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LICENSING COMMITTEE

 

MINUTES of a meeting held on 18^th September, 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, E. Hacker, A.D. Hampton, Mrs. M. Kelly Owen, Mrs. A.J. Preston, Mrs. M. Randall and Mrs. M.R. Wilkinson.

 

 

339     APOLOGIES FOR ABSENCE -

 

There were no apologies received.

 

 

340     MINUTES OF LICENSING SUB-COMMITTEES -

 

RESOLVED - T H A T the following minutes of the Licensing Sub-Committees be noted:

 

(a)       26^th June, 2007

(b)       12^th July, 2007

(c)       25^th July, 2007

(d)       6^th August, 2007

(e)       24^th August, 2007

(f)        4^th September, 2007.

 

 

341     MINUTES -

 

RESOLVED - T H A T the minutes of the meetings of the Licensing Committee held on 8^th May, 2007, 19^th June, 2007 and 2^nd July, 2007 be accepted, subject to the inclusion of Councillor E. Hacker in the apologies for the meeting held on 19^th June, 2007.

 

 

342     DECLARATIONS OF INTEREST -

 

No declarations were received.

 

 

343     APPLICATION FOR EXEMPTION FROM A PRIVATE HIRE VEHICLE CONDITION: MR. S. FARMER (DLPPHS) -

 

A letter had been received from Mr. Stephen Farmer in connection with his request to be exempt from the Council’s Private Hire Vehicle condition in relation to vehicle identification door stickers.  Mr. Farmer had now requested that this item be withdrawn from the agenda and no reason was given.

 

RESOLVED - T H A T this item be withdrawn.

 

 

344     APPLICATION FOR THE GRANT OF A HACKNEY CARRIAGE LICENCE (DLPPHS) -

 

An application had been received from Mr. A. Ollis of A2B Taxis Ltd. for the grant of a Hackney Carriage Licence in respect of his vehicle, a Skoda Octavia registration number CV52 OKL, contrary to the Vale of Glamorgan Council’s Age Policy Guidelines.

 

The vehicle was first registered with the DVLA on 19^th November, 2002 and licensed with the Authority as a Hackney Carriage between 22^nd November, 2002 and 5^th August, 2007 when, due to an oversight by A2B Ltd., the vehicle’s licence was allowed to expire.  A Skoda Octavia was a Class 3 type vehicle and had to be under three years old from the date of first registration to be considered for the grant of a Hackney Carriage Licence.  The vehicle became three years old on 19^th November, 2005.  The vehicle had been tested at the Council’s Alps Depot in Wenvoe on 30^th August, 2007 and passed as mechanically fit with a passenger seating capacity of four.  Officers did not have delegated authority to waive the Vale of Glamorgan Council’s Age Policy Guidelines and had referred this matter to the Committee for consideration.

 

RESOLVED - T H A T the grant of a Hackney Carriage Licence in respect of Skoda Octavia CV52 OKL be approved.

 

 

345     APPLICATION FOR THE GRANT OF A PRIVATE HIRE VEHICLE LICENCE (DLPPHS) -

 

An application for the grant of a Private Hire Vehicle Licence had been received from CJ Contract Services Ltd.  In respect of an Iveco Daily registration X695 BYD on 12^th July, 2007.  An application to licence the Iveco Daily registration X695 BYD was first registered on 10^th October, 2000 and the vehicle was therefore outside the Council’s Age Policy Guidelines.

 

At the meeting of the Committee on 2^nd July, 2007, Members directed that they wished to consider, on an individual basis, all applications to disregard the Age Policy Guidelines.

 

Mr. Stephen Thomas, on behalf of the Trade, indicated that where an application to disregard the Council’s Age Policy Guidelines was due to a missed appointment, then he had no objection as the vehicle was already used as a taxi.  A new application would be necessary for the vehicle to become licensed again.  In the case of a new vehicle not formally used as a taxi, a restrictive plate would be welcome to prevent older vehicles being used as taxis as a general rule.  Licensing Officers confirmed that they were unaware of any legal restrictions that they could place of the kind suggested by Mr. Thomas.  Once a vehicle was licensed, then they could not be restricted to particular uses.  Mr. Mort for CJ Contract Travel Services noted the objections raised and realised that anyone could buy an older vehicle and attempt to get this registered but this was not his intention.  Mr. Mort confirmed that since the new legislation he had only applied for existing vehicles and any new vehicles purchased fell within the Council’s Age Policy Guidelines.  The vehicles he was currently attempting to have plated were buses and these were too big to be able to be used as taxis and as they had wheelchair lifts, they would be totally unsuitable for use as general vehicles.  Mr. Thomas confirmed that he had no concern about the vehicles used by CJ Contract Travel but was worried that other people viewing older vehicles on the road being used as taxis they would then think that they could also get a vehicle of this age through the plating system.

