LICENSING COMMITTEE
MINUTES of a meeting held on 8th
May, 2007.
Present: Councillor Mrs. V.M. Hartrey
(Chairman); Councillor Mrs. A.J. Preston (Vice-Chairman);
Councillors Mrs. C.V.L. Clay, J. Clifford, Miss J. Cole, G.A. Cox,
E. Hacker, A.D. Hampton, J.W. Thomas and Mrs. M.R. Wilkinson.
1089
APOLOGIES FOR ABSENCE -
These were received from Councillors Mrs. J.E.
Charles, N.J. Gibbs and Mrs. M. Randall.
1090
MINUTES OF LICENSING SUB-COMMITTEES -
RESOLVED - T H A T the following minutes of
the Licensing Sub-Committees be noted:
(a)
16th March, 2007
(b)
12th April, 2007.
1091
MINUTES -
RESOLVED - T H A T the minutes of the meetings
of the Licensing Committee held on 13th March and
10th April, 2007 be accepted.
1092
DECLARATIONS OF INTEREST -
No declarations were received.
1093
VARIATION OF FEES FOR HACKNEY CARRIAGE VEHICLE LICENCES AND PRIVATE
HIRE VEHICLE AND OPERATORS LICENCES (DLPPHS) -
The Vale of Glamorgan Council could determine
such fees for the grant of Hackney Carriage and Private Hire
Vehicle, Driver and Operator Licences as might be necessary to
administer and enforce the provisions of the Local Government
(Miscellaneous Provisions) Act 1976. Since 2004, the
Licensing Section had undertaken Activity Based Time Recording of
all tasks associated with Hackney Carriage and Private Hire
Licensing. All tasks which related to the Taxi Licensing
function had been identified and average times taken to complete
each task had been determined. The task was now undertaken on
an annual basis to reflect the actual work being carried out by the
officers of the Licensing Section in relation to the specific
function. It was recognised that the proportion of the
Licensing Section’s time spent on Taxi Licensing matters would vary
year to year dependent upon other demands of the Licensing
Service. It had been possible to identify from the results of
the Activity Based Time Recording exercise for the period April
2005 to March 2006 that 27% of the Licensing Section’s time was
spent undertaking Taxi Licensing functions.
2005 - 2006 presented enormous challenges to
the Council with the implementation of the Licensing Act
2003. As a consequence of this, other functions, which
included Taxi Licensing were managed on a priority and reactive
basis. This accounted for the lower percentage of work
undertaken by officers of the Licensing Section during the period
in relation to Taxi Licensing.
The proposed variation in fees had been
published in one local newspaper circulated within the Council area
and had been available for view at the Civic Offices, as required
by Section 70 of the Local Government (Miscellaneous Provisions)
Act 1976. Objections to the price increase were required to
be received by the Department within 28 days from the publication
of that Notice, namely, 26th April, 2007.
75 letters of objection to the proposed
increases had been received and verified by officers of the
Licensing Section. 7 letters of objection had been received
but officers were unable to confirm whether the letters were
signed, by either licensed drivers or proprietors, due to the lack
of name supplied. All letters of objection received were of
exactly the same content.
Members were advised that in 2005/06 there was
a deficit in the Taxi Licensing Service budget of £60,000. In
order to reduce a proportion of the annual deficit associated with
the provision of a Taxi Licensing Service and to incorporate the
new taxi plating system agreed by Licensing Committee on
13th March, 2007, it was proposed to add a further 5% to
the inflation rate of 4.2% to the fees for 2007/2008.
