Licensing committee training videos

Introduction

In order to effectively administer the licensing system, it is crucial that members are fully trained before sitting on a committee, and these videos are designed to support that process. These videos focus on some key areas of licensing: alcohol and entertainment, taxi and private hire vehicle, and gambling. The videos are scenario based and we encourage members to watch them, review any supporting materials and reflect on how they would respond, before reviewing the tip sheet for some suggestions of points to consider. However, these videos are just a snapshot of the different aspects of licensing and we would recommend members complete the LGA’s licensing e-learning module, read the LGA’s Licensing Act 2003 - Councillor’s handbook, Councillor Handbook: Taxi and PHV Licensing, and Gambling regulation: Councillor handbook, as well as reviewing materials provided to you by your council.

View the video transcript

Trainer: Hello and welcome to Greenwood Borough Council licensing committee.

In this video I am going to provide a very brief overview of licensing and suggest some key points members of licensing committees should consider when undertaking their role.

This video is one of a series of licensing videos the LGA has commissioned to support councils with the process of inducting new members onto licensing committees.

The other videos are scenario based. You will get the opportunity to look at a scenario and be encouraged to think about how you would approach it, before being given some tips about the type of things licensing committees should consider in each scenario.

In order to effectively administer licensing processes, it is crucial that members are fully trained before sitting on a committee, and these videos are designed to support that process.The LGA has also developed a licensing e-learning module and a number of licensing handbooks to provide members with additional guidance. These provide more detailed information about the main licensing frameworks and are definitely worth reviewing. So, let’s get started!

Licensing makes a crucial contribution to our communities and can support local businesses and protect residents from potentially harmful activities. Licensing authorities are responsible for administering a number of different licensing regimes.

People typically think of councils as licensing pubs and bars, but they are also responsible for licensing everything from hackney carriages and private hire vehicles, pet shops, caravan sites, sex shops, to performing animals and street trading.

Members of licensing committees and sub-committees have important roles in the licensing process. Members and officers need to navigate different licensing frameworks and implement them in a way that makes sense locally.

A core responsibility of licensing committee members is setting local licensing frameworks through an overarching policy document. This will set out how licensable activities, such as gambling, alcohol and entertainment and taxis/PHVs, will be overseen in the local area.

Members also consider applications for licences and are able to accept, refuse, revoke or suspend licences. Members must keep the relevant licensing objectives in mind when making these important decisions, as well as the policies of their authority.

Hearings can also be convened to consider any valid representations concerning applications or existing licences.

The purpose of a hearing is to decide whether granting an application would undermine the licensing objectives, statutory guidance and the authority’s statement of licensing policy, or whether a licence should be revoked. For example, an application in a local area has been made for a new pub. The police has raised objections due to concerns about the potential for anti-social behaviour in the area. In this scenario, a hearing would be held to consider the application and licensing objectives.

Another scenario in which a hearing could be held is where there has been an incident involving a licence holder. If this happens, the committee would need to meet to determine whether the licence should be removed. This can also be called a licence review, which is a specific form of a hearing.

Ultimately, there are three tests that a licensing hearing should meet, regardless of the decision made. Firstly, it should be conducted fairly, so that each party would accept that they have had a fair opportunity to put forward their case, even if they don’t agree with the outcome. Secondly, and linked to that, the hearing should lead to the production of well-reasoned, balanced, and proportionate decisions which will withstand the scrutiny of an appeal. A well-reasoned decision provides clarity to all parties concerned and reduces the likelihood of an appeal. If a decision is appealed, members need to be able to explain their preferred position by giving reasons. Finally, the hearing should ensure that the decision upholds the licensing objectives, whether that is achieved by granting or revoking a licence, or refusing an application for one.

When conducting a hearing, it is really important that members ask lots of questions as this is your main opportunity to scrutinise an application. Questioning witnesses is crucial to understand the full picture of any scenario and really helps with the decision making process.

Licensing authorities are also able to apply conditions to licences. The setting of conditions is one of the most significant ways in which licensing authorities can influence the running of a licensed premises or how taxi/PHV operators run their fleet. However, poorly designed or inappropriate conditions can have the effect of hampering a business and lead to a lack of effective enforcement. Words like "reasonable" "endeavour" and "try" leave room for confusion. Words like "shall" "must" and "will" are far clearer.

The general rule is that conditions should be appropriate, necessary and proportionate. Conditions also need to be clearly worded so that they are enforceable. For example, a licensing committee is concerned that granting a premises licence might lead to an increase in noise pollution and complaints from local residents. To tackle this, they draft the following condition: ‘Windows and doors must be kept closed’.

This is a poorly worded condition which is imprecise and difficult to comply with. A better-worded condition could be: ‘Venue staff shall ensure that (apart from access and egress) all external windows and doors are kept closed when live music is played between 11.00 pm and the closing time of the premises on any day.’ This is more appropriate, as it addresses the particular concern of the prevention of public nuisance objective and is proportionate as it only applying during specific times.

