LICENSING COMMITTEE
MINUTES of an extraordinary meeting held on
2nd July, 2007.
Present: Councillor J.W. Thomas
(Chairman); Councillor Mrs. V.M. Hartrey (Vice-Chairman);
Councillors Mrs. C.V.L. Clay, J. Clifford, Miss J. Cole,
G.A. Cox, A.D. Hampton, Mrs. M. Kelly Owen and Mrs. M.
Randall.
Also present: Councillor C.J.
Williams.
170
APOLOGIES FOR ABSENCE -
These were received from Councillors E.
Hacker, Mrs. A.J. Preston and Mrs. M.R. Wilkinson.
171
DECLARATIONS OF INTEREST -
There were no declarations of interest.
172
THE GAMBLING ACT 2005 (DLPPHS) -
The Vale of Glamorgan Council Licensing
Section, acting as the local Licensing Authority, assumed
responsibility for the issue of permits to allow gambling
activities in premises that were licensed to sell alcohol from
24th November, 2005 in accordance with the
Licensing Act 2003. From 21st May, 2007 the
Local Authority assumed responsibility for the granting of Family
Entertainment Centre Gaming machine permits and Prize Gaming
Permits in accordance with the Gambling Act 2005. Local
Authorities would continue to have responsibility for the
registration of Small Society Lotteries. The Magistrates
Court maintained the responsibility for issuing gaming machine and
prize gaming permits to Clubs until September 2007.
The Alcohol Licensed Premises Permits
currently issued under the Gaming Act 1968 were decided upon and
issued by an officer, under Delegated Authority from the Licensing
Committee. The applicant was requested to submit their
application, the accompanying fee and a plan of the premises to
highlight the location of machines. The officer would then
determine if the location and proposed supervision were sufficient
for the safety of vulnerable persons and / or children.
In accordance with the gambling Act 2005,
which would take effect from 1st September, 2007,
it was proposed that the above process should continue with the
exception of the requirement to provide a plan as this was dealt
with in the Codes of Practice issued by the Gambling
Commission.
The Licensing Authority would be able to issue
Licensed Premises Gaming machine Permits for any number of category
C or D machines in licensed premises, but had to consider the three
licensing objectives of the Gambling Act 2005, and the relevant
Codes of Practice and Guidance issued to Local Authorities.
An alcohol licensed premises permit was
indefinite and would remain in force for so long as the premises
continued to have an alcohol licence and the holder of the permit
continued to hold that licence. In the determination of an
application the Authority had to have regard to the three licensing
objectives of the Gambling Act 2005, Statutory Guidance issued by
the Gambling Commission and relevant Codes of Practice.
Conditions could not be attached to a permit. Where the
Licensing Authority had concerns in relation to any type of
application for a permit in an alcohol licensed premises, it could
refer the matter for consideration by the Licensing
Committee. Where the Licensing Authority was satisfied
with the application it would be granted under delegated authority
and the permit issued.
All start-up costs for Gambling reform were
included in the Revenue Support Grant for 2004/05 and
2005/06. The net additional cost to Local Authorities of the
ongoing costs associated with the Gambling Act 2005 would be met
from fee arrangements. Fees for Permits and Registrations had
not yet been confirmed by the Government.
RESOLVED - T H A T the process to be adopted
by the Vale of Glamorgan Council’s Licensing Authority for Alcohol
Licensed Premises Permit applications, applications for a greater
number of machines and the application to vary the number of
machines previously authorised be approved and officers be
authorised to make appropriate changes as and when required.
173
THE GAMBLING ACT 2005 (DLPPHS) -
The Gambling Act 2005 gave effect to the
Government’s proposals for reform on the law on gambling. The
Act contained a new regulatory system to govern the provision of
all gambling in Great Britain other than the National Lottery and
spread betting. The Act received Royal Assent on
7th April, 2005 and was to come into effect fully on
1st September, 2007. The Act moved responsibility
for issuing licences and permits for gambling activities away from
the Magistrates Court to local Licensing Authorities.
From 21st May, 2007 the Local
Authority assumed responsibility for the granting of Family
Entertainment Centre Gaming Machine Permits and Prize Gaming
Permits. Local Authorities would continue to have
responsibility for the registration of Small Society Lotteries
whilst Barry Magistrates Court still maintained the responsibility
for the issue of gaming machine and prize gaming permits to Clubs
e.g. Member’s Club, Commercial Club or Miner’s Welfare Institute’s
until September 2007.
