the views of persons who live, work and visit the Borough and use those opinions to formulate the policy.

To enable the Council to make decisions for licensing premises applications with a current Statement of Licensing Policy.

1. Purpose of Report

1.1 The report informs the Committee of the work carried out to draft the Statement of Licensing Policy for consultation.

1.2 It asks the Committee to approve a public consultation on the draft policy, which is set out in Appendix 1.

2. Strategic Framework

2.1 The Statement of Licensing Policy will contribute to our fundamental themes and priorities as follows:

Economy – supporting businesses, growth and employment

Sustainability – safe borough

3. Background

3.1 The Council in its role as the Licensing Authority under the Licensing Act 2003 has a duty to prepare, and keep under review its Statement of Licensing Policy.

3.2 The policy sets out how the Licensing Authority seeks to promote the four licensing objectives during the licensing process.

3.3 The four Licensing objectives under the Act are:

• The prevention of crime and disorder
• Public safety
• Prevention of public nuisance
• Prevention of children from harm

1. 1. The current Statement of Licensing Policy, adopted by Council on 9 December 2010, took effect from 7 January 2011. At the time, the statutory maximum review period was three years. Section 122 of the Police Reform and Responsibility Act 2011 amended Section 5 of the Licensing Act 2003, and changed the period of time which a local authority should review their Statement of Licensing Policy from 3 years to 5 years.

1. 1. Following the above legislative changes a revised policy must be adopted no later than 7 January 2016 following a formal review.

4. Drafting the new policy

4.1 During November and December 2014, an engagement exercise with current licence holders on the effectiveness of the current Statement of Licensing Policy took place to assist with the drafting of the new policy.

4.2 We invited approximately 500 current licence holders to complete a web survey of which 44 responded. Overall the responses were positive and gave direction in drafting the new policy. The key feedback was:

Is the current policy clear an understandable?	Yes – 94.7%
Does the policy meet its objective of preventing crime and	Yes – 100%
disorder?
Does the policy meet it public safety objective?	Yes – 97.1%
Is the policy consistent with the licensing objective of prevention of public nuisance?	Yes – 84.6%
Is the policy consistent with the licensing objective of the protection of children from harm?	Yes – 97.2%
Is there anything within the current policy that you feel is unfair or unreasonable?	Yes – 25% No – 75%

4.3 We have also informally consulted all responsible authorities to seek their views on the effectiveness of the current Statement of Licensing Policy. In addition, the elements they would like retained or added to any redrafted policy.

4.3 Feedback from the engagement exercise and informal consultation has been valuable in drafting the policy. We have a better understanding of the positive elements of the existing policy and areas that require development.

5. Key changes of draft policy

5.1 The Statement of Licensing Policy has not significantly changed since 2003. It was therefore determined that a brand new document would be drafted rather than amending the existing policy. The policy aims to be a practical document to all its wide range of users (applicants, residents, responsible authorities and Councillors).

5.2 The revised policy aims to assist both applicants in making applications and those wishing to submit representations. Early and continued dialogue between applicants and responsible authorities is encouraged throughout the policy.

5.3 There is reference to sources of guidance and advice in the draft policy rather than including these in the body of the policy, so that links to guidance can be updated as appropriate without the policy becoming out of date.

5.4 The draft Statement of Licensing Policy reflects new and amended legislation and guidance. New sections on Fees and Charges (Section 8) and Administration and Delegation (Section 14) have been included in the draft policy. Whilst there have been no changes in law these subjects were considered appropriate topics to include.

Health Bodies as Responsible Authority

5.4 The Police Reform and Social Responsibility Act 2011 identified local health bodies as responsible authorities under the Licensing Act 2003.

5.5 Local Health bodies can make representations regarding concerns about the impact of new licensed premises on the local NHS or more generally the safety of the public within the night time economy. Accidents and incidents due to drunkenness are often traceable to individual premises and fall under the ‘Public Safety’ objective in the Licensing Act.

5.6 Section 5 of the draft policy details, introduces, and welcomes the role of local health bodies as a responsible authority.

Temporary Event Notices

5.7 Section 10 of the policy takes account of the changes to the temporary event notice regime, which includes the introduction of the late temporary event notice and environmental health now having the ability to object to temporary event notices.

Special Policy on Cumulative Impact

5.8 Guidance issued under section 182 of the Licensing Act 2003 states that the cumulative impact of licensed premises on the promotion of the licensing objectives is a proper matter for the Licensing Authority to consider in developing its Statement of Licensing Policy.

5.9 In the existing Statement of Licensing Policy, a Special Policy on Cumulative Impact was applied to the Bridge Street, Onslow Street and Bedford Road area of Guildford. At the time of adoption, the area was under stress because of the cumulative impact of the concentration of late night and drink led premises leading to problems of crime, disorder and/or nuisance.

5.10 There must be an evidential basis to include a Special Policy on Cumulative Impact within the Statement of Licensing Policy. In the drafting of the revised policy, evidence from the Police and other responsible authorities relating to alcohol related incidents of violence, disorder or other problems has not identified any specific areas which could currently be considered saturated within the Borough.

5.11 Year on year there has been a reduction in alcohol related crime due to the implementation of local initiatives, such as Operation Night Guard led by the Police. This is a scheme where the Council, Police and other statutory/voluntary bodies make additional resources available at peak times.

5.12 Contributory measures resulting in the reduction in alcohol related crime have include;

• More extensive and effective partnership working
• Operating Pubwatch
• Promotion of Best Bar None scheme  Successfully attaining the “Purple Flag” award
• Establishment of the Business Improvement District

1. 1. The area covered by the current Special Policy on Cumulative Impact has seen a reduction in the number of premises within it. A 650 capacity venue has closed and reopened as a supermarket plus another venue is currently not in use.

1. 1. The significant reduction in crime and disorder related to licensed premises means, we do not have an evidential basis to identify any area of the borough which raises specific concerns on crime, disorder or public nuisance, or that the risk factors are such that any area is reaching a point where saturation or cumulative impact is imminent. We have therefore not included a Special Policy on Cumulative Impact within this Statement of Licensing Policy.

1. 1. The absence of a Special Policy on Cumulative Impact does not prevent any responsible authority or any other person making representations on an application for the grant or variation of a licence because the premises will give rise to negative cumulative impact on one or more of the licensing objectives.

1. 1. There will be a regular review of the need for a Special Policy on Cumulative Impact in partnership with the police and other responsible authorities.

Early Morning Restriction Orders

1. 1. The policy notes the amendment to the Licensing Act 2003 that gives powers to Licensing Authorities to prevent the sale of alcohol on premises within a certain geographical area for any period between midnight and 6.00 if the Authority believes that is appropriate for the promotion of the licensing objectives. There is currently no evidence to support the introduction of the scheme.

Late Night Levy

1. 1. The late night levy introduced in the Police Reform and Social Responsibility Act 2011 gives the Council discretionary powers to impose a financial levy on premise licensed to sell alcohol anytime between midnight and 6.00 am.

1. 1. The Council supported the development of the Business Improvement District (BID) in Guildford town centre in October 2012. The BID last 5 years and after this time a ballot will take place to determine if the BID will carry on. The Licensing Authority will not consider the late night levy unless the BID does not continue. A number of BID activities could potentially be continued under a late night levy. There is reference to the late night levy within the policy.

6. Consultation

6.1 Wide consultation is critical to helping us develop a balanced and fair policy which is clear and transparent.

6.2 If the Committee approves the draft policy, we will carry out a wider consultation to engage with all stakeholders, responsible authorities plus residents, visitors and those who work in the Borough.

6.3 We will follow our consultation standard and use a number of consultation methods over a 12 week period to ensure we reach as many stakeholders as possible. We will:

• Advertise the consultation in the local newspaper and on our website.

• Contact all licence holders, responsible authorities and other stakeholders to ask their views on the main proposals.