There are a few other principles members should keep in mind in a committee hearing. First, members should be conscious of their body language and maintain a visibly neutral response to the information provided in the hearing. Actions such as shrugs of shoulders, rolling eyes, nodding, and shaking your head can have certain implications, so it is important to think about what these gestures might suggest and try and refrain from using them. Appearance of bias is another issue. As I mentioned, it is important that people feel that their case is heard in a fair manner. Therefore, it is crucial that there is neither actual nor an appearance of bias in its decision-making.

For example, a committee member who lives locally and plays in a band may appear biased if they are in favour of an application by a local pub to vary its premises licence to permit it to play live music. Members should also consider what would constitute a conflict of interest that would preclude them from participating in a particular decision. There is guidance on this in the LGA’s Licensing Act Councillor Handbook.

We are now about to move on to some scenario-based videos. These videos focus on the licensing frameworks in which members have the greatest role: alcohol and entertainment, gambling and taxi and private hire vehicle licensing.

The purpose of these videos is to make you think about the importance of asking relevant questions, making well-reasoned decisions, applying the licensing objectives, and applying proportionate conditions. When watching these videos, please try and think about wider considerations and ask questions based upon what you have seen to get to the bottom of what has happened. Try to think about more open questions, such as has this happened before, or is it an isolated incident, and consider what the officer report indicates, as well as thinking about if there is supporting evidence. Try not to think about some of the smaller details, such as is it a wet or dry pub, or is it in a residential area. Please keep the points raised in this video in mind as you work through the licensing videos. I hope that you find these resources useful.

Alcohol and entertainment licensing

Trigger warning: this video contains some mild scenes of violence and fake blood.

Instruction

Please reflect on this video and think about what questions you might ask at a hearing. You should also review the Old Barge’s conditions and the police representation, which can be seen in the documents accompanying this video. What would your decision on the Old Barge’s licence be? Would you impose any new conditions?  Please note down your ideas before reviewing the tip sheet.

View the video transcript

Pub Scenario

Myles Bennett: Hello how you doing you alright

Bartender: I'm good, you're barred aren't you

Myles B: That was a small misunderstanding sorted all that out

Bartender: You sure I'm sure your face is all over Pub watch

Myles: Nah it was like the other month weren’t it, yeah. All got sorted, promise ya. I’m like Visa love, I’m welcome everywhere.

Bartender: Well, if you say so.

Myles: Yeah, can I get a pint of Neilson please darling

Bartender: Go on then

Woman in pub: So I used to work in a factory right? And there was a guy there called Keth. It took me ages to realise his name was Keith and he was missing an I.

Man in pub: Ahh [laughter] now that’s bad but listen, there’s a guy in my work right? One leg is shorter than the other, so when he walks he kind of bobs from one side to the other, we call him a sniper’s nightmare.

[Myles accidentally pushes against the man in pub and smashes his pint of beer]

Man in pub: Sorry mate, didn’t see you there.

Myles: Yeah, sorry’s cute, but it don’t replace my pint.

Man in pub: Eh, yeah you were a bit close though eh.

Myles: How about you don’t get so saucy in front of your missus, replace my pint before you catch a cold.

Man in pub: Yeah, jog on pal.

[Myles punches the man in pub]

Bartender: Oh god, not again.

[CCTV footage is shown glitching]

Myles: mug

[Woman in pub tries to attack Myles who smashes a glass over her face. She is seen screaming with blood on her head]

Myles: Who else wants it? Mugs.

Bartender: Get out of my pub and don’t come back.

Myles: Shut your mouth.

Training narration

Trainer: Good morning today we are here to review the license of The Old Barge in Greenwood. This review has been requested by the police following multiple incidents relating to crime and disorder over a period between 2021 and 2022. All representations are included as part of the report. We received a representation from a responsible authority in this case the police.

The correct procedures have been followed under the Licensing Act 2003 and the matter is before you today to determine. The choices you will have are:

1. Do nothing accept that the findings in the report and evidence presented do not merit any action

2. Suspend the license

3. Revoke the license

4. Amend the license and or add conditions.

Any decision must be made in writing to reflect your views and be supported by clear enforceable, and proportionate reasoning. Your decision must relate to one of the four licensing objectives:

Prevention of crime and disorder
Protection of children from harm
Prevention of public nuisance and
Public Safety

The conditions that are already in place for this license are set out in your report. Any decision made by this committee may be appealed in the courts. Thank you.

View the police representation View The Old Barge's licence conditions

Premise details - The Old Barge, Greenwood

Licensed activities - Sale by retail of alcohol on/off premises

Permitted hours - Monday to Sunday 12:00pm to 23:00pm

Conditions applicable -

1. Mandatory condition - An age verification scheme, such as Challenge 25 or similar, approved by the licensing authority shall be adopted by the licence holder for verifying under age sales of alcohol. All staff will be trained to understand and use the scheme conditions imposed previously by the licensing authority at the time of application in 2005.