The Gambling Act 2005 had provided Local
Authorities with new and extended responsibilities for licensing
premises for gambling activities. From September 2007
licensing justices would no longer grant any premises licences for
gambling activities as local authorities would assume the
responsibility for the granting of licences for betting, bingo and
gaming in clubs.
A Family Entertainment Centre Gaming Centre
Machine Permit, when granted, was valid for 10 years. It
could then be renewed for a further period of 10 years. It
was proposed by the Licensing Authority that all applicants for a
Family Entertainment Centre Gaming Machine Permit would be required
to provide a Basic Criminal Records Bureau Disclosure at the time
of application. This would assist the Licensing Authority in
determining whether the applicant was a fit and proper person to
promote the three licensing objectives of the Gambling Act
2005. The proposed guidance document to be adopted by the
Licensing Authority would set out all relevant information for
consideration by an applicant. It incorporated fees, required
documentation and general questions and answers on Unlicensed
Family Entertainment Centre Permits.
Where the Licensing Authority had concerns in
relation to any type of application for the permit in an Unlicensed
Family Entertainment Centre it could refer the matter for
consideration by the Committee. If the Licensing Authority
was satisfied with the application and the supporting documentation
it could be granted under Delegated Authority and the permit
issued. The commencement date for dealing with these
applications was 21st May, 2007.
RESOLVED - T H A T the Application Form and
Guidance Document for Family Entertainment Centre Gaming Machine
Permits under the Gambling Act 2005 be approved and officers be
authorised to make appropriate changes as and when required.
174
HYPNOTISM ACT 1952: REGULATION OF EXHIBITIONS, DEMONSTRATIONS OR
PERFORMANCES OF STAGE HYPNOTISM - OYSTER CATCHER, PENARTH (DLPPHS)
-
A request has been made by Colin Adamson to
perform a stage hypnosis show at the Oyster Catcher, Terra Nova
Way, Penarth, on 20th July, 2007. Hypnotism was
regulated under the Hypnotism Act 1952. Section 2 of the
Hypnotism Act 1952 stated:
“No person shall give an exhibition,
demonstration or performance of hypnotism on any living person at
or in connection with an entertainment to which the public are
admitted, whether on payment or otherwise, at any place, unless
-
(a) the
controlling authority have authorised that exhibition,
demonstration or performance under this section, or
(b) the
place is in Scotland and a licence mentioned in Section 1 of this
Act is in force in relation to it.”
Upon receipt of the request for authorisation,
officers of the Licensing Section made enquiries with the
applicant, Mr. Adamson in relation to past performances held and
the content of the performance intended in the Vale of
Glamorgan. Mr. Adamson supplied the officers with details of
his past three performances held in Mid Bedfordshire, Salisbury and
Dartford areas. Enquiries were conducted with the Local
Authorities in the areas stated and details were taken in relation
to the compliance of any condition set. Enquiries conducted
were satisfactory and therefore Licensing officers continued in
their role of co-ordinating the said application by undertaking
consultations with the relevant Authorities, namely South Wales
Police, South Wales Fire Authority and Environmental Health and no
objections had been received.
Home Office guidelines in relation to
hypnotism recommended that the performances of stage hypnotism and
conditions of authorisation be attached to any authorisation
issued. The fee in respect of any authorisation was to be
considered by members of the Licensing Committee and should include
the administration and enforcement of the Hypnotism Act 1952
provisions to ensure that all costs associated with these
activities were met.
A fee of £80 had been suggested and Mr. Colin
Adamson had written to the Committee to state that in his opinion
he felt this charge was excessive. Mr. Adamson referred to
the fees set by other Councils and said that this was usually £21
or there was no charge at all. Enquiries made of other Local
Authorities confirmed that apart from issuing the application other
Authorities had not taken any action to ensure that any conditions
applied to the application were met. From time recording
activity it could be established that approximately £200-£300 in
office hours had been spent on this particular application and it
was also felt necessary for a licensing officer to be present at
the venue for the hypnosis show. The Licensing officer could
then ensure that the condition contained within the Home Office
guidance that no person under the age of 18 years was hypnotised
could be met.
RESOLVED - T H A T the request by Mr. Colin
Adamson to perform a stage hypnosis show at The Oyster Catcher,
Penarth on Friday 20th July, 2007 be granted and a fee
of £80 be set.
