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LICENSING COMMITTEE

MINUTES of a meeting held on 15^th January, 2008.

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 and Mrs. M. Kelly Owen.

686 APOLOGIES FOR ABSENCE -

These were received from Councillors E. Hacker, A.G. Powell, Mrs. M. Randall and Mrs. M.R. Wilkinson.

687 MINUTES -

RESOLVED - T H A T the minutes of the Licensing Committee held on 11^th December, 2007 be accepted.

688 DECLARATIONS OF INTEREST -

No declarations were received.

689 PET ANIMALS ACT 1951 - MR. IAN CROSBY (DLPPHS) -

Members were advised of the outcome of a prosecution brought against Mr. Ian Crosby of 15 Four Acre, Llantwit Major, in relation to his Pet Shop Licence granted in accordance with the Pet Animals Act 1951.

During an inspection of Mr. Crosby’s licensed premises on 30^th November, 2006, Mr. Crosby informed officers he was now keeping, for the purpose of sale, Caiman Crocodile.

Caiman crocodiles were listed on the schedule of animals under the Dangerous Wild Animals Act 1976 and therefore the Vale of Glamorgan Council’s standard Pet Shop Licence Condition 14(a) applied.

At the time of the inspection, Mr. Crosby had three Caiman Crocodiles at the premises. Mr. Crosby had not made any contact with the Vale of Glamorgan Council’s Licensing Section in relation to the keeping of the crocodiles and therefore an inspection by authorised Veterinary Surgeon had not been carried out.

On 12^th December, 2006, Mr. Crosby had attended the Civic Offices and had been interviewed in relation to the breach of Condition 14, under the Police and Criminal Evidence Act 1984.

During that interview it had been established that Mr. Crosby had breached conditions in relation to his Pet Shop Licence.

Following the authorised Veterinary Surgeon’s visit on 12^th December, 2006, Mr. Crosby had been granted a Pet Shop Licence with specific conditions attached relating directly to the keeping and sale of the Caiman Crocodiles, for the period of 2007.

On 13^th February, 2007, an inspection of Mr. Crosby’s premises had taken place in relation to the specific conditions attached to Mr. Crosby’s Pet Shop Licence for 2007. At the time of that inspection it had been established that the Caiman Crocodile had been sold by Mr. Crosby in January 2007.

The disposal of the Crocodile without informing the Authority was again a breach of condition.

Following a full investigation Mr. Crosby appeared in Barry Magistrate’s Court on 7^th November, 2007, and on 5^th December, 2007, Mr. Crosby was convicted on two counts of breaching the conditions of his Pet Shop Licence.

Mr. Crosby had been fined £100 by Magistrate’s Court and £750 costs were awarded to the Vale of Glamorgan Council in respect of the case.

RESOLVED - T H A T the contents of the report be noted.

690 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 12(A) (as amended) of the Act, the relevant paragraphs of the Schedule being referred to in brackets after the minute heading.

691 APPLICATION FOR A HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE DRIVER’S LICENCE - LPG (DLPPHS) (EXEMPT INFORMATION - PARAGRAPHS 12, 13 AND 14) -

Mr. LPG attended the meeting to be interviewed by the Committee to determine whether he was deemed a fit and proper person to hold a Hackney Carriage and Private Hire Vehicle Driver’s Licence. Mr. LPG confirmed that he had received the relevant papers and the Legal Officer then outlined the procedure to be followed.

Mr. LPG had applied to be licensed as a Hackney Carriage and Private Hire Vehicle driver on 19^th September, 2007. At the time of application it had been noted that Mr. LPG’s DVLA driving licence had been issued in a previous address.

Mr. LPG was advised that he would be required to produce his DVLA driving licence in his current address, prior to any licence being issued by the Authority.

Mr. LPG had successfully passed his Basic English Test on 4^th July, 2007 and Knowledge Test on 10^th October, 2007.

Mr. LPG had declared on his application form that he had a number of previous convictions.

The Licensing Section received Mr. LPG’s Criminal Records Bureau Disclosure on 23^rd November, 2007.

