Minutes of a meeting held on 4th
Present: Councillor J.W. Thomas
(Chairman); Councillor Mrs. A.J. Preston (Vice-Chairman);
Councillors Ms. M.E. Alexander, Mrs. S.M. Bagstaff, G.A. Cox,
J.F. Fraser, E. Hacker, A.D. Hampton,
Mrs. V.M. Hartrey, K. Hatton, N. Moore, C.L.
Osborne and E.T. Williams.
467 APOLOGY FOR
This was received from Councillor Mrs. M.R.
468 MINUTES -
RESOLVED - T H A T the minutes of the
Licensing Committee meeting held on 13th September, 2011
be approved as a correct record.
469 DECLARATIONS OF
No declarations were received.
470 SAFER VALE
STRATEGIC ASSESSMENT (DLPPHS) -
Committee were informed of the annual Safer
Vale Strategic Assessment.
The Assessment is a statutory document,
produced annually to identify the strategic focus of the Community
The current administration had highlighted the
need for local targets driven by local priorities. The
Strategic Assessment used data and consultation feedback to
identify these local targets.
The targets identified in the Assessment
complimented the Community Safety objectives in the Community
The overall outcome of the Partnership was for
“Residents and visitors to feel safe and that the Vale is
recognised as a low crime area”.
The following targets had been identified in
the assessment through intelligence led business processes:
One: Reduce the level of violent offences and alcohol related
violent offences in the Vale of Glamorgan
Most serious violence target: Reduce or maintain 2010-11
performance, upper target: 86 incidents
Two: Reduce the impact of domestic abuse on victims, families and
the wider community and ensure that help and support are
Serious sexual offences: Reduce or maintain 2010-11 performance,
upper target: 57 incidents
Domestic abuse: Reduce or maintain 2010-11 performance, repeat
incidents to account for 17% or less of total incidents.
Three: Reduce the level of serious acquisitive crime and criminal
damage in the Vale of Glamorgan
Criminal damage: Reduce or maintain 2010-11 performance, upper
target: 1,524 incidents
Burglary: Reduce or maintain 2010-11 performance, upper target: 366
Robbery: Reduce or maintain 2010-11 performance, upper target: 24
Four: Reduce the impact of Antisocial Behaviour (ASB) in the
The Partnership will aim to increase data sharing with schools
enabling a more rounded multiagency response.
The Partnership will train front line staff from relevant agencies
in the use of the ASB system and ASB process.
As far as possible the Partnership will align the ASB processes
between Safer Vale and Safer Bridgend in light of potential
The Partnership will work towards a holistic service for ASB
victims of all ages.
Five: Make the Vale of Glamorgan a safe place to live work and
visit, free from crime and the fear of crime
The Safer Vale consultation analysis will be used to raise the
profile of the partnership and community cohesion in a targeted way
to the people and places that require it most.
The Partnership will raise the profile of CCTV in the Vale of
Glamorgan through press and publications.
The Partnership will react accordingly and advise in relation to
any incidents of illegal / rogue traders.
Six: Integrated offender management (IOM)
The Partnership will help to implement the IOM project to help
stabilise the lifestyles of the most prolific offenders in the Vale
that are a substantial cost to all agencies.
Seven: Reduce the impact of substance misuse in communities
Substance misuse is a running priority for the Partnership.
Cadoxton House and the joint service review will be major ongoing
projects during 2011-12. The progress will be monitored
regularly within the Partnership to ensure delivery and
Eight: Prevention of Terrorism
This is a core role of the Partnership. Work will continue to
educate front line staff under the prevent strand of the CONTEST
Having considered the Assessment, Members were
of the view that the contents were very comprehensive, and made
However, concern was expressed at reports that
the Police would not be having a presence in Cadoxton House, and
that there were rumours that the Police Public Protection unit may
be relocated to Cowbridge.
Concerns were also expressed that the Police
presence at the Community Safety Partnership offices in Barry Fire
Station may be withdrawn.
Committee felt that such actions by the Police
would have a detrimental effect on the Community Safety
Partnership, and it was
(1) T H A
T the information contained within the Strategic Assessment be
(2) T H A
T the Chief Constable be advised of the concerns of the Committee
with regard to
- the Police presence at
- any proposal to withdraw the
Police presence from Barry Fire Station.
(3) T H A
T Scrutiny Committee (Housing and Public Protection) be invited to
support the resolution at (2) above.
(4) T H A
T the Community Safety Partnership inform the Authority’s Licensing
Section of any incidents involving licensed premises.
