LICENSING COMMITTEE
MINUTES of a meeting held on 11th
December, 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. A.J. Preston and
Mrs. M.R. Wilkinson.
613 APOLOGIES FOR
ABSENCE -
These were received from Councillors S.C.
Egan, N.J. Gibbs, Mrs. M. Kelly Owen, A.G. Powell and Mrs. M.
Randall.
614 MINUTES -
RESOLVED - T H A T the minutes of the
Licensing Committee held on 13th November, 2007 be
accepted.
615 DECLARATIONS OF
INTEREST -
No declarations were received.
616 APPLICATION FOR
THE GRANT OF A PRIVATE HIRE VEHICLE LICENCE: VAUXHALL VIVARO WP04
ZUA (DLPPHS) -
On 13th November, 2007, CJ Contract
Travel Services Ltd had made an application for the grant of a
Private Hire licence for a Vauxhall Vivaro, registration number
WP04 ZUA and had requested that the vehicle be exempt from
conditions 12(d) and (e) of the Vale of Glamorgan Council’s
conditions attached to Private Hire Vehicles. On
14th November, 2007, the Vauxhall Vivaro was presented
for testing at the Alps Depot. The vehicle had failed the
plating test as the measurement of the seats did not comply with
the minimum requirements as set out in conditions 12(d) and (e)
attached to Private Hire Vehicles.
Mr. John Payne, Fleet Manager for the Council
confirmed that the seats of the vehicle were in good condition and
complied in every respect other than width of seat and this was not
a safety issue.
RESOLVED - T H A T in respect of the
application from CJ Contract Travel Services Ltd for vehicle
registration number WP04 ZUA, the minimum measurement for seats in
condition 12(d) and (e) be waived and the Private Hire Vehicle
Licence be granted.
617 APPLICATION FOR
THE GRANT OF A PRIVATE HIRE VEHICLE LICENCE: IVECO MINIBUS V397 DDK
(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 minibus V397 DDK contrary to the Vale of
Glamorgan Council’s Age Policy Guidelines. Included in the
same application was a request for the vehicle to be exempt from
condition 12(d) and (e), which related to seat width, of the Vale
of Glamorgan Council’s licensing conditions. The vehicle was
first registered on 8th September, 1989 and was outside
the Age Policy Guidelines and could not be considered for the grant
of a Private Hire Vehicle by Licensing Officers. At the time
of application, the vehicle was one year and two months beyond the
Council’s Age Policy Guidelines for prestige 2 vehicles. The
Iveco minibus vehicle was fitted with tracks that enabled
wheelchairs to be clamped securely to the floor of the vehicle as a
means of allowing wheelchairs and their users to be lifted into the
vehicle.
RESOLVED - T H A T the application by CJ
Contracts Ltd for a Private Hire Vehicle Licence in respect of
Iveco minibus, registration number V398 DDK be granted, subject to
a successful mechanical test, the Vale of Glamorgan Council’s Age
Policy Guidelines be waived, the vehicle be exempted from the
requirements of conditions 12(d) and (e) and it be a condition of
licence that this is non-transferable.
618 APPLICATION FOR
THE GRANT OF A PRIVATE HIRE VEHICLE LICENCE: IVECO TURBO DAILY V228
DLB (DLPPHS) -
An application had been received from CJ
Contract Services Ltd for the grant of a Private Hire Vehicle
Licence in respect Iveco Turbo Daily V228 DLB contrary to the Vale
of Glamorgan Council’s Age Policy Guidelines. As part of this
application, it was also requested that the vehicle be exempted
from conditions 12(d) and (e) of the Vale of Glamorgan licensing
conditions. The vehicle was first registered on
18th November, 1999 and was outside the Age Policy
Guidelines and could not be considered for the grant of a Private
Hire Vehicle by Licensing Officers. At the time of
application, the vehicle was one year and eleven months beyond the
Council’s Age Policy Guidelines for prestige 2 vehicles. The
Iveco Turbo Daily vehicle was fitted with tracks that enabled
wheelchairs to be clamped securely to the floor of the vehicle as a
means of allowing wheelchairs and their users to be lifted into the
vehicle.
