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LICENSING COMMITTEE

 

Minutes of a meeting held on 21st May, 2013.

 

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

 

 

30        ANNOUNCEMENTS -

 

The Chairman took the opportunity to personally thank Councillor Mrs. M.R. Wilkinson for her support as Vice Chairman for the previous municipal year and welcomed Councillor H.C. Hamilton into the position of Vice-Chairman for the current municipal year.

 

 

31        APOLOGY FOR ABSENCE -

 

These were received from Councillors Mrs. V.M. Hartrey and Ms. R.F. Probert.

 

 

32        MINUTES -

 

RESOLVED - T H A T the minutes of the meeting held on 9th April, 2013 be approved as a correct record.

 

 

33        DECLARATIONS OF INTEREST -

 

No declarations were received.

 

 

34        MINUTES OF THE LICENSING SUB-COMMITTEE -

 

RESOLVED - T H A T the minutes of the Licensing Sub-Committees held on 3rd April, 2013 and 16th April, 2013 be noted.

 

 

35        APPLICATION TO WAIVE THE VALE OF GLAMORGAN'S AGE POLICY GUIDELINES FOR THE GRANT OF A PRIVATE HIRE VEHICLE LICENCE - MERCEDES VITO CE07 VPU (DDS) -

 

The Head of Service advised that a request had been made by Mr. M.R. Khan to waive the Vale of Glamorgan's Council Age Policy Guidelines in respect of his Private Hire Vehicle Licence Application for his Mercedes Vito Registration No. CE07 VPU. 

 

The report highlighted that the vehicle registration had been licensed as a Private Hire Vehicle from 26th February, 2010 to 25th February, 2013 and on the date of the expiry of the licence Mr. Khan had made an application for its renewal.  On 28th February, 2013 Mr. Khan presented two inspection certificates issued by the Alps Depot at the Civic Offices.  The first certificate indicated the vehicle had failed an inspection and was not dated, the second was a pass certificate dated 28th February 2013 three days after the Private Hire Licence for the vehicle had expired. 

 

Following the above, Licensing Officers subsequently visited the Alps Depot and were able to establish that the first failed test had also taken place on 28th February which was three days after the Private Hire Licence for the vehicle had expired.  Officers were therefore not able to approve the renewal of the Private Hire Licence since it had not been presented for testing in time for the expiry of the previous licence and as such the application had been refused.

 

On 22nd April, 2013 Mr. Khan made an application for the grant of a Private Hire Vehicle Licence for the vehicle CE07 VPU. Members were informed that if they were minded to approve the waiving of the Age Policy Guidelines in respect of the vehicle the vehicle would be presented for testing at the Alps Depot and the licence would be issued from the date that it received a satisfactory pass certificate.

 

Mr. Khan who was present at the meeting stated he had nothing further to add in respect of the matter. 

 

Having fully considered the report it was subsequently

 

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

 

Reason for decision

 

Having considered the report and it being acknowledged that the licence would only be issued from the date the vehicle received a satisfactory pass certificate.

 

 

36        GUIDELINES FOR THE REVOCATION OF A HACKNEY CARRIAGE/PRIVATE HIRE DRIVER'S LICENCE (DDS) -

 

The purpose of the report was for the Licensing Committee to consider adopting guidelines for the revocation of a Hackney Carriage / Private Hire Driver's Licence. 

 

In presenting the report, the Head of Service advised that the guidelines would assist the Licensing Authority when determining whether or not an existing licence holder continued to be a fit and proper person to continue to hold a Hackney Carriage / Private Hire Driver's Licence.  The guidelines had been written in accordance with the Local Government (Miscellaneous Provisions) Act 1976 which allowed for consideration of an individual's continued fitness and propriety.  A copy of the guidelines had been circulated prior to the meeting and noted as Appendix A to the report.

 

In considering the report, Members were informed that the main aim of the guidelines was to ensure public safety and although the guidelines would not cover every eventuality they would assist officers in making decisions. 

 

The Chairman stated that in his opinion this was a robust procedure which was clear and easily understandable.

 

Having fully considered the report it was

 

RESOLVED -

 

(1)       T H A T the guidelines be amended to read that in the absence of the Chairman consultation to be undertaken with the Vice Chairman and that in the absence of the Head of Service the guidelines be amended to include the Director.

 

(2)       T H A T the third paragraph in the section entitled 'Following Revocation' be amended to read "Should the application be made prior to the expiry of the revoked licence the applicant will not incur any financial burden.

 

Reasons for decisions

 

(1)       For clarification purposes and in the absence of the Chairman.

 

(2)       In order that no financial burden is incurred.

 

           

37        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.

 

 

38        APPLICATION TO GRANT HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE DRIVER'S LICENCES – L. (DDS) (EXEMPT INFORMATION - PARAGRAPHS 12, 13 AND 14) -

 

Committee was requested to consider an application for the Grant of a Hackney Carriage and Private Drivers Licence which had been received in January 2013. A copy of the application was attached at Appendix A to the report.

 

The application form at 8a asked that applicants declare all previous convictions, cautions, fixed penalty notices, warnings or any other penalty notices.  L. had recorded an answer of none against question 8a on the form. Members were reminded that at the Licensing Committee meeting on 2nd October, 2012 Committee had resolved that assistance must be given to the understanding of the declarations of convictions on an application form. The Head of Service stated that following that resolution an officer now currently reads out the declarations to the applicant before they sign the application form.  However, since the application, the Licensing Section had received L.'s DBS Disclosure Certificate which contained a number of matters that had not been disclosed by L. which were read out by the Principal Licensing Officer at the meeting.

 

L., who was present at the meeting together with a representative, advised that due to the length of time of the convictions, the last one being over ten years ago, he had thought that they had been spent.  L. took the opportunity to offer his apologies to the Committee for not providing the information at the time. 

 

There being no further questions, Members then considered the matter in private.

 

Upon being recalled into the meeting the Chairman advised that having considered the report and the representations made at the meeting the Committee 

 

RESOLVED  -  T H A T  L. be considered to be a fit and proper person to be granted a Hackney Carriage and Private Hire Vehicle Driver's Licences but that a written warning be issued as to future conduct highlighting the importance of fully understanding all paperwork received from the Licensing Department.

 

Reason for decision

 

To ensure decisions of the Licensing Authority are consistent with its Policy and in light of the information and representations presented at the meeting.

 

 

Following consideration of the above matter, Members made the following observations / suggestions to officers in order to assist future applicants: 

 

·               That Paragraph 8a of the application form be highlighted in bold, the brackets around the words 'i.e. regardless of the age of conviction' be removed and that applicants be reminded that no conviction is ever spent for such applications. 

·               That an itemised list of all documents enclosed be recorded in the letter inviting applicants to attend the Licensing Committee meeting in order that applicants are fully aware of the documents that will be put before the Committee when determining their applications.