• Make a questionnaire available on the Council’s website with the ability to complete the questionnaire on-line. The questionnaire will also be available in hard copy on request.

• Use social media to inform the public of the consultation.

6.4 We will then analyse the comments, prepare the final policy for approval and present a further report to the Licensing Committee on 15 July 2015.

7. Financial Implications

7.1 There are no financial implications for the Council as a result of carrying out a public consultation on draft Statement of Licensing Policy.

8. Legal Implications

8.1 The Statement of Licensing Policy provides the framework in which the licensing function is administered and the Council’s approach under the Licensing Act 2003.

8.2 The Licensing Act 2003 requires a statutory review of the Statement of Licensing Policy every 5 years but it does not prevent an earlier review.

8.3 The Licensing Authority must have regard to the statutory guidance issued under section 182 of the Licensing Act 2003 when drafting its policy. The latest version, issued by the Home Office in October 2014, has been referred to during the drafting of this policy.

9. Human Resource Implications

9.1 There are sufficient existing human resources to complete the consultation with stakeholders on the draft Statement of Licensing Policy.

10. Conclusion

10.1 A review must be complete by January 2016 of the current Statement of Licensing Policy. Our initial informal consultation with responsible authorities and engagement exercise with stakeholders was positive and assisted with redrafting the policy.

10.2 The report provides information and guidance on a brand new Statement of Licensing Policy under the Licensing Act 2003, which requires approval for public consultation.

11. Background Papers

Guildford Borough Council’s Statement of Licensing Policy 2011-2014 http://www.guildford.gov.uk/media/16947/Statement-of-Licensing-Policy-20112014/pdf/Statement_of_Licensing_Policy_2011-14.pdf[27]

Minutes of the Council meeting 9 December 2010

http://www.guildford.gov.uk/media/7678/Minutes-101209pdf/pdf/pdf42.pdf[28]

Licensing Act 2003

http://www.legislation.gov.uk/ukpga/2003/17/contents[29]

Police Reform and Social Responsibility Act 2011

http://www.legislation.gov.uk/ukpga/2011/13/contents/enacted[30]

Revised guidance issued under section 182 of Licensing Act 2003 – October

2014

https://www.gov.uk/government/publications/explanatory-memorandum-revisedguidance-issued-under-s-182-of-licensing-act-2003[31]

12. Appendices

Appendix 1 Draft Statement of Licensing Policy 2016-2021

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Contents Page

Section 1 Introduction 3

Section 2 Background 3 - 4

Section 2.1 Scope of Statement of Licensing Policy 4 - 5

Section 3 Policy Consultation 5 - 6

Section 4 Fundamental Principles 6 - 7

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Section 14 Administration & Delegation 20 - 21

Section 15 Enforcement 21

Section 16 Reviews 22

Section 17 Diversity & Equality 22 - 23

Appendix A Contact List 24

Appendix B Public Health Information 25 - 26

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Section 1 - Introduction

1.1 Guildford Borough Council is the Licensing Authority under the Licensing Act 2003 responsible for granting premises licences, club premises certificates, temporary event notices and personal licences in the Borough for the sale and/or supply of alcohol, the provision of regulated entertainment and late night refreshment. Licensing is about regulating licensable activities on licensed premises, qualifying clubs or at temporary events and any conditions attached are focused on matters under the control of the licence holder.

1.2 The majority of licensing functions must be carried out by the Licensing Committee established under the Licensing Act 2003. Members of this Committee are responsible for the detailed administration of the Council’s licensing function assisted by officers. The Licensing Committee has delegated certain functions to the Licensing Sub-Committee and/or officers and the decision making arrangements between the Licensing Authority (The Council), the Licensing Committee, the Licensing Sub-Committee and officers are set out in this policy statement.

Section 2 - Background

2.1 This Statement of Licensing Policy will apply for a maximum period of five (5) years until January 2021, will be kept under review throughout this period annually to evaluate its effectiveness and may be revised due to changes in local circumstances, legislation, variation of government guidance or otherwise as the Licensing Authority considers appropriate. The Licensing Authority will consult on any proposed changes.

2.2 Guildford borough is the second highest populated district in Surrey with 139,700 residents in 2012. The major urban areas are located in the town centre of Guildford and on the western fringes of the borough adjacent to Aldershot town. The borough also has a rich and varied architectural heritage, including 36 scheduled ancient monuments.

2.3 The town centre is a focus for major commercial and administrative functions and is a principal regional shopping destination with a vibrant night time economy. The borough attracted over three million day visitors in 2011, generating about £285 million in tourism income for local businesses, supporting around 5,000 jobs. Guildford’s successful economy measured against a range of indicators has made it a place where businesses want to locate and grow.

2.4 In 2014 Guildford was awarded Purple Flag, recognising excellence in the management of the town centre at night. This prestigious award demonstrates the Council and the other Purple Flag Partners’ ambitions to develop and improve the night time economy, encouraging a broad outlook on how the town is presented at night and tackling all aspects from cleanliness to access and transport, street lighting to signage, entertainment variety and choice of styles in bars, clubs and restaurants.

2.5 The vision in The Corporate Plan 2013-2016 states the desire for Guildford to be a town and borough;

• With strong infrastructure
• World-class business with capacity to expand and deliver growth
• An evolving and vibrant economy
• Which creates a progressive and sustainable environment
• For people today and future generations living in an ever improving society.

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1. 1. This licensing policy seeks to promote licensing within the overall context of the five fundamental themes of the Corporate Plan 2013-2016.

1. 1. The Licensing Authority has responsibility for helping to develop and promote a strong sustainable local economy. Thriving food, drink and entertainment businesses are an important part of that local economy with this policy critical to their continuing success and for attracting further investment and opportunity to the borough.

1. 1. Balanced against this are the Council’s legal duties and commitment with its partners to reducing crime, disorder and the fear of crime. It is important to protect and maintain our environment so that residents, visitors and other businesses can enjoy the opportunities for living, visiting and working within the borough safely and free from nuisance.

1. 1. As a popular town with a two campus modern university, Guildford values its younger people and is active in ensuring they are offered a wide range of opportunities and experiences to develop whilst seeking to protect them from harm.

1. 1. Through the Licensing Act 2003, the government has provided opportunities for businesses to develop and flourish in socially responsible ways and has simplified and lightened the administrative burden of licensing. However, the Act contains strong powers for both the police and the Licensing Authority.

1. 1. Guildford Borough Council has over 560 licensed premises of all types including;

• Pubs, bars and nightclubs
• Restaurants
• Members clubs
• Off licenses
• Late night food venues
• Premises offering regulated entertainment • Over 1470 personal licences.

2.12 The predominant historic nature of the town results in a higher density of licensed premises in some areas meaning that certain issues are particularly relevant to the exercise of the Authority’s licensing functions which are;

• Striking an appropriate balance between the needs of residents and the needs of businesses (particularly during night time hours when residents may expect that their sleep should not be unduly disturbed)
• Potential for saturation and the associated alcohol related crime, disorder and nuisance which could occur in some areas
• The control of underage drinking.

Section 2.1 Scope of the Statement of Licensing Policy

2.1.1 The Licensing Act 2003 sets out the legal framework for the Licensing Authority to licence the following activities:

• Retail sale of alcohol
• The supply of alcohol by or on behalf of a club • Regulated entertainment • Late night refreshment.

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2.1.2 These activities are controlled through a system of:

• Premises licences
• Club premises certificates
• Personal licences
• Temporary event notices.

1. 1. 1. For definitions of these activities and information on the different types of licences available further information may be found on the government website by following this link.

1. 1. 1. The Act requires the Licensing Authority to carry out its licensing functions to promote the licensing objectives. Guildford Borough Council as the Licensing Authority takes its responsibilities under the Licensing Act seriously and will use all available powers to promote the four licensing objectives;

• The prevention of crime and disorder
• Public safety
• The prevention of public nuisance • The protection of children from harm.