RESOLVED - T H A T the application by CJ
Contracts Ltd for a Private Hire Vehicle Licence in respect of
Iveco Turbo Daily V228 DLB be granted, the Vale of Glamorgan
Council’s Age Policy Guidelines be waived, the vehicle be exempted
from the requirements of conditions 12(d) and (e) and it be a
condition of licence that this is non-transferable.
619 APPLICATION FOR
THE GRANT OF A PRIVATE HIRE VEHICLE LICENCE: RENAULT MASTER P304
LBK (DLPPHS) -
An application had been made by CJ Contract
Services Ltd for the grant of a Private Hire Vehicle Licence in
respect of Renault Master P304 LBK contrary to the Vale of
Glamorgan Council’s Age Policy Guidelines. As part of the
same application, the applicant had asked for the vehicle to be
exempt from condition 12(d) and (e) of the Vale of Glamorgan
Council’s licensing conditions. The vehicle was first
registered on 7th October, 1996 and was outside the Age
Policy Guidelines and could not be considered for the grant of a
Private Hire Vehicle by Licensing Officers. At the time of
application, the vehicle was six years and one month beyond the
Council’s Age Policy guidelines for prestige 2 vehicles. The
Renault Master vehicle was fitted with tracks that enabled
wheelchairs to be clamped securely to the floor of the vehicle as a
means of allowing wheelchairs and their users to be lifted into the
vehicle.
RESOLVED - T H A T the application by CJ
Contracts Ltd for a Private Hire Vehicle Licence in respect of
Renault Master P304 LBK be granted, the Vale of Glamorgan Council’s
Age Policy Guidelines be waived, the vehicle be exempted from the
requirements of conditions 12(d) and (e) and it be a condition of
the licence that this is non-transferable.
620 APPLICATION FOR
THE GRANT OF A PRIVATE HIRE VEHICLE LICENCE: RENAULT MASTER P211
NBK (DLPPHS) -
An application had been received from CJ
Contract Services Ltd for the grant of a Private Hire Vehicle
Licence in respect of Renault Master P211 NBK contrary to the Vale
of Glamorgan Council’s Age Policy Guidelines. Within the same
application was a request for the vehicle to be exempt from
conditions 12(d) and (e) of the Vale of Glamorgan Council’s
licensing conditions. The vehicle first registered on
18th April, 1997, was outside the Age Policy Guidelines
and could not be considered for the grant of a Private Hire Vehicle
by Licensing Officers. At the time of application the vehicle
was four years and six months beyond the Council’s Age Policy
Guidelines for prestige 2 vehicles. The Renault Master
vehicle was fitted with tracks that enabled wheelchairs to be
clamped securely to the floor of the vehicle as a means of allowing
wheelchairs and their users to be lifted into the vehicle.
RESOLVED - T H A T the application by CJ
Contract Services Ltd for a Private Hire Vehicle Licence in respect
of Renault Master P211 NBK be granted, the Vale of Glamorgan
Council’s Age Policy Guidelines be waived, the vehicle be exempted
from the requirements of conditions 12(d) and (e) of the licensing
conditions and it be a condition of the licence that this is
non-transferable.
621 APPLICATION FOR
THE GRANT OF A PRIVATE HIRE VEHICLE LICENCE: RENAULT MASTER P215
NBK (DLPPHS) -
An application had been received from CJ
Contract Services Ltd in respect of Renault Master P215 NBK
contrary to the Vale of Glamorgan Council’s Age Policy
Guidelines. Within the same application was a request for the
vehicle to be exempt from conditions 12(d) and (e) of the Vale of
Glamorgan Council’s licensing conditions. The vehicle was
first registered on 18th April, 1997 and was outside the
Age Policy Guidelines and could not be considered for the grant of
a Private Hire Vehicle by Licensing Officers. At the time of
application, the vehicle was four years and six months beyond the
Council’s Age Policy Guidelines for prestige 2 vehicles. The
Renault Master vehicle was fitted with tracks that enabled
wheelchairs to be clamped securely to the floor of the vehicle as a
means of allowing wheelchairs and their users to be lifted into the
vehicle.
