LICENSING COMMITTEE
MINUTES of a meeting held on 1st
July 2008.
Present: Councillor J.W. Thomas
(Chairman); Councillor C.L. Osborne (Vice-Chairman); Councillors
Mrs. S.M. Bagstaff, J. Clifford, G.A. Cox,
Mrs. V.L. Ellis, C.P.J. Elmore, E. Hacker, A.D.
Hampton, Mrs. V.M. Hartrey, K. Hatton, N. Moore and Mrs.
A.J. Preston.
90
APOLOGIES FOR ABSENCE -
These were received from Councillor Ms. M.E.
Alexander and Mrs. M. Wilkinson.
91
MINUTES OF LICENSING SUB-COMMITTEES -
RESOLVED - T H A T the minutes of the meetings
of the Licensing Sub-Committee held on 27th May 2008 and
2nd June 2008 be noted.
92
MINUTES -
RESOLVED - T H A T the minutes of the meeting
of the Licensing Committee held on 29th April 2008 be
approved subject to an amendment to the wording as follows:
Minute 1064: Proposed New Conditions for
Hackney Carriage Vehicles -
Condition 42 - The wording to read “a
frequency scanner or CB radio shall not be fitted into or carried
within any vehicle”.
93
DECLARATIONS OF INTEREST -
No declarations of interest were received.
94
APPLICATION TO VARY THE HACKNEY CARRIAGE FARES TARIFF (DLPPHS)
-
The Vale of Glamorgan Council regulated the
maximum fares that could be charged to passengers in Hackney
Carriages within the Vale of Glamorgan area. This was in
accordance with Section 65(1) of the Local Government
(Miscellaneous Provisions) Act 1976. The last increase in the
Hackney Carriage Fares Tariff came into effect on 8th
August 2006. At that time, the Hackney Carriage Fares Tariff
had not changed since 20th June 2001.
Two letters had been received to request an
increase in the Hackney Carriage Fares Tariff. These were
received by the Licensing Section from Mr. Steve Thomas,
Chairman of the A2B Taxi Forum, and Mr. Peter Williams of the Taxi
Consultative Panel.
Where a district council made or varied a
table of fares they should publish in at least one newspaper
circulated in the district a notice setting out the table of fares
or the variation thereof and specifying the period, which should
not be less than 14 days from the date of the first publication of
the notice, within which and the manner in which objections to the
table of fares or variations could be made. If no objection
to a table or variation was duly made within the period specified
in the notice, or if all objections made were withdrawn, the table
of fares or variation would come into operation on the date of the
expiration of the period specified in the notice or the date of
withdrawal of the objection or, if more than one, of the last
objection whichever was the latest.
RESOLVED -
(1) T H A
T a variation to the Table of Fares as outlined below be
approved:
|
Tariff 1
First ½ of a mile or part thereof
For each subsequent one-tenth of a mile or
part thereof
Waiting Time - Applies to all tariffs at £15
per hour based on units of a second
Extra Charges (for all tariffs)
|
£2.60
£0.18
Nil
|
|
Tariff 2
11.00pm - 6.00am - Evenings, Sundays and Bank
Holidays
First ½ of a mile or part thereof
For each subsequent one-tenth of a mile or
part thereof
|
£2.80
£0.21
|
|
Tariff 3
6.00pm 24th December to 6.00am
27th December
6.00pm 31st December to 6.00am
2nd January
|
DOUBLE
TARIFF 1
|
|
Tariff 4 (For MPVs and Minibuses
carrying 5 to 8 Passengers)
First ½ of a mile or part thereof
For each subsequent one-tenth of a mile or
part thereof
|
£3.10
£0.23
|
|
Tariff 5 (For MPVs and Minibuses
carrying 5 to 8 Passengers)
11.00pm - 6.00am - Evenings, Sundays and Bank
Holidays
First ½ of a mile or part thereof
For each subsequent one-tenth of a mile or
part thereof
|
£3.50
£0.26
|
|
Tariff 5 (For MPVs and Minibuses
carrying 5 to 8 Passengers)
6.00pm 24th December to 6.00am
27th December
6.00pm 31st December to 6.00am
2nd January
Maximum Charge for cleansing the interior of
the vehicle
|
DOUBLE
TARIFF 4
£60.00
|
(2) T H A
T officers be instructed to publish a notice in accordance with
Section 65 of the Local Government (Miscellaneous Provisions) Act
1976, a variation to the Table of Fares as outlined above.