RESOLVED - T H A T the increase in fees as set
out below be approved and that a date of 14th May, 2007
be set on which the variation of fees shall come into force:
|
|
Present Fee
|
Proposed Fee
|
|
Hackney Carriage / Private Hire Vehicle
Licences
|
1 year licence
£188.50
6 month licence £111.00
4 month licence £111.00
|
1 year licence £206.00
6 month licence £121.00
4 month licence £121.00
|
|
Transfer of Vehicle
|
£28
|
£30.50
|
|
Private Hire Operators Licence
|
£180.50 (annual)
£488.00 (3 year)
|
£197.00 (Annual)
£533.00 (3 year)
|
|
Test Fees
1st retest without need for MOT
|
£26.00
|
£28.00
|
|
Subsequent Retest
|
£46.00
|
£50.00
|
|
Test resulting from suspension notice
|
£46.00
|
£50.00
|
|
Replacement Door Signs
|
£2.50 each
|
£5.00 each
|
|
Replacement Plate
|
£5.00
|
£10.00 each
|
|
Replacement Plate Holder
|
N/A
|
£5.00 each
|
|
Replacement Plate and Holder
|
N/A
|
£15.00
|
FOR INFORMATION
ONLY
|
|
Present Fee
|
Present Fee
|
|
Hackney Carriage / Private Hire Drivers
Licence - 1 year
|
£59.00
|
£64.50
|
|
Driver Badge - Refundable
|
£2.50
|
£2.50
|
|
Replacement Driver Badge
|
£5.00
|
£5.00
|
|
Criminal Records Bureau Check (set by
statute)
|
£36.00
|
£36.00
|
Reason for resolution
To ensure the Council’s costs are recovered in
relation to Hackney Carriage and Private Hire Licensing.
1094
THE GAMBLING ACT 2005: LICENCE FEES AND CHARGES (DLPPHS) -
The Gambling Act 2005 was being implemented in
stages and would be brought into effect from March 2006 to
September 2007. When implemented, Licensing Authorities would
be responsible for the issue of Premises Licences and Gambling
Permits application packs from 21st May, 2007.
The general functions of the Licensing
Authority in dealing with Gambling Premises Licences were delegated
to the Licensing Committee. The Government had now issued, by
way of a Statutory Instrument, The Gambling (Premises Licence Fees)
(England and Wales) Regulations 2007, which enabled Licensing
Authorities to determine licence fees and charges.
The Gambling (Premises Licence Fees) (England
and Wales) Regulations 2007 provided for the following types of
fees to be determined by Licensing Authorities:
§
Licence application fee (Regulations 4 and 5);
§
First annual fee (Regulations 6 and 9);
§
Annual fee (Regulations 8 and 9);
§
Notification of a change of circumstances fee (Regulation 10);
§
Application to vary a licence fee (Regulation 11);
§
Application to transfer a licence fee (Regulation 12);
§
Fee for a copy of a licence (Regulation 13);
§
Application for reinstatement of a licence fee (regulation 14);
§
Provisional statement application fee (Regulation 14).
A fee costing exercise had been carried out on
the likely cost of performing the functions required at the current
expenditure cost level and this exercise had provided the basis for
the proposed fees. It was unlikely that the Authority would
be required to licence any Casinos, Bingo premises and Betting
Premises (Tracks), therefore, fees for these types of licences had
not been set. Should the need arise to set a fee for any of
those licences mentioned, a further report would be brought before
the Licensing Committee in respect of fee setting prior to
receiving that application.
RESOLVED -
(1) T H A
T the Licensing Committee agree to set the licence fees and charges
under Section 212(b) of the Gambling Act 2005 in line with the Vale
of Glamorgan Council’s Constitution.