2. The licence holder will actively take part in a "Pubwatch" type scheme approved by the licensing authority where such a scheme exists.

3. A refusals log shall be kept up to date outlining details of any incidents and descriptions of a person where they have been refused sale of alcohol or entry to the premises.

4.The licensee to ensure that each member of staff authorised to sell alcohol is fully aware of their responsibilities in relation to verifying a customer's age and is able to effectively question purchasers and check evidence of proof of age.

5. CCTV shall be maintained in working order, recording clearly the areas of the main bar, entrances and any areas where permitted gaming machines are placed. This shall be as a minimum recorded in HD format and be maintained for a period of not less than 31 days. This shall be made available either via a CD copy or on a digitally encoded USB device.

6. Staff working at the premises shall be trained on the use of this equipment. A signed/dated log shall be kept and made available upon request by the police and/or licensing authority.

7. Staff shall receive training covering the safeguarding of children and other vulnerable groups within 31 days of commencement of employment and a signed record of the training shall be kept and made available to an authorised officer of the police and/or the licensing authority upon request

8. The premises licence holder shall ensure that documented security arrangements are implemented at the premises to discourage the sale and consumption of controlled substances. Security arrangements shall include having a member of staff regularly check toilet and outdoor areas, the date and times of all checks to be recorded and be produced upon request to an authorised officer of the licensing authority or the police. Signage shall also be clearly visible in areas advising patrons that checks are conducted regularly.

View the tip sheet

In considering this scenario, you should have thought about questions that try and establish whether this is a well-run premises that suffered an unfortunate one-off incident, or an indication that the premises is poorly run with little regard for rules and its licence conditions.

Whilst likely to be covered in an officer report, it is essential that a committee member seeks to establish the facts of a case. The following is an example of the sort of questions you should ask:

How long have the current licence holder and designated premises supervisor been in place?
Have there been any previous complaints from other sources, such as local residents?
Who contacted the police?
Has there been any significant change in the style and nature of the premises? For example, has the pub changed from being a family pub to one which seeks to attract a younger clientele? Is it focused on higher alcohol consumption late at night and the use of temporary event music licences? These changes might be significant.

In this scenario, it could be argued that the CCTV did not breach the conditions of the licence (which are detailed in a separate report which accompanies the video). However, it was clear from the video that it did not serve the intended purpose. Did you consider how you could use new conditions to solve this issue? If so, what would your proposed condition look like and what was the reason for it?

It is also crucial to establish why Mr Bennett, the individual who assaulted two customers in the Old Barge, was served alcohol if he was banned from all pubs in the area through the Pubwatch scheme. Asking questions such as the below would assist the committees understanding:

Was he known to staff?
Why did you decide to serve him?
Has he been refused before?
How long has he been banned for?
Does Pubwatch have a notification scheme to let other premises know when a banned person is in the area? If so, did you use the scheme?
If staff had concerns, why did they not check the pub watch register?

It is also important to reflect on the police representation. The statement was vague on what the previous incidents at the pub were. Therefore, you should try and establish if the premises was directly linked to these incidents and ask for further details on previous incidents. For example, a licence review was brought forward after over twenty police incident logs directly referred to a pub. After careful questioning from the committee, it transpired that the pub was at a road junction and also had a bus stop opposite. The committee established that the vast majority of incidents were not attributable to the pub as they were road incidents or anti-social behaviour at the bus stop, but the pub was a clear landmark and therefore referenced in the police reports. After establishing these facts, the committee was able to dismiss the review and take no action against the pub.

However, if your questioning confirms that there have been several incidents of violence in the past year, did you ask what steps the pub has taken to address this? Did you question why there have been so many incidents? It might also be helpful to ask if there is any signage about violence not being tolerated in the premises. You could also ask if the premises has a policy on whether plastic glasses should be used at certain times.

Other questions could have focused on: why the refusals log was not kept up to date outlining the details of this incident. Do the Old Barge’s members of staff need training on their responsibilities under the Licensing Act 2003? If so, what training and how frequent should it be?

Gambling licensing: gaming machine permit review

Instruction

Please reflect on this video and think about what questions you might ask at a hearing. You should also review the police representation, which can be seen in the documents accompanying this video. What would your decision on the Old Barge’s gaming machine permit be? Would you impose any new conditions?  Please note down your ideas before reviewing the tip sheet.

View the video transcript View the police representation View the tip sheet

The first thing to note is that licensing authorities cannot add conditions to gaming machine permits issued either by the council or through the automatic entitlement process (the automatic entitlement process allows alcohol licensed premises to have two category C or D gaming machines without a permit). Nevertheless, the licensing committee has an important role to play in deciding whether or not to remove the permit.

You might have questioned if the pub has an incidents log, or if there have been any reports of underage gambling at this premises before. This question is significant, as establishing if this was an isolated incident or a pattern of behaviour should be a factor in your decision.

