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LICENSING COMMITTEE

 

Minutes of a meeting held on 13th September, 2011.

 

Present:  Councillor J.W. Thomas (Chairman); Councillor Mrs. A.J. Preston (Vice-Chairman); Councillors Ms. M.E. Alexander, Mrs. S.M. Bagstaff, J.F. Fraser, A.D. Hampton, Mrs. V.M. Hartrey, K. Hatton, C.L. Osborne, Mrs. M.R. Wilkinson and E.T. Williams.

 

 

354     APOLOGIES FOR ABSENCE -

 

These were received from Councillors J. Clifford, G.A. Cox, E. Hacker and N. Moore.

 

 

355     MINUTES OF THE LICENSING SUB-COMMITTEE -

 

RESOLVED - T H A T the following minutes of the Licensing Sub-Committee be noted:

 

            20th June, 2011

            28th June, 2011.

 

 

356     MINUTES -

 

RESOLVED - T H A T the minutes of the Licensing Committee meeting held on 6th July, 2011 be approved as a correct record.

 

 

357     DECLARATIONS OF INTEREST -

 

No declarations were received.

 

 

358     AMENDMENT TO HACKNEY CARRIAGE CONDITION 15 (DLPPHS) -

 

The report sought Committee approval to amend the wording of the Hackney Carriage Vehicle Condition No. 15.  The Hackney Carriage Conditions had been adopted by the Licensing Committee on 29th April 2008.  Hackney Carriage Condition 15 stated that the vehicle shall be fitted with a switch on or near the dashboard to enable the driver of the vehicle to extinguish the sign light when the vehicle was not plying for hire.  It had recently come to the attention of the Licensing Section that some meters were able to extinguish the meter light directly from the meter itself and it would seem unreasonable to expect proprietors to fit a further switch on or near the dashboard.  The report therefore requested Members to consider adopting an amendment to the existing condition. 

 

RESOLVED - T H A T Condition 15 be amended to read “The vehicle shall be fitted with a switch on or near the dashboard or on the meter to enable the driver of the vehicle to extinguish the sign light when the vehicle is not plying for hire”.

 

Reason for decision

 

To assist the Alps Testing Depot in interpreting and applying Hackney Carriage Condition 15 in a consistent manner.

 

 

359     HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLES ADDITIONAL CERTIFICATION REQUIREMENTS FOR MODIFIED VEHICLES (DLPPHS) -

 

Committee approval was sought for the proposed requirement that vehicle safety certification be provided to the Licensing Authority by proprietors of Hackney Carriage and Private Hire Vehicles which had been modified or converted following manufacture.  Members were advised that proprietors were able to buy vehicles that were suitable for modification prior to licensing them as either a Hackney Carriage or Private Hire Vehicle and must be compliant with Section 48 of the Local Government (Miscellaneous Provisions) Act 1976. 

 

The Principal Regulatory Services Officer advised that to date vehicles that had been modified and presented to the Licensing Section for licensing had included vehicles with extra seats added or with seats removed.  Some vehicles were also being purchased as a shell with no seats fitted at all and  with seats being added at the point of sale or after purchase.  At present the Licensing Section licensed seven such vehicles, the details of which were attached at Appendix A to the report.  It was important to note that where a vehicle had modifications it was imperative that the Local Authority received confirmation that the modifications had been carried out to a safe standard prior to the issuing of a licence for the vehicle.

 

Licensing officers, in consultation with the Department for Transport (DFT), the Vehicle and Operating Services Agency (VOSA) and the Driver and Vehicle Licensing Agency (DVLA) had introduced additional requirements for proprietors wishing to licence modified vehicles.  In order for the Licensing Authority to be satisfied that the standard of work undertaken during the modification of the vehicle met current safety legislation standards, proprietors would have to submit one of the following documents prior to a licence being issued:

 

(i)         EC Whole Vehicle Type Approval

(ii)        National Small Series Type Approval

(iii)       Certificate of Conformity

(iv)       Individual Vehicle Approval

(v)        Single Vehicle Approval.

 

Where the above certificates were not available due to the modifications being undertaken following the sale of the vehicle, proprietors would be required to undertake a Voluntary Standard Single Vehicle Approval with a Vehicle and Operator Services Agency (VOSA) Inspector. 

 

The report stated that the nearest VOSA testing station was at Llantrisant and the cost to the proprietor was currently £190 plus VAT. The vehicle proprietor would be required to provide a copy of the letter of compliance to the Licensing Authority which would be held on the vehicle’s file. 

 

Mr. Mort, a vehicle proprietor who was present at the meeting, spoke with the permission of the Committee advising that the difficulty for some proprietors was that on occasions it took some time to arrange for the Inspector to inspect the vehicle and requested that the Council take this into consideration when licences for modification needed to be arranged.  The Principal Officer stated that each application for licence would be considered on its own merit and that subject to Committee approval letters would be sent to all proprietors advising of the requirements during the month of September.

 

Having considered the report and the representations made at the meeting, it was

 

RESOLVED -

 

(1)       T H A T the proposal that vehicle safety certification be provided to the Licensing Authority by proprietors of Hackney Carriage and Private Hire Vehicles which had been modified or converted following manufacture be approved.

 

(2)       T H A T officers be requested to ensure proprietors are provided with a reasonable amount of time to implement condition (1) above.