RESOLVED - T H A T the application by CJ
Contract Services Ltd for a Private Hire Vehicle Licence in respect
of Renault Master P215 NBK be granted, the Vale of Glamorgan
Council’s Age Policy Guidelines be waived, the vehicle be exempted
from the requirements of conditions 12(d) and (e) of the licensing
conditions and it be a condition of licence that this is
non-transferable.
622 APPLICATION FOR
THE GRANT OF A PRIVATE HIRE VEHICLE LICENCE: RENAULT MASTER Y563
SND (DLPPHS) -
An application had been received from CJ
Contract Services Ltd for the grant of a Private Hire Vehicle
Licence in respect of a Renault minibus Y563 SND contrary to the
Vale of Glamorgan Council’s Age Policy Guidelines. Within the
same application was a request for the vehicle to be exempt from
conditions 12(d) and (e) of the Vale of Glamorgan Council’s
licensing conditions. The vehicle was first registered on
26th July, 2001 and was four months outside the Age
Policy Guidelines and could not be considered for the grant of a
Private Hire Vehicle by Licensing Officers. At the time of
application, the vehicle was four months beyond the Council’s Age
Policy Guidelines for prestige 2 vehicles. The Renault
minibus was fitted with tracks that enabled wheelchairs to be
clamped securely to the floor of the vehicle as a means of allowing
wheelchairs and their users to be lifted into the vehicle.
RESOLVED - T H A T the application by CJ
Contract Services Ltd for the grant of a Private Hire Vehicle
Licence in respect of Renault Master Y563 SND be granted,
subject to a successful mechanical test, the Vale of Glamorgan
Council’s Age Policy Guidelines be waived, the vehicle be exempted
from the requirements of conditions 12(d) and (e) and it be a
condition of licence that this is non-transferable.
623 APPLICATION FOR
THE GRANT OF A PRIVATE HIRE VEHICLE LICENCE: DUCATO MAXI P318 CCF
(DLPPHS) -
An application had been received from CJ
Contract Services Ltd for the grant of a Private Hire Vehicle
Licence in respect of a Ducato Maxi P318 CCF contrary to the Vale
of Glamorgan Council’s Age Policy Guidelines. Within the
application was a request for the vehicle to be exempt from
conditions 12(d) and (e) of the Vale of Glamorgan Council’s
licensing conditions. The vehicle was first registered on
12th September, 1996 and was outside the Age Policy
Guidelines and could not be considered for the grant of Private
Hire Vehicle Licence by Licensing Officers. At the time of
application, the vehicle was five years and two months beyond the
Council’s Age Policy Guidelines for prestige 2 vehicles. The
Ducato Maxi vehicle was fitted with tracks and enabled wheelchairs
to be clamped securely to the floor of the vehicle as a means of
allowing wheelchairs and their users to be lifted into the
vehicle.
RESOLVED - T H A T the application by CJ
Contract Services Ltd for a Private Hire Vehicle Licence in respect
of Ducato Maxi P318 CCF be granted, the Vale of Glamorgan Council’s
Age Policy Guidelines be waived, the vehicle be exempted from the
requirements of conditions 12(d) and (e), the granting of such
licence be subject to the passing of the mechanical test and it be
a further condition that the licence is non-transferable.
