EXTRAORDINARY LICENSING COMMITTEE

 

MINUTES of an extraordinary meeting held on 7th December, 2006.

 

Present:  Councillor Mrs. V.M. Hartrey (Chairman); Councillor Mrs. A.J. Preston (Vice-Chairman); Councillors Mrs. J.E. Charles, Mrs. C.V.L. Clay, J. Clifford, Miss. J. Cole, E. Hacker, A.D. Hampton, Mrs. M. Randall, A.J. Readman and J.W. Thomas.

 

 

620        APOLOGIES FOR ABSENCE -

 

These were received from Councillors A.G. Powell and Mrs. M.R. Wilkinson.

 

 

621        DECLARATIONS OF INTEREST -

 

No declarations of interest were received.

 

 

622       APPLICATION FOR STREET TRADING CONSENT: MR. OLIVER SIMONIN (DLRS) -

 

Consideration was given to an application for a Street Trading Consent received from Mr. Oliver Simonin to trade on the pedestrian area, Holton Road, Barry for the period 7th - 9th December 2006.  The pedestrian area of Holton Road was designated as a consent street, therefore permitting the Council to consider applications for street trading in this area.  At the Cabinet meeting of 29th March, 2006, an application fee of £40 was set and it was agreed that the balance of the fee would be determined by the Committee should a consent be granted.  The balance of fee had to include administration and enforcement costs and it was

 

RESOLVED - T H A T the balance of fee be set at £70.

 

 

623       APPLICATION FOR EXEMPTION FROM A PRIVATE HIRE VEHICLE CONDITION: DOOR STICKERS (DLRS) -

 

A request had been received from Mr. Richard Francis to be exempt from the Council’s Private Hire Vehicle Condition in relation to Private Hire Vehicle identification door stickers.  Condition 5b of the Council’s conditions attached to Private Hire Vehicle licences required that all Private Hire Vehicles licensed by the authority had adhesive door identification stickers.  These were issued by the Council and had to be permanently fixed to the front doors of the vehicle.  The Licensing Section had for some time, strictly enforced this condition, as previously, proprietors had tended to fix the door stickers by means of magnetic plastic.  This practice resulted in a number of the stickers being lost or stolen.  The concern of officers was that if door stickers were removed they could easily be applied to an unlicensed vehicle increasing the risk to public safety. 

 

Mr. Francis was a licensed Hackney Carriage and Private Hire Vehicle driver and he also undertook regular private hire work and part of this was to service a contract with HSBC Bank Ltd.  A letter had now been received from the HSBC Bank requesting that when their staff were being transported the vehicle operated by Mr. Francis be permitted to operate without the door stickers.  Mr. Francis was not requesting a total exemption from using the door stickers but was asking to be permitted to fix the stickers to magnetic plastic so that he could remove them when fulfilling his HSBC Bank contracts. 

 

RESOLVED - T H A T the request by Mr. Richard Francis to be exempt from the Council’s Private Hire Vehicle Condition in relation to Private Hire Vehicle identification door stickers be refused in the interests of public safety and in order to adhere to Council policy.

 

 

624      APPLICATION TO ALLOW ROOF LIGHTS ON HACKNEY CARRIAGES WHICH INCORPORATE ADVERTISING MEDIA (DLRS) -

 

On 7th November, 2006 the Committee considered an application from Mr. McAuley of Marvin Mobile Media Ltd., to allow the use on Hackney Carriages licensed by the authority of a style of roof light that incorporated advertising.  Members after considering the matter asked Mr. McAuley to provide additional information. 

 

There was no prescribed form for roof lights on Hackney Carriages but the Council’s conditions 8 (a) and (b) attached to Hackney Carriage Vehicle Licences required that certain wording was included on the sign.  All advertising on Hackney Carriages had to be approved in writing by the Council.  All adverts intended for use by Marvin’s Mobile Media Ltd., would have to be approved in writing and secondly the proprietor of every vehicle where the proprietor intended to use the system would be required to apply in writing to use the roof light and would not fit the light until authorised in writing.  The light had three lighting sections.  The sections at either end which would identify the vehicle as a Hackney Carriage would be switched on and off by operating the meter or auxiliary switch required by condition 8 (c).  The suppliers intention was that the central section, which had the advertising affixed to it, would operate separately and would remain lit even when the front and rear sections were not lit.  The Fleet Manager had examined the vehicle fitted with the sign and thought that it seemed adequate but was of the opinion that any sign and fittings should be included in the inspection regime. 