1. 1. 1. Further detail and explanation of the licensing objectives may be found within the Revised Guidance under Section 182 Licensing Act 2003 (October 2014) which may be found on the government website by following this link.

1. 1. 1. The Act requires the Licensing Authority to prepare and publish a statement of its licensing policy every five years.

1. 1. 1. This Statement of Licensing Policy fulfils this requirement and has been prepared in accordance with the revised guidance issued by the Secretary of State under Section 182 of the Licensing Act 2003.

Section 3 - Policy Consultation (Appendix will be included after 13 week public consultation)

1. 1. Prior to the formal review process of the Statement of Licensing Policy 2011 – 2016, an informal engagement exercise invited opinion specifically related to the effectiveness of the Statement of Licensing Policy 2011 – 2016 from a wide cross section within the Borough including Responsible Authorities, trade representatives, business and community groups who had an interest in or were likely to be affected by this council’s functions.

1. 1. The objective was to elicit public opinion, which could be considered prior to the formal review process. The results highlighted best practice and influenced the next Statement of Licensing Policy supporting the process of informed and transparent decision-making and improving dialogue whilst promoting partnership working within and across local communities.

1. 1. All stakeholders and statutory consultees were signposted to an online survey to provide feedback. Paper copies of the survey and the explanatory paper were made available on request from the licensing team for those consultees who did not have internet access.

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1. 1. In determining this policy the Licensing Authority has undertaken formal consultation with members of the public, community stakeholders, specific groups and individuals as listed in section 5(3) of the Licensing Act 2003. These are;

• The Chief Officer of Surrey Police
• Surrey Fire & Rescue Authority
• The Primary Care Trust Director of Public Health
• Persons / bodies representative of local premises licence holders
• Persons / bodies representative of local club premises certificate holders
• Persons / bodies representative of local personal licence holders
• Persons / bodies representative of businesses and residents in its area

1. 1. In addition the Licensing Authority has consulted with Surrey Trading Standards, Surrey Safeguarding Children Board, Guildford Borough Council Environmental Health (Pollution Control), Guildford Borough Council Environmental Health (Health & Safety) and Guildford Borough Council Planning Department. The draft policy has also been published on Guildford Borough Council’s website.

1. 1. The views of all these bodies and the evidence presented have been given due weight in the determination of this policy. (Appendix awaits)

Section 4 - Fundamental Principles

1. 1. This policy statement sets out a general approach to making licensing decisions and acknowledges the right of any individual to apply under the terms of the Act for a variety of permissions and to have any such application considered on its individual merits.

1. 1. Similarly, this policy statement does not override the right of any person to make representations on an application or seek a review of a licence or certificate where provision has been made for them to do so in the Act.

1. 1. Licensing is about the control of licensed premises, qualifying clubs, temporary events and individuals within the terms of the 2003 Act. Any conditions or restrictions attached to a premises licence or club premises certificate will be focused on matters which are within the control of individual licensees.

1. 1. These matters centre on the premises and places being used for licensable activities and any impact of those activities in the vicinity of those premises and places. The Licensing Authority will primarily focus on the direct impact of the activities taking place at the licensed premises, on members of the public living, working or engaged in normal activity in the area concerned.

1. 1. Licensing law is not a mechanism for the general control of nuisance or anti-social behaviour by individuals once they are beyond the direct control of the individual, club or business holding the licence, certificate or permission concerned.

1. 1. The controls exercised through the provisions of the Act are key aspects in the control of nuisance and antisocial behaviour forming part of the Council’s holistic approach to licensing.

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1. 1. In this respect, the Licensing Authority recognises that, apart from the licensing function, there are a number of other partnership mechanisms available for addressing issues arising out of the operation of licensed premises, including;

• The Safer Guildford Partnership
• The Crime and Disorder Reduction Strategy
• The Town Centre Disorder Group
• Planning Controls
• Regular liaison with Surrey Police  Guildford Borough Pub Watch  Experience Guildford.

1. 1. The Licensing Authority will, so far as possible, avoid duplication with other regulatory regimes and does not intend to use the Licensing Act to achieve outcomes that can be achieved by other legislation.

1. 1. In particular, the licensing functions will be carried out separately from the Council’s functions as the Planning Authority.

1. 1. It will normally be expected that applications for a premises licences in respect of permanent commercial premises should be from businesses with the appropriate planning consent for the activity concerned in place.

1. 1. Where representations are made to a particular application which relate to the licensing objectives, either from a responsible authority or from any interested other person, a hearing will be held at which the applicant and those making representation will have the opportunity to comment on the representations made.

1. 1. In all cases, applicants and those making representations in respect of applications made to the Licensing Authority have a right of appeal to the Magistrates’ Court against the decisions of the Licensing Authority. Any appeal must be lodged within 21 days of the date upon which written notice of the decision is given by the Licensing Authority.

Section 5 - Health

1. 1. The Police Reform and Social Responsibility Act 2011 granted local health bodies statutory participation in the licensing process as Responsible Authorities creating a recognised role in considering and making representations to licensing applications on health grounds.

1. 1. The Licensing Authority welcomes the addition to the ongoing development of a multiagency collaborative approach towards licensing matters, recognising the significant scope for participation to reduce alcohol related violence and harm, as well as promoting and advising on sensible drinking whilst providing evidence on the impact of alcohol outlet density and its effect on health, crime and children.

1. 1. The licensing process is focused on controlling the immediate harms associated with alcohol sales at particular premises, with all licensing decisions relating specifically to the premises in question and their promotion of the four statutory licensing objectives.

1. 1. The Licensing Authority recognise that there is further development work being undertaken to maximise the use of health data in the licensing process by improving the collection and distribution of both data and intelligence from Surrey's acute trusts by relevant partners. This is recognised as a priority within Surrey's Substance Misuse Strategy (2015-

18) and as a fundamental method of preventing escalating alcohol-related harm throughout

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Surrey. It will consider health-related evidence that directly links to a premises when their discretion is engaged after representation where it is considered to impact on one or more of the licensing objectives.

Section 6 - Premises Licences & Club Premises Certificates

6.1 A premises licence is required for the sale of alcohol, provision of regulated entertainment or the provision of late night refreshment (sale of hot food and drink to the public between 11.00 pm and 5.00 am).

6.2 Some activities carried out by clubs need to be licensed under the Act but generally clubs are treated differently to commercial premises.

6.3 In determining applications for Premises Licences and Club Premises Certificates the Licensing Authority will have regard to the guidance issued by the Secretary of State under Section 182 of the Licensing Act 2003 (October 2014 or any subsequent revisions) and any secondary legislation.

6.4 It is important that applications for Premises Licences and Club Premises Certificates properly address the four licensing objectives by providing as much detail as possible on the application form.

6.5 The application must be supported by a comprehensive operating schedule. This schedule must specify the steps which the applicant proposes to take in order to promote each of the licensing objectives.

6.6 A club is an organisation where members have joined together for a particular reason i.e.

social, sporting or political and have combined to buy alcohol in bulk as members of the organisation for supply to their members. In order to apply for a Club Premises Certificate the club needs to be a ‘Qualifying Club’.

6.7 A Qualifying Club;

• Has rules whereby membership is not instant. There must be a minimum of 2 days between applications for membership and admission which includes the privileges of membership (i.e. use of facilities and the consumption of alcohol)
• Has not less than 25 members
• Must be conducted in good faith and have full accountability to its members • Must not supply alcohol to members, otherwise than by or on behalf of the club.

6.8 A Qualifying Club is entitled to certain benefits unlike a licensed premises;

• No need for Personal Licence Holders on the premise
• No need for Designated Premises Supervisors
• More limited rights of entry for the Police and other Authorised Persons (Licensing Officers) as the premises is considered private and not generally open to the public
• No instant closure powers by the Police for disorder or noise
• Permitted to sell hot food and drink between 11pm and 5am to members and their guests without the requirement for a licence.

