657(A)
LICENSING COMMITTEE
MINUTES of an Extraordinary meeting held on
23rd November, 2006.
Present: Councillor Mrs. V.M. Hartrey
(Chairman); Councillor Mrs. A.J. Preston (Vice-Chairman);
Councillors Mrs. C.V.L. Clay, J. Clifford, Mrs. M. Randall, A.J.
Readman, J.W. Thomas and Mrs. M.R. Wilkinson.
545A
APOLOGIES FOR ABSENCE -
These were received from Councillors Mrs. J.E.
Charles, Miss J. Cole, S.C. Egan, N.J. Gibbs and A.D. Hampton.
545B
DECLARATIONS OF INTEREST -
There were no declarations of interest.
545C THE GAMBLING ACT 2005 (DLRS) -
The Gambling Act 2005 introduced Premises
Licences and Permits which would be administered and enforced by
local authorities. Local authorities had a duty under the
Gambling Act 2005 to develop, consult on and publish a Statement of
Principles by 3rd January, 2007. This Statement
sets out the principles that the Authority proposed to apply in
exercising its licensing functions under the Act. On
19th July, 2006, Cabinet approved the Council’s draft
Statement of Principles for consultation. The statutory
consultation closed on 13th October, 2006. The
original draft Statement of Principles was subject to extensive
consultation with the members of the trade, responsible authorities
and elected Members. Comments received were subject to review
by an Officer Review Panel. An amended draft Statement of
Principles had now been produced and the Licensing Committee were
asked to note the amendments to the draft Statement of Principles
prior to its consideration and approval by Full Council. The
Statement of Principles had to be published by 3rd
January 2007 and reviewed every three years.
RECOMMENDED - T H A T the amended draft
Statement of Principles be noted.
545D
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.
545E
APPLICATION FOR A HACKNEY CARRIAGE / PRIVATE HIRE DRIVERS LICENCE -
M.V.S. (DLRS) (EXEMPT INFORMATION - PARAGRAPHS 19 AND 26) -
The purpose of the interview with M.V.S. was
to determine whether he was deemed to be a fit and proper person to
hold a Vale of Glamorgan Council Hackney Carriage / Private Hire
Drivers Licence. M.V.S. applied to be licensed for Hackney
Carriage / Private Hire Vehicle Driver on 3rd February,
2006. During the course of the application, M.V.S. declared
several convictions. The Licensing Section then discovered an
anomaly with the relevant forms and subsequent disclosure. A
letter was sent to the CRB requesting clarification in respect of
M.V.S. and the Licensing Officer read out full details of the CRB
disclosure at the meeting. The applicant, in response to a
question from the legal officer, confirmed that the extent and
nature of the convictions disclosed by the CRB check as detailed by
the Licensing Officer were correct.
There was no judicially approved test of
fitness and propriety and accordingly a number of local tests had
been developed throughout Wales and England. These tended to
be based on a test similar to the following:
“Would you, as a Member of the Licensing
Committee, allow your son or daughter, spouse or partner, mother or
father, grandson or granddaughter or any other person for whom you
care, to get into the vehicle with this person alone?”
In the case of Leeds City Council - v- Hussain
2003, Mr. Justice Silber said:
“….the purpose of the power of suspension is
to be protect users of licensed vehicles and those who are driven
by them and members of the public. Its purpose, therefore, is
to prevent licences being given to or used by those who are not
suitable people taking into account their driving record, their
driving experience, their sobriety, mental and physical fitness,
honesty and that they are people who would not take advantage of
their employment to abuse or assault passengers.”
This passage would support the test, detailed
above, for fitness and propriety.
Section 51 (1) of the Local Government
(Miscellaneous Provisions Act 1976) stated:
“Subject to the provisions of this part of the
Act, a district council shall, on receipt of an application from
any person for the grant to that person of a licence to drive
private hire vehicles, grant to that person a driver’s licence:
Provided that a district council shall not
grant a licence -
(a) unless they are
satisfied that the applicant is a fit and proper person to hold a
driver’s licence; or
(b) to any person who has
not for at least twelve months been authorised to drive a motor
car, or is not at the date of the application for a driver’s
licence so authorised.”
Section 59 (2) of the Local Government
(Miscellaneous Provisions) Act 1976 stated:
“Any applicant aggrieved by the refusal of a
district council to grant a driver’s licence on the ground that he
is not a fit and proper person to hold such licence might appeal to
a magistrates’ court.”
Following detailed discussion and
consideration by the Committee, it was
RESOLVED - T H A T the applicant be advised
that the Committee had considered the application and were not
satisfied that due to the extent and nature of the applicant’s
previous convictions that they were a fit and proper person to hold
a licence.
545F
INFORMATION REPORT - G.D. (DLRS) (EXEMPT INFORMATION - PARAGRAPHS
19 AND 26) -
On 4th July 2006, a report was
presented to the Licensing Committee in relation to a complaint
received by the Licensing Section about G.D. On
27th October 2006 G.D. appeared at Barry Magistrates’
Court and his appeal in relation to the revocation of his licences
was heard. The Magistrates considered the matter and the
Licensing Committee’s decision to revoke the Hackney Carriage /
Private Hire Drivers Licence, Private Hire Vehicles Licence and
Private Hire Operators Licence was upheld.
RECOMMENDED - T H A T the contents of the
report be noted.