95
APPLICATION TO INSTALL CLOSED CIRCUIT TELEVISION IN HACKNEY
CARRIAGE AND PRIVATE HIRE VEHICLES (DLPPHS) -
Mr. Iqbal Miah had written to request the
Committee’s approval to fit a CCTV system to Hackney Carriage and
Private Hire Vehicles operated by 1st Line Cars
Ltd. The proprietor of every vehicle had to make an
application in relation to alterations and signage on their own
vehicles and identical letters had been received from all 18
proprietors affected by the request.
At the meeting of 29th April 2008,
the Committee approved a number of amendments to the conditions
which related to Hackney Carriage and Private Hire Vehicles
licensed by the Authority. These conditions would not take
effect until 5th January 2009. Condition 43 of the
amended conditions for Hackney Carriages covered the necessary
issues concerning CCTV. It was noted that any amendment to
conditions could only be attached on renewal of licence.
RESOLVED - T H A T permission for CCTV to be
installed in the following vehicles be granted and conditions of
licence regarding the fitting of CCTV be attached on the renewal of
licence for the applicants listed below:
|
|
Applicant
|
Licence
Number
|
Vehicle
Registration
|
|
1
|
M Sumon
|
HC062
|
CK07FNS
|
|
2
|
S A Shipu
|
HC075
|
LR03CHV
|
|
3
|
S Miah
|
HC018
|
OU54EFW
|
|
4
|
K Hassan
|
HC025
|
NA53VZN
|
|
5
|
S Ahmed
|
HC054
|
EX08AYE
|
|
6
|
S Miah
|
HC046
|
T571RWK
|
|
7
|
K Ihbashen
|
HC083
|
DK07BGU
|
|
8
|
J Ullah
|
HC031
|
WG55CYA
|
|
9
|
S Ali
|
HC041
|
SM03LPF
|
|
10
|
J Miah
|
HC037
|
BU04FML
|
|
11
|
N Ahmed
|
HC048
|
ND52FWL
|
|
12
|
M R Ali
|
HC020
|
EU53FPA
|
|
13
|
R Jebhai
|
HC044
|
Y916GWO
|
|
14
|
S Ahmed
|
HC074
|
SD56NYP
|
|
15
|
Y Hassan
|
HC121
|
WU04UYY
|
|
16
|
S Ahmed
|
HC112
|
DA06OKF
|
|
17
|
K Ahmed
|
HC101
|
EK08ONV
|
|
18
|
Soraffat Ali
|
Hc024
|
SH56KWS
|
96
APPLICATION FOR A STREET TRADING CONSENT - THE ESPLANADE, PENARTH,
J. WYLLIS (DLPPHS) -
An application for a Street Trading Consent
had been received from Mrs. Jill Wyllis to trade on The
Esplanade, Penarth in connection with the Penarth Holiday
Festival. The application was for the applicant to sell
donuts, tea, coffee and soft drinks on 12th July 2008,
between the hours of 1.00pm and 11.00pm. Consultations had
taken place and no objections had been received from Environmental
Health and South Wales Fire Service. Responses were awaited
from South Wales Police and Highways Department. The
application fee of £10 had been paid and the balance of any fee was
to be determined by the Licensing Committee and should include the
administrative and enforcement costs of street trading
provisions.
RESOLVED - T H A T the application by Mrs.
Jill Wyllis to trade on The Esplanade, Penarth on 12th
July 2008 between the hours of 1.00pm and 11.00pm be granted and a
balance of fee in the sum of £150 be paid.
97
APPLICATION FOR A STREET TRADING CONSENT - THE ESPLANADE, PENARTH,
CAROLYN JANE MEAD (DLPPHS) -
An application for a Street Trading Consent
had been received from Carolyn Jane Mead to trade on The
Esplanade, Penarth, in connection with the Penarth Holiday
Festival. The application was for the applicant to sell
handmade cards and dolls on 12th July 2008 between the
hours of 1.00pm and 11.00pm. Consultations had taken place
and responses had not yet been received from South Wales Police or
the Highways Department and representations had been received from
the South Wales Fire Service but these would be addressed if the
application were approved. The application fee of £10 had
been received and the balance of any fee would be determined by the
Licensing Committee and should include the administrative and
enforcement costs of street trading provisions.
