LICENSING COMMITTEE

 

MINUTES of a meeting held on 16th October, 2007.

 

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

 

 

450     APOLOGIES FOR ABSENCE -

 

These were received from Councillors Mrs. C.V.L. Clay, Miss J. Cole, A.G. Powell and Mrs. M. Randall.

 

 

451     MINUTES -

 

RESOLVED - T H A T the minutes of the Licensing Committee held on 18th September, 2007 be accepted.

 

 

452     DECLARATIONS OF INTEREST -

 

No declarations were received.

 

 

453     THE GAMBLING ACT 2005: SMALL SOCIETY LOTTERIES (DLPPHS) -

 

The Gambling Act 2005, which fully came into force in September 2007, moved responsibility for the issue of licences for gambling activities away from the Magistrates’ Court to Local Licensing Authorities.

 

The Vale of Glamorgan Council’s Licensing Section acting as the Local Licensing Authority, previously had the responsibility for the registration of lotteries under the Lotteries and Amusements Acts 1976.  From September 2007 the Gambling Act 2005 repealed the Lotteries and Amusements Act 1976 and enabled local authorities to continue to control a registration system for small non-commercial society lotteries, to be administered by licensing authorities.

 

Licensing Authorities would register small society lotteries to authorise promotion of a lottery for charitable purposes, for the purpose of enabling participation in, or of supporting sport, athletics or a cultural activity and for any other non-commercial purpose other than that of private gain.  The commencement date for such applications was 1st September, 2007.

 

The Secretary of State, through Regulations (SI 2007 No. 2328) set a prescribed application form and prescribed fees of £40 for an initial application and £20 for the renewal fee payable annually.

 

Start-up costs for gambling reform had been 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 Premises Licences had been set by the Licensing Authority within the prescribed range and approved by the Licensing Committee on 8th May, 2007 and fees for permits and registrations had been set by the Secretary of State.

 

RESOLVED -

 

(1)       T H A T the fees, application form and application process for Small Society Lotteries under the Gambling Act 2005, be noted.

 

(2)       T H A T the application process be approved and officers be authorised to determine applications and make appropriate changes to forms and guidance notes as and when required.

 

 

454     THE GAMBLING ACT 2005: CLUB GAMING AND CLUB MACHINE PERMITS (DLPPHS) -

 

The Gambling Act 2005 which fully came into force in September 2007, moved responsibility for the issue of licences for gambling activities away from the Magistrate’s Court to local licensing authorities.  The Gambling Act 2005  introduced Club Gaming Permits and Club Machine Permits which would be administered and enforced by the local authorities.  Previously Club Permits were issued under the Gaming Act 1968 and issued by the Magistrate’s Court.  The commencement date for such applications was 1st September, 2007.

 

The Secretary of State through regulations (SI 2007 No. 1834) set a prescribed application form and prescribed fees.  The permits would last for 10 years and an additional renewal fee would be payable at that time. 

 

Start-up costs for the 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 premises licenses had been set by the Licensing Authority within the prescribed range and approved by the Licensing Committee on 8th May, 2007 and fees for permits and registrations had been set by the Secretary of State.

 

RESOLVED -

 

(1)       T H A T the fees, application form and application process for Club Gaming and Club Machine Permits under the Gambling Act 2005 be noted.

 

(2)       T H A T the application process be approved and officers be authorised to determine applications and make appropriate changes to forms and guidance notes as and when required.

 

 

455     EXCLUSION OF PRESS AND PUBLIC -

 

RESOLVED - T H A T under Section 100A(4) of the Local Government Act 1972, press and public be excluded from the meeting for the following items of business on the grounds that they include 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.

 

 

456     APPLICATION FOR HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE DRIVER’S LICENCE: SJL (DLPPHS) (EXEMPT INFORMATION PARAGRAPHS 12, 13 AND 14) -

 

On 18th September, 2007. the Licensing Committee had deferred consideration of the above application by SJL due to his non-attendance of the applicant and to provide him with an additional opportunity to attend the meeting.  Licensing officers had obtained additional information in relation to the application by SJL and a letter with copies of this and all other relevant information had been hand delivered to the applicant on 25th September, 2007.  No explanation had been provided by SJL in respect of the discrepancy between the evidence supplied previously and the most recent CRB disclosure.  SJL was not present at the meeting to provide any further information.

 

SJL had successfully passed the basic English test but had subsequently failed three attempts at the Knowledge Test.  On the application form SJL had not declared matters subsequently revealed by the CRB disclosure. 

 

RESOLVED - T H A T SJL be not considered a fit and proper person to hold a Vale of Glamorgan Hackney Carriage and Private Hire Driver’s Licence and the application be refused due to his failure to disclose previous convictions on the application form and failure to attend meetings to offer any mitigation and failure to pass the Knowledge Test after three attempts.