 

It was agreed that a condition be attached to the grant of a licence that this would not be transferable. 

 

RESOLVED -

 

(1)      T H A T a Private Hire Vehicle Licence be granted in respect of Iveco Daily registration number X695 BYD and a further condition be attached to the Licence that this cannot be transferred.

 

 

346     APPLICATION FOR THE GRANT OF A PRIVATE HIRE VEHICLE LICENCE (DLPPHS) -

 

An application for the grant of a Private Hire Vehicle Licence had been received from CJ Contract Services Ltd., in respect of vehicle Iveco Daily registration number S751 AFG.  At the meeting of the Licensing Committee on 2^nd July, 2007, Members directed that they wished to consider, on an individual basis, all applications to waive the Age Policy Guidelines.  The vehicle was first registered on 4^th September, 1998 and was outside the Age Policy Guidelines and could not be considered for a grant of a Private Hire Vehicle Licence by officers.  The Iveco Daily type vehicle was fitted with tracks that enabled wheelchairs to be clamped securely to the floor of the vehicle and a tail lift to allow wheelchairs and their users to be lifted into the vehicle.  An application to licence the vehicle as a Private Hire Vehicle was received on 31^st July, 2007.  The vehicle was tested by the Council’s garage at The Alps, Wenvoe on 2^nd August, 2007 when it was passed mechanically fit with a passenger seating capacity of eight.

 

RESOLVED -

 

(1)      T H A T a Private Hire Vehicle Licence be granted in respect of Iveco Daily registration number S751 AFG and a further condition be attached to the Licence that this cannot be transferred.

 

 

347     APPLICATION FOR THE GRANT OF A PRIVATE HIRE VEHICLE LICENCE (DLPPHS) -

 

An application for the grant of a Private Hire Vehicle Licence had been received from CJ Contract Services Ltd., in respect of a Ford Transit registration number T627 HKO.  The vehicle was first registered on 4^th August, 1999 and was outside the Age Policy Guidelines and could not be considered by Licensing Officers.  The application to licence the vehicle as a Private Hire Vehicle was received on 22^nd August, 2007.  The vehicle was tested by the Council’s garage at The Alps, Wenvoe and on 23^rd August, 2007 was passed mechanically fit with a passenger seating capacity of eight.  The vehicle was fitted with tracks that enabled wheelchairs to be clamped securely to the floor of the vehicle and a tail lift to allow wheelchairs and their users to be lifted into the vehicle.

 

At the meeting of 2^nd July, 2007, Members directed that they wished to consider, on an individual basis, all applications to disregard the Age Policy Guidelines. 

 

RESOLVED -

 

(1)      T H A T a Private Hire Vehicle Licence be granted in respect of Ford Transit registration number T627 HKO and a further condition be attached to the Licence that this cannot be transferred.

 

 

348     FEES ASSOCIATED WITH STREET TRADING CONSENTS (DLPPHS) -

 

At the Community Liaison Committee meeting on 18^th July, 2007, certain views were expressed in respect of fees associated with Street Trading Consents and the impact of these on community events.  After consideration of these views, the Licensing Committee’s endorsement for the introduction of a sliding scale in respect of applications for Street Trading Consents was sought.