624 APPLICATION FOR
THE GRANT OF A PRIVATE HIRE VEHICLE LICENCE: RENAULT MINIBUS Y578
SND (DLPPHS) -
An application had been received from CJ
Contract Services Ltd for the grant of a Private Hire Vehicle
Licence in respect of Renault Minibus Y578 SND contrary to the Vale
of Glamorgan Council’s Age Policy Guidelines. Within the
application was a request for the vehicle to be exempt from the
conditions 12(d) and (e) of the Vale of Glamorgan Council’s
licensing conditions. The vehicle was first registered on
26th July, 2001 and was outside the Age Policy
Guidelines and could not be considered for the grant of a Private
Hire Vehicle by Licensing Officers. At the time of
application, the vehicle was four months beyond the Council’s Age
Policy Guidelines for prestige 2 vehicles for the grant of a
Private Hire Vehicle Licence. The Renault minibus vehicle was
fitted with tracks that enabled wheelchairs to be clamped securely
to the floor of the vehicle as a means of allowing wheelchairs and
their users to be lifted into the vehicle.
RESOLVED - T H A T the application by CJ
Contract Services Ltd for a Private Hire Vehicle Licence in respect
of Renault minibus Y578 SND be granted, the Vale of Glamorgan
Council’s Age Policy Guidelines be waived, the vehicle be exempted
from the requirements of conditions 12(d) and (e) and it be a
further condition of licence that this is non-transferable.
625 APPLICATION FOR
THE GRANT OF A PRIVATE HIRE VEHICLE LICENCE: LDV CONVOY P427 RCA
(DLPPHS) -
An application had been received from CJ
Contract Services Ltd for the grant of a Private Hire Vehicle
Licence in respect of LDV Convoy P427 RCA contrary to the Vale of
Glamorgan Council’s Age Policy Guidelines. Within the same
application was a request for the vehicle to be exempt from
conditions 12(d) and (e) of the Vale of Glamorgan Council’s
licensing conditions. The vehicle was first registered on
26th March, 2997 and was outside the Age Policy
Guidelines by four years and eight months for prestige 2
vehicles. The LDV Convoy vehicle was fitted with tracks that
enabled wheelchairs to be clamped securely to the floor of the
vehicle as a means of allowing wheelchairs and their users to be
lifted into the vehicle.
RESOLVED - T H A T the application by CJ
Contract Services Ltd for a Private Hire Vehicle Licence in respect
of LDV Convoy P427 RCA be granted, subject to a successful
mechanical test, the Vale of Glamorgan Council’s Age Policy
Guidelines be waived, the vehicle be exempted from the requirements
of conditions 12(d) and (e) and it be a further condition of
licence that this is non-transferable.
626 APPLICATION FOR
THE GRANT OF A PRIVATE HIRE VEHICLE LICENCE: RENAULT MASTER P321
LBK (DLPPHS) -
An application had been received from CJ
Contract Services Ltd for the grant of a Private Hire Vehicle
Licence in respect of Renault Master P321 LBK contrary to the Vale
of Glamorgan Council’s Age Policy Guidelines. Within the same
application was a request for the vehicle to be exempt from
conditions 12(d) and (e) of the Vale of Glamorgan Council’s
licensing conditions. The vehicle was first registered on
7th October, 1996 and was outside the Council’s Age
Policy Guidelines by five years and one month for prestige 2
vehicles. If granted a licence, this vehicle would be subject
to four monthly testing. The Renault Master vehicle was
fitted with tracks that enabled wheelchairs to be clamped securely
to the floor of the vehicle as a means of allowing wheelchairs and
their users to be lifted into the vehicle.
RESOLVED - T H A T the application by CJ
Contract Services Ltd for a Private Hire Vehicle Licence be
granted, subject to a successful mechanical test, the Vale of
Glamorgan Council’s Age Policy Guidelines be waived and the vehicle
be exempted from the requirements of conditions 12(d) and (e) and
it be a condition of the licence that this is non-transferable.
627 APPLICATION FOR
THE GRANT OF A PRIVATE HIRE VEHICLE LICENCE: RENAULT MASTER S692
UOP (DLPPHS) -
An application had been received from CJ
Contract Services Ltd for the grant of a Private Hire Vehicle
Licence in respect of Renault Master S692 UOP contrary to the Vale
of Glamorgan Council’s Age Policy Guidelines. Within the same
application was a request for the vehicle to be exempt from
conditions 12(d) and (e) of the Vale of Glamorgan Council’s
licensing conditions. At the time of application, the vehicle
was three years and three months beyond the Council’s Age Policy
Guidelines for prestige 2 vehicles. The Renault Master
vehicle was fitted with tracks that enabled wheelchairs to be
clamped securely to the floor of the vehicle as a means of allowing
wheelchairs and their users to be lifted into the vehicle.
