LICENSING COMMITTEE
MINUTES of a meeting held on 13th March 2007.
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, E. Hacker, A.D. Hampton, Mrs. M. Randall and J.W. Thomas.
910 APOLOGIES FOR ABSENCE -
These were received from Councillors Miss J. Cole, G.A. Cox, S.C. Egan, N.J. Gibbs, A.G. Powell and Mrs. M.R. Wilkinson.
911 COUNCILLOR A.J. READMAN -
The Chairman mentioned that it was a few weeks since the sad demise of Councillor A.J. Readman but as he had been a long serving and very hard working Member of the Licensing Committee, it was requested that officers and Members stand in silence as a mark of respect.
912 MINUTES OF LICENSING SUB-COMMITTEES -
RESOLVED - T H A T the following minutes of the Licensing Sub-Committees be noted:
(a) 5th January 2007
(b) 26th February 2007.
913 MINUTES -
RESOLVED - T H A T the minutes of the meetings held on 7th November 2006 and 15th January, 2007 be accepted.
914 DECLARATIONS OF INTEREST -
No declarations were received.
915 APPLICATION S1/2006 TO REGISTER LAND AT MERTHYR DYFAN, COLCOT, BARRY AS A TOWN OR VILLAGE GREEN UNDER SECTION 13 COMMONS REGISTRATION ACT 1965 (DLRS) -
The Vale of Glamorgan Council was a Registration Authority for the administrative area by virtue of the Commons Registration Act 1965 (The Act) and the report was presented to the Licensing committee in its capacity as Commons Registration Authority. The Registration Authority had the responsibility under the Commons Registration (New Land) Regulations 1969 in deciding whether or not this land should be registered in a register of town or village greens maintained under the Act by the Vale of Glamorgan Council. The Council had statutory functions and responsibilities as the Registration Authority, which were independent of its other statutory and non-statutory functions, and the Council as Registration Authority should not therefore consider any impact on the Vale of Glamorgan Council.
On 23rd January 2004, Miss Angela Price and Mr. Keith Lewis made four applications (S1/2004, S2/2004, S3/2004, and S4/2004) to the Registration Authority to register four areas of land at Merthyr Dyfan, Colcot, Barry, as a new town or village green under Section 13 of the Act. Following a meeting with the Applicants on 15th march, 2004, a further application (S5/2004) was served which incorporated all four areas of land in applications S1/2004, S2/2004, S3, 2004 and S4/2004. The Registration Authority appointed an independent person, Mr. White, Counsel, to report to the Registration Authority on his findings following a non-statutory public inquiry held on 28th to 30th September 2005. The report of Mr. White was considered by Council at its meeting on 8th February, 2006. Council accepted the recommendations of Mr. White and the decision on that date was not to register any land at Merthyr Dyfan contained within applications S1/2004, S2/2004, S3/2004 and S3/2004 or S5/2005 as a new town or village green. The decision of the Council was conveyed to the applicants in writing on 14th February 2006.
The Council, as Registration Authority, received an application S1/2006 from Mr. Lewis and Mrs. Price dated 26th June 2006. Application S1/2006 related to the same areas of land as the determined applications S4/2004 and S5/2004. The application was substantially the same therefore, as application S4/2004 which was determined by the Council on 8th February 2006. There was no right of appeal from the Registration Authority’s decision, however, the decision was open to challenge by way of Judicial Review. Consequently, given that the application had already been determined, it was difficult in the absence of a material change in circumstance for the Registration Authority to make a safe and reasonable decision contrary to the decision made at Council on 8th February 2006 without leaving itself open to the likely challenge and expense of Judicial Review.
RESOLVED -
(1) T H A T on the basis that the application S1/2006 to register the land at Merthyr Dyfan as a town or village green was substantially the same as applications S4/2004 and S5/2004 and that the Vale of Glamorgan Registration Authority had already commissioned an independent person, Mr. Robert White, to hold a non-statutory public inquiry into whether this area of land should be registered as a town or village green and the Council had considered the report of Mr. White on 8th February, 2006, the application could be determined without requiring any further evidence from either Applicants or landowners.
