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LICENSING COMMITTEE

 

Minutes of a meeting held on 7th February, 2012.

 

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 and C.L. Osborne.

 

 

856     APOLOGIES FOR ABSENCE -

 

These were received from Councillors J. Clifford, Mrs. M.R. Wilkinson and E.T. Williams.

 

 

857     MINUTES OF THE LICENSING SUB-COMMITTEE -

 

RESOLVED - T H A T the minutes of the Licensing Sub-Committee held on 16th December, 2011 be noted.

 

 

858     MINUTES -

 

RESOLVED - T H A T the minutes of the Licensing Committee held on 10th January, 2012 be approved as a correct record.

 

 

859     DECLARATIONS OF INTEREST -

 

The following Members declared an interest in Agenda Item. No. 8 because of their involvement in the Small Societies Lotteries as indicated:

 

Councillor A.D. Hampton - Barry YMCA Hub

Councillor N. Moore - Vale of Glamorgan Constituency Labour Party

Councillor J.W. Thomas - St. Athan Community Association.

 

 

860     AMENDED NEW BYELAWS - ACUPUNCTURE, TATTOOING SEMI-PERMANENT SKIN COLOURING, COSMETIC PIERCING AND ELECTROLYSIS (DLPPHS) -

 

Committee were advised of amendments to the 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 and were requested to endorse their adoption by the Council.

 

Licensing Committee, on 4th October 2011, had considered the proposal to introduce new byelaws for the control of acupuncture, tattooing, semi-permanent skin colouring, cosmetic piercing and electrolysis and had resolved, inter alia that 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.  On 7th December 2011, Council had endorsed the recommendations of the Licensing Committee.

 

On 19th December 2011, the Welsh Government advised officers that a revised version of the model byelaws for acupuncture, tattooing, semi-permanent skin colouring, cosmetic piercing and electrolysis had been issued. 

 

In light of the above, and to ensure byelaws introduced by this Council reflected best practice, work to progress the decision of the Council on 7th December was held in abeyance in order for officers to consider the implications of the correspondence received from the Welsh Government on 19th December 2011.

 

Officers were satisfied that the new model byelaws provided additional public protection, and were of the view that they should replace those endorsed by Council on 7th December 2011.

 

RESOLVED -

 

(1)       T H A T the amended new consolidated byelaws for the control of acupuncture, tattooing, semi-permanent skin colouring, cosmetic piercing and electrolysis as attached at Appendix A to the report be endorsed and that Council be recommended that they be formally adopted.

 

(2)       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 amended new byelaws.

 

(3)       T H A T the Council be recommended to authorise the Director of Legal, Public Protection and Housing Services to seal and date the byelaws on behalf of the Council.

 

(4)       T H A T the report be referred to Cabinet for information.

 

Reasons for decisions

 

(1)       To 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.

 

(2&3)  To ensure the proposed amended new byelaws are adopted in accordance with legislative requirements.

 

(4)       To ensure Cabinet are aware of the proposed amended new byelaws.

 

 

861     DRIVING STANDARDS AGENCY (DSA) DRIVING ASSESSMENT FOR TAXIS AND PRIVATE HIRE VEHICLE DRIVERS (DLPPHS) -

 

Mr. S. Thomas of the Vale of Glamorgan Taxi Association was present whilst this item was under consideration.

 

Approval was sought to consult the licensed taxi and hackney carriage vehicle trade on a proposal to require new applicants for Vale of Glamorgan Taxi and Private Hire Vehicle Driver Licenses to have passed the DSA Driving Assessment for Taxis and Private Hire Vehicles prior to being granted a licence. 

 

At a meeting of the Vale of Glamorgan Taxi Association, held on 18th January, 2012 it was proposed that the Licensing Authority consider making it a requirement that any new applicants for Hackney Carriage and Private Hire Driver’s Licences take a Driving Standards Agency Driving Assessment for Taxis and Private Hire Vehicles. 

 

Mr. Thomas stated that it was the wish of the Vale of Glamorgan Taxi Association to improve the provision of the Taxi and Private Hire Vehicle service to the public. 

 

RESOLVED - T H A T Licensing Officers be instructed to carry out a twelve week consultation with the trade on the proposal to require new applicants for Vale of Glamorgan Taxi and Private Hire Vehicle Driver Licenses to have passed the DSA Driving Assessment for Taxis and Private Hire Vehicles prior to being granted a licence.

 

Reason for decision

 

To ensure interested parties are consulted on matters of Licensing Policy.