It is also important to review your statement of policy. Is your decision in line with the policy, and have you referenced it during the hearing?

Understanding the security arrangements at the premises is also important. Questions could have included: what are the security arrangements of the premises? Should there have been door staff to prevent the girl from entering? Is there any CCTV footage?

Did you explore whether the Old Barge’s staff have had any training on underage gambling? If the staff have not, do they need safeguarding training? Or refresher training on their responsibilities under the Gambling Act 2005?

Did you also ask if the Old Barge participates in a third-party age verification testing scheme? If so, what are the results from this?

Given the offence that was uncovered, did you explore if the amount of gaming permits at this premises should be reduced, or if the permit should be revoked? If you decided to allow the licensed premises to keep their permit, did you consider sending them a written warning?

There may also be some reflections that the licensing authority could have about its own practices. This would be separate from the licensing review, but committee members could reflect on:

Why the girl was not at school and why was she in a pub gambling? This could suggest that the child is in need. Would you expect the licensing authority to take any safeguarding action? Would a referral to the MASH have been appropriate?
If the licensing authority should consider conducting ‘test purchase’ checks to ensure other premises are complying with their obligations under the Gambling Act 2005 and preventing underage gambling?

Gambling licensing: committee hearing

Instruction

Please reflect on the Committee’s questioning and the applicant and lawyers responses. You should also review the representation from the Greenwood Chinese Community Centre, which can be seen in the documents accompanying this video. What would your decision on this licence application be, would you impose any conditions? Please note down your ideas before reviewing the tip sheet.

View the video transcript

Training narration

Trainer: Good morning. Today we are here to determine an application for an adult gaming centre licence on Mahne Street in Greenwood. In considering this application you are reminded of your obligations under the Gambling Act 2005, specifically the aim to permit licence applications, the licensing authority’s statement of principles and local area profile.

The local area profile shows that this application is in an area with a large number of gambling premises. It has also identified that there is a significant number of vulnerable people who live or receive treatment for alcohol or gambling addiction nearby.

The choices you have are:

Grant the licence
Grant the licence with conditions
Refuse the licence

Any decision must be made in writing to reflect your views and be supported by clear, enforceable and proportionate reasoning. Your decision must relate to one of the three licensing objectives, which are:

Prevent gambling from being a source of crime or disorder, being associated with crime or disorder, or being used to support crime
Ensure that gambling is conducted in a fair and open way
Protect children and other vulnerable people from harm and exploitation.

All representations are included as part of the report. We received a representation from the Greenwood Chinese Community Centre, who are concerned about the harms this application might have on members of their community.

Any decision made by this Committee may be appealed in the courts.

Thank you.

Committee scenario

Committee Chair: Well good morning everybody and welcome to the Greenwood Borough Licensing Committee. Now can I please start by asking you to outline how your business case supports three licensing objectives outlined in the Gambling Act 2005?

Adult Gaming Centre advocate (AGC) 1: Complying with the licensing objectives is something very important to us. We seek to protect children from harm by having trained staff present at all times. It will also not be possible to view any gambling activities from outside the premises as our windows will be covered by our branding.

To prevent crime and disorder we will have door staff present in the evenings. The premises for which we are applying for a licence was previously a betting shop and there is no evidence of harm being caused by this premises. We are an experienced operator with no history of regulatory difficulties or complaints.

We believe that we can be trusted to uphold these licensing objectives.

Committee Member 1: Yes, thank you for that overview which was very helpful. I’ve just got some concerns about vulnerability that I’d like to raise. As you know, one of the objectives of licensing is to protect vulnerable and young people from gambling related harms and this features prominently in our statement of licensing principles. So I’m just interested in understanding how you would undertake to check someone who appears to be underage.

Now, in the documents that you gave us prior to the hearing, you mentioned that there would be two members of staff present but you also outlined a long list of tasks that these staff would undertake, including serving drinks and ensuring the smooth running of the facility. So how can you be sure that you won’t, you won’t miss an underage person?

AGC Advocate 1: We would have a doorbell which will alert staff when someone enters. There will always be an experienced member of staff who could conduct age checks.

Committee Member 1: Okay, so could age check is not the same as will be checked, will be age checking, and I’m concerned because there’s a high level of footfall in the area, do you think two members of staff is going to be enough?

AGC Advocate 2: They will conduct age checks. And if we find that my client is unable to undertake the requirements due to staffing such as Challenge 25, we will look again at staffing levels. We are committed to ensuring that our client meets their obligations.

Committee Member 1: Okay, and are you planning on having a place to store luggage? Because we know from our experience that homeless people who don’t actually look homeless come into the facility and they store their luggage there. They use gambling machines, and they ask someone to overlook their belongings. And also, I’ve got concerns about the location because we know there’s a high concentration of potentially vulnerable young people who are receiving treatment in the area. And also, our local area profile shows that there’s a soup kitchen nearby, there’s a drug and alcohol addiction centre nearby and also a Gamblers Anonymous not far away.