(2) T H A T application S1/2006 failed, as it was substantially the same application as S4/2004 and S5/2004 and the Committee saw no reason to depart from the decisions reached in respect of these earlier applications which had already been decided by the Council on 8th February, 2006.
(3) T H A T, in the event that any further applications be received by the Registration Authority in relation to land which was considered in the report of Mr. White presented to the Council at its meeting on 8th February, 2006, which disclosed no material changes in circumstances from those which applied to any earlier applications, the Registration Authority should provide a further report to Licensing Committee with a view to seeking an injunction as appropriate to prevent any further vexatious applications.
916 APPLICATION TO WAIVE THE AGE POLICY GUIDELINES AND GRANT A PRIVATE HIRE VEHICLE LICENCE (MR. JOHN LEWIS) (DLRS) -
A request had been received from Mr. John Lewis for the Committee to waive the Vale of Glamorgan Council’s Age Policy Guidelines and grant a Private Hire Vehicle Licence in respect of a Peugeot 307 Estate, CN03 UHF.
The vehicle was originally licensed as a Private Hire Vehicle No. 122 on 23rd February 2005 but was first registered with the DVLA on 1st June, 2003. The Peugeot 307 was a Class 3 type vehicle and as such, had to be first licensed as a Hackney Carriage / Private Hire Vehicle prior to it being 3 years old, from the date of first registration.
On 31st January 2007, a Suspension Notice was issued in respect of the vehicle under Section 68 of the Local Government (Miscellaneous Provisions) Act 1976. The Vehicle had been involved in an accident and the vehicle needed to be inspected at The Alps Depot for the Notice to be lifted, due to the need to check that the vehicle had been repaired satisfactorily. On 6th February 2007, Mrs. Lewis attended the Civic Offices to pay for the testing of the vehicle and was advised that the current Private Hire Vehicle licence was due to expire on 23rd February 2007 and that Mr. Lewis would be required to renew the licence by this date irrespective of the Suspension Notice issued. The test to have the Suspension Notice lifted at The Alps was cancelled by phone on 7th and 8th February 2007 due to adverse weather conditions. Another appointment was made with The Alps Depot in order to inspect the vehicle for 12th February 2007 but the vehicle was not produced for testing. On 19th February 2007, the vehicle was produced at The Alps Depot for testing but failed and a further Suspension Notice was issued for further faults found during the inspection. The Private Hire Vehicle licence was subsequently allowed to expire on 23rd February 2007 and at this time the vehicle was 3 years and 8 months old. On 27th February 2007 passed inspection and when Mr. Lewis attended the Licensing Section with his pass certificate, officers explained that this licence had expired on 23rd February 2007 and the licence could not be renewed due to the age of the vehicle. As the Licensing Officers did not have delegated authority to waive the Age Policy Guidelines, Mr. Lewis was given advice to apply for the grant of licence and to make a request to the Licensing Committee to waive the Age Policy Guidelines to allow his vehicle to be licensed.
RESOLVED - T H A T the Vale of Glamorgan Council’s Age Policy Guidelines be waived in respect of a Peugeot 307 Estate, CN03 UHF, and the grant of a Private Hire Vehicle Licence for the vehicle be approved.
917 REQUEST TO FURTHER CONSIDER THE LICENSING OF FORD GALAXYS NOT DESIGNED TO CARRY A SPARE WHEEL (DLRS) -
On 7th November, 2006, an application was made to the Licensing Committee by Checker Cars Ltd. of Cardiff International Airport to licence the new style Ford Galaxy which was manufactured without provision for storage of a spare wheel. At that meeting, it was resolved that Checker Cars Ltd. be allowed to licence this particular model of vehicle. Subsequently, on 7th December 2006, the Licensing Committee considered an application by two other proprietors of licensed vehicles to dispense with the spare wheel and replace it with a tyre sealant kit and on this occasion the applications were refused.