175
AMENDMENTS TO LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976
UNDER THE ROAD SAFETY ACT 2006 (DLPPHS) -
At the meeting of 13th March, 2007,
Licensing Committee Members were updated on the amendments to the
Local Government (Miscellaneous Provisions) Act 1976 Under the Road
Safety Act 2006 in relation to the suspension of Hackney Carriage
and Private Hire vehicle driver licences. The same Act also
incorporated provisions for the removal of exemption, from taxi
licensing, for vehicles hired under a written contract for a
minimum period of not less than seven days. The Local
Government (Miscellaneous Provisions) Act 1976 was the legislation
that 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, which affected vehicles operating under contract would not
come into effect until January 2008.
A number of business and other organisations
had used the exemption under Section 75 of the Local Government
(Miscellaneous Provisions) Act 1976 to provide transport for
particular client groups. Often large businesses had entered
into contracts to have “chauffeured” transport for their
executives. In many cases licensed Private Hire operators had
used this exemption to operate such a service by the use of a more
luxurious vehicle than that usually used for taxi purposes, which
had the added benefit that no form of identification was required
on the vehicle. Social Services had used the exemption to
provide transport for some of their less able client group.
The Education Department had also used the exemption to organise
transport for wheelchair bound pupils. Members were reminded
that they retained the power to allow licensed vehicles to be used
without identification under appropriate circumstances.
Section 53 of the Road Safety Act 2006 would come into force in
January 2008 and would have an immediate effect on any vehicle,
which operated under the exemption.
Licensing officers had already spoken to a
number of licensed Private Hire vehicle operators with contract
vehicles and they were taking steps to get the vehicles licensed
and, where appropriate, the driver licensed. Licensing
officers had also discussed the matter with officers from Social
Services and Education Department to ensure that they were ready
for the changes. Operators from hotels and public houses who
could operate a system known as courtesy buses would be made aware
of the changes to have sufficient time to make the necessary
applications.
The Licensing Section had been approached by a
licensed Private hire Vehicle Operator with a proposal to allow his
contract vehicles that were used for school transport to be
pre-approved for plating irrespective of the Age Policy
Guidelines. A perceived benefit of an incremental application
of the licensing procedure for both the Council and to the
operator, Mr. C.J. Mort of CJ Contracts Ltd, was that it would
enable a degree of planning in respect of the testing of additional
vehicles. Under the current Vale of Glamorgan Council
Constitution, Licensing officers had delegated authority to
consider exemptions from the Age Policy Guidelines, provided that
this was done in conjunction with the Chairman of the Licensing
Committee. Members were asked to consider whether to allow
officers to consider all applications for exemption from the Age
Policy guidelines in conjunction with the Chairman of the Licensing
Committee, for vehicles which currently operated under Section 75
and were outside the Age Policy Guidelines.
A representative of the Licensing Trade
attended the Committee meeting to advise Members that he and some
of the other operators objected most strongly to vehicles being
plated when they were too old under the Age Policy guidelines and
had not been plated before. There was no objection to a
vehicle being plated which had missed an appointment by a few days
and other than this had received regular inspections. It was
now the understanding of some members of the trade that some of the
vehicles outside of these Age Policy guidelines had never been
plated and were quite old.
RESOLVED - T H A T Licensing Officers refer
all applications for exemption from the Age Policy Guidelines to
the Licensing Committee for consideration.
176
EXCLUSION OF PRESS AND PUBLIC -
RESOLVED - T H A T under Section 100(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.
177
APPLICATION FOR HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE DRIVERS’
LICENCES - MPC (DLPPHS) (EXEMPT INFORMATION PARAGRAPHS 12, 13 AND
14) -
MPC applied to be licensed as a Hackney
Carriage and Private Hire Vehicle Driver on 26th
February, 2007. MPC had successfully completed his basic
English and Knowledge tests. On the application form MPC had
indicated that he had no previous convictions or cautions however a
subsequent check with the Criminals Records Bureau recorded matters
against him.
RESOLVED - T H A T a Hackney Carriage /
Private Hire Vehicle Drivers’ Licence be granted to MPC.
