LICENSING COMMITTEE

 

MINUTES of a meeting held on 13th November, 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, A.G. Powell, Mrs. A.J. Preston, Mrs. M. Randall and Mrs. M.R. Wilkinson.

 

 

512     APOLOGIES FOR ABSENCE -

 

These were received from Councillors S.C. Egan and N.J. Gibbs.

 

 

513     MINUTES -

 

RESOLVED - T H A T the minutes of the Licensing Committee held on 16th October, 2007 be accepted.

 

 

514     DECLARATIONS OF INTEREST -

 

No declarations were received.

 

 

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

 

An application had been received from a Mrs. Joanna Mounter for the grant of a Private Hire Vehicle Licence, for a vehicle that was outside the Council’s Age Policy guidelines.  The application was in respect of a Volkswagen 800 Special, Registration Number S19 JOM, which was a Prestige 2 vehicle and had to be first licensed before it was six years old.  The vehicle became six years old on 21st June, 2007 and was 14 weeks over the age limit for the first time licensing of a Prestige 2 vehicle at the time of application.

 

An application to licence the vehicle as a Private Hire Vehicle was received on 1st October, 2007.  The vehicle was tested by the Council’s garage at Wenvoe on 18th October, 2007 and was subject to a retest on 22nd October, 2007 when it was passed mechanically fit with a passenger seating capacity of four.  

 

RESOLVED - T H A T the Council’s Age Policy guidelines be waived and a Private Hire Vehicle Licence be granted to Mrs. Joanna Mounter in respect of a Volkswagen 800 Special, Registration Number S19 JOM and a further condition be attached to the Licence that this cannot be transferred. 

 

 

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

 

An application had been received from Mr. Terence MacDonald for the grant of a Private Hire Vehicle Licence in respect of vehicle Vauxhall Omega, Registration Number R265 DWW contrary to the Vale of Glamorgan Council’s Age Policy Guidelines.  The vehicle was first registered with the DVLA on 25th June, 1996 and licensed with the Authority as a Private Hire Vehicle between 1st March, 22001 and 24th October, 2007 when the vehicle Licence expired.  The Vauxhall Omega was a Prestige Class 2 type vehicle and had to be under six years old from the date of first registration to be licensed as a Private Hire Vehicle.  The vehicle became 6 years old on 25th June, 2004.  On application, Mr. MacDonald made an appointment to have the vehicle tested at the Alps garage on 24th October, 2007, the last possible date that the vehicle could be tested for renewal of the Licence.  On 24th October, 2007 Mr. MacDonald attended the Civic Offices and informed Licensing Officers that the vehicle was in the garage for repair.  He stated that he was unable to gain access to the vehicle and therefore was unable to get it to the Alps garage for testing.  Failure to present the vehicle for inspection meant that the Licence expired on 24th October, 2007 and the renewal application made by Mr. MacDonald on 18th October, 2007 was refused.

 

On 30th October, 2007 Mr MacDonald made an application for the grant of a Licence and paid a further fee in respect of this application.  On 25th October, 2007 the vehicle had been presented for testing at the Wenvoe Garage and passed as mechanically fit. 

 

Mr. MacDonald asked that the Committee consider the extenuating circumstances of the case.  He had been unable to gain access in sufficient time as there had been a bereavement at the garage where the car was placed for repair.  The garage was closed for a few days and during this time Mr. MacDonald’s licence expired.  It was therefore necessary for him to make a new application and pay a further fee which he now requested be refunded in view of the circumstances of the case.

 

RESOLVED -

 

(1)       T H A T a Private Hire Vehicle Licence be granted in respect of Vauxhall Omega, Registration Number R265 DWW.

 

(2)        T H A T the renewal fee be refunded in line with the Licensing Section’s refund policy.

 

 

517     STREET TRADING CONSENT - GLEBE STREET, PENARTH (DLPPHS) -

 

A request had been received from Miss. Katie-Joy Smith to trade on the lower section of Glebe Street, Penarth in connection with the Penarth Christmas lights event on 30th November, 2007.  An application fee of £10 had been paid.  The Committee had been requested to set a balance of fee, namely the approval fee, to ensure that the Council’s costs were recovered in relation to the administration and enforcement of the function. 

 

RESOLVED - T H A T the street trading application made by Miss. Katie-Joy Smith be approved and a balance of fee in the sum of £40 be set. 

