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LICENSING COMMITTEE

 

Minutes of a meeting held on 2nd October, 2012.

 

Present:  Councillor A.G. Powell (Chairman); Councillors G.A. Cox, Mrs. P. Drake, K.J. Geary, H.C. Hamilton, Mrs. V.M. Hartrey, K. Hatton, Mrs. A.J. Moore, N. Moore, Mrs. A.J. Preston, Ms. R.F. Probert, J.W. Thomas and R.P. Thomas.

 

 

372     APOLOGIES FOR ABSENCE -

 

These were received from Councillors P.J. Clarke and Mrs. M.R. Wilkinson.

 

 

373     MINUTES -

 

RESOLVED - T H A T the minutes of the meeting held on 3rd September, 2012 be approved as a correct record, it being noted that the report requested in relation to the Age Policy Guidelines would be submitted at the next meeting.

 

 

374     DECLARATIONS OF INTEREST -

 

No declarations were received.

 

 

375     APPLICATION TO CONSIDER THE FEE FOR A STREET TRADING CONSENT (DDS) -

 

Consideration was given to a request by Mr. P. Mevel to the Council for a reduction in the fee for a Street Trading Consent to allow him to trade at the Cowbridge Food and Drink Festival on 27th October, 2012.  A copy of the application form together with a letter requesting that consideration be given to reducing the approval fee were appended to the report.  Mr. Mevel was not in attendance.

 

In response to questions, the Principal Regulatory Services Officer indicated that the Council did not currently have a Street Trading Policy, that the fees charged were generally reflective of the costs incurred and that a review of fees and charges was required given recent case law relating to the criteria which had to be taken into account when setting those fees.  She indicated also that the Committee had previously considered similar requests in relation to charitable organisations (although that was not the position in the case in question).

 

After further discussion of the circumstances of the case, including Mr. Mevel’s statement in his letter that he managed a team of French onion sellers, and careful consideration of the Council’s standard fees for the processing and approval of Street Trading Consents together with those factors the Applicant had raised, it was

 

RESOLVED – T H A T the request to approve a reduction in the fee be refused.

 

Reason for decision

 

To ensure the Council’s policy on charging for services is applied on an equitable basis.

 

 

376     APPLICATIONS FOR HACKNEY CARRIAGE AND PRIVATE HIRE DRIVER'S LICENCES (DDS) -

 

The above report had been requested at the last meeting of the Committee when consideration had been given to the optimum way of dealing with applications which, whilst “open”, were “dormant” given that the applicants had not sought to progress the application for some time.

 

RESOLVED – T H A T officers be authorised to refuse applications for Hackney Carriage and Private Hire Vehicle Driver licences which could not be determined within 12 months of application.

 

Reason for decision

 

The need to determine the applications within a reasonable timescale having regards to

  • the accuracy of the Criminal Record Disclosures and information provided on the application form when a length of time has elapsed since the application was first made
  • the costs involved in bringing such matters to this Committee.

 

377     APPLICATION TO WAIVE THE VALE OF GLAMORGAN'S AGE POLICY GUIDELINES FOR THE GRANT OF A PRIVATE HIRE VEHICLE LICENCE MERCEDES S320 - KS53 TDV(DSS) -

 

Consideration was given to a request by Mr. D. Mais to waive the Vale of Glamorgan Age Policy Guidelines in respect of a Private Hire Vehicle Licence application for a Mercedes S320, Registration No. KS53 TDV.  Mr. Mais was in attendance.  Mr. Mais had requested that the vehicle be considered as a Prestige 1 class vehicle.  By way of background, the Principal Regulatory Services Officer reminded Members that, in accordance with the Age Policy Guidelines, Prestige 1 type vehicles were required to be of the very highest standard and quality as determined by the Fleet Manager and must be under 10 years old and that Prestige 2 vehicles must be under 5 years old to have a licence granted.  She continued by stating that Mr. Mais had been advised by the Alps testing depot and the Licensing Section that his Mercedes S320 was a Prestige 2 type vehicle.  Mr. Mais then spoke on his own behalf and distributed photographs of the same type of vehicle as he was endeavouring to have licensed, reiterating his belief that it should be a Prestige 1 vehicle.  The photographs distributed by Mr. Mais were not of the actual vehicle registration number KS53 TDV.  In response to a question as to whether the Council maintained a list of vehicles qualifying for either Prestige 1 or Prestige 2 status, the Team Leader (Licensing) indicated that the Council had moved away from keeping a list of vehicles and their classes.  This had been at the request of the trade following extensive consultation.  Following this consultation the decision had been made to do away with the former class 3 category and widen the scope of the Prestige 2 classification.  She advised that the Licensing Committee had previously resolved that all but the most superior vehicles should fall into the Prestige 2 category.  The Fleet Manager had notified both the Licensing Section and Mr. Mais personally that the vehicle in question would be classed as a Prestige 2 type vehicle and would have to be less than 5 years old to be granted a licence.  Members questioned Mr. Mais in relation to his knowledge of the Age Policy Guidelines when making the decision to purchase the vehicle.  Mr. Mais confirmed that he had purchased the vehicle in full knowledge of the Age Policy Guidelines and was aware that the vehicle was too old to be licensed within the Vale of Glamorgan.