 

The Council had powers under the Local Government (Miscellaneous Provisions) Act 1982 to control street trading and in accordance with the Local Government (Miscellaneous Provisions) Act 1982 the Council had designated certain streets as consent or prohibited streets for the purposes of street trading.  Where a street had been designated a prohibited street, no street trading was permitted.  In those streets which were consent streets, permission from the Council was required to trade.  Street trading meant selling, exposing of, offering for sale any article in the street, which included footways and generally any area where the public had access without payment.  On 19^th June, 2007, Licensing Committee approved fees and charges for 2007/08 in respect of those functions managed by Public Protection which came within the scope of the Licensing Committee.  They were set on a cost recovery basis to reduce the burden of licensable activities on local tax payers.  The application fee in respect of Street Trading Consents was set at £90.  This fee was payable regardless of whether the consent related to trading as a one day event or for a longer period.  Further, the application fee was the same whether the applicant was a ‘for profit business’ or small community trader as part of a festival or local fair.

 

Historically in the Vale of Glamorgan, town Councils and the Council’s Event Officer made a single Street Trading Consent application on behalf of traders for community events.  This meant that one application and one approval fee was paid.  Following enquiries from the Inland Revenue and advice from the Council’s Legal Department, applications in the current year had been required from each individual trader.  This had meant that each trader had been subject to an application fee of £40 (which was the approved application fee prior to 1^st July 2007) and an approval fee set by the Licensing Committee.

 

There was concern on the part of Town Councils who promoted community events that the requirement for individual traders to make application and pay the application fee impeded small traders who might not make enough money to cover the application fee.  Further, some traders gave a percentage of their takings to charity and it was claimed that the new charging regime would impact on their ability to continue this practice.

 

In response to a request from Penarth Town Council, the Operational Manager - Public Protection, presented a report to the Community Liaison Committee and attended the meeting on 18^th July, 2007 to set out the Council’s position and hear the views of the Committee.  The Committee was advised that as a consequence of representation from applicants and Community Councils, the Licensing Team would work closely with Legal Services to consider how this matter could be taken forward so as to satisfy the requirements of the legislation in respect of Street Trading whilst not over-burdening small businesses at temporary charitable events.  It was agreed:

 

·   That the Council’s Licensing Committee be requested to consider the implications of the requirement for individual traders to make applications and pay application fees to the Council in relation to such community events;

·   That the concerns of the Community Liaison Committee be conveyed to the Council in relation to the over-burdening of small businesses when undertaking temporary charitable events;

·   That the Council be requested to carry out a review of the current streets that were designated prohibited and consent streets.

 

Since applications made under the Local Government (Miscellaneous Provisions) Act 1982 were specific to the applicant and police checks were personal to the applicant, Legal Services had advised that each trader must make an individual application for a Street Trading Consent and that any deviation from this requirement could expose the Council to legal challenge.

 

To reduce the burden on small businesses and to ensure community events were not prejudiced by application fees which small / occasional traders might not be prepared to pay, particularly in the case of a 1 or 2 day and charitable events, it was proposed that a sliding scale of application fees be introduced which reflected the number of days in respect of which the consent was required.  The approval fee in respect of Street Trading Consents would continue to be set by the Licensing Committee.

 

RESOLVED -

 

(1)      T H A T the introduction of a sliding scale of application fees in respect of Street Trading Consents be endorsed.

 

(2)      T H A T the following application fees in respect of Street Trading Consents be approved and become effective from 1^st October, 2007:

 

 

*Approval Fee set by Licensing Committee.

 

(3)      T H A T the impending review of Consent and Prohibited Streets in the Vale of Glamorgan identified in the Public Protection Service Plan for 2007/08 be noted.

 

Reasons for recommendations

 

(1&2)  To reduce the burden on small businesses of Street Trading Consent applications and promote community events.

 

(3)      To inform Licensing Committee of further work to be carried out in relation to Street Trading.

 

(N.B.: Councillor Mrs. M. Kelly Owen declared an interest in the above matter and left the room for consideration of this item).

 

 

349     INFORMATION REPORT - STEPHEN OLIVER -

 

Mr. Stephen Oliver had appealed to the Magistrates’ Court in relation to the Licensing Committee’s decision of 10^th April, 2007 to revoke his Private Hire Operator’s Licences.

