Minutes of a meeting held on 10th January, 2012.
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.
767 APOLOGIES FOR ABSENCE -
These were received from Councillors J. Clifford, G.A. Cox, E. Hacker and N. Moore.
768 MINUTES -
RESOLVED - T H A T the minutes of the Licensing Committee held on 6th December, 2011 be approved as a correct record.
769 DECLARATIONS OF INTEREST -
No declarations were received.
770 POLICE REFORM AND SOCIAL RESPONSIBILITY ACT 2011 - FOR INFORMATION REPORT (DLPPHS) -
The Principal Licensing Officer presented the report which apprised Members of the amendments that the Police Reform and Social Responsibility Act 2011 would make to the Licensing Act 2003. It was noted that the Licensing Authority itself would become a responsible authority and would be able to make representations in relation to applications as well as being able to apply for a review of a licence in its own right. The Local Health board would also become a responsible authority and would receive copies of all applications, and be able to make representations and apply for a review of a licence. Under previous legislation a member of the public was able to make representations in relation to an application or apply for a review of a licence only if they lived or worked in the vicinity of a premises or represented someone who did. The 2011 Act now stated that anyone could make a relevant objection. The Licensing Authority would also be required to advertise applications, including reviews, in a prescribed form to bring it to the attention of persons who lived or are involved in the business in the Licensing Authority's area and who are likely to be affected by the application.
With regard to Environmental Health Officers they would also be able to object to applications for a Temporary Event Notice should officers determine that an application undermines one or more of the licensing objectives. The report further referred to the fact that Temporary Event Notices would be able to last for a maximum of 168 hours rather than the existing 96 hours and premises would be able to operate under authority of a Temporary Event Notice for up to 21 days a year as opposed to the previous 15 days a year.
Committee was also informed that:
- Police and Environmental Health would have three working days in which to object to a standard Temporary Event Notice application, instead of two working days for the Police.
- Fines for persistently selling alcohol to children would increase from £10,000 to £20,000.
- A Licensing Authority may make an Early Morning Restriction Order to prohibit the sale or supply of alcohol between midnight and 6.00 a.m.
- The Licensing Authority may suspend a Premises Licence or a Club Premises Certificate where the annual fee had not been paid unless the non payment was an admin error or the holder had notified the Licensing Authority in writing that liability for the amount of fee was disputed.
- Subject to Ministerial approval the Licensing Authority would have the power to set certain fees on a cost recovery basis.
- The review of Licensing Policy Statements was extended to every five years as opposed to every three years.
- Further relevant offences had been added
- A Licensing Authority could also decide that a Late Night Levy was to apply in its area which must apply to the whole of the Licensing Area subject to any time restrictions of premises liable to pay for it.
- Regulations would however set out the matters of which the Licensing Authority must be satisfied before deciding the levy is to apply in this area.
- The power to designate a alcohol disorder zone under the Violent Crime Reduction Act 2006 is to be repealed.
- The Secretary of State must carry out a review of the amending provisions contained in the Police Reform and Social Responsibility Act 2011 and set out the conclusions and report to Parliament as soon as was reasonably practicable five years after all the amendments had been brought into force.
Having considered the report it was
RESOLVED - T H A T the contents of the report be noted.
Reason for decision
In view of the fact that Members were apprised of the amendments of the Police Reform and Social Responsibility Act 2011 would make to the Licensing Act 2003 and that they would continue to be kept informed of developments in relation to commencement dates.
771 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.
772 HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE DRIVER'S LICENCES - A (EXEMPT INFORMATION PARAGRAPHS 12, 13 AND 14) (DLPPHS) -
The purpose of the meeting was to interview A to determine whether or not he was a fit and proper person to hold Vale of Glamorgan Hackney Carriage and Private Hire Vehicle Driver's Licences. The Licensing Officer reported that inconsistent information provided by A in relation to addresses and A's willingness to make inconsistent declarations on the application for his CRB disclosure and other forms and documents relating to his licences had meant that the Licensing Section could not be satisfied in relation to the application. Officers had consulted CRB for further clarification and concluded that since they could not verify A's address information they could not act as counter-signatories in respect of his CRB.
A's representative presented the case to the Committee stating that due to personal circumstances A had been in temporary accommodation for approximately 18 months during the years in question but had maintained an address in order to receive post and could confirm that all information in relation to the Licensing Department in the Vale had been received and dealt with by A. The explanations were presented to the Members of the Committee following which Members met in private to consider the matter when it was subsequently
RESOLVED - T H A T in view of the circumstances presented at the meeting A remain a fit and proper person to hold Vale of Glamorgan Council Hackney Carriage and Private Hire Vehicle Driver's Licences without obtaining a current Criminal Record Disclosure, the suspension of his licences be lifted but that a warning letter be issued in relation to his future conduct
Reason for decision
Due to the personal circumstances of A, consideration of representations that it would not be possible for him to provide undisputed address information, the fact that A has held previous driver licences and been subject to previous CRB checks it was the opinion of the Licensing Committee that he remain a fit and proper person. However, the Committee agreed that a warning letter should be issued as to his future conduct in particular that any changes in circumstances are reported / discussed with the Licensing section.
773 APPLICATION FOR THE GRANT OF A HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE DRIVER'S LICENCE - H (EXEMPT INFORMATION PARAGRAPHS 12, 13 AND 14) (DLPPHS) -
The Committee was made aware that H had been in attendance for the meeting due to personal circumstances had been called away. It was
RESOLVED - T H A T the matter be deferred to the next meeting of the Licensing Committee.
Reason for decision
In view of H's personal circumstances on the day and in order to provide a further date for H to make representations to the Committee.
774 HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE DRIVER'S LICENCES - H (EXEMPT INFORMATION PARAGRAPHS 12, 13 AND 14) (DLPPHS) -
The Licensing officer advised the Committee that no response had been received as to H's attendance at the meeting despite the Licensing officers attempts to make contact via telephone, letter and his employer. H had also not made any attempts to contact the Licensing Section to discuss the issue.
In light of the above and H's non attendance at the Committee meeting Members resolved to consider the matter in his absence.
The Licensing Officer stated that a suspension letter dated 15th November, 2011 had been issued to H informing him that he had 21 days to produce both parts of his DVLA Driver's Licence to the Licensing Authority or appeal against that decision to a Magistrates Court. H had not made an appeal to the Magistrates Court in relation to the suspension nor had he produced both parts of his DVLA Driver's Licence within the 21 days. A letter was sent to H on 13th December 2011 informing him that he was not able to drive as a Hackney Carriage and Private Hire Vehicle Driver and he was requested to contact the Licensing Section to discuss the matter. To date no contact had been received.
Having considered the report and the information provided by the Licensing Officer it was
RESOLVED - T H A T H was not considered to be a fit and proper person to hold Hackney Carriage and Private Hire Vehicle Driver's Licences and that his licences be revoked.
Reason for decision
In light of the information presented at the meeting and the numerous attempts to contact H to discuss the matter.