 

 

518     STREET TRADING CONSENTS - LUDLOW STREET AND GLEBE STREET, PENARTH (DLPPHS) -

 

Ten applications for Street Trading Consents had been received in respect of the planned Continental Market at Ludlow Street, Penarth on Sunday 2nd December, 2007.  The Committee was requested to set the balance of fee in respect of each application, namely the approval fee, to ensure that the Council’s costs were recovered in relation to the administration and enforcement of this function. 

 

Each application had to be considered separately and on its own merits.  The hours of trading would be between 9.00am and 6.00pm on Sunday 2nd December, 2007. 

 

RESOLVED - T H A T the applications and balance of fees in respect of each application as detailed below be approved:

 

Application

Number

Name of Applicant

Type of Goods

Balance of Fee

1

Nemat Murat

Greek olives, dried fruits, baklava, nuts

£174.80

2

Lukacs Lionel

Cheese, Turkish delights, Brittany biscuits

£174.80

3

Coitau Legrand

Paella, tartfillette, cider crepes

£174.80

 

Subject to receipt of food hygiene certificates

 

4

Gwenael Prie

Jewellery, Italian cashmere, jumpers

£174.80

5

Guy Rouviller

Pashminas, leather bags, gloves, fashion items

£174.80

6

David James Bolster

Puppets, animal bags, purses, bags, grass pets, wooden roses, silk flowers

£174.80

7

Sebastien Bristiel

Dried sausage and wine

£174.80

 

Subject to receipt of food hygiene certificates

 

8

Thierry Stephane

Bakery items

£174.80

9

Paul Patey

Soap, lavender, leather belt, leather items

£174.80

10

Edward Taylor

Fudge and sweets

£174.80

 

Mrs Kelly Owen declared an interest in the above item and left the room during its consideration.

 

 

519     THE GAMBLING ACT 2005 - UNLICENSED FAMILY ENTERTAINMENT CENTRES (DLPPHS) -

 

On 2nd July, 2007 the Committee had received a report on Unlicensed Family Entertainment Centres.  The Licensing Section had since received queries in relation to the requirement to provide a CRB / Scottish Disclosure as part of the application.  Under the Gambling Act 2005 operators of Adult Gaming Centres (AGCs) Casinos, Betting Premises, Bingo Premises and Family Entertainment Centres were required to have a Personal Licence from the Gambling Commission.  The Gambling Commission, in order to issue a Personal Licence, required a CRB disclosure, a credit check, references and a police report if the applicant had not been in the country for more than two years. 

 

The current requirement for all applicants to provide a CRB / Scottish Disclosure with the Unlicensed Family Entertainment Centre application was, in certain circumstances, a duplication of work.  Holders of Operator and Premises Licences would have already been through a stringent process with the Gambling Commission for their Personal Licence, which included the requirement of an enhanced CRB disclosure.  Applicants who only required UFEC permits and were not Operators or Premises Licence holders would still be required to submit a CRB / Scottish Disclosure with the application to the Licensing Authority.

 

The Licensing Authority proposed to amend the requirement to reflect by whom a CRB / Scottish Disclosure was needed  i.e. if not currently in possession of the Personal Licence with the Gambling Commission.

 

RESOLVED - T H A T the guidance for Unlicensed Family Entertainment Centres be amended to include additional wording which related to a Criminal Records Bureau or Scottish Disclosure Certificate to state that  “only required if the applicant does not hold a Personal Licence with the Gambling Commission”.

 

 

520     THE GAMBLING ACT 2005 - LICENCE FEES AND CHARGES (DLPPHS) -

 

The Committee was requested to determine Gambling Act licence fees and charges for Bingo Premises and to set the Gambling Act licence fees and charges to take effect from 13th November, 2007. 

 

The Gambling Act 2005 had been implemented in stages and was brought into effect between March 2006 and September 2007.  Licensing Authorities were responsible for issuing Premises Licences and Gambling Permits.  The general functions of the Licensing Authority in dealing with Gambling Premises Licences were delegated to the Licensing Committee.  The Government had 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.  Details contained within this report provided information to enable the Licensing Authority to determine fees and charges under the Gambling Act 2005.  Under the Gambling Act 2005 there were functions that could not be delegated to the Licensing Committee and might therefore only be carried out by Full Council acting as the Licensing Authority in terms of setting fees and charges.  In terms of the setting of fees and charges the Licensing Authority’s duty under Section 212 of the Act was to determine the amount of fee.  Full Council delegated this matter on 14th February, 2007 where power to determine all matters regulated by the Gambling Act 2005 were delegated to the Licensing Committee.  The Licensing Committee could set the licence fees and charges under Section 212(b) of the Gambling Act 2005.