AGC Advocate 2: I recognise these concerns. The luggage point is new to us. My client undertakes that he will complete a risk assessment. We also have SIA door staff present and they will be monitoring who comes in and who goes out to the premises.

Committee Member 2: This application is near Chinatown, and we have received a representation from the Greenwood Chinese Community Centre who object to this application on the basis of the harm it may cause to the people who are working in the area late at night. What safeguards will be put in place to protect the customers who may be vulnerable?

AGC Advocate 1: We will have protective literature clearly visible inside the premises and senior members of staff present at all times. As I mentioned earlier, the site was previously a betting shop, and there was no evidence of harm being caused by this premises.

Committee Member 2: Will this literature promised be translated into Mandarin and Cantonese?

AGC Advocate 1: Yes, we will ensure it is.

AGC Advocate 2: My client has committed to ensuring that staff are given the appropriate induction and refresher training that will include specific information regarding the local risks, and vulnerability of people in the area.

Committee Chair: Right well, these premises will have a lot of machines and digital gambling tablets. Now, I am concerned about the risk of a person playing a machine and a tablet at the same time, which could cause significant harm to an individual with gambling addiction. How will you mitigate these circumstances?

AGC Advocate 2: Yes, I would have to agree. Sorry, if I may, I would have to agree that playing on a gambling machine and a tablet at the same time would suggest problem gambling. As I mentioned, there will be staff present. They will be trained on how to spot this and address a situation where somebody appears to be gambling in a harmful way.

Committee Chair: Will alcohol be sold at these premises? I’m worried about the potential alcohol fuelled crime and disorder on the street, particularly as the proposed closing time is very similar to that of local pubs.

AGC Advocate 1: We do not intend to sell alcohol on the premises, so this should not be an issue. We will only provide soft drinks to customers.

AGC Advocate 2: And I should say yes, moreover we have received no objection from the police for this application, and these types of premises rarely cause crime and disorder.

Committee Chair: Right, well thank you very much. We are now going to retire and we shall be back with you very shortly.

View the Greenwood Chinese Community Centre representation View the tip sheet

Given the aim to permit in the Gambling Act 2005 and that the committee’s questioning did not identify any clear reasons why granting the licence would conflict with the licensing objectives, it is likely you decided to grant this licence application.

However, there may have been a number of conditions that you could have decided to add to this licence. Would you have considered conditions which:

Stipulate how many members of staff need to be present at certain times of the day
Require staff to conduct a risk assessment when someone wants to leave luggage in the premises
Mandate protective literature to be made available in English, Mandarin and Cantonese
Specify the opening hours of this premises
Require the premises to participate in a third-party age verification testing scheme.

During the hearing, the committee members focused on local factors that may mean some members of the community are at a greater risk of gambling related harms. Evidence suggests that certain groups are more vulnerable to problem gambling including children and young people, people with mental health issues, certain minority ethnic groups, the unemployed, homeless people, those with low intellectual functioning, people with financially constrained circumstances and those living in deprived areas. Licensing has a particularly important role to play in tackling gambling harms, and your licensing policy should clearly set out expectations of gambling businesses and some licensing authorities also have local area profiles which highlight local gambling risks. Committee members should refer to these resources during a hearing.

Beyond licensing, many council service areas come into contact with people experiencing or impacted by harmful gambling, including children’s, family and adult services, treatment services, homelessness and wider housing services and financial inclusion services. The LGA has produced guidance on taking a whole council approach to tackling gambling related harms, which may be of interest.

It is also important to carefully consider your statement of policy when making a decision, as well as your local area profile. Your decision should be in line with the policy and if you have departed from it, you should be able to clearly explain why.

Taxi and private hire vehicle licensing

Instruction

Please reflect on this video and think about what questions you might ask at a hearing. You should also review the driver’s letter, which can be seen in the documents accompanying this video. Would you impose any conditions on the driver? What would your decision on his licence be? Please note down your ideas before reviewing the tip sheet.

View the video transcript

Taxi scenario

Colin Jones: [on phone] Hello.

Barney (on other end of phone): Oh hi Colin, it’s Barney from Quick Mortgages. Yeah. Bad news I’m afraid. The bank’s come back and they won’t accept you as a sole borrower based on declared income. And to be honest, I don’t think the rest of the panel will touch it either.

Colin: Right, so I’ve got to sell the house then.

Barney: Yeah, it’s looking that way, I’m afraid. Yeah.

Colin: Right, okay. Thanks for nothing mate. Look, I’m going to have to go my next fare is here.

[Hangs up phone]

Colin: Where to?

Passenger 1: Err, Sainsbury’s please mate.

Colin: What? The one just round the corner?

Passenger 1: Well yeah I’ve got quite a lot to get.

Colin: Right. Do you want me to wait?

Passenger 1: Erm, no. You’re alright, don’t worry.

Colin: Right.