RESOLVED - T H A T the application by Carolyn
Jane Mead to trade on The Esplanade, Penarth, on 12th
July 2008 between the hours of 1.00pm and 11.00pm be granted and a
balance of fee in the sum of £40 be paid.
98
APPLICATION FOR A STREET TRADING CONSENT - THE ESPLANADE, PENARTH,
A.T. GAMBIN (DLPPHS) -
An application for a Street Trading Consent
had been received from Andrey’s Thomas Gambin to trade on The
Esplanade, Penarth, in connection with the Penarth Holiday
Festival. The application was for the applicant to sell hot
food and drink on 12th July 2008 between the hours of
11.00am and 10.00pm. Consultations had taken place and a
response had only been received from the South Wales Fire Service
and any concerns would be addressed prior to the application being
approved. The application fee of £10 had been paid and the
balance of any fee was to be determined by the Licensing Committee
and should include the administrative and enforcement costs of
street trading provisions.
RESOLVED - T H A T the application by Andrey’s
Thomas Gambin to trade on The Esplanade, Penarth, on
12th July 2008 between the hours of 11.00am and 10.00pm
be granted and a balance of fee in the sum of £150 be paid.
99
APPLICATION FOR STREET TRADING CONSENTS - THE ESPLANADE, PENARTH
(DLPPHS) -
Applications had been received from a number
of artists to display and sell their own artworks on The Esplanade,
Penarth, for a period 3rd July 2008 to 13th
July 2008, but excluding 12th July 2008. This
would form part of the Penarth Holiday Festival. Each
application for a Street Trading Consent had to be considered
separately and in each case it would be necessary to identify
whether an application fee was payable and whether there would be a
balance of fee payable and the amount.
In accordance with the table of fees approved
for Street Trading Consents on 18th September 2007,
applicants would have been required to pay an application fee of
£45 for each individual application.
The Council’s Director of Legal, Public
Protection and Housing Services had instructed Licensing
Officers to accept applications from each of the
artists without the fee previously agreed by Committee.
It was recommended by the Director that Committee determine whether
an application fee in relation to these applications be payable by
each individual applicant on this occasion only. Officers had
delegated authority to grant such consents where consultees raised
no objections but did not have delegated authority to set a fee for
the consent.
A letter had been received by the Licensing
Section from Shân Bowden, Town Clerk of Penarth Town Council, to
request that she be permitted to make representation on behalf of
the applicants. Shân indicated that the artists had asked for
both the application fee and the approval fee for the consent to be
waived. The exhibition had formed part of the Penarth
Festival for more than 30 years and it added interest to the
Festival and attracted residents and visitors during this
period. The artists who displayed their work were all
amateurs, many retired, others housewives who painted as a pastime
or hobby. Each artist was able to display a small number of
artworks for sale but this did not guarantee that any sales would
be made. The exhibition during the Penarth Festival Week was
a focal point and for some of the artists was the only opportunity
for them as a local amateur and part time artist to display their
work. The event was not seen as a money spinner but as a
community event that brightened up The Esplanade and added variety
to the Penarth Summer Festival.
No application fees had been taken and any fee
set should take into consideration the costs associated with the
administration and enforcement of such activities.
RESOLVED -
(1) T H A
T the applications by the individuals listed below for Street
Trading Consents to sell paintings, drawings and art work between
3rd July 2008 to 13th July 2008 but excluding
12th July 2008 be granted and a total fee of £50 be paid
for each application:
Michelle Chick
Helen Davies
Margaret Davies
Yvonne Falcon
Angela Francis
Mel Gape
Martin Harvey
Juliet Angela Higgins
Dorothy Joy James
Gwyneth Jones
Christine Jenkins
Sheila Jones
Judith Laugharne
Maureen P Lush
Anne Constance Mealing
Robert Petersen
Beryl Rowlands
Jacqueline Ryan
Brenda Shepherd
Angela Joyce Snowdon
Lois Stewart
Jean Sweet
Eileen Turner
Justin Philip Webb
Margaret Wilding
Anne Williams
Catherine E Williams
David Murray Edwards Williams
(2) T H A
T no future Street Trading Applications be accepted by the
Licensing Section without an appropriate fee.
(3) T H A
T Licensing Officers prepare a further report for Committee in
respect of various fee structures and process for different types
of Street Trading Applications for charitable / non-profit making
applicants.
