LICENSING COMMITTEE

 

 

MINUTES of an extraordinary meeting held on 10th April, 2007.

 

Present: Councillor Mrs. V.M. Hartrey (Chairman); Councillor Mrs. A.J. Preston (Vice-Chairman); Councillors Mrs. C.V.L. Clay, G.A. Cox, E. Hacker, A.D. Hampton, J.W. Thomas and Mrs. M.R. Wilkinson.

 

 

986            APOLOGIES FOR ABSENCE -

 

These were received from Councillors Mrs. J.E. Charles, J. Clifford, Miss J. Cole, A.G. Powell and Mrs. M. Randall.

 

 

987            DECLARATIONS OF INTEREST -

 

No declarations of interest were received.

 

 

988            APPLICATION FOR STREET TRADING CONSENT - OLIVIER SIMONIN AND MIRIAM FILOCHE (DLPPH) -

 

Street Trading consent applications had been received from Olivier Simonin and Miriam Filoche in respect of two stalls for a Continental style market for the period 26th to 28th April, 2007 at the pedestrian area Holton Road, Barry.  The pedestrian area of Holton Road was designated a Consent Street, which permitted the Council to consider applications for street trading in this area.  At the meeting of Cabinet on 29th March, 2006, an application fee of £40 was set and it was agreed that the balance of this fee would be determined by Committee should a consent be granted.  Any balance of fee set should include the administration and enforcement of street trading provisions to ensure that all costs associated with these activities were met.  No objections had been received in respect of either of these applications.

 

RESOLVED - T H A T a balance of fee in the sum of £50 in respect of £25 for each application be paid.

 

 

989            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.

 

 

990            DISCIPLINARY MATTER - M.A.A. (DLPPH) (EXEMPT INFORMATION - PARAGRAPHS 19 & 26) -

 

This matter had first been considered by the Committee on 13th March, 2007 when it was deferred in order for M.A.A. to receive appropriate notice of the hearing.  M.A.A. had been the holder of a Private Hire and Hackney Carriage Driver’s Licence since 1995.  On 10th July, 2006 M.A.A. informed the Licensing Section that he would be appearing in Barry Magistrates’ Court on 12th July, 2006.  On 20th October, 2006 M.A.A. declared in his application form for renewal of his Private Hire and Hackney Carriage Driver’s Licence that he had proceedings pending against him in the Magistrates’ Court and that he would be appearing on 23rd October, 2006.

 

M.A.A. did not inform the Licensing Section of the final outcome of this hearing in accordance with Condition 1 of his Private Hire and Hackney Carriage Driver’s Licence.  On 19th January, 2007 the Licensing Section wrote to Barry Magistrates’ Court to request a Memorandum of Conviction in respect of M.A.A. in order to confirm the details of the conviction.  The Committee were asked to consider in light of the conviction, whether M.A.A. continued to be a fit and proper person to hold a Private Hire / Hackney Carriage Driver’s Licence.  M.A.A. did not attend the Committee hearing.

 

After careful consideration of the facts and the Licensing Committee not being aware of any mitigating circumstances, it was

 

RESOLVED - T H A T M.A.A. did not continue to be deemed a fit and proper person to hold a Vale of Glamorgan Private Hire and Hackney Carriage Driver’s Licence due to his breach of Condition 1 of his Private Hire and Hackney Carriage Driver’s Licence and his Licence be revoked.

 

 

991            DISCIPLINARY MATTER - S.W.O. (DLPPH) (EXEMPT INFORMATION - PARAGRAPHS 19 & 26) -

 

S.W.O. had been the holder of a Private Hire / Hackney Carriage Driver’s Licence since 1996.  S.W.O. had also been a Private Hire Vehicle Operator since 2002.  On 27th March, 2007, S.W.O appeared at Barry Magistrates’ Court for the offence of using the vehicle for the carriage of passengers for hire and reward whilst that vehicle was the subject of a suspension notice contrary to Section 46 (1)(a) and (e) of the Local Government (Miscellaneous Provisions) Act 1974.  S.W.O. pleaded guilty to the offence.  S.W.O. was present at the Committee and indicated that the suspension notice had been issued in respect of repairs which had been carried out at the time the offence was committed.  S.W.O. confirmed that he was aware that he needed to have the vehicle inspected by the Council prior to the suspension notice being lifted. 

 

After careful consideration of the facts, the Committee


 RESOLVED -

 

(1)       T H A T, as it took a serious view of the use of the vehicle whilst the vehicle was subject to a notice of vehicle suspension and was concerned at the failure to submit the vehicle to test pursuant to the notice, in the circumstances S.W.O. was not a fit and proper person to hold a Private Hire Operator’s Licence and it be revoked.

 

(2)       T H A T S.W.O. remained a fit and proper person to hold the Vale of Glamorgan Private Hire and Hackney Carriage Driver’s Licence but that a warning letter be issued to S.W.O. in relation to his future conduct.