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LICENSING COMMITTEE

 

Minutes of a meeting held on 9th April, 2013.

 

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

 

 

1020   ANNOUNCEMENTS -

 

The Chairman

  • drew Members’ attention to the Members’ Pack as tabled at the meeting dated 5th March, 2013 which had been amended at Sections 2 and 13
  • reminded Members of the training arranged for Monday, 15th April at 9.30am in the Council Chamber.

 

1021   APOLOGY FOR ABSENCE –

 

This was received from Councillor Mrs. V.M. Hartrey.

 

 

1022   MINUTES -

 

RESOLVED - T H A T the minutes of the meeting held on 5th March, 2013 be approved as a correct record.

 

 

1023   DECLARATIONS OF INTEREST -

 

Councillor A.G. Powell declared an interest in Agenda Item No. 8 – application to renew hackney carriage and private hire vehicle driver’s licences – A. in that the Applicant’s companion was a personal friend and vacated the room during consideration of the same, the Vice-Chairman assuming the Chair.

 

 

1024   MINUTES OF THE LICENSING SUB-COMMITTEE –

 

RESOLVED – T H A T the minutes of the Licensing Sub-Committee held on 30th January, 2013 be noted.

 

 

1025   APPLICATION TO WAIVE THE VALE OF GLAMORGAN’S AGE POLICY GUIDELINES FOR THE GRANT OF A PRIVATE HIRE VEHICLE LICENCE – MERCEDES VITO, T16 BAY (DDS) –

 

The Head of Public Protection took Members through the report which referred to the Council’s Conditions of Licence required that on application for the renewal of a licence the vehicle was presented for testing up to 10 working days prior to the expiry of the licence.  He indicated that Mr. Gareth Williams, the applicant, had not complied with that requirement.  Mr. Williams was in attendance and confirmed that the failure to present the above vehicle for testing within the prescribed time had been an oversight on his part.

 

Having considered the position and the officer recommendation on this matter, it was

 

RESOLVED – T H A T the application to waive the Age Policy Guidelines be granted.

 

Reason for decision

Members are satisfied with Mr. Williams’ explanation and that the vehicle meets the requirements of Section 48 of the Local Government (Miscellaneous Provisions) Act 1976.

 

 

1026   DELEGATION TO OFFICERS FOR CANCELLATION OF A SMALL SOCIETY LOTTERY REGISTRATION (DDS) –

 

Authority was sought to allow Licensing Officers to cancel Small Society Lottery registrations due to the non payment of annual fees.

 

RESOLVED – T H A T authority to cancel Small Society Lottery registrations due to the non payment of annual fees be delegated to Licensing Officers and that a report detailing any cancellations made under delegated authority be submitted to the Committee on an annual basis.

 

 

1027   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 item of business on the grounds that it involves 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.

 

 

1028   APPLICATION TO RENEW HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE DRIVER’S LICENCES – A. (DDS) (EXEMPT INFORMATION – PARAGRAPHS 12, 13 AND 14) –

 

A. was in attendance together with his companion (who stated that his purpose was to give moral support).  In response to questions, A. confirmed that he had read the report before the Committee and that he understood the procedure that would be adopted in the hearing.

 

The Head of Public Protection then presented the report, drawing attention firstly to the decision of the Committee in January, 2012 when, having interviewed A., Members resolved that A. remained a fit and proper person to hold Hackney Carriage and Private Hire Driver’s Licences despite the absence of an up to date and accurate Criminal Records Disclosure.  A. had been issued with a written warning as to his future conduct.

 

Upon application to renew the Licences with effect from 29th January, 2013, A. was required to make application for a Disclosure and Barring Service (DBS) certificate (which has replaced the previous CRB) which necessitated A. providing details of all his addresses in the last five years.  A. had subsequently made application for a DBS certificate and had supplied the required details of his addresses following the meeting of this Committee in January, 2012.  Given that there remained discrepancies in those details, no satisfactory DBS Disclosure certificate had been received by Licensing Officers in respect of the Applicant.

 

A further matter considered by Members related to the fact that A., whilst declaring on his application for renewal that he had received three penalty points for an offence committed in May, 2012, had failed to notify the Licensing Authority within the seven days stipulated in the Conditions of Licence.  Reference was also made within the report of the audit undertaken in March 2012 by Bridgend and the Vale Internal Audit Service in relation to taxi licensing CRB checks.

 

A. then spoke on his own behalf, referring to his letter dated January, 2013 as appended to the report and asked that Members determine his application for renewal in the way they had in previously.  In response to questions, he indicated his wish to submit an application for a DBS Certificate but needed a counter-signatory.  The Licensing Officer present explained her inability to act in that respect but stated that information had been provided to the DBS.  When asked about the delay in notifying the Licensing Authority of his conviction and the fact that he had received a warning letter as to his future conduct, A. stated that he had been abroad on several occasions that year and that when he returned it was almost time to renew the licences.  A. accepted that he had made an error in that respect.  Reference was then made to the discrepancies in the details provided regarding A.’s various addresses.  A. replied that his main address had always been in Holton Road, Barry but that, whilst he had lived at numerous temporary addresses, he had kept no record as to the dates as those addresses.  He stated that he had lived in his current address since he had moved in April, 2012.

 

There being no further questions, Members considered the matter in private.  Upon being recalled into the meeting, A. was notified of the Committee’s decision and his right of appeal against that decision.

 

RESOLVED – T H A T, as the Committee could not be satisfied that A. was a fit and proper person to hold Hackney Carriage and Private Hire Driver’s Licences, the application be refused.

 

Reason for decision

 

The inability of the Licensing Authority to obtain a satisfactory DBS Certificate in respect of A. and A.’s  breach of a condition of the licence (despite being in receipt of a warning letter) by failing to notify the Authority of a conviction.