Licensing news flashes

What's new in licencing - an update of any new changes in licensing, press releases etc.

Sex Establishment Licensing Policy Review - Public Consultation

East Riding of Yorkshire Council's Sex Establishment Licensing Policy is now due for its routine review. The policy was last updated and approved in April 2019.

Suggested amendments have been made to the attached revised policy (these are shown in track changes on the document), these are administrative in nature, seeking to remove descriptions where these exist within the legislation and the clarification that right to work documentation will be required at the time of application.

Sex Establishment Licensing Policy -1 April 2024 draft (pdf 740kb)

The revised drafted policy is now open for public consultation, should you wish to make any comments on the revised policy please do so in writing no later than 4 February 2024.

Please email: licensing@eastriding.gov.uk for the attention of Louise Wilson, Health Safety and Licensing Manager, or alternatively you can write to:

Louise Wilson, Health, Safety and Licensing Manager
Licensing Team
County Hall
Cross Street
Beverley
HU17 9BA.

Bouncy Castles and Similar Inflatable Devices Safety

There have been a number of fatalities and serious incidents nationally in recent years where bouncy castles and similar inflatable devices have collapsed or blown away in windy or adverse conditions. The council's Health, Safety and Licensing Service are currently running a safety campaign to improve the safety and management of inflatable amusement devices by increasing the level of awareness of the risks, safety and management best practice.

Health and Safety law applies to the supply, hire and use of inflatables for commercial purposes. The council has produced guidance documents covering best practice for businesses hiring devices and details their responsibilities included testing of equipment, ensuring they carry out risk assessments and comply with the appropriate safety legislation and ensuring their devices are correctly insured.

ERYC HSL Inflatables Guidance (Operators) (pdf 115kb)

Hirers such as event organisers can take simple precautions to help avoid serious incidents. The council has produced guidance documents covering best practice for hirers which includes who's responsible, what to check before hiring and what checks to carry out on the day of hiring.

ERYC HSL Inflatables Guidance (Hirer) (pdf 565kb)

Council officers will be carrying out safety spot checks on bouncy castles and similar inflatable devices over the coming months to check and have powers to take action against businesses that are failing to comply with the law.

For further advice or to report any concerns please contact health.safety@eastriding.gov.uk.

Scrap Metal Dealers Act 2013 HMRC Tax Conditionality

From 4 April 2022, Licensing Authorities must carry out certain checks on applications from individuals, companies and any type of partnership to make sure they are aware of their tax responsibilities or have completed a tax check.

New applications will not need to complete a tax check however we must ask them to read the HMRC guidance (link below) what they need to do to be properly registered for tax in the future and they will need to confirm that they have done this.

GOV.UK - HMRC Complete a tax check for a taxi, private hire or scrap metal licence (external website)

Existing licence holders will have to obtain a tax check access code from the HMRC and submit this on the renewal application. By law the Local Authority must return any renewal application that is submitted without a valid HMRC tax check access code, for more information on this check please read the below question.

Please be aware that under schedule 23 to Finance Act 2011 (Data Gathering Powers) and Schedule to 36 to Finance Act 2008 (Information and Inspection Powers) the HMRC have powers to obtain relevant information from third parties. This includes licensing bodies being required to provide information about licence applicants.

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