Minutes of a meeting held on 6th
Present: Councillor J.W. Thomas
(Chairman); Councillor Mrs. A.J. Preston (Vice-Chairman);
Councillors: Ms. M.E. Alexander, Mrs. S.M. Bagstaff,
J. Clifford, G.A. Cox, J.F. Fraser, E. Hacker, A.D.
Hampton, Mrs. V.M. Hartrey, K. Hatton,
N. Moore, C.L. Osborne and Mrs. M.R. Wilkinson.
662 APOLOGY FOR
This was received from Councillor E.T.
663 MINUTES -
RESOLVED - T H A T the minutes of the
Licensing Committee meeting held on 1st November, 2011
be approved as a correct record.
664 DECLARATIONS OF
No declarations were received.
665 AUTHORISATION OF
G.W. TAXIMETER SERVICES LTD. AS A HACKNEY CARRIAGE METER TESTER
Members were advised that the Vale of
Glamorgan Council’s conditions for Hackney Carriages stated that
“The proprietor shall produce annually to the Licensing Authority a
certificate issued by a meter installer approved by the Licensing
Authority stating that the meter is accurate and contains only the
current Vale of Glamorgan hackney carriage tariff”.
Earlier in the year, on the recommendation of
the taxi licensing audit a review of the authorised meter testers
was carried out and four companies were approved. G.W.
Taximeters Services Ltd. was one of the approved authorised
testers. On 24th October, 2011 a meter certificate
issued by G.W. Taximeter Services Ltd. to Mr. J. Billing was
presented to the Licensing Section as part of Mr. Billing's
application to renew his Hackney Carriage Vehicle Licence. On
23rd November, 2011 acting on information received,
Licensing Officers requested that a number of proprietors brought
their Hackney Carriages to the Civic Offices for inspection of
their meters in order to check they were set at the new Vale of
Glamorgan Council tariffs. On the inspection of
Mr. Billing's vehicle the meter was found to be displaying the
old tariff despite Mr. Billing having been issued with a new
calibration certificate since the tariff increase.
The Licensing Team Leader immediately at that
time contacted G.W. Taximeter Services Ltd. by telephone to
issue a reminder of what was required from authorised meter testers
and the information that should be contained on the
certificate. A copy of the Committee report for the Licensing
Committee meeting had also been sent to G.W. Taximeter Services
Ltd. inviting them to attend the Committee to make
representations to Members.
Mr. Miller, representing G.W. Taximeter
Services Ltd., advised that an error had been made when they issued
the certificate and that he had not read the letter of
8th July, 2011 in its entirety and, as such, had
issued the certificate by mistake. He explained that the
meter in Mr. Billing’s vehicle could not be recalibrated and that
Mr. Billing would have needed to buy a new meter. He also
advised Members that Mr. Billing was going to retire in 2012 and as
the meter was set to the old tariff it would have only overcharged
during the Christmas and New Year period. Mr. Billing didn’t
intend to work over the Christmas and New Year period, and as such
he hand not thought it fair to make him buy a new meter at a cost
of £250. In response to the concern detailed in the report
that he had abruptly terminated the telephone conversation that had
taken place with the Licensing Team Leader, he stated that he had
considered the conversation to be of an aggressive nature and that
he had ended it with the view that the necessary paperwork would be
forwarded in due course.
Members were concerned that Mr. Miller had
knowingly provided the calibration certificate which would have
been in breach of the Hackney Carriage Vehicle condition.
Having considered the representations and the
report, it was
RESOLVED - T H A T G.W. Taximeter Services Ltd
should be removed from the Vale of Glamorgan Council's list of
approved meter fitters and testers..
Reason for decision
Mr. Miller of G.W. Taximeters Services Ltd.
admitted at Committee that he had knowingly issued a Hackney
Carriage Meter Certificate which was incorrect. The Vale of
Glamorgan relies on the meter testing companies to ensure that the
meters are correctly calibrated..
666 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.
MATTER - C (DLPPHS) (EXEMPT INFORMATION - PARAGRAPHS 12, 13 AND 14)
C. had made an application for the grant of a
Hackney Carriage and Private Hire Vehicle Drivers Licence on
9th December, 2010 and on 9th November, 2011
had passed the Vale of Glamorgan Council Driver Knowledge
Test. Following the appropriate CRB check, a history of
offending had been received which was presented to the Committee by
the Licensing Team Leader. C. was then afforded the
opportunity to make representations to Members.
After considering the officer's report
including the local test of fitness and propriety as stated in
Paragraph 13 of the Vale of Glamorgan Council's Policy on the
Relevance of Convictions, Sections 51(1) and 59(1) of the Local
Government (Miscellaneous Provisions) Act 1976 and the mitigation
offered by C, the Licensing Committee
RESOLVED - T H A T C was not a fit and proper
person to hold a Vale of Glamorgan Council Hackney Carriage and
Private Hire drivers badge.
Reason for decision
The Vale of Glamorgan Council's policy on the
relevance of convictions states in Paragraph 4.14 'The Licensing
Authority is unlikely to grant an application from a person
convicted of any offence involving the supply of illegal substances
to others, unless a period of at least 10 years free of criminal
conviction has elapsed.' C. did not offer anything in
mitigation to persuade the Committee that it should deviate from
668 FOR INFORMATION
REPORT - S. (DLPPHS) (EXEMPT INFORMATION - PARAGRAPHS 12, 13 AND
The report advised Members of the action that
had been taken by officers of the Licensing Section.
On 10th November, 2011 the
Licensing Section had been advised that S. had been arrested by the
police in relation to a criminal allegation. On
10th November, 2011 on the grounds of public safety
the Licensing Section had suspended the licensee with immediate
effect pending the outcome of a police investigation.
Members, in considering the report
RESOLVED - T H A T the contents of the report
Reason for decision
Having regard to the actions taken by the