 

On 10^th April, 2007, a report was presented to the Committee in relation to Mr. Oliver’s conviction for using a vehicle for the carriage of passengers for hire and reward whilst that vehicle was the subject of a Suspension Notice (Minute No. 991).  On 21^st August 2007, Mr. Oliver appeared at Barry Magistrates’ Court and his appeal in relation to the revocation of his licence was heard.  The Team Leader of Licensing and a Licensing Officer were required to give evidence in relation to the appeal at Barry Magistrates’ Court.  The Chairman and Vice-Chairman of the Licensing Committee were also required to give evidence in relation to how the Licensing Committee reached their decision to revoke the licence.  The Magistrates considered the matter and the Committee’s decision to revoke the licence was upheld.  Mr. Oliver now had the right of appeal to the Crown Court within 21 days and the right of appeal expired on 11^th September, 2007.

 

RECOMMENDED - T H A T the position be noted and that officers be thanked for all their hard work in connection with this case.

 

 

350     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.

 

 

351     APPLICATION FOR HACKNEY CARRIAGE AND PRIVATE HIRE DRIVER’S LICENCE - M.J.A. (DLPPHS) (EXEMPT INFORMATION - PARAGRAPHS 12, 13 AND 14) -

 

On 27^th February, 2007, M.J.A. had passed the Basic English Test.  On 20^th March, 2007 he made his application for a Hackney Carriage and Private Hire Vehicle Driver’s Licence.  M.J.A. had failed three attempts at the Council’s Knowledge Test and had now requested that he be permitted to sit this Test for the fourth time under the current application.

 

A further requirement of the application process was an enhanced criminal records disclosure in respect of the applicant supplied by the Criminal Records Bureau.  In addition to a number of convictions listed on the application form, the CRB check revealed several undisclosed items.  M.J.A. did not attend the meeting to present any further information.

 

RESOLVED - T H A T M.J.A. be not considered a fit and proper person to hold a Vale of Glamorgan Council Hackney Carriage and Private Hire Vehicle Driver’s Licence and the application be refused due to his previous convictions with no mitigation being given, driving convictions including driving without insurance and his failure to pass the Council’s Knowledge Test.

 

 

352     APPLICATION FOR HACKNEY CARRIAGE AND PRIVATE HIRE DRIVER’S LICENCE - A.K. (DLPPHS) (EXEMPT INFORMATION - PARAGRAPHS 12, 13 AND 14) -

 

A.K. applied to be licensed as a Hackney Carriage and Private Hire Vehicle Driver on 2^nd July, 2007.  A.K. had successfully passed his Basic English Test on 20^th June, 2007 and Knowledge Test on 15^th August, 2007.  A.K. had declared on his application form at section 6 that he had no previous convictions but a subsequent check with the Criminal Records Bureau disclosed a matter recorded against him.  A.K. attended the meeting and indicated that he had not entered certain matters on the form as he had not known they were relevant.

 

RESOLVED - T H A T a Hackney Carriage and Private Hire Driver’s Licence be granted and A.K. be reminded of the necessity to advise Licensing Officers of any further convictions within seven days.

 

 

353     APPLICATION FOR HACKNEY CARRIAGE AND PRIVATE HIRE DRIVER’S LICENCE S.J.L. (DLPPHS) (EXEMPT INFORMATION - PARAGRAPHS 12, 13 AND 14) -

 

S.J.L. had made application for a Vale of Glamorgan Hackney Carriage and Private Hire Driver’s Licence.  S.J.L. did not attend the meeting and there was information not contained within the report that was felt pertinent to the case.  As the applicant was not present and it was felt all information should be considered with his application, it was

 

RESOLVED - T H A T the matter be deferred to allow Licensing Officers the opportunity to apprise SJL of all the information to be considered by the Committee.

 

 

354     APPLICATION FOR HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE DRIVER’S LICENCE - P.R. (DLPPHS) (EXEMPT INFORMATION - PARAGRAPHS 12, 13 AND 14) -

 

P.R. had applied to be licensed as a Hackney Carriage and Private Hire Vehicle Driver on 4^th June, 2007 and had successfully completed his basic English and Knowledge Test.  On his application form, at section 6, P.R. had declared that he had a single conviction.  However, a subsequent check with the Criminal Records Bureau revealed several other matters recorded against him.  After careful consideration of these other matters and further information from P.R., it was

 

RESOLVED - T H A T a Hackney Carriage and Private Hire Vehicle Driver’s Licence be granted to P.R. and a written warning be issued as to his future conduct and he be reminded of the necessity to advise Licensing Officers of any future convictions within seven days.