RESOLVED - T H A T the application by CJ
Contract Services Ltd for the grant of a Private Hire Vehicle
Licence in respect of Renault Master S692 UOP be granted, subject
to a successful mechanical test, the Vale of Glamorgan Council’s
Age Policy Guidelines be waived and the vehicle be exempted from
the requirements of conditions 12(d) and (e) and it be a condition
of licence that this is non-transferable.
628 APPLICATION FOR
THE GRANT OF A PRIVATE HIRE VEHICLE LICENCE: RENAULT MASTER P224
NBK (DLPPHS) -
An application had been received from CJ
Contract Services Ltd for the grant of a Private Hire Vehicle
Licence in respect of a Renault Master P224 NBK contrary to the
Vale of Glamorgan Council’s Age Policy Guidelines. Within the
same application was a request for the vehicle to be exempt from
conditions 12(d) and (e) of the Vale of Glamorgan Council’s
licensing conditions. At the time of application, the vehicle
was four years and six months beyond the Council’s Age Policy
Guidelines for prestige 2 vehicles. The Renault Master
vehicle was fitted with tracks that enabled wheelchairs to be
clamped securely to the floor of the vehicle as a means of allowing
wheelchairs and their users to be lifted into the vehicle.
RESOLVED - T H A T the application by CJ
Contract Services Ltd for the grant of a Private Hire Vehicle
Licence in respect of Renault Master P224 NBK be granted, the Vale
of Glamorgan Council’s Age Policy Guidelines be waived, the vehicle
be exempted from the requirements of conditions 12(d) and (e) and
it be a condition of licence that this is non-transferable.
629 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.
630 APPLICATION FOR
HACKNEY CARRIAGE AND PRIVATE HIRE DRIVER LICENCES - V.M. (DLPPHS)
(EXEMPT INFORMATION - PARAGRAPHS 12,13 AND 14) -
V.M. attended the meeting to be interviewed by
the Committee to determine whether he was deemed to be a fit and
proper person to hold Vale of Glamorgan Council Hackney Carriage
and Private Hire Vehicle Driver Licences. V.M. confirmed that
he had received the relevant papers and the Legal Officer then
outlined the procedure to be followed.
On 20th June, 2007 V.M. had passed
the basic English Test and on 4th September, 2007,
V.M. made application for a Hackney Carriage and Private Hire
Vehicle Driver Licences. V.M. had subsequently failed three
attempts at the Knowledge Test and had written to request that he
be allowed to sit a fourth Knowledge Test as part of his current
application.
After careful consideration of Section 51(1)
of the Local Government (Miscellaneous Provisions) Act 1976, the
facts contained in the report and hearing from the applicant, it
was
RESOLVED - T H A T V.M. was not considered to
be a fit and proper person to hold a Vale of Glamorgan Council
Hackney Carriage and Private Hire Driver Licences and his
application be refused due to his failure to pass the Council’s
Knowledge Test on three occasions and he was reminded that he was
able to reapply.
631 APPLICATION FOR
HACKNEY CARRIAGE AND PRIVATE HIRE DRIVER LICENCES - J.A. (DLPPHS)
(EXEMPT INFORMATION - PARAGRAPHS 12,13 AND 14) -
J.A. attended the meeting to be interviewed by
the Committee to determine whether he was deemed to be a fit and
proper person to hold Vale of Glamorgan Council Hackney Carriage
and Private Hire Driver Licences. J.A. confirmed that he had
received the relevant papers and the Legal Officer then outlined
the procedure to be followed.
