Minutes of a meeting held on 9th July, 2013.
Present: Councillor A.G. Powell (Chairman); Councillor H.C. Hamilton (Vice-Chairman); Councillors G.A. Cox, Mrs. P. Drake, Mrs. V.M. Hartrey, Mrs. A.J. Moore, Mrs. A.J. Preston, J.W. Thomas and R.P. Thomas.
182 APOLOGIES FOR ABSENCE -
These were received from Councillors K.J. Geary, K. Hatton, N. Moore, Ms. R.F. Probert and Mrs. M.R. Wilkinson.
183 MINUTES -
RESOLVED - T H A T the minutes of the meeting held on 21st May, 2013 be approved as a correct record.
184 DECLARATIONS OF INTEREST -
No declarations were received.
185 PROPOSED AMENDMENTS TO THE CURRENT POLICY REGARDING STREET TRADING CONSENTS (DDS) -
The report set out proposals to amend the current licensing of trading as part of a community event.
The Committee was also apprised of the Street Trading Consent fees which were approved by the Committee on 9th April, 2010 and took effect as of 1st April, 2010. Also included in the report were details of the application process for a Street Trading Consent regardless of the purpose or duration of the activity and the standard fee for such a consent for one day (£12 for the application followed by an approval fee of £44, £56 in total). Officers had been aware of a number of issues that had arisen in the past in relation to such consents at community events with both prospective traders and event organisers finding the current process costly and onerous. There was concern that this was having a negative impact on community events by discouraging traders from participating. The Committee noted that a number of local authorities had made special provisions to promote trading at community events in their areas, either by reducing or negating such fees or by exempting traders participating in such events from street trading controls.
It was proposed that in order to address the above issues the application process for traders wanting to operate for one day as part of a community event be simplified. In the event of new arrangements being adopted, traders would be required to submit an application form a minimum of 10 working days prior to the event to the Council's Licensing Section. Such an application would need to be accompanied by written confirmation from the community event organiser that the applicant was to trade as part of any event. A limited consultation process would also take place on receipt of an application where there were likely to be implications for highway safety or environmental health. Subject to the above, traders would be issued with a consent notice from the Licensing Authority confirming permission to trade at a community event and a charge of £12 per trader would be levied to cover the Council's administration costs.
Any traders at the event that had not been granted a consent would be treated as unauthorised and would be subject to legal action.
Having regard to the report and having given due consideration to the matter it was
(1) T H A T the application process in regard to Street Trading Consent for traders wishing to operate for one day as part of a community event be amended on the basis of the terms set out in Paragraphs 11 to 15 of the report.
(2) T H A T a charge of £12 per trader be approved to cover the Council's administration costs associated with such Consents.
Reason for decisions
(1&2) To support and encourage participation in community events by relieving perspective traders of the burden of obtaining a full Street Trading Consent.
186 APPLICATION TO WAIVE THE VALE OF GLAMORGAN COUNCIL'S AGE POLICY GUIDELINES FOR THE GRANT OF HACKNEY CARRIAGE VEHICLE LICENCE - VOLKSWAGEN PASSAT - CU56 LDK (DDS) -
Mr. R. Ahmed had submitted a request to waive the Council's Age Policy Guidelines in respect of the above vehicle.
In referring to the report the Head of Public Protection indicated that the above mentioned vehicle had been licensed as a Hackney Carriage Vehicle No. HC138 from 8th November, 2011 to 16th April, 2013. Mr. Ahmed last renewed the said licence on 7th March, 2013. On 8th March, 2013 the vehicle had been involved in a road traffic accident with Mr. Ahmed notifying the Council's Licensing Section on 11th March, 2013. Consequently, on 11th March, 2013 the Council's Licensing Section issued a Section 60 Suspension Notice to Mr. Ahmed. Subsequently, on 16th April, 2013 Mr. Ahmed had surrendered the Hackney Carriage Licence in respect of the vehicle and returned the Licence Plate advising the Licensing Section that the vehicle would be deemed economical repair by his insurance company. However, on 14th June, 2013 Mr. Ahmed delivered a letter to the Licensing Section requesting an exemption from the Guidelines and made application for the said vehicle. A copy of the request was attached at Appendix A to the report.
At this juncture the Chairman invited Mr. Thomas (Vale of Glamorgan Taxi Association) to provide the Committee with a brief explanation of the circumstances and mechanism in regard to the taxi insurance industry's arrangements in respect to temporary replacement of taxi vehicles, the costs associated with the same, the general principals in regards to insurance excesses for taxi vehicles and insurance company change of stance when assessing a claim and consideration to writing off a vehicle. Mr. Thomas was of the view that due to this change of stance there would be an increase in such applications to the Committee for consideration in the future.
In response to comments made by Mr. Thomas, the Committee was of the view that these matters were outside the control of the Council and as such it was a matter between the individual and their respective insurance companies. Each application would be considered on its own merit
Having regard to the contents of the report and giving due consideration to the matter it was
(1) T H A T the application be granted.
(2) T H A T a further report be submitted to the next meeting of the Committee regarding amendments to officers existing delegated authority to deal with applications for waiving the Council's Age Policy Guidelines in instances where officers were recommending that an application be granted.
Reasons for decisions
(1) The Committee was satisfied that the vehicle met the requirements of Section 48 of the Local Government (Miscellaneous Provisions) Act 1976.
(2) To give consideration to amending existing officer scheme of delegations in respect of the Council's Age Policy Guidelines.
187 LICENSING ACT 2003 (DESCRIPTIONS OF ENTERTAINMENT) (AMENDMENT) ORDER 2013 (INFORMATION REPORT) (DDS) -
The Committee was apprised of the commencement of the above Act and outlined the amendments to the same details of which were set out in Appendix A for the information of the Committee.
RESOLVED - T H A T the amendments to the Licensing Act 2003 (Descriptions of Entertainment) (Amendment) Order 2013 be noted.
Reason for decision
To apprise the Committee of the changes in regard to the administration of the Council's Licensing functions.