 

 

457     APPLICATION FOR HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE DRIVER’S LICENCE: JDA (DLPPHS) (EXEMPT INFORMATION PARAGRAPH 12, 13 AND 14) -

 

JDA attended the meeting and the legal officer asked him to confirm that he had received all relevant paperwork and outlined the procedure to be followed.  JDA had applied for Hackney Carriage and Private Hire Vehicle Driver’s Licence on 18th June, 2007 and had successfully passed his basic English and Knowledge Tests. 

 

On receipt of JDA’s completed medical form it was noted that the doctor had declared the applicant fit to act as a driver of Hackney Carriage and Private Hire Vehicles.  It had also been highlighted by the doctor that JDA suffered from a medical condition and the chosen method of pain relief was not ideal for a driver.  Licensing officers then wrote to JDA’s medical practitioner to clarify his observations.  A subsequent letter from JDA’s medical practitioner on 29th August, 2007 withdrew support for the application by JDA to be licensed as a Hackney Carriage and Private Hire Vehicle Driver given the importance of safe carriage of passengers and the applicant’s use of alcohol for pain relief.  JDA indicated that he was now on prescribed medication for pain relief so did not use alcohol for this purpose.  In response to a query whether JDA would be able to abide with the Council’s condition to provide reasonable assistance to a passenger with luggage, he confirmed that he could help but would only be prepared to if something was of a reasonable weight.

 

RESOLVED - T H A T the decision to grant a Hackney Carriage and Private Hire Vehicle Driver’s Licence to JDA be deferred until

 

(1)       further information was received from the applicant’s medical practitioner that he was a fit and proper person to drive with regard to usage of alcohol; and

 

(2)       whether with regard to the applicant’s medical condition, the medical practitioner would consider that he would be able to abide by the Council’s condition of licence that he would be required to provide reasonable assistance to passengers with their luggage if required.

 

 

458     APPLICATION FOR HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE DRIVER’S LICENCE: GJD - (DLPPHS) (EXEMPT INFORMATION PARAGRAPHS 12, 13 AND 14) -

 

GJD had applied to be licensed as a Hackney Carriage and Private Hire Vehicle Driver on 25th July, 2007 and had successfully completed his basic English and Knowledge Test.  GJD had declared previous convictions on his application form and these were as confirmed on a subsequent CRB disclosure.  As the two offences were deemed to be relevant the application by GJD had been referred to the Committee for consideration.

 

GJD attended the meeting and after consideration of the information given by the applicant it was

 

RESOLVED - T H A T a Hackney Carriage and Private Hire Vehicle Driver’s Licence be granted to GJD.

 

 

459     APPLICATION FOR HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE DRIVER’S LICENCE: RPM (DLPPHS) (EXEMPT INFORMATION PARAGRAPHS 12, 13 AND 14) -

 

RPM applied to be licensed as a Hackney Carriage and Private Hire Vehicle Driver on 1st August, 2007 and had successfully completed his basic English and Knowledge Test.  On the application form RPM had declared a single previous conviction but a subsequent CRB disclosure revealed several matters recorded against him.  RPM attended the meeting and after consideration of the further information given by the applicant, it was

 

RESOLVED - T H A T a Hackney Carriage and Private Hire Vehicle Driver’s Licence be granted to RPM together with a written warning to remind him of the necessity to advise licensing officers of any further convictions within seven days.

 

 

460     DISCIPLINARY MATTER - PKS (DLPPHS) (EXEMPT INFORMATION PARAGRAPHS 12, 13 AND 14) -

 

PKS had applied to be licensed as a Hackney Carriage and Private Hire Vehicle Driver on 15th November, 2006.  On 2nd July, 2007 the Licensing Committee deemed PKS as a fit and proper person to hold a Hackney Carriage and Private Hire Vehicle Driver’s Licence and this was granted together with a written warning as to his future conduct.  Enclosed with his licence were the Conditions attached to a Private Hire Vehicle Driver’s Licence.

 

On 12th September, 2007 PKS telephoned the Licensing Section to request advice in respect of an endorsement on his driving licence.  Several attempts by licensing officers to contact PKS were unsuccessful.  On 20th September, 2007 PKS again left a message with Contact OneVale.  Officers were then asked should PKS telephone again to remind him of the need to write to the Licensing Section with details of his conviction within seven days of any conviction in accordance with the Council’s Standard Conditions.

 

On 24th September, 2007 PKS submitted a letter to the Licensing Section which indicated that he had received a Fixed Penalty Notice for driving without insurance.

 

PKS did not attend the meeting but members decided to consider the matter in his absence and it was

 

RESOLVED - T H A T PKS be deemed to remain a fit and proper person to be licensed as a Private Hire Vehicle Driver but a further written warning be issued with regard to his future conduct and a letter to this effect be attached to his driver licence file.