J.A. had applied to be licensed as a Hackney
Carriage and Private Hire Vehicle Driver on 17th July,
2007 and had passed his Basic English Test on 23rd May,
2007. J.A. had subsequently failed three attempts at the
Knowledge Test and Licensing Officers had referred the matter to
the Committee for consideration.
After careful consideration of Section 51(1)
of the Local Government (Miscellaneous Provisions) Act 1976, the
facts contained in the report and hearing from the applicant, it
was
RESOLVED - T H A T J.A. was not considered to
be a fit and proper person to hold the Vale of Glamorgan Council’s
Hackney Carriage and Private Hire Driver Licences and his
application be refused due to his failure to pass the Council’s
Knowledge Test on three occasions and he was reminded that he was
able to reapply.
632 APPLICATION FOR
HACKNEY CARRIAGE AND PRIVATE HIRE DRIVER LICENCES - F.A. (DLPPHS)
(EXEMPT INFORMATION - PARAGRAPHS 12,13 AND 14) -
F.A. attended the meeting to be interviewed by
the Committee to determine whether he was deemed a fit and proper
person to hold Hackney Carriage and Private Hire Vehicle Driver
Licences. F.A. confirmed that he had received the relevant
papers and the Legal Officer then outlined the procedure to be
followed.
On 17th January, 2007, F.A. passed
the Basic English Test. On 16th April, 2007, he
applied for his Hackney Carriage and Private Hire Vehicle Driver
Licences. F.A. had subsequently failed three attempts at the
Knowledge Test and had written to request that he be allowed to
re-sit a fourth Knowledge Test as part of the current
application.
F.A. had completed two CRB disclosure
requests, the second on the advice of the CRB, after the return of
F.A.’s first disclosure as “moved away”. The most recent
disclosure included his current address. On receipt of F.A.’s
CRB disclosures, it was noted that not all matters disclosed were
declared on the application form. Another letter sent to F.A.
was returned by the Post Office marked “addressee has gone
away”. Unfortunately, this was not received until after F.A.
had attended the Civic Offices to sit his third Knowledge
Test. A Licensing Officer called at the stated address and
found that the premises appeared to be unoccupied and enquiries
made in the area failed to establish whether anybody lived at the
premises. Messages were also left on a mobile phone number
that was supplied by F.A. but no response was received. A
letter was subsequently sent on 16th August, 2007 to
F.A. to advise that his application could not proceed until he
contacted the Licensing Section. This had been sent to the
only known address and was subsequently returned by the Post Office
marked “addressee gone away”. F.A. contacted the Licensing
Section on 17th September, 2007 to advise of his current
address.
After careful consideration of the Home Office
Guidelines, Section 51(1) of the Local Government (Miscellaneous
Provisions) Act 1976, the facts contained within the report and
hearing from the applicant, it was
RESOLVED - T H A T F.A. was not considered to
be a fit and proper person to hold the Vale of Glamorgan Council’s
Hackney Carriage and Private Hire Driver Licences and his
application be refused due to his failure to pass the Council’s
Knowledge Test on three occasions and he was reminded that he was
able to reapply and it was essential that he list all offences and
cautions on any new application.
633 APPLICATION FOR
HACKNEY CARRIAGE AND PRIVATE HIRE DRIVER LICENCES - V.B.P. (DLPPHS)
(EXEMPT INFORMATION PARAGRAPHS 12,13 AND 14) -
V.B.P. attended the meeting to be interviewed
by the Committee to determine whether he was deemed to be a fit and
proper person to hold Vale of Glamorgan Council Hackney Carriage
and Private Hire Vehicle Driver Licences. On 1st
August, 2007, V.B.P. had made his application for Hackney Carriage
and Private Hire Vehicle Driver Licences and had passed his Basic
English Test. V.B.P. had subsequently failed three attempts
at the Knowledge Test and had written to request that he be allowed
to sit a fourth Knowledge Test as part of the current
application. New applicants were required to produce a
medical certificate completed by their own general practitioner but
when this was received, one entry was difficult to read and the GP
had been requested to provide further clarification of any medical
condition affecting V.B.P. The reason for seeking
clarification from the GP was because as a taxi driver, V.B.P.
would be expected to offer reasonable assistance to passengers with
their luggage. It was also noted that V.B.P’s current DVLA
driving licence was due to expire on 8th November, 2008
which was in line with the DVLA’s practice of renewing licences of
persons over 70 years of age every three years.
