PUBLIC PROTECTION LICENCING COMMITTEE

 

Minutes of a meeting held on 17th April, 2018.

 

Present:  Councillor M.J.G. Morgan (Vice-Chairman in the Chair); Councillors R. Crowley, Mrs. P. Drake, O. Griffiths, Dr. I.J. Johnson, K.P. Mahoney, Mrs. A. Moore, Mrs. J. Norman, J.W. Thomas, Mrs. M.R. Wilkinson and Ms. M. Wright.

 

 

850     APOLOGIES FOR ABSENCE -

 

These were received from Mrs. J.E. Charles, G.A. Cox and B.T. Gray.

 

 

851     MINUTES -

 

RESOLVED - T H A T the minutes of the meeting held on 6th March, 2018 be approved as a correct record.

 

 

852     DECLARATIONS OF INTEREST -

 

A declaration of interest was received from Councillor K.P. Mahoney in relation to Agenda Item 4 “Application 1/2016 - To Register Land at Sully Sports Field, South Road, Sully as a Town or Village Green Under S15 of the Commons Act 2006”.  Councillor Mahoney stated that he knew the applicants and had previously made written submissions on the application, therefore he would withdraw from the meeting as he did not have dispensation from the Standards Committee.

 

 

853     APPLICATION 1/2016 - TO REGISTER LAND AT SULLY SPORTS FIELD, SOUTH ROAD, SULLY AS A TOWN OR VILLAGE GREEN UNDER S15 OF THE COMMONS ACT 2006 (OMLS) -

 

At the start of this item, the Chairman tabled supplementary information to this item which detailed a clearer map of the site attached at Appendix A to the report. 

 

The Senior Lawyer presented the report to appraise Committee of an application made under the Commons Act 2006 (The Act) for land known as Sully Sports Field, South Road, Sully (the Land) to be registered as a Town or Village Green.

 

The Council initially received an application to register the Land as a town/village green on the 5th August, 2016 but that was not in compliance with the relevant legislation. An acceptable application to register the Land as a Town and Village Green was received on 12th September, 2016.  A copy of the application Form 44 and plan was attached to the report at Appendix ‘A’.

 

On 4th July, 2017 the Public Protection Licensing Committee considered a report concerning the above application and determined that in view of all the circumstances outlined, a non-statutory public inquiry should be held in order for the Council as Registration Authority to discharge its obligation to adopt a fair and transparent procedure and to determine the application in accordance with the relevant legislation.

 

Mr James Marwick a barrister with experience of village green registration matters was appointed as Inspector in relation to the non-statutory public inquiry and to produce a report with recommendations. The inquiry was held over four days, namely between 29th, 30th and 31st January 2018 and 1st February 2018.

 

The Senior Lawyer then presented the Inspector’s Report attached at Appendix B to the report to the Licensing Committee.  The Senior Lawyer noted that the Inspector had indicated the following issues to be critical in the case:

 

(i)         the quality and quantity of user by a significant number of the inhabitants of any locality and

 

(ii)        the test for use of land “as of right”.

 

In these matters the Inspector noted that the application fell short of required thresholds.  Therefore, the Inspector’s overall conclusion was set out in paragraph 126 of the main report and paragraph 20 of the report to the Licensing Committee which stated “My overall conclusion is the application must fail because a significant number of local inhabitants have not indulged in lawful sports and pastimes during the relevant 20 year period and further that any claimed user in any event was not “as of right” but, on the contrary, by implied permission”.

 

To conclude the Senior Lawyer recommended that the Licensing Committee accept the recommendations in the Inspector’s Report and the application to register the land as a Town or Village Green be refused for the reasons provided.

 

The Chairman thanked the Senior Lawyer for his summary and asked if the Committee had any points they wished to discuss. 

 

Having considered the report it was

 

RESOLVED - T H A T the recommendations in the Inspector’s Report be accepted and the application to register the land as a Town and Village Green be refused.

 

Reason for decision

 

In order for the Council as Registration Authority to discharge its duty to determine the application in accordance with the Act and the Commons (Registration of Town or Village Greens) (Interim Arrangements) (Wales) Regulations 2007.  The applicants had failed to satisfy the statutory criteria contained in Section 15(2) of the Act.

 

 

854     APPLICATION TO WAIVE THE VALE OF GLAMORGAN COUNCIL’S AGE POLICY GUIDELINES FOR THE GRANT OF A PRIVATE HIRE VEHICLE LICENCE, MERCEDES S350 (DEH) -

 

The Team Manager (Licensing) apprised the Committee of a request by Mr. Gape to waive the Vale of Glamorgan Council’s Age Policy Guidelines in respect of a Private Hire Vehicle Licence application for a Mercedes S350, Registration CE62 DVL.

 

Mr. Gape was present at the Committee Meeting.

 

The Team Manager (Licensing) stated that the Age Policy Guidelines required that Class 1 vehicles had to be under 5 years old to have a licence granted.  The date of first registration for the vehicle was 1st September, 2012. 

 

On 14th March, 2018 Mr. Gape submitted an application for a Private Hire Vehicle Licence for the above mentioned vehicle.  The vehicle was previously licensed as a Private Hire Vehicle until 7th February, 2018.  An MOT certificate was in force which expired on 23rd July, 2018.  The last recorded mileage in July 2017 was 43,272.  In conclusion, the Team Manager (Licensing) commented that Mr. Gape would like to explain to the Committee mitigating circumstances why his licence had not been renewed.

 

The Chairman then invited Mr. Gape to address the Committee and provide the above information. 

 

Mr. Gape stated that he had taken time off work to look after his family members who were seriously unwell.  Since that time, Mr. Gape was now in a position to get back on track with his business.  The Chairman thanked Mr. Gape for his representations and sympathised with his personal situation.  The Chairman then sought clarification from Mr. Gape that the vehicle was in good order.  In response, Mr. Gape replied the vehicle was. 

 

The Committee then discussed the application and noted that the vehicle would have to be presented for testing at the Alps Depot and a licence would only be issued from the date the vehicle received a satisfactory pass certificate. 

 

In response to a question from a Member, the Team Manager (Licensing) stated that the licence was for six months, at which point the vehicle would have to be re-tested for suitability as detailed in Section 48 of the Local Government (Miscellaneous Provisions) Act 1976.

 

There being no further questions or points of clarification, the Committee

 

RESOLVED - T H A T the request to waive the Vale of Glamorgan Council’s Age Policy Guidelines in respect of vehicle Mercedes S350 CE62 DVL, be granted.

 

Reason for decision

 

To waive the Age Policy Guidelines in respect of the vehicle Mercedes S350 CE62 DVL as Members were satisfied that the vehicle met the requirements of Section 48 of the Local Government (Miscellaneous Provisions) Act 1976.