(2) T H A
T the Gambling Act Licence Fees and Charges as set out below be
approved to take effect from 21st May, 2007:
Gambling Act 2005 – Licence Fees and Charges
Adult Gaming Centres
|
Type of Application
|
Fee
|
% of
Maxima
|
|
Fast Track Application
Fee
|
£300
|
100%
|
|
Non Fast Track Application
Fee
|
£750
|
75%
|
|
Application Fee
|
£1,200
|
60%
|
|
Application Where
Provisional Statement Previously Issued
|
£675
|
56.25%
|
|
Annual Fee
|
£1,000
|
100%
|
|
Transfer Application
Fee
|
£400
|
33.33%
|
|
Variation Application
Fee
|
£750
|
75%
|
|
Provisional Statement
Application Fee
|
£1,250
|
62.5%
|
|
Application for
Reinstatement Fee
|
£700
|
58.3%
|
|
Change of Circumstances
Fee
|
£50
|
100%
|
|
Duplicate Licence Fee
|
£25
|
100%
|
Family Entertainment
Centres
|
Type of Application
|
Fee
|
% of
Maxima
|
|
Fast Track Application
Fee
|
£300
|
100%
|
|
Non Fast Track Application
Fee
|
£750
|
75%
|
|
Application Fee
|
£750
|
37.5%
|
|
Application Where
Provisional Statement Previously Issued
|
£675
|
71.05%
|
|
Annual Fee
|
£750
|
100%
|
|
Transfer Application
Fee
|
£400
|
42.1%
|
|
Variation Application
Fee
|
£750
|
75%
|
|
Provisional Statement
Application Fee
|
£750
|
37.5%
|
|
Application for
Reinstatement Fee
|
£700
|
73.68%
|
|
Change of Circumstances
Fee
|
£50
|
100%
|
|
Duplicate Licence Fee
|
£25
|
100%
|
Betting Premises (Other) Licence
|
Type of Application
|
Fee
|
% of
Maxima
|
|
Fast Track Application
Fee
|
£300
|
100%
|
|
Non Fast Track Application
Fee
|
£850
|
56.66%
|
|
Application Fee
|
£1,200
|
40%
|
|
Application Where
Provisional Statement Previously Issued
|
£675
|
56.25%
|
|
Annual Fee
|
£600
|
100%
|
|
Transfer Application
Fee
|
£400
|
33.33%
|
|
Variation Application
Fee
|
£1,050
|
70%
|
|
Provisional Statement
Application Fee
|
£1,250
|
41.66%
|
|
Application for
Reinstatement Fee
|
£700
|
58.33%
|
|
Change of Circumstances
Fee
|
£50
|
100%
|
|
Duplicate Licence Fee
|
£25
|
100%
|
1095
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.
1096
DISCIPLINARY MATTER - W.J.R.D. (DLPPHS) (EXEMPT INFORMATION -
PARAGRAPHS 19 AND 26 -
W.J.R.D. had been a Licensed Hackney Carriage
and Private Hire Vehicle driver for a number of years.
W.J.R.D. applied to renew his Hackney Carriage and Private Hire
Vehicle Drivers Licences on 24th April, 2007. On
his application form, he declared in paragraph 6a, a motoring
conviction SP30 dated 22nd January, 2007. There
was no record of an earlier notification of this conviction.
In addition, at paragraph 3 of the application form, W.J.R.D.
indicated a TS10 endorsement on his DVLA licence.
As part of the normal application procedure,
W.J.R.D. produced his DVLA Driving Licence which showed that since
his last application on 25th April, 2006, two
endorsements had been added. Condition 1 of the Council’s
Conditions attached to Hackney Carriage / Private hire Vehicle
Driver’s Licences required that, holders notify the Council of
convictions, in writing, within 7 days of the conviction.
W.J.R.D. had appeared before the Committee previously on
12th November, 2002 for failing to comply with Condition
1 of the Conditions attached to his Hackney Carriage / Private Hire
Driver’s Licences. The Committee resolved on that occasion to
note the matter on the applicant’s file.
RESOLVED - T H A T after careful consideration
of the facts and after hearing from W.J.R.D., it was agreed that he
remained a fit and proper person to hold a Vale of Glamorgan
Council Hackney Carriage / Private Hire Driver’s Licence but that a
warning letter be issued in relation to his future conduct.
1097
ITEM WHICH THE CHAIRMAN HAD DECIDED WAS URGENT -
RESOLVED - T H A T the following matter which
the Chairman had decided was urgent for the reason stated, be
considered.
1098
APPLICATION FOR A HACKNEY CARRIAGE / PRIVATE DRIVER’S LICENCE -
D.J. (DLPPHS) (EXEMPT INFORMATION - PARAGRAPHS 19 AND 26) -
Urgent by reason of the need to take
action in the public interest
D.J. had applied to be licensed as a Hackney
Carriage / Private Hire Vehicle Driver on 8th March,
2007 and had successfully completed his Basic English and Knowledge
Tests. On his application form at Section 6, D.J. declared
that he had no previous convictions. The Licensing Section
received D.J’s Criminal Records Bureau disclosure on
20th April, 2007 and it recorded one matter against
D.J. D.J. attended the hearing and indicated his regret that
he had not included the conviction on his application form but as
it had been in 1979, he had thought that the conviction would be
spent.
RESOLVED - T H A T the grant of a Hackney
Carriage / Private Hire Driver’s Licence to D.J. be approved.