Reasons for decisions
enable Committee to consider the strategy focus for Safer Vale
express Committee’s concern at any proposals that may weaken the
effectiveness of the substance misuse / domestic abuse service.
seek the support of Scrutiny Committee (Housing and Public
assist in the compilation of intelligence concerning licensed
premises within the Vale of Glamorgan.
471 HOUSE TO HOUSE
COLLECTION APPLICATION: SUPPORT HOLLIES SCHOOL LTD. FOR HOLLIES
ACTION GROUP - MR. ALEKSEJ PLACHTEJ (DLPPHS) -
Also present: Mr. Aleksej Plachtej
(Applicant), Mr. R. Vain (Business Consultant) and Mr. S. Evans
Committee considered an application for a
House to House Collection Licence from Mr. Aleksej Plachtej.
House to House Collections were regulated by
the House to House Collections Act 1939 and the House to House
Collections Regulations 1947.
Support Hollies School Ltd. and Support
Pen-Y-Bont Ltd. were clothing and textile companies of which the
Applicant was General Manager. The collections for charitable
purposes were in respect of the Charity Hollies Action Group, a
centre for the education and assessment of children with learning
difficulties or physical disabilities, and Y Bont, a centre based
in Bridgend for children with disabilities and their families.
A House to House Collection application had
been received on 28th June 2011 from the Applicant to
carry out a House to House Collection throughout the whole of the
vale of Glamorgan area between 31st July 2011 and
30th June 2012.
Two House to House Collection Licences had
previously been issued to the Applicant on behalf of Support
Pen-Y-Bont Ltd. of which one was still in force.
Applicants must submit a returns schedule
within one month of the expiry of a House to House Collection
Licence detailing the account figures from the
The returns schedule for the collection that
the Applicant had carried out on behalf of Support Pen-Y-Bont Ltd.
between 13th July 2010 and 13th January 2011
detail that a low percentage of proceeds were donated to the Y Bont
charity. A breakdown of the collection returns schedule was
attached at Appendix B to the report, and a list of returns
schedules for recent similar collections was attached at Appendix
C. Appendix C showed that less than 6% of the total proceeds
had been donated to the charity by Support Pen-Y-Bont
Due to the low percentage of proceeds donated
to charity on the previous House to House Collections, Committee
were asked to consider whether or not any further House to House
Collection Licences should be granted to Mr. Aleksej
Committee were advised that there was no set
percentage that organisations must donate to charities on a House
to House Collection but it was expected that the public would wish
to see a high percentage benefiting from charity.
Consideration of this item had been deferred
from the previous meeting of the Licensing Committee in order that
Mr. Plachtej could attend before the Committee.
Mr. Vain, on behalf of the Applicant, spoke of
the legislation governing house to house collections, and advised
that the legislation did not set an acceptable percentage of
collections that must be donated to a charity.
In addition, Mr. Vain stated:
- the process
of house to house collections was a very labour intensive business,
with the national minimum wage being paid to those staff involved
in the process
benefit by £60 per tonne collected (formerly £50 per tonne), a
figure that had been set by the Government
- it was quite
possible for a particular collection to end up making a loss
- the cost of
producing the collection bags was expensive
- Mr. Vain
assured the Committee that only the Charity benefited from the
Mr. Evans outlined the collection process,
collection bags were distributed, and later collected
- the garments
were subsequently sorted
- 11 staff
were employed in the operation, and were paid at the national
- no excessive
remunerations were being made.
In response to an observation that other
similar ventures by other organisations had collected a higher
percentage of income for the Charity concerned, as indicated in
Appendix C to the report, Committee were advised that officers took
this information at face value. It was acknowledged that
other collectors provided a different form of service and it was
possible that the Appendix did not compare “like with
Mr. Vain advised the Committee that he wished
to look at the results of Appeals made to the Secretary of State as
this may set a bench mark as to what an acceptable percentage
collection rate was.
The Principal Regulatory Services Officer
responded by stating that this is an area that requires further
research. She had not been able to obtain such
In referring to Appendix B to the report
(statement of return) which showed that the collection for the
period 13th July 2010 to 13th January 2011 in
respect of Support Pen-Y-Bont Ltd. the proceeds of which had been
£3,496 and the donation to Y Bont £202, a Member pointed out that
the surplus had in fact been £168.
Mr. Evans agreed that the surplus had been
£168 but as the Charity had been guaranteed a sum of £50 per tonne
collected, the Applicant had to make up the donation. A loss
of some £40 had therefore been made.
Members referred to the refusal of Neath Port
Talbot Council and Cardiff City Council to grant the Applicant a
licence. Cardiff City Council had taken the view that the
Applicant was not making sufficiently high donations to the
Charities concerned. Mr. Vain added that the report before
Cardiff City Council had contained a misleading statement even
through the Applicant had advised them of the error. Appeals
had been lodged against the decisions of both Councils but as yet,
the Appeals had not been determined.