Checker Cars Ltd. had now indicated that in the normal process of replacing their older vehicles they wished to purchase some additional Ford Galaxys and as these would not have any provision for a spare wheel, they would be equipped with Contimobility kits for use in case of a puncture. In view of the two recent Licensing Committee decisions made, officers referred the request made by Checker Cars for a decision by the Licensing Committee.
RESOLVED -
(1) T H A T the application from Checker Cars Ltd. to be permitted to licence further new style Ford Galaxys as Private Hire Vehicles and to be exempt from the condition relating to the carrying of a spare wheel, brace and jack, be approved.
(2) T H A T future applications by any proprietor in respect of Ford Galaxys manufactured without provision for a spare wheel and equipped with a Contimobility kit, be approved and if appropriate, conditions be attached to such vehicles if licensed as follows:
(a) Exemption from the relevant condition relating to the carrying of spare wheel, brace and jack;
(b) A condition relating to the correct use of the manufacturer supplied Contimobility kit;
(c) That a further condition be added, namely:
‘The proprietor is to ensure and record that every driver has received adequate instruction on the use of the Contimobility kit.’
918 REVIEW OF VEHICLE LICENCE PLATES, WINDOW STICKERS AND DOOR STICKERS FOR PRIVATE HIRE AND HACKNEY CARRIAGE VEHICLES (DLRS) -
At the Licensing Committee meeting of 13th March, 2006, Members directed officers to look into the issue of vehicle identification with a view to making Hackney Carriage and Private Hire Vehicle licence plates used by the Vale of Glamorgan Council much clearer. The Local Government (Miscellaneous Provisions) Act 1976 required that vehicles licensed by the local authority as Hackney Carriage or Private Hire Vehicles be issued with a plate or disc to identify that vehicle as a Hackney Carriage or Private Hire Vehicle but it was not specified the type of plate to be used.
When a vehicle was licensed as a Hackney Carriage or Private Hire Vehicle, a plate was issued for display on the rear of the vehicle. This plate had to be affixed to the vehicle in accordance with Section 48 6(a) of the Local Government (Miscellaneous Provisions) Act 1976. The plate had to be made up by hand, with details of the vehicle’s registration number, licence number and the number of passengers that the vehicle was licensed to carry. The plate lasted indefinitely unless lost, stolen or damaged and a deposit of £5 was charged for the plate. A window sticker was issued at the same time as the vehicle plate, which also had to be handwritten. This sticker provided the following information:
§ the vehicle plate number
§ the licensee name
§ the vehicle registration number
§ date of expiry of the relevant licence.
On the reverse of the sticker there was the vehicle plate number. Presently, Hackney Carriages differed from Private Hire Vehicles in that they were not required to have those stickers affixed to the driver’s and front passenger doors identifying them as Hackney Carriages. Private Hire Vehicles were currently bound by Condition 5(b), which required proprietors to permanently affix identification stickers to the front doors of the vehicle.
Research conducted into alternative types of systems available established that a number of Welsh Authorities had adopted a variable information plate system. This was a new type of computer generated and window sticker which could not be easily altered, damaged or defaced in comparison with the system currently used. The most cost effective alternative systems was available from the VIP systems. It was believed that the proposed Hackney Carriage / Private Hire Vehicle plate would be of greater benefit to the general public due to the additional information contained and the format of the plate being clearer and readable from a reasonable distance. This would make the identification of Hackney Carriage / Private Hire Vehicles easier and in turn would enhance public safety as members of the public and officers would be able to identify vehicles from the details contained on the new plates, window stickers and door stickers.
It was proposed to implement the system upon new grants of licence and the renewal of existing plates. It was therefore envisaged that the complete process would take twelve months from the implementation date set by the Licensing Committee. There would be an initial cost to be borne by the taxi trade for the equipment to produce the plates and stickers of £232. The cost of producing a plate in the future would present the taxi trade with an increase in the vehicle licence fees for the grant and renewal of a licence. It was proposed that a further report be prepared for consideration by the Committee in relation to Taxi Licensing Fees, which would incorporate the cost of the new type plate and stickers. All resources directed to the administration enforcement of the Taxi Licensing function had to be recovered via Taxi Licensing fees and charges.