Colin: Alright, there you go, Sainsbury’s.

Passenger 1: Yeah, but I mean, that’s all the way over there mate.

Colin: Ah, it’s just I’m going to get stuck in the one way system going round that side, can you not just hop across?

Passenger 1: I wanted to go to Sainsbury’s, not run the London Marathon mate.

Colin: Alright, whatever you say gov.

Colin: Right, that’s £4.10 please pal. £3 for the callout and £1.10 for the distance.

Passenger 1: Cool. [pulls out lots of small change and counts it out]. Twenty, fourty, sixty…

Colin: Are you joking?

Passenger 1: I run gaming machines mate, money’s money right. Oh, I’ve lost count. Um, twenty, fourty, sixty, eighty, one…twenty, fourty, sixty…

Colin: Anytime today pal.

Passenger 1: One eight, oh…here you go mate.

Colin: Oh marvellous…you alright?

Passenger 1: Yeah, just err my change. It’s £4.10 I give you £4.20 so you owe me 10p.

Colin: Er, do you know what? [Throws change at passenger] Here you go. This one’s on me. Thank you. Goodbye.

Passenger 1: Wow.

Colin: Goodbye, get out. Come on!

Passenger 1: Wow, you shouldn’t…

Colin: Anytime today mate.

Passenger 1: You shouldn’t be in this job.

Colin: Yeah I agree. Get out my car.

Passenger 1: What is your problem mate. I’ll be complaining about ya.

Colin: Yep, please do. Please do.

Passenger 1: Wow.

Colin: You still here?

Passenger 1: Cool, thank you.

Colin: Yep.

Passenger 1: Absolute joke.

Colin: Slam the door harder next time, eh.

Passenger 1: [Taking photograph of taxi] You haven’t heard the last of this mate. Unreal.

[Colin picks up a new passenger who can’t see where the taxi is as she’s blind]

Colin: Taxi for Jade. Taxi for Jade. Jade? Oh my god (sigh). Second useless one this week.

[Jade struggles to find the taxi and enter it]

Jade: I’m blind not deaf by the way.

Colin: Where to?

Jade: Station. Thanks.

Colin: Station.

Jade: Can you tell me where the entrance is.

Colin: Just across the road.

Jade: I can’t see.

Colin: Follow the pavement. There’s a crossing right in front of you.

Jade: Yeah, thanks a lot.

[Another passenger enters the taxi as Jade’s still leaving]

Passenger 2: Hey, oh good you’re early.

Colin: Yeah hop in mate.

Passenger 2: I hadn’t booked you for another 10 minutes.

Colin: Where to pal?

Passenger 2: Purkiss road please.

Training narration

Good morning.

Before you today is an officer referral to determine the driver licence held by Colin Jones following a serious set of incidents on 5 April 2022.

We received two complaints from members of the public relating to abusive and threatening behaviour.

The first complaint relates to the driver displaying abusive behaviour towards a passenger regarding his method of payment and his request to be dropped off closer to his destination.

The second complaint relates to the driver’s lack of assistance towards a passenger with a visual impairment. No assistance exemption is in place or has ever been requested by the driver. It is alleged the driver inferred that the passenger was not welcome in the vehicle due to her disability.

Following these complaints to the licensing team and following an investigation, including interviews with the complainants and the driver, there appears to be a case to answer and therefore the matter comes before you today to determine.

In considering this officer referral you are reminded that the overriding objective is that of protection of the public which is reflected in the authority’s licensing policy; the driver’s obligations under the Equality Act 2010, and the Government statutory guidance issued in June 2020. Legislation and statutory guidance is clear that a licensing authority must be satisfied that a driver is a fit and proper person to hold a licence.

Members should note the letter submitted to the Committee by the driver apologising for his behaviour and outlining some difficult personal circumstances which, he says, contributed to his behaviour on the day of the incidents. Members should also note that this is the first time we have received complaints about the driver.

In reaching a decision you will have the following options available to you:

Take no action
Revoke the licence
Suspend the licence for a period up to the length of the current licence

Any decision must be in writing and reasonable and proportionate to the matters before you today. It must be considered on its individual merits.

Any decision made may be appealed in the courts.

View Colin Jones' letter View the tip sheet

Your role is to consider the evidence on the "balance of probability" along with the key objective of "protecting the public".

Your decision should also promote the statutory standards and apply the fit and proper person test. You should think about how your decision would demonstrate this. Did you reflect on whether, knowing what you know, you would be happy for your son/daughter/wife/husband/partner to be transported by this driver? If you would not be happy for the driver to transport someone you care for, the licence should be revoked.

Other questions could have focused on if the driver has fulfilled his obligations under the Equality Act? It is important to ask questions to establish why no assistance was offered and whether this was his normal approach. If the driver’s answer to your questions suggest he behaved in a discriminatory manner, the licensing committee should take action against the driver.

