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Vale of Glamorgan Council

LICENSING COMMITTEE

 

Minutes of a meeting held on 2^nd September, 2008.

 

Present:  Councillor J.W. Thomas (Chairman); Councillor C.L. Osborne (Vice-Chairman); Councillors Mrs. S.M. Bagstaff, G.A. Cox, Mrs. V.L. Ellis, E. Hacker, Mrs. V.M. Hartrey, K. Hatton, N. Moore and Mrs. A.J. Preston.

  

 

258     APOLOGIES FOR ABSENCE -

 

These were received from Councillor Ms. M.E. Alexander, J. Clifford, C.P.J. Elmore, A.D. Hampton and Mrs. M.R. Wilkinson.

  

 

259     MINUTES OF LICENSING SUB COMMITTEES -

 

RESOLVED - T H A T the minutes of the meetings of the Licensing Sub-Committees as detailed below be noted:

 

(a)     10^th June, 2008.

(b)     8^th, 10^th and 14^th July, 2008.

(c)     21^st July, 2008.

(d)     1^st August, 2008.

(e)     13^th August, 2008.

 

 

260     MINUTES -

 

RESOLVED - T H A T the minutes of the meeting of the Licensing Committee held on 1^st July, 2008 be approved.

 

 

261     DECLARATIONS OF INTEREST -

 

No declarations were received.

 

 

262     APPLICATION TO PLACE ADVERTISING ON LICENSED VEHICLES (DLPPHS) -

 

1^st Line Cars was granted a Private Hire Vehicle Operator licence on 27^th February, 2008.  Subsequently, the operator was granted written permission to apply company logos to the vehicles operated by the company.  This was authorised by officers under delegated authority.  Officers were not delegated the authority to give permission to place adverts on licensed vehicles. 

 

A letter had been received from Mr. Iqbal Miah of 1^st Line Cars to request permission to place additional signage on vehicles operated by the company.  The signage requested advertised company rates and offers and was therefore regarded as commercial advertising.  The intention of the company was that the basic background shape of the advert would not change but the company would change the content of the advert to advertise their latest deals.  Mr. Miah was seeking permission to change the contents of the adverts without the need to bring the request to the Committee.  This was because he felt he might wish to make special offers in between Committee dates.  27 letters had been received from proprietors to request permission to place similar adverts on their vehicles. 

 

RESOLVED -

 

(1)       T H A T the application to place advertising on licensed Hackney Carriages and/or Private Hire Vehicles be approved subject to:

 

            (i)         the format of the signage remaining constant and the content of each advert to be approved by Licensing Officers in conjunction with the Chairman of the Licensing Committee;

            (ii)        the proposed advertising background being no bigger than A3 size;

            (iii)       such advertising being limited to the rear quarter door on both sides of the vehicle.

 

(2)       T H A T the placing of such adverts as set out in (i) and (ii) above be approved for the following applicants and the vehicles:

 

	Applicant	Licence Number	Vehicle Registration
1	S Khan	HC072	W521 TGE
2	S Ahmed	PH211	WG53 RYX
3	L Slade	HC034	BK53 CZX
4	A Hewlett	PH045	FN05 LTF
5	T MacDonald	PH062	R265 DWW
6	M Summon	HC062	CK07 FNS
7	S A Shipu	HC075	LR03 CHV
8	S Miah	HC018	OU54 EFW
9	K Hassan	HC025	NA53 VZN
10	S Ahmed	HC054	EX08 AYE
11	S Miah	HC046	T571 RWK
12	K Ihbashen	HC083	DK07 BGU
13	J Ullah	HC031	WG55 CYA
14	J Miah	HC037	BU04 FML
15	N Ahmed	HC048	ND52 FWL
16	M R Ali	HC020	EU53 FPA
17	R Jebhai	HC044	Y916 GWO
18	S Ahmed	HC074	SD54 NYP
19	Y Hassan	HC121	WU04 OKF
20	S Ahmed	HC112	DA06 OKF
21	K Ahmed	HC101	EK08 ONV
22	S Ali	HC024	SH56 KWS
23	I Miah	HC054	EX08 AYE
24	I Miah	HC099	EK08 ONM

 

 

263     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 1^st Line Cars Ltd.  The proprietor of every vehicle had to make application in relation to alterations and signage in their own vehicles and identical letters had been received from all seven proprietors of affected by the request.

 

At the meeting of 29^th 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 5^th 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	A Murad	PH046	GP51 FDD
2	S Khan	HC072	W521 TGE
3	S Ahmed	PH211	WG53 RYX
4	L Slade	HC034	BK53 CZX
5	A Hewlett	PH045	FN05 LTF
6	A Chichester	HC015	SH52 SBU
7	T MacDonald	PH062	R265 DWW

 

 

264     APPLICATION FOR EXEMPTION FROM A PRIVATE HIRE VEHICLE LICENCE CONDITION (DLPPHS) -

 

An application had been received from Mr. Richard Francis the proprietor of a Mercedes Viano WH02 CCC licensed Private Hire Vehicle Number PH098.  The vehicle was first licensed on 15^th July, 2008 and Mr. Francis had requested an exemption from the requirement to permanently fix the Council's Private Hire Vehicle door stickers and licence plate as he wished to carry out a chauffeur type business as well as using the vehicle for normal private hire work. 