After careful consideration of Section 51(1)
of the Local Government (Miscellaneous Provisions) Act 1976, the
facts contained in the report and hearing from the applicant, it
was
RESOLVED - T H A T V.B.P. was considered a fit
and proper person and a Hackney Carriage Private Hire Driver’s
Licence be granted subject to the successful completion of a
further Knowledge test as part of the current application.
634 APPLICATION FOR
HACKNEY CARRIAGE AND PRIVATE HIRE DRIVER LICENCES - M.J.B. (DLPPHS)
(EXEMPT INFORMATION - PARAGRAPHS 12,13 AND 14) -
M.J.B. attended the meeting to be interviewed
by the Committee to determine whether he was deemed to be a fit and
proper person to hold Vale of Glamorgan Council Hackney Carriage
and Private Hire Driver Licences. M.J.B. confirmed that he
had received the relevant papers and the Legal Officer then
outlined the procedure to be followed. M.J.B. had applied to
be licensed as a Hackney Carriage and Private Hire Vehicle Driver
on 3rd October, 2007 and has successfully passed
his Basic English Test and Knowledge Test. On his application
form, M.J.B. declared that he had two previous convictions. A
subsequent disclosure from the Criminal Records Bureau revealed a
number of matters recorded against M.J.B. that were not declared on
his application form.
After careful consideration of the Home Office
Guidelines, Section 51(1) of the Local Government (Miscellaneous
Provisions) Act 1976, the facts contained within the report and
hearing from the applicant, it was
RESOLVED - T H A T M.J.B. was considered to be
a fit and proper person and he be granted a Hackney Carriage
Private Hire Driver’s Licence but that a warning letter be issued
in relation to his future conduct.
635 DISCIPLINARY
MATTER - F.R.P.H. (DLPPHS) (EXEMPT INFORMATION - PARAGRAPHS 12,13
AND 14) -
F.R.P.H. attended the meeting for the
Committee to determine whether he remained a fit and proper person
to hold Vale of Glamorgan Council Hackney Carriage and Private Hire
Vehicle Driver Licences. F.R.P.H. confirmed that he had
received the relevant papers and the Legal Officer then outlined
the procedure be followed. The applicant had been the holder
of a Hackney Carriage Private Hire Vehicle Driver Licences since
22nd August, 2005. On
7th November, 2007, F.R.P.H. had written to the
Licensing Section to advise that he had appeared in Cardiff
Magistrates’ Court on 31st October, 2007, where he was
convicted of an offence and ordered to complete 108 hours of
community service and to pay £150 cost. Licensed drivers had
to be considered to be fit and proper to hold Hackney
Carriage / Private Hire Vehicle Driver Licences and should be
referred to Members of the Licensing Committee should concerns be
raised in relation to their continued fitness.
After careful consideration of the Home Office
Guidelines, Section 51(1) of the Local Government (Miscellaneous
Provisions) Act 1976, the facts contained in the report and hearing
from the applicant, it was
RESOLVED - T H A T F.R.P.H. remained a fit and
proper person to hold the Vale of Glamorgan Council Private Hire
and Hackney Carriage Driver Licences but a warning letter be issued
in relation to his future conduct.
636 APPLICATION FOR A
VALE OF GLAMORGAN COUNCIL PRIVATE HIRE OPERATORS LICENCE - C.F.M.