178
APPLICATION FOR HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE DRIVERS’
LICENCES - EGC (DLPPHS) (EXEMPT INFORMATION PARAGRAPHS 12, 13 AND
14) -
EGC had applied to be licensed as a Hackney
Carriage and Private Hire Vehicle Driver on 2nd
February, 2007 and had successfully completed his Basic English and
Knowledge tests. The applicant had submitted a doctor’s
medical certificate which stated that he was fit to act as a driver
of a Hackney Carriage and Private Hire Vehicle. It was later
noted by Licensing officers that EGC had submitted the medical
certificate, which was not in accordance with the Department’s
requirements. This was due to someone other than his own
General Practitioner having completed the document as
requested. The medical certificate had to be completed by the
applicant’s own General Practitioner to ensure that all previous
medical history could be taken into account when the examination
was being undertaken. It was of paramount importance that all
persons holding a Vale of Glamorgan Council’s Hackney Carriage and
Private Hire Drivers’ Licence were deemed “fit and proper”.
On the application form EGC had made no
mention of any previous convictions or cautions however a check
with the Criminal Records Bureau had revealed matters recorded
against him.
RESOLVED -
(1) T H A
T subject to the receipt of a satisfactory medical certificate from
EGC’s own General Practitioner within 14 days following the
granting of a Licence his request for a Hackney Carriage and
Private Hire Drivers’ Licence be approved.
(2) T H A
T EGC receive a written warning with regard to his future conduct
and he be reminded of the need to report any future convictions or
cautions to Licensing Officers immediately as the Vale of Glamorgan
Council expected the highest standards from its taxi drivers.
179
APPLICATION FOR HACKNEY CARRIAGE AND PRIVATE HIRE DRIVERS’ LICENCES
- IG (DLPPHS) (EXEMPT INFORMATON PARAGRAPHS 12, 13 AND 14) -
IG had applied to be licensed as a Hackney
Carriage and Private Hire Vehicle Driver on 7th March,
2007 and had successfully passed his basic English and Knowledge
Test. The applicant had indicated on his application form
that he had no previous convictions but a subsequent check received
from the Criminal Records Bureau revealed matters recorded against
him.
RESOLVED -
(1) T H A
T the application by IG for a Hackney Carriage and Private Hire
Vehicle Drivers’ Licence be granted.
(2) T H A
T IG receive a written warning with regard to his future conduct
and he be reminded of the need to report any future convictions or
cautions to Licensing Officers immediately as the Vale of Glamorgan
Council expected the highest standards from its taxi drivers.
180
APPLICATION FOR HACKNEY CARRIAGE AND PRIVATE HIRE DRIVERS’ LICENCES
- PKS (DLPPHS) (EXEMPT INFORMATON PARAGRAPHS 12, 13 AND 14)
-
PKS had applied to be licensed as a Hackney
Carriage and Private Hire Vehicle Driver on 23rd
December, 2002. The Licensing Committee had considered the
application from PKS on 9th April, 2002 and decided to
refuse the application as he was not considered to be fit and
proper person to hold such licences and suggested that at least
three years should elapse prior to any further applications being
made. PKS again applied to be licensed to be a Hackney
Carriage and Private Hire Vehicle Driver on 15th
November, 2006 and had successful completed his Basic English and
Knowledge Tests. On the application form PKS had declared
that he had no previous convictions or cautions but a disclosure
received from the Criminal Records Bureau had revealed one
matter recorded against him.
RESOLVED -
(1) T H A
T the application by PKS for a Hackney Carriage and Private Hire
Vehicle Drivers’ Licence be granted.
(2) T H A
T PKS receive a written warning with regard to his future conduct
and he be reminded of the need to report any future convictions or
cautions to Licensing Officers immediately as the Vale of Glamorgan
Council expected the highest standards from its taxi drivers.
181
APPLICATION FOR HACKNEY CARRIAGE AND PRIVATE HIRE DRIVERS’ LICENCES
- DFCW (DLPPHS) (EXEMPT INFORMATON PARAGRAPHS 12, 13 AND 14) -
DFCW had applied to be licensed as a Hackney
Carriage and Private Hire Vehicle Driver on 27th March,
2007 and had successfully completed his Basic English and Knowledge
Tests. On the application form DFCW had declared
that he had no previous convictions but a disclosure from the
Criminal Records Bureau revealed a matter recorded against him.
RESOLVED -
(1) T H A
T the application by DFCW for a Hackney Carriage and Private Hire
Vehicle Drivers’ Licence be granted.
(2) T H A
T a written warning be issued to DFCW with regard to his future
conduct and the need to advise Licensing officers of any future
convictions or cautions immediately as the Vale of Glamorgan
Council expected the highest standards from its drivers.