 

Reason for decisions

 

(1&2)  To improve compliance with Section 48 of the Local Government (Miscellaneous Provisions) Act 1976 and in order for the Licensing Authority to be satisfied that the standard of work undertaken during the modification of the vehicle met current safety legislation and standards.

 

 

360     SEX ESTABLISHMENT LICENSING POLICY (DLPPHS) -

 

The Council had resolved on 28th February 2011 to adopt Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 as amended by Section 27 of the Policing and Crime Act 2009 and that the Schedule 3 functions be delegated to the Licensing Committee and that officers develop a Sex Establishment Licensing Policy for consideration by the Licensing Committee.  On 5th April 2011 the Licensing Committee approved the draft Sex Establishment Licensing Policy for consultation and on 1st June 2011 the Licensing Committee approved a suite of conditions and fees.  The draft Sex Establishment Licensing Policy was subject to a 12 week consultation process which had been completed on Monday 4th July 2011.  The comments and amendments were detailed at Appendix B to the report. 

 

Having considered the report, it was

 

RESOLVED -

 

(1)       T H A T the Sex Establishment Licensing Policy at Appendix A to the report be endorsed.

 

(2)       T H A T the amendments arising from the consultation detailed at Appendix B to the report be noted.

 

(3)       T H A T the approved Sex Establishment Licensing Policy be referred to Cabinet for information.

 

Reason for decisions

 

(1-3)    To ensure that the Council had in place a Sex Establishment Licensing Policy which had been developed in line with the Vale of Glamorgan Council’s Public Engagement Framework and the HM Government Code of Practice on Consultation.

 

 

361     HOUSE TO HOUSE COLLECTION APPLICATION - SUPPORT HOLLIES SCHOOL LTD FOR HOLLIES ACTION GROUP - MR. ALEKSEJ PLACHTEJ (DLPPHS) -

 

The Council had been informed that Mr. Plachtej was unable to attend the meeting on this occasion and it was requested that the matter be deferred for consideration. 

 

RESOLVED - T H A T the report be deferred for consideration to the next meeting of the Licensing Committee.

 

Reason for decision

 

In order that Mr. Plachtej may be able to attend the Committee.

 

 

362     EXCLUSION OF PRESS AND PUBLIC -

 

RESOLVED - T H A T under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Part 4 of Schedule 12A (as amended) of the Act, the relevant paragraphs of the Schedule being referred to in brackets after the minute heading.

 

 

363     APPLICATION FOR HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE DRIVER’S LICENCES - B. (DLPPHS) (EXEMPT INFORMATION PARAGRAPHS 12, 13 AND 14) -

 

 

The purpose of the report was to interview and determine whether or not B. was a fit and proper person to hold a Vale of Glamorgan Hackney Carriage and Private Hire Driver’s Licence.  B. was in attendance and the Committee was informed of matters relating to a CRB disclosure. 

 

Having regard to the content of the report, the information provided by officers and the representations made by B. at the meeting, it was

 

RESOLVED - T H A T B. be considered a fit and proper person to hold a Hackney Carriage and Private Hire Vehicle Driver’s Licence.

 

Reason for decision

 

Having regard to the information presented.

 

 

364     APPLICATION FOR HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE DRIVER’S LICENCES - K. (DLPPHS) (EXEMPT INFORMATION PARAGRAPHS 12, 13 AND 14) -

 

Consideration was given to the above matter as to whether K. could be determined as a fit and proper person to hold the Vale of Glamorgan Hackney Carriage and Private Hire Driver’s Licence.  Committee was advised that K. had previously held for a licence and following information that K. had pleaded guilty at a Magistrate’s Court for plying for hire without a licence and with no insurance, the Licensing Committee had considered that K. be no longer a fit and proper person to hold a licence and his licence was revoked.  Three years had now elapsed and K. had made a second application to be licensed as a Hackney Carriage and Private Hire Vehicle driver. 

 

Having regard to the content of the report the information provided by officers at the meeting and to the representations by K., it was

 

RESOLVED - T H A T K. be considered a fit and proper person to hold a Hackney Carriage and Private Hire Vehicle Driver’s Licence and be issued with a written warning as to future conduct.

 

Reason for decision

 

Having regard to the information presented.

 

 

365     DISCIPLINARY MATTER - R. (DLPPHS) (EXEMPT INFORMATION PARAGRAPHS 12. 13 AND 14) -

 

R. had submitted an application for renewal of a licence however at the time R. had been unable to produce a DVLA driving licence for the Licensing Officer due to it having been sent to the DVLA for a change of address.  When the DVLA driving licence was produced it identified a conviction for using the vehicle without insurance.  R. however confirmed that he had sent a letter to the Licensing Authority regarding this omission a copy of which was tabled at the meeting for Members’ information.  The officer stated that the Licensing section must be satisfied that a person is a fit and proper person and that they must declare any conviction in writing within seven days which this was not the case.

 

Having regard to the contents of the report and information provided by officers at the meeting and the representations made by R., it was

 

RESOLVED - T H A T R.  be considered to be a fit and proper person to hold a Hackney Carriage and Private Hire Vehicle Driver’s Licence and be issued a written warning as to future conduct.

 

Reason for decision

 

Having regard to the information presented.

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