You should also question if he has had sufficient disability awareness training. If not, does he need refresher training? If he has had training (which would be a defence in the first instance), you should ask questions around what he understands from the training. This is important to establish whether his actions were wilful ignorance and/or discrimination, or a genuine lack of understanding. You could ask questions such as:

When did you receive training?
What did it cover?
Why do you think this training is required?
Explain what it means to you in your role as a driver?

You might want to ask if the driver requires an assistance exemption? He may not have applied for one, but he might not have known it was possible to request one.

Did you consider the driver’s letter (which is included in the materials accompanying these videos)? Are you satisfied that he is sorry for his behaviour and that he will address this in the future?

In reaching a decision, have you compared it with your licensing authority’s policy and the relevant legislation and statutory guidance? This is an important step. For example, you should not decide to take no action against the driver just because he is the sole earner in his household and it will affect his family, because this is not a public safety objective and it is not a proper application of the fit and proper person test.

If you have departed from your policy or guidance, have you explained why? This is important as departing from policy should only be done in exceptional circumstances. If you have remained within policy and guidance, have you explained why?

Community safety and safeguarding

Instruction

Please reflect on this video and think about what licensing authorities can do to assist and give confidence to licence holders to report any safeguarding concerns. You should consider:

How can your policy be used to support both licensees and vulnerable people?
What training, if any, should be available? Should it be mandatory?
Should the licensing authority have information available to support licensees who may have safeguarding concerns? If so, what should this look like and what should it include? How should this be promoted? What routes should be available for licensees to pass on concerns? Is this the responsibility of the council, or a joint responsibility with other bodies, such as the police?
Should these approaches be implemented via enforcement or education, or both?
And finally, do your licensing officers feel confident about the referrals they should make in the event of a safeguarding incident, and how can you support them?

Once all this has been considered, we would encourage you to compare your decisions to your own licensing authority’s policies and practices. Are you satisfied with them? Please note down your ideas before reviewing the tip sheet.

View the video transcript

Trainer: Thank you for watching and discussing the videos. I hope it has demonstrated the importance of asking a range of considered questions and reaching well-reasoned and proportionate decisions, that can stand up to a challenge in court.

Before moving on to the next videos, it is useful to reflect on whether your outcomes would be the same if the licensing scenarios ended differently?

So, would you have reached the same decision if Colin, our taxi driver, had displayed similar behaviour in the past and there were previous allegations of aggressive behaviour and alleged discrimination, even if no disciplinary action had been taken?

Would your decision on the Old Barge’s licence have been the same if the fight and underage gambling was only a one-off incident?

A pattern of behaviour, which can be established through your questioning, can be an important consideration in licensing decisions.

Licensing is vital to community safety and licensees can have an important role to play in safeguarding across a range of areas, both directly and indirectly.

You will now watch a video focussed on county lines drug trafficking.

You will see two endings of a video where Craig, our taxi driver, takes different courses of action.

We will then go back to our scenario in the Old Barge, where there is a young girl using a gaming machine. In this alternative ending, the pub is demonstrating its safeguarding obligations.

[Craig the taxi driver pulls up to a curb sign where a young boy is waiting]

Craig: Are you Jaden? Ok.

Jaden: We’re going to all these bruv, wait for me yeah? [Passes Craig a sheet]

Craig: Ok. [Looks at sheet] There’s six stops on here?

Jaden: Whatever.

Craig: Well, that fixed price is out the window. I’m going to have to run the metre, alright?

Jaden: Yeah whatever.

[Craig drives along, then stops and Jayden goes on his phone]

Craig: Ok do you want dropping here?

Jayden: Yep.

Craig: You going to be long?

Jayden: Collecting homework.

Craig: Ok.

[Jayden gets out of the car then following a short time sprints back to the taxi and gets in]

Jayden: Bruv, drive drive!

Craig: You ok, what’s the matter with you?

Jayden: Nothing, nothing.

[Jayden makes a phonecall]

Jayden: Yo, yeah fam, you know Triggz tried to jump me? Nah, said tried to fam, way too fast for him big man. I told him we’ll be back, and not just me. Ah sweet, love. [Hangs up].

Craig: Oh, some homework, was that a drama project…okay. It’s nothing to do with me.

[Jayden hops out at his next stop, and delivers something to a man outside the Old Barge pub].

Bartender 1: There’s that kid again from last week.

Landlady: Oh really? Can you see anything?

Bartender 1: Not really.

Landlady: I might have to ring licensing, that’s like the third or fourth time now.

[Transition to the alternative ending with safeguarding responsibilities demonstrated]

[Jayden is in the taxi on the phone]

Jayden: Yo, yeah fam, you know Triggz tried to jump me? Nah, said tried to fam, way too fast for him big man. I told him we’ll be back, and not just me. Ah sweet, love. [Hangs up].

Craig: Wow, that’s some homework, what is it a drama project? What school do you go to?

Jayden: I’m not from around here, just visiting my aunty.

Craig: Oh okay. Where does she live then, I can drop you if you want.