This disclosure had revealed matters recorded against Mr. LPG that did not correspond with those matters disclosed by Mr. LPG on his application form.

Mr. LPG produced a valid driving licence.

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 Mr. LPG be considered a fit and proper person and that he be granted a Hackney Carriage and Private Hire Vehicle Driver’s Licence and that he be issued with a written warning as to his future conduct.

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

Mr. BDRH attended the meeting to be interviewed by the Committee to determine whether he was deemed a fit and proper person to hold a Hackney Carriage and Private Hire Vehicle Driver’s Licence. Mr BDRH confirmed that he had received the relevant papers and the Legal Officer then outlined the procedure to be followed.

Mr. BDRH had applied to be licensed as a Hackney Carriage and Private Hire Vehicle Driver on 10^th September, 2007. Mr. BDRH had successfully completed his Basic English and Knowledge Tests.

On his application form, Mr. BDRH had declared that he had a previous conviction. A subsequent disclosure from the Criminal Records Bureau revealed matters recorded against Mr. BDRH that had not been declared on his application form.

RESOLVED - T H A T Mr. BDRH be considered a fit and proper person and that he be granted a Hackney Carriage and Private Hire Vehicle Driver’s Licence and that he be issued with a written warning as to his future conduct.

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

Mr. RR attended the meeting to be interviewed by the Committee 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 Vehicle Driver’s Licence. Mr. RR confirmed that he had received the relevant papers and the Legal Officer then outlined the procedure to be followed.

Mr. RR had passed his Basic English Test on 12^th September, 2007, he had made his application for a Hackney Carriage and Private Hire Vehicle Driver’s Licence on 3^rd October, 2007. Mr. RR had subsequently failed at three attempts at the Knowledge Test and Licensing Officers had referred the matter to the Committee for consideration.

After 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 -

(1) T H A T the application by Mr. RR to be permitted to sit the Knowledge Test one further time be agreed.

(2) T H A T if Mr. RR is successful, he be required to complete a Declaration that since his Criminal Record Bureau disclosure application he had not been convicted of any offence, had not been issued with a fixed penalty notice, had not been cautioned for any offence and had no such matters pending against him.

694 DISCIPLINARY MATTER - PAJL (DLPPHS) (EXEMPT INFORMATION - PARAGRAPHS 12, 13 AND 14) -

Mr. PAJL was not present.

The Committee agreed to determine whether Mr. PAJL remained a fit and proper person to hold a Vale of Glamorgan Council’s Hackney Carriage and Private Hire Vehicle Driver’s Licence in Mr. PAJL’s absence.

Members were advised that a new and updated CRB disclosure in respect of Mr. PAJL showed that there was additional information that had not been disclosed at an earlier meeting of the Licensing Committee on 17^th January, 2006.

Further information had been sought from South Wales Police under Section 29(3) of the Data Protection Act 1998 in relation to the detail on the CRB.

Committee received the detail of Mr. PAJL’s Criminal Record Bureau Disclosure together with the detail held on the Police National Computer issued under Section 29(3) of the Data Protection Act 1998 in respect of those convictions.

Furthermore, Committee were advised that since the application for CRB had been made and received, it had come to light that Mr. PAJL had been convicted of a further offence, and Members were provided with the relevant information.

Having considered the facts contained in the report presented by the Licensing Officer, the contents of the CRB disclosure and details from the Police National Computer together with the Memorandum of Convictions, Members considered the comparison of the CRB disclosure made in 2005 with the current disclosure received on 30^th November, 2007, it was

RESOLVED - unanimously,

(1) T H A T Mr. PAJL’s Hackney Carriage and Private Hire Vehicle Driver’s Licences be revoked under the provisions of Section 61 of the Local Government (Miscellaneous Provisions) Act 1976.

(2) T H A T the Licences be revoked with immediate effect under the provisions of Section 61(2)(B) of the Local Government (Miscellaneous Provisions) Act 1976.

Reasons for decisions

(1&2) In the interests of public safety.