Having considered the detail contained within
the report before them, and the comments of the Applicant and his
representatives, Members felt that their questions had not been
explained to their satisfaction, especially in view of the accounts
shown at Appendix B to the report being incorrect and the details
shown at Appendix C to the report being open to question.
Furthermore, Committee felt that advice should be sought from the
Secretary of State as to how he determined such appeals.
(1) T H A
T the application for a House to House Collection Licence from Mr.
Aleksej Plachtej be deferred until the next meeting of the
Committee in order that advice could be sought from the Secretary
of State as to the criteria he would use in considering appeals
against decisions of Local Authorities to refuse such
(2) T H A
T the Applicant be requested to provide a copy of his latest
Reasons for decisions
order to clarify the criteria used by the Secretary of State when
considering appeals against decisions of Local Authorities to grant
House to House Collections Licences.
order that the Committee may consider the Applicant’s latest set of
472 NEW BYELAWS -
ACUPUNCTURE, TATTOOING SEMI-PERMANENT SKIN-COLOURING, COSMETIC
PIERCING AND ELECTROLYSIS (DLPPHS) -
Committee were advised of new model byelaws
published by the Welsh Government to control the medical risks
associated with acupuncture, tattooing, semi-permanent skin
colouring, cosmetic piercing and electrolysis.
Local Authorities were responsible for the
regulation and control of businesses carrying out the procedures of
acupuncture, tattooing, semi-permanent skin colouring, cosmetic
piercing and electrolysis.
The main powers were provided under Sections
14 and 15 of the Local Government (Miscellaneous Provisions) Act
1982 (as amended by the Local Government Act 2003).
Existing byelaws which applied to tattooing,
acupuncture, ear piercing and electrolysis received the Common Seal
of the Council in January 1985. The Local Government Act 2003
amended the 1982 Act to include cosmetic piercing and
semi-permanent skin colouring in the list of those activities which
Local Authorities had powers to regulate.
In recent years, the practice of skin piercing
(piercing of the body including the ear) and semi-permanent skin
colouring (including for example micro-pigmentation, semi-permanent
make up and temporary tattooing) had become more common with many
legitimate businesses offering these services locally.
Unfortunately there had also been a corresponding increase in
individuals / businesses providing these services in less than
satisfactory conditions which had the potential to put public
health at risk.
In recognition of the medical risks attached
to these procedures, particularly as a result of inappropriate
sterilisation of needles, the Welsh Government had developed new
model byelaws to reflect current infection control advice and
The procedure for making byelaws was provided
in Section 236 of the Local Government Act 1972. In respect
of these byelaws, a notice of the Authority’s intention must be
given in one or more newspapers in the area to which the byelaws
apply and a copy of the byelaws must be held on deposit at Council
offices for at least a month for inspection by the public.
The new byelaws must be provided with the Common Seal of the
Council and confirmed by the Welsh Government.
(1) T H A
T the Council be recommended to adopt the provisions of Part VIII
of the Local Government (Miscellaneous Provisions) Act 1982 across
the Vale of Glamorgan and that the provisions come into force on
1st February 2012.
(2) T H A
T the new consolidated byelaws for the control of acupuncture,
tattooing, semi-permanent skin colouring, cosmetic piercing and
electrolysis as contained at Appendix A to the report be endorsed
and Council be recommended that they be formally adopted.
(3) T H A
T Council be recommended to revoke all current byelaws relating to
acupuncture, tattooing, ear piercing and electrolysis.
(4) T H A
T the Director of Legal, Public Protection and Housing Services be
authorised to carry out the necessary procedure and apply to the
appropriate Minister at the Welsh Government for approval and
confirmation of the new byelaws.
(5) T H A
T the Council be requested to authorise the Director of Legal,
Public Protection and Housing Services to seal and date the byelaws
on behalf of the Council.
(6) T H A
T the report be referred to Cabinet for information.
Reasons for decisions
ensure the Council is able to evidence that it has adopted Part
VIII of the Local Government (Miscellaneous Provisions) Act
ensure the medical risks associated with acupuncture, tattooing,
semi-permanent skin colouring, cosmetic piercing and electrolysis
are effectively controlled and local byelaws reflect current
infection control advice and industry best practice.
remove an existing byelaw which does not reflect current infection
control advice and industry best practice.
ensure the proposed new byelaws are adopted in accordance with
enact the byelaws.
ensure Cabinet are aware of the proposed new byelaws.