100 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
minutes heading.
101 APPLICATION FOR
HACKNEY CARRIAGE AND PRIVATE HIRE DRIVER’S LICENCES NI (DLPPHS)
(EXEMPT INFORMATION PARAGRAPHS 12, 13 AND 14) -
NI 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’s Licences. NI confirmed that
he had received the relevant papers and the Legal Officer outlined
the procedure to be followed. NI had applied to be licensed
as a Hackney Carriage and Private Hire Vehicle driver on
24th September 2002. The Hackney Carriage and
Private Hire Vehicle Driver’s Licence was renewed three times until
expiry on 26th September 2006. A letter had been
sent to NI on 2nd October 2006 to confirm that a full
application would be required to obtain a new licence and to
request that NI return his badge to the Council and this was
received on 4th October 2006.
A letter had been sent to NI on
23rd October 2006 to explain that it had come to the
attention of the Council that he had driven a licensed Private Hire
Vehicle between the dates of 27th September 2006 and
3rd October 2006 when he was not in possession of
Hackney Carriage and Private Hire Vehicle Driver’s Licences.
NI was invited to attend a formal interview on 4th
December 2006 to establish the facts of the case. NI did not
attend the interview on 4th December and a further
interview was arranged for 20th December 2006 which the
applicant also did not attend. A further opportunity was
given to the applicant to address the intended interview questions
in writing within 7 days of receipt of the letter and no response
was received. There were no further communications with NI in
relation to the above matter and the Licensing Section were unable
to proceed with the matter. At the time of the alleged
offence NI had been driving a taxi for A2B Ltd.
After careful consideration of the facts of
the report and hearing from NI, it was
RESOLVED - T H A T NI be considered a fit and
proper person and he be granted Hackney Carriage and Private Hire
Vehicle Driver’s Licences and he be issued with a written warning
as to his future conduct.
102 INFORMATION REPORT
JH (DLPPHS) (EXEMPT INFORMATION PARAGRAPHS 12, 13 AND 14) -
On 6th May 2008 JH attended the
Licensing Section to renew her Hackney Carriage and Private Hire
Vehicles Driver’s Licences which were due to expire on
11th May 2008. The applicant attended the
Licensing Section in a motorised type, sit on disabled
scooter. JH advised that she was waiting for a hospital
appointment and an operation on the tendons in her legs. JH
was made aware that it was a condition of her Hackney Carriage and
Private Hire Driver’s Licences that she was able to offer
reasonable assistance to passengers. JH stated at that time
she was not able to drive a vehicle and therefore did not need a
Hackney Carriage and Private Hire Driver’s Licence for the time
being. Officers using delegated powers immediately advised JH
in writing that her Hackney Carriage and Private Hire Driver’s
Licence had been suspended with immediate effect, pending receipt
of a satisfactory medical report.
RESOLVED - T H A T the position be noted.
103 INFORMATION REPORT
HR (DLPPHS) (EXEMPT INFORMATION PARAGRAPHS 12, 13 AND 14) -
On 2nd June 2008 officers received
information from South Wales Police that HR had been arrested and
interviewed and had been bailed until the matter had been
considered by the Crown Prosecution Service. The nature of
the complaint was such that officers took legal advice and acted
immediately on that advice. On 3rd June 2008,
officers using delegated powers, advised HR in writing that pending
the outcome of the allegation made against him, his Hackney
Carriage and Private Hire Driver’s Licences had been suspended
effective immediately.
RESOLVED - T H A T the position be noted.
104 INFORMATION REPORT
MAS (DLPPHS) (EXEMPT INFORMATION PARAGRAPHS 12, 13 AND 14) -
On 12th February 2008 officers
received information from South Wales Police that MAS had been
arrested and charged with a serious offence. The nature of
the complaint was such that officers took legal advice and acted
immediately on that advice. On 12th February 2008,
officers using delegated powers, advised MAS in writing that
pending the outcome of the charge, his Hackney Carriage and Private
Hire Driver’s Licences had been suspended with immediate
effect. On 17th June 2008 MAS appeared at Cardiff
Crown Court where he was found not guilty of the charges brought
against him. The suspension of MAS’ Hackney Carriage and
Private Hire Driver’s Licences was lifted on 17th June
2008.
RESOLVED - T H A T the position be
noted.