 

RESOLVED –

 

(1)       T H A T the following conditions to the existing grant and future grant of such licences be attached -

 

(i)         the use of a style of roof light that incorporated advertising be approved subject

            to approval of each advert by licensing officers in consultation with the Chairman

            of the Licensing Committee, a copy of which must be submitted by Marvin Mobile

            Media Ltd to the Licensing Section before its use.

and

 

(ii)         that each Hackney Carriage proprietor applies in writing to the Licensing Section

            for permission to fit the signs.

and

 

(iii)        that each proprietor provides proof in writing to the Licensing Section that

            the vehicle insurers are aware of the fitting of the roof sign.

and

 

(iv)        that the vehicle continues to be insured for use as a Hackney Carriage.

 

and

(v)        that such fitting of the roof sign be included in the Hackney Carriage inspection

            regime carried out by the Alps Depot.

 

 

625       CONVERSION OF LICENSED VEHICLES TO LIQUID PETROLEUM GAS (DLRS) -

 

An application had been received to allow a licensed vehicle to be converted to Liquid Petroleum Gas (LPG).  The Council’s conditions which related to any fittings or signs being attached to Hackney Carriages and Private Hire Vehicles conditions 11(b) and 12(b) required that proprietors obtained written consent from the Council before any alteration was carried out to a Hackney Carriage or Private Hire Vehicle. 

Members were asked to consider whether they would permit the use of LPG in Hackney Carriage or Private Hire Vehicles licensed by the authority and whether or not they would allow existing vehicles licensed by the authority to convert to LPG.  In addition they were requested to consider whether or not they would allow such vehicles to be fitted with toroidal gas tanks (commonly referred to as donut tanks) which would effectively displace the space wheel, jack and wheel brace.  If Members were minded to resolve to allow the use of LPG in Hackney Carriages and Private Hire Vehicles licensed by the authority they had to consider the checks necessary to ensure the vehicles remained safe for use by the public.  This could be achieved by attaching conditions relevant to the existing grant of licence. 

 

Consideration was also given to the requirement that all LPG run vehicles were initially tested by an installer approved by the Liquid Petroleum Gas Association (LPGA) and that the proprietor provided a safety certificate issued by the installer.  It could be a further requirement that an annual safety test certificate issued by an approved LPGA installed be required to be produced by the proprietor to the licensing section.

 

RESOLVED -

 

(1)       T H A T the use of Liquid Petroleum Gas in licensed Hackney Carriages and Private Hire Vehicles be approved.

 

(2)       T H A T the following conditions to the existing grant and future grant of such licences be attached -

 

(i)         Proprietors of licensed Hackney Carriage or Private Hire Vehicles must produce a

            safety certificate on installation of LPG and annually thereafter.  This must be

            issued by an installer who must be approved by the Liquid Petroleum Gas

            Association and produced to the Licensing Section on application.

and

 

(ii)        Proprietors of licensed Hackney Carriage or Private Hire Vehicles must produce a

           safety certificate when the Licensing Officer or authorised tester at the Alps

           Garage is not satisfied that the LPG system remains safe.  This will be at the

           expense of the proprietor, and must be produced within two weeks following the

           request.

and

 

(iii)       That each proprietor provides proof, in writing to the Licensing Section that the

           vehicle insurers are aware of the installation of LPG to the vehicle.

 

 

626      APPLICATION FOR EXEMPTION FROM SPARE WHEEL CONDITION (DLRS) -

 

Members were asked to consider the use of Emergency Repair Kits as an approved alternative method to the requirement in condition 12(m) of the Conditions Attached to Private Hire Vehicle Licenses and condition 11(m) of the Conditions Attached to Hackney Carriage Vehicles to carry a spare tyre, wheel brace and jack.  The Licensing Section had received applications from two proprietors in respect of four vehicles being exempt from condition 11(m) of the Conditions Attached to Private Hire Vehicles regarding the carrying of a spare wheel brace and jack, namely:

 

“Each vehicle is to carry a spare wheel to be in good condition and to be carried in an easily accessible position on all vehicles, or an alternative arrangement regarding the replacement of wheels should first be submitted to the Council in writing and accepted and approved by the Council.”

 

The Licensing Section anticipated further requests of this nature and asked that the report be considered as a request in relation to all licensed vehicles.  The presence or condition of a spare wheel was not an MOT requirement, however, Hackney Carriage and Private Hire Vehicle Licence Conditions required that a spare wheel was carried and maintained in good condition.

 

Members had considered this matter in relation to the new Ford Galaxy on 7th November, 2006.  It was resolved that the use of a ‘contimobility kit’ would be permitted, in respect of the vehicles mentioned in that report only, in place of a spare wheel, brace and jack.  This kit was supplied on the new Ford Galaxy by the manufacturer as there was not supposed to be sufficient room for the provision of a spare wheel.