RESOLVED as it was considered that public safety would be better served by the new system -
(1) T H A T the change to the new variable information plate system to VIP systems to include the licence expiry date being exhibited on the licence plate be approved.
(2) T H A T the imposition of the following condition be attached to all Hackney Carriage Licences to ensure that Vale of Glamorgan Council door stickers are permanently affixed to the front doors of all existing and new Hackney Carriages, namely:
“4(c) On each front door, the adhesive Hackney Carriage Vehicle identification sticker supplied by the Council permanently affixed to each door with the identification stickers adhesive backing.”
(3) T H A T the purchase of the equipment necessary to produce the proposed licence plates and stickers from VIP systems be approved.
(4) T H A T the effective date for the implementation of the new system set out in (1) above be 1st June 2007.
919 INFORMATION REPORT: THE HEALTH ACT 2006 (COMMENCEMENT NO. 1 AND TRANSITIONAL PROVISIONS) (WALES) ORDER 2007 (DLRS) -
From 2nd April 2007, it would an offence for drivers or passengers to smoke in a Hackney Carriage or Private Hire Vehicle at any time. On Monday, 5th March 2007, a “Smoke Free Premises Information for Businesses” session was held at the Paget Rooms, Penarth. Private Hire Operators were contacted by letter and later by telephone to encourage attendance. An information leaflet had been published specifically for the taxi trade and would be sent to every vehicle proprietor. Hackney Carriage Vehicles and Private Hire Vehicles would be required to display the international No Smoking symbol in each compartment of the vehicle. The Licensing Section had acquired 500 “No Smoking” signs for Licensed Vehicles and these would be available to proprietors on request.
RECOMMENDED - T H A T the contents of the report be noted.
920 INFORMATION REPORT: AMENDMENTS TO LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 (DLRS) -
The Local Government (Miscellaneous Provisions) Act 1976 allowed the regulation of all Private Hire and some of the Hackney Carriage trade activities.
The Road Safety Act 2006 received Royal Assent on 8th November, 2006. Two Sections of the Act affected the Local Government (Miscellaneous Provisions) Act 1976 namely, Sections 52 and 53.
Section 53 of the Road Safety Act 2006 affected vehicles, which currently operated under contracts. This legislation would not come into effect until January 2008, and would be the subject of a future report to the Licensing Committee.
The Local Government (Miscellaneous Provisions) Act 1976 gave licensing authorities the power to suspend, revoke or refuse to renew Hackney Carriage and Private Hire Vehicle drivers’ licences for a number of reasons, which included convictions for certain offences or for any other reasonable cause. A decision to suspend or revoke a licence was however, held in abeyance for a period of 21 days in which the driver might appeal to a magistrates’ court and subsequently until any such appeal was disposed of. Section 52 of the Road Safety Act 2006 would give licensing authorities a power to immediately suspend or revoke a licence where they were of the opinion, that the interests of public safety required such a course of action. These reasons had to be recorded. Section 52 of the Road Safety Act 2006 would come into force on 16th March 2007 and would only apply to decisions made on or after that date.
RESOLVED - T H A T the changes introduced by the Road Safety Act 2006 be noted.
921 APPLICATION TO LICENCE A WK TRIKE AS A PRIVATE HIRE VEHICLE (DLRS) -
Martin James Cook had applied to the Licensing Section to licence a WK Trike family motor tricycle registration number CN060TU as a private Hire Vehicle. Mr. Cook was currently the proprietor of a Rewako motor trike private Hire Vehicle Licence number PH033. This had been licensed by the Committee at its meeting held on 25th May 2005. The licence on this vehicle would be relinquished if Members were minded to grant a licence in respect of the current application. Mr. Cook would continue his present style of business, which was to offer tours of the area and Wales in general to people who enjoyed this type of transport. He would also continue to offer transport for special occasions. Mr. Cook held Hackney Carriage and Private Hire Vehicle Driver’s licences issued by the Authority and was also a Private Hire Vehicle Operator.