(DLPPHS) (EXEMPT INFORMATION - PARAGRAPHS 12,13 AND 14) -
C.F.M. attended the meeting in order for the
Committee to interview him to determine whether he was a fit and
proper person to hold a Vale of Glamorgan Council Private Hire
Operators Licence to operate Town Cars Penarth. The applicant
confirmed that he had received the relevant papers and the Legal
Officer then outlined the procedure to be followed. C.F.M.
made an application to hold a Private Hire Operators Licence on
5th September, 2007 and the criteria for Private
Hire Operators Licence included the submission of a basic Criminal
Records Bureau disclosure. An administrative error resulted
in C.F.M. undertaking an enhanced Criminal Records Bureau
check. As the majority of Private Hire Operators in the Vale
of Glamorgan area hold both Driver and Operators Licence, it was
normal procedure to apply for an enhanced Criminal Records Bureau
disclosure. Prior to C.F.M. making an application on
5th September 2007, he visited the Licensing Section to
make enquiries in relation to becoming a Licensed Operator.
On that occasion he spoke to two Licensing Officers and stated that
he had no intention of running the company known as Town Cars, on a
day to day basis but that he was going to hold the licence so that
S.O. could continue to run the business. S.O. held the
Private Operators Licence for Town Cars until 19th
October, 2007 when Cardiff Crown Court upheld the Vale of Glamorgan
Council’s Licensing Committee decision made on 10th
April, 2007 to revoke the Operators Licence in respect of Town Cars
as it deemed S.O. no longer a fit and proper person to hold such a
licence.
On 28th September, 2007, C.F.M. was
written to under Section 73 of the Local Government (Miscellaneous
Provisions) Act 1976 and asked to provide relevant information to
determine his intentions on how he would be running the company
known as Town Cars. On 2nd October, 2007, a letter
was sent to the licensing Section from the National Private Hire
Association to alert the Licensing Section to the fact that an
enhanced Criminal Records Bureau had been requested in error.
The letter went on to question the legality of the information
C.F.M. had been asked to provide in relation to his
application. On 15th October, 2007, a response was
issued by the Vale of Glamorgan Council when a number of points
raised by the National Private Hire Association were not
agreed. Furthermore, C.F.M. was not a member of the NPHA as
he was not currently the holder of any licence issued under either
GPCA 1847 or LGMPA 1976. It was made clear that the NPHA was
acting on behalf of its members in the area and it was later
established that the NPHA was indeed acting for S.O.
The Criminal Records Bureau were contacted
immediately, it was realised an error had been made, in an attempt
to halt the enhanced check. CRB advised that the process was
in its last stages and the application had been sent to the local
Police and at this stage it was not possible to stop the
process. C.F.M. was again contacted and was given the
opportunity to decide whether to provide a basic disclosure and for
the enhanced disclosure to be destroyed upon receipt or to continue
with the enhanced disclosure process. C.F.M. stated that he
was happy for the enhanced disclosure to be opened and used in the
processing of his application. C.F.M. also advised that he
would not provide any of the information requested by the Licensing
Section in the letter dated 22nd September, 2007.
C.F.M. had never held any of the licenses
associated with the trade, being a Private Hire Hackney Carriage
Vehicle Licence, Private Hire / Hackney Carriage Driver’s Licence
or a Private Hire Operators Licence and therefore did not have any
relevant experience of Hackney Carriage / Private Hire trade.
Although the Private Hire Operator does not drive members of the
public (unless he also holds a Private Hire Driver’s Licence), he
would be in possession of information about the public’s
whereabouts and movements and would also be dealing with the public
either face to face or over the telephone. C.F.M’s Criminal
Records Bureau disclosure revealed no relevant matters.
After careful consideration of the facts of
the report and after consideration of Section 51 of the Local
Government (Miscellaneous Provisions) Act 1976, and the information
provided by the applicant, the Committee
RESOLVED - T H A T C.F.M. was not considered
to be a fit a proper person to be granted a Private Hire Vehicle
Operator’s Licence as it was not considered that he had sufficient
knowledge of how to run a Private Hire business, he had not
answered questions reasonably asked of him in the application
process and C.F.M.’s proposed reliance on S.O., to assist with the
day to day running of the business, did not satisfy the Members
that the business would be run effectively and in accordance with
legislation.