MINUTES of an extraordinary meeting held on
10th April, 2007.
Present: Councillor Mrs. V.M. Hartrey
(Chairman); Councillor Mrs. A.J. Preston (Vice-Chairman);
Councillors Mrs. C.V.L. Clay, G.A. Cox, E. Hacker, A.D.
Hampton, J.W. Thomas and Mrs. M.R. Wilkinson.
APOLOGIES FOR ABSENCE -
These were received from Councillors Mrs. J.E.
Charles, J. Clifford, Miss J. Cole, A.G. Powell and Mrs.
DECLARATIONS OF INTEREST -
No declarations of interest were received.
APPLICATION FOR STREET TRADING CONSENT - OLIVIER SIMONIN AND MIRIAM
FILOCHE (DLPPH) -
Street Trading consent applications had been
received from Olivier Simonin and Miriam Filoche in respect of two
stalls for a Continental style market for the period
26th to 28th April, 2007 at the pedestrian
area Holton Road, Barry. The pedestrian area of Holton Road
was designated a Consent Street, which permitted the Council to
consider applications for street trading in this area. At the
meeting of Cabinet on 29th March, 2006, an application
fee of £40 was set and it was agreed that the balance of this fee
would be determined by Committee should a consent be granted.
Any balance of fee set should include the administration and
enforcement of street trading provisions to ensure that all costs
associated with these activities were met. No objections had
been received in respect of either of these applications.
RESOLVED - T H A T a balance of fee in the sum
of £50 in respect of £25 for each application be paid.
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.
DISCIPLINARY MATTER - M.A.A. (DLPPH) (EXEMPT INFORMATION -
PARAGRAPHS 19 & 26) -
This matter had first been considered by the
Committee on 13th March, 2007 when it was deferred in
order for M.A.A. to receive appropriate notice of the
hearing. M.A.A. had been the holder of a Private Hire and
Hackney Carriage Driver’s Licence since 1995. On
10th July, 2006 M.A.A. informed the Licensing Section
that he would be appearing in Barry Magistrates’ Court on
12th July, 2006. On 20th October, 2006
M.A.A. declared in his application form for renewal of his Private
Hire and Hackney Carriage Driver’s Licence that he had proceedings
pending against him in the Magistrates’ Court and that he would be
appearing on 23rd October, 2006.
M.A.A. did not inform the Licensing Section of
the final outcome of this hearing in accordance with Condition 1 of
his Private Hire and Hackney Carriage Driver’s Licence. On
19th January, 2007 the Licensing Section wrote to Barry
Magistrates’ Court to request a Memorandum of Conviction in respect
of M.A.A. in order to confirm the details of the conviction.
The Committee were asked to consider in light of the conviction,
whether M.A.A. continued to be a fit and proper person to hold a
Private Hire / Hackney Carriage Driver’s Licence. M.A.A. did
not attend the Committee hearing.
After careful consideration of the facts and
the Licensing Committee not being aware of any mitigating
circumstances, it was
RESOLVED - T H A T M.A.A. did not continue to
be deemed a fit and proper person to hold a Vale of Glamorgan
Private Hire and Hackney Carriage Driver’s Licence due to his
breach of Condition 1 of his Private Hire and Hackney Carriage
Driver’s Licence and his Licence be revoked.
DISCIPLINARY MATTER - S.W.O. (DLPPH) (EXEMPT INFORMATION -
PARAGRAPHS 19 & 26) -
S.W.O. had been the holder of a Private Hire /
Hackney Carriage Driver’s Licence since 1996. S.W.O. had also
been a Private Hire Vehicle Operator since 2002. On
27th March, 2007, S.W.O appeared at Barry Magistrates’
Court for the offence of using the vehicle for the carriage of
passengers for hire and reward whilst that vehicle was the subject
of a suspension notice contrary to Section 46 (1)(a) and (e) of the
Local Government (Miscellaneous Provisions) Act 1974. S.W.O.
pleaded guilty to the offence. S.W.O. was present at the
Committee and indicated that the suspension notice had been issued
in respect of repairs which had been carried out at the time the
offence was committed. S.W.O. confirmed that he was aware
that he needed to have the vehicle inspected by the Council prior
to the suspension notice being lifted.
After careful consideration of the facts, the
(1) T H A
T, as it took a serious view of the use of the vehicle whilst the
vehicle was subject to a notice of vehicle suspension and was
concerned at the failure to submit the vehicle to test pursuant to
the notice, in the circumstances S.W.O. was not a fit and proper
person to hold a Private Hire Operator’s Licence and it be
(2) T H A
T S.W.O. remained a fit and proper person to hold the Vale of
Glamorgan Private Hire and Hackney Carriage Driver’s Licence but
that a warning letter be issued to S.W.O. in relation to his future