The WK trike family motor tricycle did not conform to the Council’s standard conditions relating to Private Hire Vehicles and a decision was necessary as to whether the vehicle was suitable for use as a Private Hire Vehicle and if so, what conditions would be applied to the vehicle to include the classification in respect of the Age Policy Guidelines. Private Hire Vehicles licensed by the Authority were required to have permanently attached to the front doors the Council’s Private Hire door stickers. As this was not possible, a decision was needed as to whether this vehicle could be exempt from the condition regarding the carrying of stickers.
RESOLVED -
(1) T H A T the grant of a Private Hire Vehicle licence in respect of WK trike Family, registration CN06OTU be approved, subject to the following conditions:
(i) That no person under the age of 8 years to be transported on the vehicle.
(ii) That the owner of the vehicle provided crash helmets for the use of passengers being transported on the vehicle.
(iii) That the vehicle be exempted from the placing of Private Hire door stickers on the vehicle.
(iv) That in respect of Age Policy Guidelines, classification of the vehicle be delegated to officers.
922 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.
923 DISCIPLINARY MATTER - M.A.A. (DLRS) (EXEMPT INFORMATION - PARAGRAPHS 19 AND 26) -
RECOMMENDED - T H A T in the absence of M.A.A. this matter be deferred to a special meeting of the Licensing Committee, date to be confirmed.
924 APPLICATION FOR A HACKNEY CARRIAGE / PRIVATE HIRE DRIVERS LICENCE (A.S.B.) (DLRS) (EXEMPT INFORMATION - PARAGRAPHS 19 AND 26) -
A.S.B. had applied to be licensed as a Hackney Carriage / Private Hire Vehicle driver on 22nd January 2007. A.S.B. had successfully completed his basic English and Knowledge tests. On the application form, A.S.B. had not indicated any previous convictions or cautions yet a check made with the Criminal Records Bureau disclosed matters recorded against him. A.S.B. had been licensed as a Hackney Carriage / Private Hire Vehicle driver previously but had allowed his licence to lapse on 22nd November 2005.
After careful consideration of the matter, the Licensing Committee
RESOLVED - T H A T the application for a Hackney Carriage / Private Hire Drivers Licence by A.S.B. be granted and he was reminded of the need to ensure that all previous convictions or cautions were listed on any future application forms.
925 APPLICATION FOR A HACKNEY CARRIAGE / PRIVATE HIRE DRIVERS LICENCE (S.D.R.) (DLRS) (EXEMPT INFORMATION - PARAGRAPHS 19 AND 26) -
S.D.R. had applied to be licensed as a Hackney Carriage / Private Hire Vehicle driver on 2nd February 2007. S.D.R. had successfully completed his Basic English and Knowledge tests. The application by S.D.R. had disclosed a conviction but a subsequent check with the Criminal Records Bureau revealed other matters recorded against S.D.R. but not the matter revealed on his application form.
After careful consideration of the matter, the Licensing Committee
RESOLVED - T H A T the application for a Hackney Carriage / private Hire Drivers Licence by S.D.R. be granted and he was reminded of the need to ensure that all previous cautions or convictions were listed on any future application forms.
926 INFORMATION REPORT: (R.B-H.) (DLRS) (EXEMPT INFORMATION - PARAGRAPHS 19 AND 26) -
As part of a larger enquiry on 7th April 2006, officers examined a Private Hire Vehicle in Holton Road, Barry. At that time, the vehicle was owned and driven by R.B-H. and during an update of records following the examination, it was discovered that R.B-H. had allowed his Hackney Carriage and Private Hire Vehicle Drivers licences to expire. On 30th January 2007, at Barry Magistrates Court the matter was heard in the absence of R.B-H. and he was found guilty on both counts. The Court imposed £100 fine in respect of driving a Private Hire Vehicle without a Private Hire Vehicle Driver’s Licence, a £200 fine in respect of driving without insurance and disqualified R.B-H. from driving for two months in respect of the same offence. Costs of £100 were awarded to the Council.
RECOMMENDED - T H A T the contents of the report be noted.