Minutes of a meeting held on 6th November, 2012.
Present: Councillor A.G. Powell (Chairman); Councillor Mrs. M.R. Wilkinson (Vice-Chairman); Councillors P.J. Clarke, G.A. Cox, K.J. Geary, H.C. Hamilton, K. Hatton, Mrs. A.J. Moore, Ms. R.F. Probert, J.W. Thomas and R.P. Thomas.
487 APOLOGIES FOR ABSENCE -
These were received from Mrs. P. Drake, Mrs. V.M. Hartrey, N. Moore and Mrs. A.J. Preston.
488 ANNOUNCEMENT -
Prior to transacting the business as set out in the agenda, the Chairman announced that the Members Pack containing the Licensing Policy and Objectives etc. had been updated. The current version was dated 30th October 2012 and the update sheet was included in section 15.
489 MINUTES -
RESOLVED - T H A T the minutes of the meeting held on 2nd October, 2012 be approved as a correct record.
The Team Leader (Licensing) circulated a copy of the proposed application form for Hackney Carriage and Private Hire Driver’s Licences which had been revised as requested at the previous meeting (Min. No. 379) and explained the process to be adopted in future by Licensing Officers when handing out the application forms to prospective drivers.
490 DECLARATIONS OF INTEREST -
No declarations were received.
491 LICENSING SUB-COMMITTEE –
RESOLVED – T H A T the minutes of the Licensing Sub-Committee held on 2nd October, 2012 be noted.
492 GAMBLING ACT 2005 STATEMENT OF PRINCIPLES 2013-2016 (REF) –
The Scrutiny Committee (Housing and Public Protection) had, having been consulted on the above, requested the Licensing Committee to ensure that when the Statement of Principles was published on the Council’s website, it be accompanied with appropriate information warning of the potential consequences of participating in gambling related activities (Minute No. 418). The Head of Public Protection confirmed the matter was in hand and that the feasibility of attaching a link to organisations associated with this matter was being actively pursued
RESOLVED – T H A T the establishment of the aforementioned link be supported.
Reason for decision
To provide the public with the necessary information and assistance if required.
493 GAMBLING ACT 2005 STATEMENT OF PRINCIPLES 2013-2016 (DDS) –
The Draft Statement of Principles had been subject to public consultation between 5th September and 17th October 2012. A list of consultees and how they had been consulted was appended to the report. One response had been received. A list of amendments and response to the Draft Statement of Principles was also appended to the report. Members noted that the Statement of Principles would need to take effect on 31st January 2013, but it was required to be published, available at Council buildings and notices placed in a local paper four weeks in advance of the effective date. The amended Draft Statement of Principles 2013 – 2016 was attached at Appendix C to the report.
(1) T H A T the Draft Statement of Principles as amended be approved.
(2) T H A T the amended Statement of Principles be referred for comment to Cabinet and to Council on 5th December 2012.
(3) T H A T the effective date of the Statement of Principles be 31st January 2013.
Reason for decisions
(1-3) To ensure a comprehensive and workable Statement of Principles was in place and also to ensure that the Vale of Glamorgan Council complies with the requirements of the Gambling Act 2005.
494 APPLICATION FOR APPROVAL AS AN AUTHORISED HACKNEY CARRIAGE METER TESTER – GPC COMPUTER SOFWARE LTD. (DDS) –
Consideration was given to the application from GPC Computer Software Ltd. for approval to test Hackney Carriage Meters in the Vale of Glamorgan. A copy of the application was appended to the report. It was noted that the meter tests would be undertaken on behalf of the aforementioned company by Peter Renwick of Aberkenfig, a copy of whose authorisation to undertake the same was also appended to the report.
Having regard to the content of the report, it was
RESOLVED – T H A T the application by GPC Computer Software Ltd. to calibrate and test meters for Hackney Carriages in the Vale of Glamorgan be approved.
Reason for decision
To provide Hackney Carriage Vehicle proprietors in the Vale of Glamorgan with a greater choice of approved meter testers.
