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LICENSING COMMITTEE

 

Minutes of a meeting held on 1st September, 2015.

 

Present: Councillor A.G. Powell (Chairman); Councillor H.C. Hamilton (Vice-Chairman); Councillors P.J. Clarke, G.A. Cox, Mrs. P. Drake, E. Hacker, Mrs. V.M. Hartrey, Mrs. A.J. Preston, R.P. Thomas and Mrs. M.R. Wilkinson.

 

Also present: Councillor N.P. Hodges.

 

 

317     APOLOGIES FOR ABSENCE –

 

These were received from Councillors C.P.J. Elmore, K. Hatton, Mrs. A.J. Moore, Ms. R.F. Probert and J.W. Thomas.

 

 

318     MINUTES – 

 

RESOLVED – T H A T the minutes of the meeting held on 9th June, 2015 and reconvened on 7th July, 2015, be approved as a correct record.

 

 

319     DECLARATIONS OF INTEREST –

 

No declarations were received.

 

 

320     LICENSING SUB-COMMITTEE, 19TH JUNE, 2015 –

 

RESOLVED – T H A T the minutes of the Licensing Sub-Committee held on 19th June, 2015 be noted.

 

 

321     GAMBLING ACT 2005 STATEMENT OF PRINCIPLES (DHVS) –

 

Committee was requested to endorse the revised Gambling Act 2005 Statement of Principles. 

 

The Gambling Act 2005 gave effect to the Government’s proposals for reform of the law on gambling. 

 

The Act placed a duty on the Council to develop a Statement of Principles that promoted the three licensing objectives:

 

  • Preventing gambling from being a source of crime or disorder, or being used to support crime
  • Ensuring that gambling was conducted in a fair and open way
  • Protecting children and other vulnerable persons from being harmed or exploited.

 

The draft Statement of Principles would be subject to extensive consultation with members of the trade, responsible authorities, current licence holders and Elected Members.  A copy of the amendments to the Statement of Principles was available at Appendix B to the report.

 

There would be a nine week consultation period.

 

The Statement of Principles would take effect on 31st January, 2016.  The Statement must be published, available at Council buildings and notices placed in a local newspaper four weeks in advance of the effective date, which would be 3rd January 2016.

 

Having considered the report, it was

 

RESOLVED –

 

(1)       T H A T the Council’s proposed Gambling Act 2005 Statement of Principles as attached at Appendix A to the report be endorsed for consultation.

 

(2)       T H A T the proposed Gambling Act 2005 Statement of Principles be referred to Cabinet and Scrutiny Committee (Housing and Public Protection) for information.

 

(3)       T H A T the Licensing Committee be provided with feedback from the consultation prior to the final draft Statement of Principles being recommended to Council for approval.

 

Reasons for decisions

 

(1)       To ensure a comprehensive and workable Statement of Principles was in place and that the Vale of Glamorgan Council complies with the requirements of the Gambling Act 2005.

 

(2)       To enable the Scrutiny Committee to consider the proposed changes.

 

(3)       To ensure Cabinet is aware of all feedback from the consultees as part of the decision-making process.

 

 

322     FOR INFORMATION REPORT – MR. JOHN LEWIS (DVSH) –

 

Committee was updated on an Appeal made to the Cardiff Magistrates Court in relation to the revocation of Mr. Lewis’ Hackney Carriage and Private Hire Drivers Licences. 

 

A report had been presented to the Licensing Committee on 12th May, 2015 in relation to Mr. Lewis’ continued fitness to hold Hackney Carriage and Private Hire Drivers Licences. 

 

The report had contained evidence that Mr. Lewis was persistently presenting Licenced vehicles for testing with tyres that were either below the legal limit or tyres that had other damage that precluded the vehicle from passing the test. 

 

Following consideration  of the report and Mr. Lewis’ representation, the Committee resolved to revoke Mr. Lewis’ Hackney Carriage and Private Hire Drivers Licences. 

 

Mr. Lewis had made an Appeal to the Magistrates Court in relation to the Licensing Committee’s decisions.

 

The Appeal was heard in the Cardiff Magistrates Court, where the Bench upheld the Licensing Committee’s decision.

 

A cost application was made and the Magistrates awarded costs in the sum of £250.00 to be paid at a rate of £50.00 per month with the first payment to made within seven days. 

 

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

 

Reason for decision

 

To ensure Members are aware of the outcome of the Appeal.

 

 

323     APPLICATION FOR A STREET TRADING CONSENT – MS. JULIE BRATCHER (DVSH) –

 

Ms. Bratcher was present in support of her application.

 

Committee considered an application for a Street Trading Consent. 

 

An application had been received for a Street Trading Consent from Julie Bratcher of Gwaelod-y-Garth, Cardiff. 

 

The application requested permission to trade from a mobile catering unit, sited on Cosy Corner, Paget Road, Barry Island on 5th November, 2015. 

 

The application fee for a Consent to Trade for a single day was £12 with an approval fee of £44. 

 

Consultation notices regarding the application had been sent to the Commercial Food Team and Highways Departments of the vale of Glamorgan Council as well as South Wales Police and Fire Safety.

 

Elected Members for the Baruc Ward were also sent notices regarding the application.

 

A written objection had been received from Councillor Stefan Wiliam. 

 

Councillor Hodges was offered an opportunity to speak, and advised that he believed that this, and any other such applications, threatened the livelihood of the local traders.  Councillor Hodges believed that the local traders relied on events such as that planned for 5th November to provide a boost to their livelihood.

 

Mobile units had little overheads and the Council had a duty of care to the business.

 

Ms. Bratcher was offered an opportunity to respond and replied:

 

  • she supported the Vale of Glamorgan area as a result of purchasing all her stock from the area
  • she paid rent for the site to the landowner
  • a donation is made to the Rotary Club
  • queues on previous events had been very long.

 

In order for the Committee to receive legal advice on the application, it was

 

RESOLVED - T H A T under Section 100A(4) of the Local Government Act 1972 the press and public be excluded from the meeting in order that the Committee may receive legal advice on the grounds that it contained the likely disclosure of exempt information as defined in Paragraph 16, Part 4 of Schedule 12A (as amended) of the Act.

 

Following receipt of such advice, the press and public were re-admitted.

 

The Legal Officer advised of the provisions of the Local Government (Miscellaneous Provisions) Act 1982 insofar as it related to Street Trading Consent, including the grounds by which a Street Trading Consent shall not be granted.

 

Members noted the circumstances in which a Consent may be refused.

 

Ms. Bratcher advised that:

 

  • this was her full-time business and she owned a number of vans
  • she applied to many Councils for Street Trading Consents
  • the business had been running for some 15 years
  • she operated from a permanent pitch at Porthkerry Car Boot Sale
  • Consents had been granted by the Council for a number of years on the Cosy Corner site for 5th November.

 

Members were advised that legislation did not specify who the Council should consult with regarding an application for Street Trading Consent and the Council would not have consulted with the local traders on this occasion.

 

Having considered the application, the representations of Councillor Hodges and Ms. Bratcher and having regard to the provisions of the Local Government (Miscellaneous Provisions) Act 1982, it was

 

RESOLVED - T H A T the application submitted by Ms. J. Bratcher for a Street Trading Consent to trade from a mobile catering unit, to be sited on Cosy Corner, Paget Road, Barry Island on 5th November, 2015 be granted.

 

Reason for decision

 

Having regard to the application.

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