 

Prior to the repeal of the exemption in January 2008 for vehicles subject to a written contract for more than seven days the chauffeur business operated outside the licensing regime.  The letter received from Mr. Francis requested permission to remove the Council's Private Hire Vehicle door stickers and licence plates when the vehicle was used for hire or reward but outside the normal taxi business.  Mr. Francis had not requested a total exemption from using door stickers but had asked to be allowed to fix the stickers to magnetic plastic so that they could be removed when carrying passengers for his chauffeuring activities.

 

Section 48 (2) allowed the Council to make conditions which related to the prohibition for the display of signs on a Private Hire Vehicle licensed by that authority.  "A District Council may attach to the grant of a licence under this section such conditions as they may consider reasonably necessary including, without prejudice to the generality of the foregoing provisions of this subsection, conditions requiring or prohibiting the display of signs on or from the vehicle to which the licence relates".

 

Mr. Francis attended the meeting and was interviewed by the Committee and he confirmed that he would want exemption from using door stickers and the rear plate when using his vehicle in his capacity as a chauffeur.  Mr. Francis indicated that often the type of passengers he would carry as a chauffeur would not wish to have any publicity and would prefer to use a car that did not indicate it was a taxi.  Licensing Officers confirmed that they would not able to provide any alternative to the rear plate at present.  After careful consideration of the application and taking into consideration whether or not public safety would be compromised it was

 

RESOLVED - T H A T the application be refused on grounds of public safety.

 

 

265     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.

 

 

266     APPLICATION FOR HACKNEY CARRIAGE AND PRIVATE HIRE DRIVER'S LICENCES - MSK (DLPPHS) (EXEMPT INFORMATION - PARAGRAPHS 12, 13 AND 14) -

 

MSK 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.  MSK confirmed that he had received relevant papers and the legal officer outlined to procedure to be followed.  MSK had applied to be licensed as a Hackney Carriage and Private Hire Vehicle driver on 4^th June, 2008.  The applicant had successfully completed his basic English and knowledge tests.  On his application form MSK had listed a number of previous convictions for road traffic offences.  A Criminal Records Bureau disclosure received by the Licensing Section on 14^th July, 2008 confirmed that there were no matters which related to MSK. 

 

After careful consideration of the facts of the report, hearing from MSK and consideration of Home Office guidelines it was

 

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

 

 

267     DISCIPLINARY MATTER - IM (DLPPHS) (EXEMPT INFORMATION - PARAGRAPHS 12, 13 AND 14) -

 

IM attended the meeting to be interviewed by the Committee to determine whether he remained a fit and proper person to hold a Vale of Glamorgan Hackney Carriage and Private Hire Vehicle Driver’s Licence and Private Hire Operator’s Licence. 

 

IM had been a holder of a Vale of Glamorgan Hackney Carriage and Private Hire Vehicle Driver's Licences since November 1998.  On 26^th February, 2008 IM made application for a Private Hire Operator's Licence under the company name 1^st Line Cars Ltd.  On the application form it was disclosed that there were proceedings pending against IM under Section 4 of the Public Order Act 1986.  On 17^th June, 2008 a letter was received from IM to inform the Licensing Department of his conviction under Section 4 of the Public Order Act 1986. 

 

After careful consideration of the content of the report and after hearing from IM it was

 

RESOLVED - T H A T IM remained a fit and proper person to hold a Hackney Carriage and Private Hire Vehicle Driver's Licence and a Private Hire Operator's Licence and no further action be taken.

 

 

268     DISCIPLINARY MATTER - AP (DLPPHS) (EXEMPT INFORMATION - PARAGRAPHS 12, 13 AND 14) -

 

On 14^th December, 2004 AP was granted Hackney Carriage and Private Hire Vehicle Driver's Licences after completing the application procedure.  As part of the application procedure, AP completed a Criminal Records Bureau disclosure request.  The disclosure, when received showed no record of any convictions.  During the application for renewal on 6^th December, 2007 AP routinely completed a CRB application.  A disclosure dated 13^th March, 2008 was received.

 

On 20^th August, 2008 the Licensing Manager noted that AP had made application in respect of his CRB in his same name but with a different spelling of his forename.  As a result a letter was written to AP to seek clarification as to why two official documents contained different spellings of his name.  Accuracy in respect of the name being spelt correctly on each form was crucial to establish any information that might be held against a name.  AP confirmed at Committee that he had received the letter from the Licensing Section about the spelling of his name and he had written to the DVLA and this information would be supplied at the earliest opportunity. 

 

After careful consideration of the facts of the report and hearing from AP, it was

 

RESOLVED -

 

(1)       T H A T AP remained a fit and proper person to hold a Hackney Carriage and Private Hire Vehicle Driver's licence and no further action be taken.

 

(2)       T H A T AP be requested to provide the Licensing Section with a copy of the information from the DVLA with his correct name at the earliest opportunity.