 

Following further consideration of the above and further submissions from Mr. Mais, it was

 

RESOLVED - T H A T the application to waive the Age Policy Guidelines in this case be refused, the applicant being reminded that he could challenge the Committee's decision through the Magistrates Court.

 

Reason for decision

 

To uphold the Age Policy Guidelines as approved on 1st June, 2011.

 

 

378     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.

 

 

379     APPLICATION FOR HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE DRIVER'S LICENCES - A (EXEMPT INFORMATION - PARAGRAPHS 12, 13 AND 14) (DDS) -

 

The purpose of the meeting was to interview A. to determine whether or not he was a fit and proper person to hold a Vale of Glamorgan Hackney Carriage and Private Hire Vehicle Driver's Licences. A., accompanied by his Advocate, was in attendance.  After the procedure to be adopted during the meeting had been explained to A., the Principal Regulatory Services Officer outlined the particular circumstances of the case.  In essence inaccurate information had been provided by A. on the application form and the CRB disclosure had demonstrated that A. had failed to disclose all previous convictions.  A's Advocate then took Members through the additional documentation which had been provided by A. and had been tabled with the consent of the Committee.  A. subsequently responded to questions.  On conclusion of the questioning, Members of the Committee deliberated on the evidence presented in private.

 

Upon reconvening, the Chairman notified A. and his Advocate as follows:

 

The Licensing Committee, having considered the report presented to this Committee and outlined by the officer today, together with your representations, and taking account of the legal implications and test as to fitness and propriety

 

RESOLVED -

 

(1)       T H A T you are a fit and proper person to hold a Hackney Carriage and Private Hire Driver’s Vehicle Licence.  However, the Vale of Glamorgan Licensing Committee expects high standards from licensed drivers and will be issuing you with a warning as to your future conduct which may be taken into consideration in relation to any future licensing decision that may be made and requires you to pay special attention when submitting paperwork in connection with your licences.

 

(2)       T H A T, to assist all future applicants for Hackney Carriage and Private Hire Vehicle Driver's Licences, the application form be amended as indicated at the meeting.

 

Reasons for decisions

 

(1)       Having regard to the information presented.

 

(2)       To assist in the accurate completion of the application form.

 

 

380     APPLICATION FOR THE GRANT OF A HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE DRIVER'S LICENCE - R (EXEMPT INFORMATION - PARAGRAPHS 12, 13 AND 14) (DDS) -

 

The purpose of the meeting was to interview R. to determine whether or not he was a fit and proper person to hold a Vale of Glamorgan Hackney Carriage and Private Hire Vehicle Driver's Licence.  After the procedure to be adopted during the meeting had been explained to R., the Principal Regulatory Services Officer outlined the particular circumstances of the case.  In essence inaccurate information had been provided by R. on the application form and the CRB disclosure had demonstrated that R. had failed to disclose all previous convictions.  R. indicated that he would like to submit additional documentation which was subsequently agreed by all parties.  R. then read out a prepared statement in which he admitted his failure to disclose all offences, stating that there had been no intention to mislead.  He fully explained the circumstances relating to the above matters.  R. responded to questions following the conclusion of which Members of the Committee deliberated on the evidence presented in private.

 

Upon reconvening, the Chairman notified R. as follows:

 

RESOLVED - T H A T you are a fit and proper person to hold a Hackney Carriage and Private Hire Driver Vehicle Licence.  However, the Vale of Glamorgan Licensing Committee expect high standards from licensed drivers and will be issuing you with a warning as to your future conduct which may be taken into consideration in relation to any future licensing decision that may be made.

 

Reason for decision

 

Having regard to the information presented.

 

 

381     FOR INFORMATION REPORT - K (EXEMPT INFORMATION - PARAGRAPHS 12, 13 AND 14) (DDS) -

 

The Committee was notified of the action taken by Licensing Officers in respect of K.  K.’s Hackney Carriage/Private Hire Driver's Licence had been suspended for reasons set out in the report and, at a later date, the Council had prosecuted K. for using an unlicensed vehicle for the carriage of passengers.  K. had pleaded guilty, had been fined £130, had costs of £100 awarded against him and been required to pay a victim surcharge of £15.  Members noted that K.’s Hackney Carriage/Private Hire Driver’s Vehicle Licence had now expired.

 

RESOLVED -

 

T H A T the position be noted.

 

Reason for decision

 

Having regard to the background.

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