 

 

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

 

Mr. C. Mort and Mr. S. Thomas, Vale of Glamorgan Taxi Association were present whilst this item was under consideration.

 

Committee considered a request from Mr. Mort to allow him more time to obtain satisfactory V5 Documents in respect of the Private Hire Vehicles listed on Appendix A to the report. 

 

On 7th December 2011, Mr. Mort had written to the Licensing Section asking that more time be allowed for the production of satisfactory certification in respect of five vehicles. 

 

In December 2011, following the renewal of the Private Hire Vehicle Licence in respect of a Ford Transit MX55 HDK, Licence Number PH212, a condition had been placed on that Licence that satisfactory certification be received in respect of this vehicle by 29th February 2012. 

 

In January 2012 following the renewal of the Private Hire Vehicle Licence in respect of a Ford Transit T627 HKO, Licence Number PH117, a condition was placed on that Licence that satisfactory certification be received in respect of this vehicle  by 29th February 2012. 

 

Mr. Mort stated that obtaining the satisfactory certification was unachievable, and he needed time to reconsider his position.

 

Having considered Mr. Mort’s request, it was

 

RESOLVED - 

 

(1)       T H A T consideration of this matter be deferred pending receipt of a further report.

 

(2)       T H A T an extension to the period required for satisfactory certification of the vehicles shown in Appendix A to the report be approved until the report referred to at (1) above is received.

 

Reason for decisions

 

(1&2)  Having considered Mr. Mort’s request.

 

 

863     SMALL SOCIETY LOTTERIES (DLPPHS) -

 

The Chairman, having declared an interest in this item, vacated the room.  The Vice-Chairman took the Chair.

 

Approval was sought for the cancellation of the Small Society Lottery registrations as shown at Appendix A to the report.

 

Small Society Lotteries were lotteries promoted for the benefit of a non-commercial society i.e. if it were established and conducted for charitable purposes, for the purposes of enabling the participation in, or of supporting, sport, athletics or a cultural activity, or for any other non-commercial purpose other than that of gain.

 

The promoting society of a Small Society Lottery must apply to the Licensing Authority in whose area their principal office was located.  Licensing Authorities must maintain a register of Small Society Lotteries, which must be available to the public on request.

 

Under the Lotteries and Amusements Act 1976, repealed by the Gambling Act 2005 on 1st September 2007, Licensing Authorities had no powers to cancel registrations.  Therefore, registrations would continue even though there may be outstanding fees payable.

 

Under the Gambling Act 2005, Licensing Authorities had been empowered to cancel a society’s registration if the annual fee was not paid within the period of two months, which ended immediately before each anniversary of the registration.

 

The registered societies, listed at Appendix A to the report, had been sent reminder letters in respect of their annual fees and had been formally notified of the intention to cancel their registration.

 

RESOLVED - T H A T, subject to fees remaining outstanding, the Small Society Lottery registrations shown at Appendix A to the report be cancelled due to non payment of annual fees.

 

Reason for decision

 

To ensure the registration is removed where annual fees are not paid.

 

 

864     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.

 

 

865     APPLICATION FOR THE GRANT OF A HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE DRIVER’S LICENCE - H. (EXEMPT INFORMATION - PARAGRAPHS 12, 13 AND 14) (DLPPHS) -

 

Mr. H. was present in support of his application, and was accompanied by a friend.

 

H. attended the meeting to be interviewed to determine whether he was a fit and proper person to hold Vale of Glamorgan Council Hackney Carriage and Private Hire Vehicle Driver’s Licences.  H. had applied to be licensed as a Hackney Carriage and Private Hire Vehicle Driver on 8th November 2011 and had successfully completed the Vale of Glamorgan Council’s Driver Knowledge Test.  On his application form, at question 7a, Mr. H. had been asked to declare all previous convictions, cautions, fixed penalty notices, warnings or any other penalty notices and had entered “None”.  A subsequent Criminal Records Bureau Disclosure confirmed a number of undisclosed matters had been recorded.  Mr. H. and his friend both addressed the Committee in respect of the offences. 

 

After careful consideration of the facts in the report, relevant legislation, the Council’s Policy on the Relevance of Convictions and after hearing from H. and his friend, the Applicant was advised that the Committee took a very serious view of the matters before them and had

 

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

 

Reason for decision

 

The Council’s Policy requires that an applicant should be free of convictions for a period of five years and, where there is a history of repeat offending, the Council requires at least 10 years free of convictions and encourages applicants to provide at least two references from trusted sources.

 

The Committee saw no reason to depart from this Policy in the circumstances of this application.