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1. 1. Where applications for premises licences or club premises certificates have attracted representations from a Responsible Authority or any other person, the application will be scheduled for a hearing before a Licensing Sub-Committee where the applicant and those making representations may be heard.

1. 1. The Licensing Sub-Committee will give full and written reasons for the decision made for each application that proceeds to a hearing.

Section 6.1 - Application Consultation

1. 1. 1. The consultation process required for applications for Premises Licences, Club Premises Certificates and Full Variations of existing licences or certificates allows for representations to be made by various bodies and individuals. Responsibility for undertaking the advertisement of the application in accordance with the requirements lies with the applicant.

1. 1. 1. The Council will publish details of all new applications on its website, updated weekly, which can be found by following this link.

Section 6.2 - Making Representations

1. 1. 1. Representations about an application must be made in writing to the Council’s Licensing Team within the time period prescribed. Written representations may include letters whether posted or faxed and emails. Any representations received after the end of the public consultation period cannot legally be accepted.

1. 1. 1. When making a Representation, the Council request that a contact phone number and email address are provided. These help the Council to quickly contact respondents if the details of the application are altered as a result of the representations received in connection with arrangements for the hearing.

1. 1. 1. Representations should contain;

• The name, full address & post code of the person making them.
• The reasons for their representation and
• Which of the four Licensing Objectives the representations relate to;

• • • • Crime and disorder
      • Public Nuisance
      • Public safety
      • Protection of children from harm

1. 1. 1. A representation would be ‘irrelevant’ if it is not about the likely effect of the grant of the application on the promotion of the licensing objectives. Irrelevant representations cannot be accepted.

1. 1. 1. A representation made by a person other than a responsible authority will not be accepted if the Licensing Authority decides that it is frivolous or vexatious.

1. 1. 1. Vexation may arise where, for example, there is a dispute between rival businesses.

1. 1. 1. Frivolous representations would be categorised by a lack of seriousness.

1. 1. 1. Such judgments will be made by officers following such enquiries as may be necessary.

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1. 1. 1. Where a representation is found to be irrelevant, vexatious or frivolous, the person making it will be informed in writing that the representation will be disregarded. All valid representations will form part of a committee report that will become a public document. It will be provided to the applicant, his agent and persons who have made representations as well as the Licensing Sub-committee 10 days prior to the hearing.

1. 1. 1. Whilst representations may not be made anonymously, in exceptional circumstances, such as when the objector has a genuine and well-founded fear of intimidation or violence, some or all of the objectors personal details may be removed from the representation before it is given to the applicant.

Section 7 - Personal Licences

1. 1. To sell alcohol in licensed premises at least one person needs to hold a ‘Personal Licence’ which has been granted by the Licensing Authority where they live. This requirement does not apply to ‘qualifying clubs’.

1. 1. Holders of a ‘Personal Licence’ must hold a recognised licensing qualification, be over 18 years of age and not have certain types of criminal conviction. Proof of a licensing qualification together with a Basic Disclosure certificate less than two months old and endorsed photographs of the holder are required as part of an application for a Personal Licence.

1. 1. Where an applicant is found to have an unspent conviction for a relevant offence as defined in the Act or for a foreign offence, the Licensing Authority will notify the police. Where the police do not object and the application otherwise meets the requirements the Licensing Authority must grant it. If the police do object, a hearing will be held before the Licensing Sub-Committee to determine the application.

1. 1. Full details relating to personal licence applications can be found on the Government website by following this link.

Section 8 - Fees & Charges

1. 1. Licensing fees and charges are set by Government and are the same across the Country. Full details can be found on the Home Office website or by following this link.

1. 1. Once granted, a licence or club premises certificate does not expire but the licence holder is required to pay an annual fee. Failure to pay the annual fee within the prescribed time will result in the Licensing Authority suspending the operation of the premises licence or club premises certificate until all outstanding fees are paid.

1. 1. Where the annual fee is paid the licence will remain in force even if the premises are not used for a licensable purpose.

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Section 9 - Variations (Minor and Full)

1. 1. Both Premises Licences and Club Premises Certificates may be varied under the Licensing Act 2003.

1. 1. A minor variation is a simplified process with a set statutory fee applicable to all premises and clubs. There is a requirement to advertise the application by displaying a notice on the premises. Decisions on a minor variation are delegated to officers and there is no right to a hearing. The Licensing Authority must consult all relevant responsible authorities on an application for a minor variation and take their views into account.

1. 1. Minor variations are those which cannot adversely impact on the licensing objectives and generally fall into four categories which are:-

• Minor changes to the structural layout which does not;

• • • • Increase the capacity for drinking (increasing floor area for patrons drinking etc.)
      • Affecting access or egress (blocking fire exits or escape routes)
      • Impede or remove noise reduction measures at the premises (removing acoustic lobbies etc.)

• Small adjustments to licensing hours
• Removal of out of date, irrelevant or unenforceable conditions or the addition of volunteered conditions
• Addition of a licensable activity where similar activities already exist.

1. 1. Full guidance for applicants on minor variations can be found on the Government website by following this link[32].

1. 1. Full variations follow the same procedure as that for a new Premises Licence with the need for advertisement on the premises and in the newspaper in addition to the statutory consultation.

1. 1. The areas in which a premises licence may be varied include;

• Varying the hours during which a licensable activity is permitted
• Adding or removing licensable activities
• Amending, adding or removing conditions within a licence
• Altering any aspect of the layout of the premises which is shown on the plan.

9.7 Where the changes proposed are substantial or involve completely changing the nature of the business, it may be more appropriate to apply for a new premises licence. Advice may be sought from the licensing team in this instance.

Section 10 - Temporary Event Notices

1. 1. Anyone over the age of eighteen may serve the Licensing Authority with a Temporary Event Notice. This permits people to hold an event involving licensable activities without having to apply for a Premises Licence or Club Premises Certificate.

1. 1. Applicants must provide a clear description of the area in which they propose to carry on licensable activities and must describe the event taking place at the premises for example, a wedding with a pay bar, the supply of alcohol at a particular event, a discotheque, the performance of a string quartet, a folk group or a rock band.

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1. 1. Where applicants are uncertain whether or not the activities that they propose are licensable or require assistance with an application, they should contact the licensing team for further advice.

1. 1. Temporary Event Notices may be obtained for;

• The sale of alcohol
• The provision of regulated entertainment
• The sale of hot food or drink between 11pm and 5am.

1. 1. A Temporary Event Notice should be submitted to the Licensing Authority a minimum of 10 working days before the proposed event(Standard TENs), however a limited number of applications may be made giving no less than 5 working days’ notice (Late TEN’s). If objections are received from either the police or Environmental Health officers a hearing will be held to decide whether the event can go ahead in the case of Standard TENS. Late TENs will not be valid following an objection and the event will not be able to go ahead.

1. 1. There are certain limitations to Temporary Event Notices;

• The maximum number of people attending must not exceed 499 at any time
• The event cannot last longer than 168 hours
• No premises may host more than 12 events in a year
• The maximum number of days covered by Temporary Event Notices cannot exceed 21 days in a year
• A personal licence holder may apply for up to 50 temporary events with 10 of these being late
• Any other person may apply for 5 temporary events with 2 of those being late.

10.7 Further details and comprehensive guidance on Temporary Event Notices may be found on the Government website or by following this link.

Section 11 - Licensing Hours

1. 1. Many representations submitted in response to licensing applications for the sale of alcohol for consumption on a premises relate to public concern about the hours of operation proposed. The Licensing Authority recognises there is opportunity for significant detrimental impact for local residents where licensed premises operate late. It also recognises that longer licensing hours for the sale of alcohol may avoid large numbers of people leaving premises at the same time, which in turn may reduce disorder and disturbance.

Where representations are made against the grant of a new licence for the sale of alcohol for consumption off the premises such as shops, garages and supermarkets, the Licensing Authority may consider restricting those hours only where there are good and justifiable reasons for doing so and if this would promote the licensing objectives.

