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LICENSING COMMITTEE

 

Minutes of a meeting held on 10th December, 2013.

 

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

 

 

673     APOLOGIES FOR ABSENCE –  

 

These were received from Councillors G.A. Cox, Mrs. V.M. Hartrey, K. Hatton, N. Moore and Mrs. M.R. Wilkinson.

 

 

674     MINUTES –  

 

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

 

 

675     DECLARATIONS OF INTEREST –  

 

Councillors Mrs. A.J. Preston, J.W. Thomas and R.P. Thomas declared an interest in Agenda Item No. 6 in that they were members of the Conservative party.

 

 

676     MINUTES OF LICENSING SUB-COMMITTEE –

 

RESOLVED – T H A T the minutes of the Licensing Sub-Committee held on 25th October, 2013 be noted.

 

 

677     SCRAP METAL DEALERS ACT 2013 (REF) –

 

The Cabinet had on 2nd December 2013 referred the report to the Licensing Committee for information.  The Head of Service advised that the Scrap Metal Dealers Act 2013 replaced the previous registration system for scrap metal dealers created by the 1964 Scrap Metal Dealers Act.  A new licensing regime had been created and the new licensing arrangements would be managed and administered by local authorities.  The Act required every scrap metal dealer to hold a licence as to operate without one would be a criminal offence.  The licence would run for a period of three years and, if convicted of trading without a licence, an offender could be fined. 

 

Members were informed that any application would be accompanied by a fee which can be set locally by each local authority on a cost recovery basis.  However, Local authorities must have regard to guidance issued by the Secretary of State and having had regard to this guidance the fees proposed for the Vale of Glamorgan Council were as follows:

 

 

New

Renewal

Variations

Site Licence

£277

£261

£48

Collectors Licence

£228

£201

£48

 

The fees had been calculated by estimating the time taken to carry out the functions associated with the new licensing regime (but not including any element of enforcement of the same function) and multiplying it by the unit costs provided by accountancy of the officer(s) carrying out the function.  The fees would need to be reviewed every year to ensure they were calculated in accordance with relevant guidance. It was noted that appropriate competent officers would now need to be authorised to enforce the new procedure in accordance with the Council’s statutory obligation.

 

The terms of reference of the Licensing Committee would also need to be amended to consider appeals, revocations or variations and this would have to be agreed by Council in order that the Constitution could be amended accordingly.  Failure to introduce the Scrap Metal Dealers Act 2013 would prevent operators carrying on business as scrap metal dealers in the Vale of Glamorgan.  The Chairman confirmed that licences were required for operators for any street collections as well as for yards themselves.

 

In presenting the report it was also noted that any person taking scrap metal to the dealer would also be expected to provide identification.

 

In response to a query regarding the cost implications to the local authority, it was confirmed that the fees could be charged as detailed in paragraph 17 of the report but enforcement costs could not be recharged.

 

Having considered the report it was

 

RESOLVED – T H A T the contents of the report be noted.

 

Reason for decision

 

In view of the contents contained therein.

 

 

678     CANCELLATION OF CLUB GAMING PERMIT – BARRY DOCK CONSERVATIVE CLUB (DDS) –

 

The report advised that Barry Dock Conservative Club had been issued with a Club Gaming Permit on 15th June 2010 and that the permit had been  surrendered with confirmation of the surrender sent on 1st July 2013.  Committee approval was sought to cancel the club gaming permit as officers did not have delegated powers in respect of this matter.  On 3rd September 2013 Barry Dock Conservative Club had made an application for a Club Gaming Permit stating that they had surrendered the first permit in error.  The permit was issued on 6th September with a cover letter which also stated the requirement to pay the first annual fee on or by 6th October 2013.  No annual fee was received by the Licensing Section by this date and a call was made to the applicant on 9th October 2013, but the applicant was no longer available on that number.  On 12th November 2013 a further letter was sent requesting payment of the first annual fee and notification of a request for cancellation at Committee.  A copy of the letter was attached at Appendix B to the report.

 

Having considered the report it was subsequently

 

RESOLVED – T H A T the Club Gaming Permit for the Barry Dock Conservative Club be cancelled due to non payment of the annual fee.

 

Reason for decision

 

Due to non payment of the fee.

 

N.B.  Councillors Mrs. A.J. Preston, J.W. Thomas and R.P. Thomas vacated the room during the consideration of this item

 

 

679     APPLICATION TO WAIVE THE VALE OF GLAMORGAN’S AGE POLICY GUIDELINES FOR THE GRANT OF HACKNEY CARRIAGE LICENCE – VAUXHALL ZAFIRA FA05 AFY (DDS) –

 

Vehicle registration number FA05 AFY was licensed as a Private Hire Vehicle number PH128, from 30th September 2010 to 29th September 2013.  On 12th September 2013 the Private Hire Vehicle Licence was suspended under Section 60 of the Local Government (Miscellaneous Provisions) Act 1976, Mr. Lewis having informed the Licensing Section that the vehicle was off the road due to a mechanical fault.  On 29th September 2013 the Private Hire Vehicle Licence PH128 had expired with no application for renewal having been made.  Members were advised that the vehicle being more than five years old was beyond the age at which the grant of a licence was allowed under the Vale of Glamorgan’s Age Policy Guidelines.  On 29th November 2013 an application was made by Mr. Lewis application for the grant of a Hackney Carriage Licence for his vehicle FA05 AFY.  Mr. Lewis accompanied his application with a letter requesting that the Age Policy Guidelines be waived in respect of the vehicle.  Mr. Lewis had indicated in the letter that he had not made a renewal application because he thought that the Section 60 Suspension Notice extended the life of the licence.  A copy of the letter was attached at Appendix A to the report.

 

Prior to making a decision the Chairman asked Mr. Lewis, who was present at the meeting, if he wished to make any further comments to the Committee. Following the response that no further comments were to be made the Committee subsequently

 

RESOLVED – T H A T the request to waive the Age Policy Guidelines be granted and that Mr. Lewis be reminded that future vehicle renewal applications must be made in a timely manner.

 

Reason for decision

 

Having taken into account Mr. Lewis’ letter detailed at Appendix A to the report and the officer’s recommendation.

 

 

680     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.

 

 

681     FOR INFORMATION REPORT – B. (DDS) –

 

Members were apprised of a situation that had arisen in relation to the revocation of a Hackney Carriage Private Hire Driver’s Licences.  A complaint had been received by the taxi firm that B worked for which had been referred to the Licensing section of an incident that had taken place in the early hours between an elderly passenger and the taxi driver. Following a full investigation by  Licensing officers under delegated authority B.’s Hackney Carriage and Private Hire Driver’s Licences was revoked with immediate effect and the report was before Committee for information. 

 

The Chairman also advised the Committee that at the time he had been apprised of the issue and had concurred with the action that had been taken by the Licensing officer.

 

RESOLVED – T H A T the contents of the report be noted.

 

Reason for decision

 

In view of the action taken by officers under delegated authority.

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