 

Officers had conducted research into types of emergency puncture repair kits and found that there were several different types available on the market.  Members were required to consider whether this type of product was a suitable alternative arrangement for use in licensed vehicles instead of the need for spare wheels, braces and jacks.  Attention was drawn to the fact that this product could not be visibly checked once used in tyres and officers would not be able to ensure there was adherence to the recommended limited time the product was used.  It was also the view of officers that the use of emergency repair kits was not a suitable alternative to carrying a spare wheel, brace and jack as their use could not be enforced or regulated.  There was also the potential for the use of such kits to be abused by proprietors and their drivers which could result in increased risk to public safety.

 

Members of the trade present at the meeting confirmed that in their opinion the use of emergency puncture repair kits were not suitable for Hackney Carriage or Private Hire Vehicles because of the increased risk to public safety.  In the interests of public safety, it was

 

RESOLVED - T H A T the current applications received from two proprietors to be exempt from condition 11(m) of the Conditions attached to Private Hire Vehicles regarding the carrying of a spare wheel, brace and jack, be refused and that the use of Emergency Repair Kits as an approved alternative method to the requirement in condition 11(m) of the Conditions attached to Private Hire Vehicles be opposed and that the need to adhere to condition 11(m) of the Conditions Attached to Hackney Carriage Vehicles to carry a spare tyre, wheel brace and jack be confirmed.

 

 

627       APPLICATION TO ALLOW A ROOF BOX TO BE FITTED TO A PRIVATE HIRE LICENSED VEHICLE (DLRS) -

 

A request had been received from Mr. Andrew Dawson Brown for permission to fit an Auto Plas 415 litre roof box onto three Private Hire Vehicles namely PH099, PH161 AND PH120.  Condition 12(p) of the Council’s conditions attached to Private Hire Vehicle licences stated that:

 

“No fittings or signs to be attached inside or outside vehicles unless approved by the Council.”

 

Condition 13 of the Council’s conditions attached to Private Hire Vehicle licenses stated that:

 

“No alterations shall be made to the appearance of the vehicle without the prior written consent of the council.”

 

Members were also asked to consider “that if the use of a roof box on the specific vehicles was permitted, whether the roof box had to be permanently affixed to the vehicle.”

 

RESOLVED - T H A T the use of a roof box fitted in accordance with the manufacturer’s guidelines be approved, subject to inspection by the Fleet Manager or his representative at the Alps Depot.

 

 

628        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.

 

 

629        APPLICATION FOR A HACKNEY CARRIAGE/PRIVATE HIRE DRIVERS LICENCE - R.M.B. (DLRS) (EXEMPT INFORMATION - PARAGRAPHS 19 AND 26) -

 

The purpose of the interview with R.M.B. 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.  R.M.B. applied to be licensed as a Hackney Carriage/Private Hire Vehicle Driver on 24th October, 2006.  During the course of the application R.M.B. declared several convictions some of which were not listed on the CRB disclosure.  Licensing Officers indicated that where information received needed further clarification it was usual to defer the application.  However, as the applicant had volunteered additional information and any delay in considering his application could be detrimental it had been brought to Committee’s attention.  Licensing Officers did not have delegated powers to enable them to consider an application in these particular circumstances. 

 

The Chairman advised the applicant that the Council expected the highest standards from its drivers and it was

 

RESOLVED - T H A T a Hackney Carriage/Private Hire Drivers Licence be granted to R.M.B. together with a written warning as to the applicant’s future conduct.

 

 

630        DISCIPLINARY MATTER - K.E. (DLRS) (EXEMPT INFORMATION - PARAGRAPHS 19 AND 26) -

 

On 23rd November, 2006 K.E. reported to the Licensing Section that he had been disqualified from driving for a period of eight weeks.  Using delegated authority, Licensing Officers suspended K.E.’s Hackney Carriage and Private Hire Vehicle Driver Licences.  Members were asked to consider whether K.E. was a fit and proper person to hold a Hackney Carriage and Private Hire Vehicle driver licences in view of his convictions.  The employer of K.E. was present at the interview and indicated that he was a very good employee and in the months since the latest offence, over 40,000 miles had been undertaken without any problem.  K.E.’s employer also indicated that speeding offences related to the first month when K.E. began driving for a company operating out of Cardiff (Wales) Airport and the business had lost ten drivers overnight.  It had been a very busy time and whilst there was no defence for speeding these unusual circumstances had been a contributing factor.

 

RESOLVED - T H A T on the provision of his reinstated DVLA driving licence, K.E.’s Hackney Carriage and Private Hire Driver and Vehicle licences to be reinstated and that K.E. be issued with a written warning that it would be a condition of his new licence that should he receive any further convictions for speeding, then the matter would be referred back to the Licensing Committee for consideration.