1. 1. The Licensing Authority notes the guidance of the Secretary of State on hours of trading contained within Section 10 of the Revised Guidance issued under Section 182 of the Licensing Act 2003 (October 2014) which states that;

1. 1. “different licensing strategies may be appropriate for the promotion of the licensing objectives in different areas. The 2003 Act gives the licensing authority power to make decisions regarding licensed opening hours as part of the implementation of its licensing policy statement and licensing authorities are best placed to make decisions about appropriate opening hours in their areas based on their local knowledge and in consultation with responsible authorities. However, licensing authorities must always consider each

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application and must not impose predetermined licensed opening hours, without giving individual consideration to the merits of each application.”

1. 1. “Where there are objections to an application to extend the hours during which licensable activities are to be carried on and the licensing authority determines that this would undermine the licensing objectives, it may reject the application or grant it with appropriate conditions and/or different hours from those requested.”

1. 1. “Shops, stores and supermarkets should normally be free to provide sales of alcohol for consumption off the premises at any times when the retail outlet is open for shopping unless there are good reasons, based on the licensing objectives, for restricting those hours.”

1. 1. The Licensing Authority can use powers to control the hours of operation of any licensed premises where it has received a representation against an application and there are reasonable and proportionate grounds to believe that if the licence was granted as applied for without restriction, nuisance, antisocial behaviour or crime and disorder might arise. Such situations are most likely to arise where licensed premises are located close to residential areas.

1. 1. Where representations are received, the application will be referred to a Licensing Sub Committee in accordance with the scheme of delegation included in this Policy. When hearing an application the Sub-Committee will seek information and assurances from the applicant that the four Licensing Objectives will not be undermined by the grant of the application. Where the Sub Committee considers it appropriate to do so it may apply licensing conditions, including limiting the hours of operation.

1. 1. Fixed trading hours within designated areas will not be considered as this could lead to significant movements of people across boundaries at particular times seeking premises opening later, with the attendant concentration of disturbance and noise.

1. 1. Not all regulated entertainment will be associated with the sale of alcohol. There may be licence applications when alcohol is not provided for many reasons or in other circumstances it would be unnecessary or unlawful to have alcohol available, for example, events exclusively for children. In other circumstances regulated entertainment could finish earlier or later than the sale of alcohol.

1. 1. The provision of Late Night Refreshment covers the supply of hot food or hot drink to members of the public at any time between the hours of 11pm and 5am. This includes takeaway food premises but also applies to restaurants and mobile vehicles.

1. 1. In each case, the hours being sought for regulated entertainment or late night refreshment must be set out in the application and operating schedule. Where representations are received the Licensing Sub-Committee will consider each application, determining the hours of operation on its own merits taking into account the licensing objectives.

Section 12 - Promoting the Four Licensing Objectives

1. 1. The promotion of the four objectives is fundamental to the Act. Every applicant for a premises licence must provide a fully completed and detailed operating schedule. This schedule must be in the prescribed format.

1. 1. The most effective means for an applicant to assess what measures are needed to promote the licensing objectives is by risk assessment.

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1. 1. The operating schedule forms the basis of any conditions placed on a licence other than those which are mandatory. It provides valuable information to interested parties and responsible authorities assisting their assessment of the impact of the licensed activity on the licensing objectives and provides information about how the applicant will address these issues. It is likely to form the basis of any decision to submit a representation against the application.

1. 1. Providing as much information as possible in the operating schedule demonstrates that the applicant has seriously considered the issues, is aware of their duty to promote the licensing objectives at all times and is aware of how this may be best achieved.

1. 1. The Licensing Authority considers the effective and responsible management of the premises, including instruction, training and supervision of staff and the adoption of best practice to be amongst the most essential control measures for the achievement of the licensing objectives. For this reason, these measures should be specifically considered, detailed and addressed within an applicant’s operating schedule.

Section 12.1 - Large Scale Events

1. 1. 1. Organisers of large events (in particular, major festivals and carnivals) are strongly advised to contact the Licensing Authority and responsible authorities at the earliest opportunity to discuss licensing matters, providing as much advance notice as reasonably practicable.

1. 1. 1. Large scale open air events require significant planning and organisation with potential to impact on the licensing objectives. The Licensing Authority and other responsible authorities expect to be satisfied well in advance of any such event that appropriate measures are in place to safeguard the licensing objectives.

1. 1. 1. It is expected that all other appropriate authorisations will be in place prior to an application and organisers must be mindful that a premises licence application may take up to two months to be determined should representations be received.

Section 12.2 - Prevention of Crime and Disorder

1. 1. 1. Licensed premises of any description, especially those offering late night/early morning entertainment, alcohol and refreshment for large numbers of people can be a source of crime and disorder. The Licensing Authority expect operating schedules to satisfactorily address these and any other potential issues, from the design of the premises through to the daily operation of the business.

1. 1. 1. Applicants are recommended to engage with and seek advice from the Police and other Responsible Authorities taking into account, as appropriate, local planning and transport policies in addition to tourism and crime prevention strategies when preparing their operating plans and schedules prior to submission.

1. 1. 1. When addressing crime and disorder, the applicant should identify any particular issues that are likely to adversely affect the promotion of the crime and disorder objective before including in the operating schedule how they propose to mitigate those matters.

1. 1. 1. Where objections are received and the Licensing Sub Committee considers it appropriate to do so, conditions may be attached to licences to prevent crime and disorder both inside and in the vicinity of the premises.

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1. 1. 1. The Licensing Authority considers the orderly dispersal of customers from licensed premises to be an important factor in promoting the licensing objectives. In considering applications for the grant or variation of a licence, serious consideration will be given to the dispersal arrangements, the potential effect that granting the licence might have on dispersal arrangements from other licensed premises or the cumulative impact in the area.

1. 1. 1. Whilst recognising that drug misuse is not an issue in all licensed premises, the Licensing Authority is committed to the reduction and eradication of drugs from licensed premises as part of its role promoting the Crime and Disorder licensing objective. All licence holders are expected to actively support this objective by the way they plan, manage and operate their premises.

1. 1. 1. Where relevant representations are received following an application for the grant or variation of a licence, conditions may be imposed to support the prevention of the sale, supply and use of drugs. In premises where drug misuse is problematic and where the police or others apply for a ‘Review’ of the licence, the Licensing Sub-Committee will consider this as serious criminal activity and give appropriate consideration to the options available, including the suspension or revocation of the licence in accordance with the Secretary of State’s Guidance. The Licensing Authority recognises that each case must be decided on individual facts and its specific merits.

1. 1. 1. The Council does not currently have a special cumulative impact policy. The absence of a special cumulative impact policy does not prevent any responsible authority or other person making representations on an application for the grant or variation of a licence on the grounds that the premises will give rise to a negative cumulative impact on one or more of theclicensingaobjectives.

1. 1. 1. There are other measures to control cumulative impact listed in the guidance which include:-

• Planning controls
• Partnerships between local business, transport operators and the Council to create a safe and clean town centre
• CCTV Surveillance
• Designation of alcohol free zones
• Police enforcement including the issue of fixed penalty notices
• Prosecution of any personal licence holder or member of staff who sells alcohol to people who are or appear to be drunk
• Confiscation of alcohol from adults or children who are or appear to be drunk
• Police powers to close premises
• Review of a premises licence or club premises certificate.

12.2.10 The Licensing Authority does not propose to consider the use of alternative measures such as fixed closing times, staggered closing times or zoning within Guildford Borough.

12.2.11 The late night levy is a discretionary power the Council can use to impose a financial levy on premises licensed to sell alcohol anytime between midnight and 6am. The Council supported the development of the Business Improvement District (BID) in October 2012 which is funded by businesses within the BID area. Lasting for five years, another ballot must be held to establish if the BID will continue for the five years thereafter. The Licensing Authority will not consider the Late Night Levy unless the Business Improvement District does not continue.