[Jayden puts his headphones in and Craig pulls up to the Old Barge].

Jayden: Wait here yeah?

Craig: Ok.

[Craig makes a phonecall]

Craig: Yeah, hello, licensing? It’s Craig’s taxi. Yeah, I’ve just dropped this lad off at the Old Barge, we’ve just been on a tour of the town, loads of different stops. He’s only a young lad, it looks like he might be in trouble. It looks really dodgy.

[Transition to an alternative ending where the landlady of The Old Barge demonstrates safeguarding obligations]

[Young girl is seen playing on the gambling machine, and gets a phone call]

Young girl: All right babes. Yeah, are you going to Kayleigh’s birthday tonight? No it’s her fourteenth. Can you get vodka? Ok, make sure Josh is there, he’s well fit. Nah, I told them I’m staying at yours. Ok bye. [Hangs up the phone].

Bartender: She looks a bit young, doesn’t she?

Landlady: She does, is she with anyone? If you have a look around, I’ll go and have a chat with her.

[Landlady talks to the young girl]

Landlady: You alright there mate?

Young girl: Yeah.

Landlady: Come over here. You okay, you with anyone?

Young girl: Fine thanks. I’m meeting them here in a bit.

Landlady: Yeah you’re a bit young to be here playing the fruity especially, it’s over 18’s only. When’s your date of birth?

Young girl: Fourth of June.

Landlady: What year?

Young girl: Every year.

Landlady: Yeah, you’re too young to be in here my love. Can we give someone a call to come and pick you up. I’ll get you a glass of water, hold on stay there.

[End of scene]

Trainer: These scenarios demonstrate the positive impact that licence conditions and policies can have on promoting community safety.

Whilst many licence holders would take a positive course of action, there are some that would not feel confident or have the knowledge to respond to safeguarding concerns.

So, what is your role in helping them?

Please consider what licensing authorities can do to assist and give confidence to licence holders to report any safeguarding concerns.

You should consider:

How can your policy be used to support both licensees and vulnerable people?
What training, if any, should be available? Should it be mandatory?
Should the licensing authority have information available to support licensees who may have safeguarding concerns? If so, what should this look like and what should it include? How should this be promoted? What routes should be available for licensees to pass on concerns? Is this the responsibility of the council, or a joint responsibility with other bodies, such as the police?
Should these approaches be implemented via enforcement or education, or both?
And finally, do your licensing officers feel confident about the referrals they should make in the event of a safeguarding incident, and how can you support them?

Once all this has been considered, we would encourage you to compare your decisions to your own licensing authority’s policies and practices. Are you satisfied with them?

Tip sheet

Taxi and PHV drivers may encounter children who are at risk of exploitation/ being exploited. This video focuses on county lines, but it is important to recognise other types of exploitation could occur, such as child sexual exploitation and domestic servitude of children, and that these forms of exploitation are often interconnected. Any child from any background could be at risk of exploitation and it is crucial that licensees are aware of this, understand the warning signs (such as children travelling alone in a taxi or PHV, possibly during school hours, or being unfamiliar with the local area), and how to report their concerns. This is why many councils make safeguarding awareness training a mandatory part of the licensing application process, which the LGA supports. This is also a key recommendation of the DfT’s statutory standards. Where training is in place, drivers feel more confident to report safeguarding concerns, like Craig, the taxi driver in our video, who called his local licensing team. By doing this, services would be able to intervene and offer the young person support.

Your local safeguarding boards also have an important role to play in licensing. Licensing committee members should, via your officers across the authority, ensure that your safeguarding boards understand the role that licensing can play in their discussions. This video focuses on taxi/PHV licensing, but other areas of licensing, such as alcohol and entertainment or gambling licensing, also play an important role in safeguarding, for example, by ensuring consideration is given to measures which reduce any negative impacts of licensed premises being near schools or parks where children play. Your licensing officers should also be fully engaged with relevant safeguarding discussions, both within the council and wider groups – for example, they should attend Multi Agency Child Exploitation (MACE) meetings where appropriate, or participate in contextual safeguarding discussions focusing on risks to children outside of the home, for example in premises or specific locations. This is particularly important in two-tier areas, with licensing located in the districts and children’s services in the county council. A number of serious case reviews have highlighted a failure of communication between the two-tiers of local government as a contributing factor to child exploitation going undetected.

If allegations of county lines, child sexual exploitation or other serious offences are made, then your council should have in place procedures to allow a rapid response. In the most serious cases, if the allegation is against a driver, it will not be appropriate to wait until a licensing committee or sub-committee can be held. Councils should consider how they can structure their scheme of delegations to enable the effective use of immediate powers of suspension and revocation in appropriate cases. More generally, licensing officers should regularly remind all licensees of the important role they can play in safeguarding, for example, sharing intelligence with the police to support the disruption of exploitation, and how to report any concerns. This could be through the authority’s statement of licensing policy, inspections or enforcement activity.