 

RESOLVED -

 

(1)       T H A T the Licence Fees and Charges under Section 212(b) of the Gambling Act 2005 in line with the Vale of Glamorgan Council’s Constitution be agreed; and

 

(2)       T H A T the Gambling Act Licence Fees and Charges for Bingo Premises as set out below be approved to take effect from 13th November, 2007:

 

Type of Application

Fee

% of

Maxima

Application Fee

£2,100

60%

Application where provisional statement previously issued

£675

56.25%

Annual Fee

£1,000

100%

Transfer Application Fee

£400

33.33%

Variation Application Fee

£1,300

75%

Provisional Statement Application Fee

£2,100

60%

Application for Reinstatement Fee

£700

58.3%

Change of Circumstances Fee

£50

100%

Duplicate Licence Fee

£25

100%

 

 

521     INFORMATION REPORT: S. OLIVER (DLPPHS) -

 

On 10th April 2007, the Licensing Committee received a report which related to Stephen Oliver’s conviction for the use of a vehicle for the carriage of passengers for hire and reward whilst that vehicle was the subject of a Suspension Notice.  On 25th August 2007, Mr. Oliver appeared at Barry Magistrates’ Court and his appeal against the revocation of his licence was heard.  The Team Leader of the Licensing Section and Licensing Officer were required to give evidence in this matter.  The Chairman and Vice-Chairman were also required to give evidence as 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.  The Court ordered Mr. Oliver to pay a contribution of the Local Authority’s costs to the amount of £250.

 

On 6th September 2007, Mr. Oliver lodged an appeal in relation to the Magistrates’ decision with Cardiff Crown Court.  On 19th October 2007, the matter was heard and Her Honour Justice Rees considered the evidence before her and dismissed Mr. Oliver’s appeal.  The Local Authority were awarded £1,000 as a contribution towards costs incurred, payable by Mr. Oliver.

 

RESOLVED -

 

(1)       T H A T the position be noted.

 

(2)       T H A T officers be thanked for all their hard work and diligence in this matter.

 

 

522     THE LICENSING COMMITTEE AS APPOINTED UNDER THE LICENSING ACT 2003: THE LICENSING ACT 2003 (LA) -

 

In accordance with Section 5 of the Licensing Act 2003, a statutory review of the Vale of Glamorgan Council’s Statement of Licensing Policy had been undertaken.  The Committee were asked to consider the comments raised in response to the public consultation on the Vale of Glamorgan Council’s Draft Statement of Licensing Policy.  Any amendments to the Review and Statement of Licensing Policy would be referred for decision by Cabinet on 28th November 2007.

 

The Licensing Act 2003 placed a duty upon Local Authorities to develop a Licensing Policy, which promoted the four licensing objectives;

·             The Prevention of Crime and Disorder

·             Public Safety

·             Prevention of Public Nuisance

·             Protection of Children from Harm.

 

Section 5 of the Licensing Act 2003 places a duty upon Local Authorities to review this policy and revise it if necessary, every three years.

 

Control of licensed premises will be through monitoring and enforcement.  The issue of enforcement had to be addressed in the Policy and the Secretary of State’s Guidance states that enforcement should be targeted following risk assessment.

 

No Licensing Authority would be able to deal with an Application for any licences without having a reviewed Statement of Licensing Policy in place prior to the beginning of the second statutory three year period.

 

This is further clarified by Statutory Instrument 2004 No. 2362, which states that the three year period for reviewing licensing policies began on 7th January 2005.  Therefore, the Statement of Licensing Policy for the Vale of Glamorgan Council had to be published by the three year anniversary of this date - 7th January 2008.

 

RECOMMENDED -

 

(1)       T H A T Members note the progress of the Statutory Review of the Vale of Glamorgan Council’s Statement of Licensing Policy.

 

(2)       T H A T the amendments to be made to the reviewed Statement of Licensing Policy be agreed.

 

(3)       T H A T the amended Statement of Licensing Policy be referred to Cabinet on 28th November 2007 for approval.

 

(4)       T H A T the work of the Licensing Section in the preparation of the Vale of Glamorgan Council’s Statement of Licensing Policy be recognised and they be thanked for all their hard work.

 

 

523     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.