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12.2.12 Early Morning Restriction Orders are intended to prevent the sale of alcohol on premises within a designated geographical area for any period of time between midnight and 06:00 if the Licensing Authority believes that it is appropriate for the promotion of the licensing objectives. There is no proposal for this type of order to be considered at the present time.

12.2.13 In addition to the requirement for the Licensing Authority to promote the licensing objectives, it also has a duty under Section 17 of the Crime and Disorder Act 1998 to do all it reasonably can to prevent crime and disorder in the Borough.

12.2.14 Consideration will be given where appropriate to the powers available under the Violent Crimes Reduction Act 2006 and the use of Public Spaces Protection Orders.

Section 12.3 - Public Safety

12.3.1 The Licensing Authority is committed to ensuring, as far as practicably possible that the safety of any person visiting or working in licensed premises is not compromised. Applicants must demonstrate in their operating schedule that suitable and sufficient measures have been identified, implemented and maintained to ensure public safety specific to the characteristics of their premises and events.

12.3.2 Applicants are encouraged to contact the Council’s Environmental Health Services before preparing their plans and operating schedules, specifically in respect of occupancy numbers, the safety of those with special needs or the adequacy of transport for patrons use in onward travel.

12.3.3 Licence holders should have clear documented policies and procedures in place which identify all public safety risks associated with the premises and the measures to prevent, manage, mitigate and respond to those risks.

12.3.4 Where representations are received and the Licensing Sub-Committee considers it appropriate to do so, they may attach conditions to licences and certificates to prevent public nuisance.

12.3.5 For advice on compliance with the legislation, relevant published guidance or codes of practice contained within the Health & Safety at Work Act 1974 and other associated regulations, contact the Council’s Environmental Health Services, Health & Safety department.

12.3.6 Further guidance may be found in the Safer Guildford Partnership Plan 2014-2017.

Section 12.4 - Prevention of a Public Nuisance

12.4.1 Licensing Sub Committees are mindful that licensed premises, especially those operating late at night and in the early hours of the morning, can cause a range of nuisances impacting on people living, working or sleeping in the vicinity. When addressing public nuisance the applicant should identify any particular issues that are likely to affect adversely the promotion of the licensing objective to prevent public nuisance before including in the operating schedule how they propose to mitigate and manage those issues.

12.4.2 Where an application includes provision of a smoking area or shelter the Licensing Authority expects them to be situated as far as possible from neighbouring residential premises. It is expected that suitable receptacles be provided and maintained to dispose of cigarette litter in any area used for smoking outside licensed premises.Licensees must take all reasonable steps to discourage smoking on the public highway close to residential premises, considering

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measures such as a ban on customers taking drinks outside on to the public highway, the use of door supervisors or imposing a time after which readmission to the premises will not be permitted.

12.4.3 The Licensing Authority would encourage all licence holders to consider the impact of noise on neighbours or those otherwise impacted by undertaking simple measures such as not emptying glass into external bins at night, arranging deliveries wherever possible during the day or clearing garden areas at a reasonable time preventing nuisance to neighbouring residents.

12.4.4 There is a distinct separation between a public nuisance under the Licensing Objectives and statutory nuisance relating to noise, light and odour under Section 79 Environmental Protection Act 1990 which is dealt with by Environmental Health Officers. Further information can be provided by the Council Environmental Health Team or from the Government website by following this link.

12.4.5 Applicants are encouraged to seek advice from the Council’s Environmental Health Services before preparing their plans and operating schedules, specifically in respect of sound limiting devices which should be calibrated, set and maintained to the approval of Environmental Health Officers.

12.4.6 Where representations are received and the Licensing Sub-Committee considers it appropriate to do so, they may attach conditions to licences and certificates to prevent public nuisance.

Section 12.5 - Protection of Children from Harm

12.5.1 The wide range of different premises that require licensing under the Act means that children may be expected to visit many of these, often on their own, for food and / or entertainment. Where no representations are received and an applicant’s operating schedule details restrictions in relation to the admission of children, these may become conditions attached to the licence. Apart from the specific restrictions set out in the Licensing Act 2003, there is no presumption of either permitting or refusing access to licensed premises. Each application and its unique circumstances must be considered on its own merits.

12.5.2 The Licensing Authority will only seek to limit the access of children to licensed premises where it is necessary for the prevention of physical, moral or psychological harm. The Licensing Authority will consult the Surrey Safeguarding Children Board for advice on any application that indicates there may be concerns over access for children. In the event of representations, the Licensing Sub-Committee will consider the merits of each application before deciding whether to impose conditions limiting the access of children.

12.5.3 The following are examples of premises that are likely to raise concern;

• Where entertainment or services of an adult or sexual nature are commonly provided. Where there have been convictions of the current staff at the premises for serving alcohol to minors or premises with a reputation for underage drinking.
• A known association with drug taking or drug dealing
• Where there is a strong element of gambling on the premises
• Where the supply of alcohol for consumption on the premises is the exclusive or primary purpose of the services provided at the premises.

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12.5.4 Examples of entertainment or services of an adult or sexual nature might include;

• Topless bar staff, striptease, lap, table or pole dancing
• Performances involving feigned violence or horrific incidents
• Feigned or actual sexual acts or fetishism
• Entertainment involving strong or offensive language.

12.5.5 The Licensing Sub-Committee may consider any of the following options when dealing with a licence application where limiting the access of children is considered appropriate to prevent harm to children;

• Limitations on the hours when children may be present
• Limitations on the presence of children under certain ages when particular specified activities are taking place
• Limitations on the parts of premises to which children might be given access
• Limitations on ages below 18
• Requirements for an accompanying adult
• Full exclusion of people under 18 from the premises when any licensable activities are taking place.

12.5.6 No conditions will be imposed requiring that children be admitted to any premises and, where no limitation is imposed, this will be left to the discretion of the individual licensee. The 2003 Act details a number of offences designed to protect children in licensed premises and the Licensing Authority will work closely with the Police to ensure the appropriate compliance with the law, especially relating to the sale and supply of alcohol to children.

12.5.7 Consideration will be given to promoting initiatives which may assist in preventing the sale of alcohol to children such as Home Office campaigns. The Licensing Authority is fully supportive of and actively encourages recognised proof of age schemes and ‘Challenge 25’ polices in all licensed premises as a fundamental means of preventing under age sales.

12.5.8 The screening or display of films covers a vast range of subjects, some of which deal with adult themes and/or contain, for example, strong language, scenes of horror, violence or a sexual nature that may be considered unsuitable for children within certain age groups.

12.5.9 All Premises Licences and Club Premises Certificates granted for the exhibition of films will contain a condition restricting the admission of children either in accordance with the age classification by a film classification body under Section 4 of the Video Recordings Act 1984 or the Licensing Authority’s recommendation. It will be the Licensing Authority’s policy to specify that the British Board of Film Classification will be stated on the licence as the film classification body where a film has such a classification, however, where there is no such classification or, under such other circumstances as the Licensing Authority sees fit, its own classification may be imposed.

12.5.10 Many children go to see and/or take part in entertainment arranged especially for them, for example children’s film shows, discos, dance or drama school productions and additional arrangements are required to safeguard them while at the premises.

12.5.11 Where an application for a Premises Licence or Club Premises Certificate includes the provision of entertainment for children or by children, the Licensing Authority will expect the operating schedule to include arrangements for protecting children.

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12.5.12 Where representations are made and the Licensing Sub-Committee consider it appropriate to do so, they may make full use of Licensing Conditions to secure the protection of children from harm.

12.5.13 The Licensing Authority is committed to protecting children from harm and supports the programme of underage test purchases arranged by the Surrey Trading Standards Service, the Licensing Team and Police. Where underage sales are found, the Licensing Authority supports the appropriate and proportionate use of warnings, fixed penalty notices, reviews and prosecution as a means of promoting the licensing objectives and enforcing the Licensing Act proportionately.