495 PROPOSED AMENDMENT TO THE VALE OF GLAMORGAN’S AGE POLICY GUIDELINES FOR PRIVATE HIRE AND HACKNEY CARRIAGE VEHICLE LICENCES (DDS) –
The proprietor of C.J. Contract Travel, Mr. C.J. Mort, had requested that consideration be given to amending the Age Policy Guidelines in respect of ambulance minibuses. A letter in support of that request had been received from Mr. S. Thomas on behalf of the Vale of Glamorgan Taxi Association, a copy of which was appended to the report. Mr. Mort and members of the Vale of Glamorgan Taxi Association were present at the meeting, both Mr. Mort and Mr. Moore contributing to the discussion that ensued. The views of the Director of Visible Services and Housing were as expressed in Appendix D to the report where it was stated that, inter alia, there would be no objection if the waiver of the Guidelines were applied only to those minibuses fitted with automated wheel chair lifts. The Director also asked that, if the request were acceded to, the position be reviewed in 3 years. A copy of the approved Age Policy Guidelines together with a revised version which took account of the requested amendment was appended to the report. In response to a question as to whether reference would be made to the position being reviewed in 3 years should Members agree to the request, the response given was that the Guidelines were dynamic and would be kept under review as a matter of course.
Following discussion on the need to ensure that any amendment to the Guidelines would be rigorously policed and after careful consideration of the facts as set out in the report and after hearing representations from the Taxi Association Members and the Council's Fleet Manager, it was
(1) T H A T the proposal to adopt a new classification of vehicle relating to minibuses with an automated wheelchair access lift be adopted as shown at Appendix A to the report.
(2) T H A T the upper age limit at which a licence would be granted in respect of minibuses with an automated wheelchair access lift be adopted as shown at Appendix A to the report.
(3) T H A T a condition be attached to all Prestige Three type vehicle licences, stating that an automated wheelchair access lift must remain fitted to the vehicle in order for that vehicle to remain licensed.
Reason for decisions
(1-3) to ensure that applications for hackney Carriages and Private Hire Vehicles are considered on an equitable basis in all cases, and to maintain a fair and equitable trading environment.
496 LIVE MUSIC ACT 2012 FOR INFORMATION REPORT (DDS) -
The Live Music Act, which had come into force on 1st October, 2012, permitted many small venues to provide live music performances without holding a music licence. The amendments the Act had made to the Licensing Act 2003 were outlined within the report and related to both premises licensed for the sale of alcohol and those which were unlicensed. Basically, the provision of facilities for making music, the provision of facilities for dancing and the provision of facilities for anything similar to either music or dancing were no longer licensable activities under the Licensing Act 2003. Reference was also made in the report to the broadening of the current exemption in relation to Morris dancing and other similar forms of dance to include amplified, live and recorded music when used to accompany such dancing.
RESOLVED – T H A T the report be noted.
Reason for decision
To be aware of the changes in the administration of the licensing function.
497 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.
498 APPLICATION FOR HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE DRIVER’S LICENCES – E. (EXEMPT INFORMATION – PARAGRAPHS 12, 13 AND 14) (DDS) –
The purpose of the meeting was to determine whether or not E. was a fit and proper person to hold Vale of Glamorgan Council Hackney Carriage / Private Hire Vehicle Driver’s Licences. E. was in attendance and spoke on his own behalf after having had the procedure to be adopted during the course of the meeting explained to him.
In essence, inaccurate information had been provided by E. on the application form and the CRB disclosure had demonstrated that E. had failed to disclose all previous convictions. The Head of Public Protection, assisted by the Team Leader (Licensing), outlined the circumstances of the case. E. responded to questions following the conclusion of which Members of the Committee deliberated on the evidence in private.
Upon reconvening, the Chairman notified E. 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.
499 APPLICATION FOR HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE DRIVER’S LICENCES – FOR INFORMATION REPORT - A. (EXEMPT INFORMATION – PARAGRAPHS 12, 13 AND 14) (DDS) –
The Committee was notified of the actions taken by Licensing Officers in respect of A. A.’s Hackney Carriage and Private Hire Driver’s Licences had been suspended with immediate effect pending the outcome of court proceedings. Details of the complaint which had been made against A. which were the subject of the court proceedings were read out for Members’ information
RESOLVED – T H A T the position be noted.
Reason for decision
Having regard to the background.