Agenda and minutes

Members are reminded of their obligation under the Council’s Code of Conduct to disclose any Disclosable Pecuniary Interests and Other Significant Interests in any matter(s) to be considered or being considered at the meeting. These are explained in the Code of Conduct on the Council’s website at Code of conduct for members – Tonbridge and Malling Borough Council (tmbc.gov.uk).

Members in any doubt about such declarations are advised to contact Legal or Democratic Services in advance of the meeting.

There were no declarations of interest in accordance with the Code of Conduct.

To confirm as a correct record the Minutes of the meeting of Licensing and Appeals Committee held on 10 June 2025

RESOLVED:  That the Minutes of the meeting of the Licensing and Appeals Committee held on 10 June 2025 be approved as a correct record and signed by the Chairman.

To receive the Minutes of the meetings of the Licensing and Appeals Committee sitting as a Panel:

• 23 June 2025 in respect of a Premises Licence Hearing
• 30 July 2025 in respect of two taxi hearings
• 6 August 2025 in respect of a Premises Licence Hearing
• 13 August 2025 in respect of two taxi hearings

RESOLVED:  That the Minutes of the meetings of the Licensing and Appeals Committee sitting as a Panel held on 23 June, 30 July, 6 August and 13 August 2025 be received and noted.  

The responsibility for setting the licensing fees and charges for 2026/27 is with the Licensing & Appeals Committee. This report gives details of the proposed Licensing fees and charges for 2026/27.

The report of the Director of Planning, Housing and Environmental Health provided details of the proposed Licensing fees and charges for 2026/27.  Members were reminded that this responsibility was delegated to the Licensing and Appeals Committee.

A set of guiding principles for the setting of fees and charges had been taken into account and reflected the Borough Council’s strategic priorities and other corporate aims, had due regard to the Medium-Term Financial Strategy and maximised income subject to market conditions, opportunities and comparable charges elsewhere.

Consideration was given to the proposed scale of fees for licences, consents and registrations detailed in Annex 1 of the report and due regard was given to the financial and value for money considerations, the legal implications and assessment of risk.  

Members attention was drawn to the provision under the Local Government (Miscellaneous Provisions) Act 1976 that in respect of hackney carriage and private hire drivers that should the Borough Council determine that the fees be varied, the variation proposed should be publicised and a 28-day period allowed for any objections to the fee increases to be made.   Under this provision any objections received would be reported to the Licensing and Appeals Committee as soon as possible.

In recognition of the Borough Council’s overall financial position,  the increasing challenge in achieving further expenditure savings and taking opportunities to maximise income, Cllr Williams proposed, Cllr Tunstall seconded and it was

RESOLVED:  That

(1)            the proposed scale of fees for licences, consents and registrations, as detailed in Annex 1, be adopted with effect from 1 April 2026; and

(2)            any objections received in respect of the proposed variation to Hackney Carriage and Private Hire Drivers fees be reported to the Licensing and Appeals Committee as soon as possible.

The current Policy on Licensing Sex Shops, Sex Cinemas and Sexual Entertainment Venues has been reviewed.  There have been no legislative updates, however following recent case law it is proposed to consult on renewing the current policy which will then run for five years.

Following a review of the Policy on Licensing Sex Shops, Sex Cinemas and Sexual Entertainment Venues, the report of the Director of Planning, Housing and Environmental Health proposed a consultation on renewing the current policy.

The current policy was attached at Annex 1 for consideration.  A pool of model conditions was also attached at Annex 2 for information.  Whilst there had been no recent legislative changes which required the Policy to be amended it was felt appropriate to undertake a public consultation prior to it be renewed for a further five-year period.

In recognition of promoting consistency to the benefit of Licensees, potential licensees, businesses, residents and to regulatory agencies, such as the police, Cllr Williams proposed, Cllr Tunstall seconded and it was

RESOLVED:    That

(1)             the Policy (attached at Annex 1) be approved for public consultation from 1 December 2025 until 27 February 2026;

(2)             any objections arising from the public consultation be brought to the attention of the Committee in March 2026; and

(3)             if there were no responses arising from the public consultation, delegated authority be granted to the Director of Planning, Housing and Environmental Health to approve the Policy.

The current policy on Street Trading has been reviewed.  It is proposed to consult on renewing the current policy which will then run 2026-29.

The report of the Director of Planning, Housing and Environmental Health proposed that public consultation be undertaken on the current Street Trading Policy, which would then operate from 2026-2029.

Members were advised that renewing and implementing this Policy could make the Borough an attractive place to trade whilst ensuring street traders complimented the local businesses and offered quality goods and services to residents.

In recognition of maintaining this potential revenue stream and ensuring an efficient service for residents, Cllr Williams proposed, Cllr Tunstall seconded and it was

RESOLVED:    That

(1)             the Policy (attached at Annex 1) be approved for public consultation from 1 December 2025 until 27 February 2026;

(2)             any objections arising from the public consultation be brought to the attention of the Committee in March 2026; and

(3)             if there were no responses arising from the public consultation, delegated authority be granted to the Director of Planning, Housing and Environmental Health to approve the Policy.

To discuss the granting of a licence to Uber Brittania Limited to operate as a Private Hire Operator in Tonbridge

Members were advised that, following the submission of all required documentation and fees and in accordance with Borough Council policy,  a private hire licence had been granted to Uber Brittania Limited to operate in Tonbridge.

The Committee were assured that Uber’s system allocated jobs to the most local and appropriately licensed driver, prohibited drivers from using their own operator licences on the Uber platform and did not allow subcontracting.  This ensured compliance with local licensing standards.  New applicants were also required to complete the Borough Councils ‘knowledge test’, provide evidence of right to work and driving experience, complete online training, safeguarding and disability equality training, a driving assessment, medical check and a DBS check. 

Concern was expressed in respect of Uber’s business model and the impact on local drivers.  However, Members recognised that the Borough Council, as the licensing authority, was legally required to grant the licence if all criteria had been met.

An update to be provided (if required) on a potential review of the Policy.

Reference was made to a recent request from a Taxi Operator in Tonbridge to review the Borough Council’s policy in respect of tinted windows for licensed vehicles.

Members supported a review of the Hackney Carriage and Private Hire Licence Policy to ensure consistency with neighbouring authorities, fairness for all operators and alignment with national standards.  The commitment of Officers to review the current policy in respect of tinted windows and present a revised version to the Committee as soon as possible was welcomed. 

The Chairman to move that the press and public be excluded from the remainder of the meeting during consideration of any items the publication of which would disclose exempt information.

There were no items considered in private.