12.5.14 In keeping with the Secretary of State’s Guidance (October 2014) the Licensing SubCommittee will treat underage sales as serious criminal activity and will give consideration to the suspension or revocation of a licence if a review is brought in respect of underage sales.

Section 13 - Licence Conditions

13.1 Where responsible authorities or other persons do not make any representations about an application, it is the duty of the Licensing Authority to grant the licence or certificate subject only to conditions that are consistent with the operating schedule and any relevant mandatory conditions prescribed by the Act.

13.2 Additional Home Office guidance on Mandatory Licensing Conditions may be found by following this link.

13.3 The Licensing Authority must avoid attaching conditions that duplicate other regulatory regimes as far as possible and may not impose conditions unless its discretion has been engaged following the making of relevant representations and the Licensing Sub-Committee has been satisfied at a hearing that it is appropriate to impose them.

13.4 It may then impose only those conditions appropriate to promote the licensing objectives arising out of the consideration of the representations.

13.5 To minimise problems and the necessity for hearings, the Licensing Authority would encourage applicants to consult with the ‘Responsible Authorities’ when preparing their operating schedules so that they can offer appropriate conditions as part of their applications.

13.6 The Licensing Authority recognises that it is important to ensure that any conditions attached to a licence or certificate achieve the licensing objectives but are not disproportionate or overly burdensome. Therefore, where conditions are necessary they will be tailored to the individual style and characteristics of the particular premises and event concerned. Where appropriate, following a hearing the Licensing Sub-Committee will consider attaching conditions provided that they are proportionate, justifiable and capable of being met.

13.7 A committee or board with responsibility for managing a community premises where alcohol is sold such as a church or community hall, may apply to remove the mandatory condition requiring a designated premises supervisor and personal licence holder and replace it with the condition that every supply of alcohol must be made or authorised by the management committee. For further information on the community premises exemption for a DPS follow this link.

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Section 14 - Administration & Delegation

14.1 The functions of the Licensing Authority under the Licensing Act 2003 are carried out by Guildford Borough Council’s Licensing Committee, by its Licensing Sub-Committees or by officers acting under delegated authority.

14.2 The Sub-Committee comprises three councillors drawn on a panel basis from the membership of the licensing committee with each hearing chaired by a designated Licensing Sub-Committee Chairperson.

14.3 n the interests of efficiency and cost-effectiveness for all parties involved in the licensing process, the Licensing Authority has established a scheme of delegation to deal with applications received under the Act.

14.4 The table on page 20 and 21 sets out the agreed delegation of decisions and functions to the Licensing Committee, Sub Committees and officers. This form of delegation is without prejudice to officers referring an application to a Sub Committee or to Full Committee if considered appropriate in the circumstances of any particular case.

14.5 Ward councillors play an important role in the local community. They can make representations in writing and speak at the hearing on behalf of an interested party such as a local resident or local business if specifically requested to do so. They may also make representations as an interested party in their own right if they have concerns about the premises.

14.6 They may apply for a review of a licence if problems at a specific premise justify intervention and are brought to their attention. Ward Councillors are informed of all new applications and any application to vary a licence in their ward.

14.7 Local residents and businesses may wish to contact their local ward Councillors in respect of a licence application. If a local resident or business makes a representation about an application it is often helpful to send a copy to the local Councillors as this assists them to gain an understanding of local community feelings.

14.8 Ward Councillors may attend hearings of Licensing Sub-Committees considering applications and may speak on behalf of themselves or local residents and businesses if they have made a personal representation, they have made a representation on behalf of local residents or businesses as ‘community advocates’ or they have been nominated by an objector who cannot attend the hearing or prefers to be represented at the hearing. Matter to be deal with Application for personal licence Application for premises licence / club premises certificate Application for provisional statement Application to vary premises licence/ club premises certificate Application to vary premises supervisor Licensing Sub-Committee If a Police objection has been made

If a relevant representation

has been made

If a relevant representation has been made

If a relevant representation

has been made

If a Police objection has been made

Officer

If no objections

If no relevant representation

made

If no relevant representation made

If no relevant representation

made

All other cases

20

Request to be removed as a designated premises supervisor Application for transfer of premises licence Application for interim authorities Application to review premises licence / club premises certificate Decision on whether a complaint is irrelevant frivolous vexatious Determination of a

Police or

Environmental Health representation to a temporary event notice Suspension of licence for non-payment of fees Taking action as a Responsible Authority on behalf of the Licensing Authority Minor variations and alternative conditions on community premises

Section 15 - Enforcement

If a Police objection has been made

If a Police objection has been made

All cases

All cases

All cases

All other cases

All other cases

All cases

All cases

As delegated by the Head of Health and Community Care Services

All cases 15.1 The council has adopted a risk based inspection programme in line with government recommendations and which are in keeping with the principles of the Hampton Review. Inspections will ensure observance of conditions placed on licences, investigate concerns and provide high visibility support increasing public confidence in compliance activity.

15.2 This regime helps identify underlying problems or tensions within communities, increases the quality of local intelligence, allows issues to be targeted promptly and permits the integration of remedial strategies on an ongoing basis delivering the service that the public expects.

15.3 Where necessary, appropriate compliance action will be conducted in a fair, transparent and consistent manner ensuring that any action taken is proportionate and reflects the risk posed to the promotion of the licensing objectives. Interventions will be conducted in accordance with;

• Guildford Borough Council enforcement policies
• Crime & Disorder reduction strategy
• Community Safety strategy
• Drugs & Alcohol strategy

1. 1. The Licensing Authority encourages licensees to seek advice from the Environmental Health and Licensing Services and/or the police for clarification, advice or assistance with issues

21

which arise, but places the responsibility for effective management solely with licence holders.

1. 1. The Safer Guildford Partnership Plan 2014-2017, identified a key priority to maintain a reduction in crime and set a key action for partner agencies to hold licence holders of licensed premises to account for issues relating to their premises.

Section 16 - Reviews

1. 1. Following the grant of a premises licence or a club premises certificate, a responsible authority or any other person may ask the Licensing Authority to review it due to a matter arising in connection with any of the four licensing objectives.

1. 1. Full details of the review process can be provided by contacting a Council Licensing Compliance Officer or may be found in Chapter 11 of the Section 182 Licensing Act 2003 Revised Guidance (October 2014) on the Home Office website by following this link.

Section 17 - Diversity & Equality

1. 1. The Licensing Authority wishes to encourage the provision of a culturally diverse range of regulated entertainment within the Borough, particularly live music and dance which are accessible to all people.

1. 1. All licensed premises are subject to the Equality Act 2010 which lists a number of protected characteristics that must not be used as a reason to treat a person less favourably than another person, these are;

• Age
• Disability
• Gender reassignment
• Marriage and civil partnerships
• Pregnancy and maternity
• Race (this includes colour; nationality; ethnic and national origins)
• Religion or belief
• Sex or sexual orientation.

1. 1. Treating a person less favourably than someone else because that person has one or more of these characteristics is discriminatory.

1. 1. The Equality Act 2010 also includes a duty on the Council as the Licensing Authority to have due regard to the need to eliminate discrimination, harassment and victimisation; advance equality of opportunity; and foster good relations, between people with different protected characteristics.

1. 1. The Licensing Authority urges applicants and existing operators to plan ahead to meet their legal responsibilities under the Equality Act 2010. Further information and guidance can be obtained from the Home Office by following this link.

1. 1. Duties imposed by the Equality Act 2010 provide that any person providing a service to the public must comply with the duty to make reasonable adjustments to enable disabled people to access the service, where a disabled person would be at a substantial disadvantage compared to a non-disabled person.

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1. 1. This applies to disabled people employed by or those who wish to obtain goods and services from licensed premises. No condition will be attached to a licence or certificate which conflicts with or duplicates this requirement.

1. 1. Service providers have a duty to make reasonable adjustments to any physical features which put a disabled person at a substantial disadvantage in accessing a service, or they have to provide the service by a reasonable alternative means.