 

 

524     APPLICATION FOR HACKNEY CARRIAGE AND PRIVATE HIRE DRIVERS’ LICENCE: A. (DLPPHS) (EXEMPT INFORMATION - PARAGRAPHS 12,13&14) -

 

J. A. had been interviewed by the Committee on 16th October 2007 to determine whether he was deemed to be a fit and proper person to hold a Vale of Glamorgan Council Hackney Carriage and Private Hire Drivers Licence.  Licensing Officers had referred the matter to the Committee due to comments made by the Applicant’s General Practitioner on the completed medical form.  A letter was sent to the doctor on 22nd August 2007 seeking clarification of his observations.  A reply dated 29th August 2007 from the doctor retracted his statement that he considered the Applicant was fit to act as a driver of a Hackney Carriage or Private Hire Vehicle.

 

On 16th October 2007, the Committee deferred a decision on Mr. A.’s application for additional information to be received from the Applicant’s doctor.  A letter was sent to the General Practitioner on 23rd October 2007 but no response had been received to date. 

 

Mr. A. had telephoned Licensing Officers to confirm that he would not attend the hearing, without any explanation being given.  After careful consideration of all available evidence, it was

 

RESOLVED - T H A T J. A. was not considered to be a fit and proper person to hold a Vale of Glamorgan Council Hackney Carriage and Private Hire Drivers Licence and his application be refused due to the medical information received from the Applicant’s General Practitioner, the evidence provided by Licensing Officers as to J. A’s previous conduct and the comments made by J. A. at the Committee meeting on 16th October 2007 in respect of not being able to offer reasonable assistance to passengers in line with the Vale of Glamorgan’s Licensed Driver conditions..

 

 

525     APPLICATION FOR HACKNEY CARRIAGE AND PRIVATE HIRE DRIVER LICENCES: G.M. (DLPPHS) (EXEMPT INFORMATION - PARAGRAPHS 12,13&14) -

 

On 12th April 2007, the Applicant passed the basic English Test and applied for a Hackney Carriage and Private Hire Vehicle Drivers Licence on 2nd May 2007.  G.M. had subsequently failed three attempts at the Knowledge Test.  Both the English and Knowledge Test had to be completed successfully before an applicant could be considered for the grant of a Hackney Carriage and Private Hire Vehicle Drivers Licence.

 

A letter had been received from G.M. to request that he be allowed to sit a fourth Knowledge Test as part of the current application.

 

RESOLVED - T H A T the request by G.M. to be allowed to sit a fourth Knowledge Test, as part of the current application, be refused and that his application for a Hackney Carriage and Private Hire Vehicle Drivers Licence be refused as he was not considered to be a fit and proper person due to his failure to pass the Council’s Knowledge Test after three attempts.

 

 

526     APPLICATION FOR HACKNEY CARRIAGE AND PRIVATE HIRE DRIVER LICENCES: A.A. (DLPPHS) (EXEMPT INFORMATION - PARAGRAPHS 12,13&14) -

 

Mr. A. attended the meeting and the Legal Officer outlined the procedure to be followed.  On 12th August 2007, Mr. A. had passed his English Test and had applied for a Hackney Carriage and Private Hire Vehicle Drivers Licence on 2nd May 2007.  A.A. had subsequently failed three attempts at the Council’s Knowledge Test.  Both the English and Knowledge Test had to be completed successfully before an applicant could be considered for the grant of a Hackney Carriage and Private Hire Vehicle Drivers Licence.

 

After careful consideration, the Committee

 

RESOLVED - T H A T the request by A.A. to be allowed to sit a fourth Knowledge Test, as part of the current application, be refused and that his application for a Hackney Carriage and Private Hire Vehicle Drivers Licence be refused as he was not considered to be a fit and proper person due to his failure to pass the Council’s Knowledge Test after three attempts.

 

 

527     APPLICATION FOR HACKNEY CARRIAGE AND PRIVATE HIRE DRIVER LICENCES: A.T. (DLPPHS) (EXEMPT INFORMATION - PARAGRAPHS 12,13&14) -

 

A.T. attended the meeting and the Legal Officer outlined the procedure to be followed.  A.T. had applied to be licensed as a Hackney Carriage and Private Hire Vehicle Driver on 8th June 2007 and had successfully completed his Basic English and Knowledge Test.  On his application form A.T. had indicated that he had no previous convictions but a subsequent CRB disclosure revealed a matter recorded against a person with similar details.  The CRB had sought clarification of a name change by the Applicant in 1995/1996 and it was confirmed that the CRB disclosure did relate to an offence by the Applicant.

 

After consideration of the information given by A.T., it was

 

RESOLVED - T H A T a Hackney Carriage and Private Hire Vehicle Drivers Licence be granted to A.T.