1. 1. Access to buildings and their facilities is a matter addressed in Building Regulations and planned alterations affecting access may involve the need to apply for building control approval.

1. 1. The Equality Act 2010 provides protection from three forms of disability discrimination;

• Indirect disability discrimination
• Discrimination arising from disability.

access their goods, facilities and services.

Further copies of this document may be obtained from:

23

Appendix A

Licensing Act 2003 – Responsible Authority Contacts

1. Licensing	2. Surrey Police
Guildford Borough Council	Licensing Unit

Surrey

GU2 4BB

Surrey

GU9 9QB

Quadrant Court	Trading Standards Service
35 Guildford Road	Surrey County Council
Woking	Consort House
Surrey	5-7 Queensway
GU22 7QQ	Redhill RH1 1YB
Tel: 01483 517839	Tel: 01372 371700

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Appendix B

Surrey Public Health Information

The relationship between alcohol consumption and risk is complex. Most systems in the body can be damaged by alcohol consumption, but the rate at which harm increases in relation to the amount of alcohol consumed varies. For example liver disease has an exponential relationship with alcohol consumption, whereas the risk of cancers shows a dose dependent relationship. The risk to which an individual is exposed to is also related to a number of factors, including both the amount and the frequency of drinking, but also genetics, and age.

One consistent observation is that the risk of ill health increases with the amount people drink and the number of occasions they drink to excess. Table 4 shows that those drinking at higher risk levels are at much greater risk of developing hypertension (high blood pressure), stroke, coronary heart disease, pancreatitis and liver disease. [[Image:]]

Source: Public Health England (2014) Local Alcohol Profiles for England

25

The overall prevalence of increasing risk drinking in Surrey is approximately 21% which is just above the England average of 20%. Almost one in four adults in Surrey drink at these levels and alcoholrelated health problems tend to present in people aged over 40 years; who are more likely to fall within this category of drinker.

According to modelling by the National Health Intelligence Service, alcohol is estimated to cost the NHS in Surrey over £73.5 million a year. The highest level of cost is related to increasing risk drinking, reinforcing the need to prioritise interventions aimed at reducing alcohol intake within this population.

The table below provides a breakdown of alcohol-related healthcare costs to Guildford and Waverley Clinical Commissioning Group (CCG) and Surrey as a whole. Actual and modelled data estimates the total annual spend on this to be approximately £12.4 million, at a cost of £70 per adult.

Estimated annual cost of alcohol harm to Guildford & Waverley Clinical Commissioning Group

Actual or Guildford

Type of cost (£000s) modelled & Surrey

data Waverley

1. Alcohol-related inpatient admissions:

Wholly attributable Actual data £1,247 £8,094

Diagnosis codes

Partly attributable Actual data £4,379 £27,274

External Cause Wholly attributable Actual data £7.0 £18.7 codes Partly attributable Actual data £346 £2,337 [[Image:]]

Modelled

1. Alcohol-related outpatient visits

data £1,699 £8,676

Modelled

1. Alcohol-related A&E attendances

data £2,183 £12,604

1. Alcohol-related emergency ambulance Modelled

journeys data £2,077 £11,266

Modelled

1. Alcohol-related GP consultations

data £406 £2,076

1. Alcohol-related practice nurse Modelled

consultations data £57 £289

1. Alcohol dependency-prescribed drugs Actual data £4 £19

Modelled

1. Specialist alcohol treatment services

data £251 £1,382

Modelled

1. Other alcohol-related healthcare usage

data £324 £1,654

Total cost (£000s) Various £12,417 £73,736

Aggregated data Adult population (16+) Actual data 176,820 921,517

Cost per adult (£) Various £70 £80

In 2010/11 there were almost one million alcohol related violent crimes and the British Crime Survey 2009/10 revealed that victims believed the offender(s) to be under the influence of alcohol in half (50%) of all violent incidents.

It is estimated that in a community of 100,000 people each year, 1000 people will be a victim of alcohol related violent crime. In addition alcohol misuse is more prevalent among the prison population and is also implicated in the frequency and severity of domestic abuse incidences.

26

Agenda item number: 7

Licensing Committee

Report of Executive Head of Governance

Author: James Dearling, Committee Manager

Tel: 01483 444141

Email: james.dearling@guildford.gov.uk

Date: 18 March 2015

Licensing Committee work programme

Recommendation to Licensing Committee

The Committee is invited to review and approve its current work programme.

Reason for Recommendation:

To ensure that the Licensing Committee has an opportunity to review its work items and programme.

1. Purpose of Report

1.1 The work programme is presented to enable necessary changes to be made and to provide updated information on future meetings. Appendix 1 to this report sets out the Committee’s work programme to date, including any items currently unscheduled.

1. Financial Implications

1. 1. There are no specific financial implications.

1. Human Resource Implications

1. 1. There are no specific human resources implications.

1. Legal Implications

1. 1. There are no specific legal implications.

1. Background papers

Guildford Borough Council Forward Plan.

This page is intentionally left blank

Appendix 1: Work programme for Licensing Committee

	18 March 2015
Item	Details of decision to be taken	Officer
Taxi and Private Hire Licensing Policy: consultation results	The Committee receives consultation results and makes recommendations to Council. Council determines the policy on 14 April 2015.	Justine Fuller, Environmental Health Manager 01483 444370
Licensing of Sex Establishments – Statement of Licensing Policy: consultation results	The Committee considers consultation results and makes recommendations to Council. Council determines the policy on 14 April 2015.	Justine Fuller, Environmental Health Manager 01483 444370
Statement of Licensing Policy – Licensing Act 2003: draft policy	The Committee considers draft policy for consultation. On 15 July 2015, the Committee will consider the consultation results and make recommendations to the Executive. On 1 September 2015, the Executive will prepare the policy for consideration by the Council. Council determines the policy on 6 October 2015.	Justine Fuller, Environmental Health Manager 01483 444370

	21 May 2015
Item	Details of decision to be taken	Officer
Gambling Act 2005 – Statement of Principles: draft policy	The Committee considers draft policy for consultation. On 16 September 2015, the Committee will consider the consultation results and make recommendations to the Executive. The Executive will prepare the policy for determination by the Council on 8 December 2015.	Justine Fuller, Environmental Health Manager 01483 444370

Scrap Metal Dealers Policy: draft policy	The Committee considers draft policy for consultation on 21 May and the consultation results on 18 November 2015. The Executive considers the recommendations of the Licensing Committee and then determines the policy (scheduled for 24 November 2015).	Justine Fuller, Environmental Health Manager 01483 444370
Health and Community Care Enforcement Policy: draft policy	The Committee considers draft policy for consultation on 21 May and the consultation results on 18 November 2015. (If the Committee has responsibility for functions within the policy, the Committee will determine the policy. If Executive functions are referred to within the policy, the Executive will consider and determine such matters.)	Justine Fuller, Environmental Health Manager 01483 444370

	15 July 2015
Item	Details of decision to be taken	Officer
Statement of Licensing Policy – Licensing Act 2003: draft policy consultation results	The Committee considers consultation results and makes recommendations to the Executive. The Executive will prepare the policy for consideration by the Council. Council determines the policy on 6 October.	Justine Fuller, Environmental Health Manager 01483 444370

	16 September 2015
Item	Details of decision to be taken	Officer
Gambling Act 2005 – Statement of Principles: draft policy consultation results	The Committee considers consultation results and makes recommendations to the Executive. The Executive will prepare the policy for consideration by the Executive on 24 November 2015. Council determines the policy on 8	Justine Fuller, Environmental Health Manager 01483 444370
	December 2015.

	18 November 2015
Item	Details of decision to be taken	Officer
Health and Community Care Enforcement Policy: draft policy consultation results	The Committee considers consultation results.	Justine Fuller, Environmental Health Manager 01483 444370

	13 January 2016
Item	Details of decision to be taken	Officer
–

	16 March 2016
Item	Details of decision to be taken	Officer
–