Agenda, decisions and draft minutes

There were no apologies.

There were no apologies.

No declaration of interest had been raised.

No declaration of interest had been raised.

To appoint a Chair of the Licensing Committee for the ensuing year.

RESOLVED that Councillor Bobby Feeley be appointed Chair of the Licensing Committee for the ensuing year.

Nominations were sought for Chair of the Licensing Committee for 2025/26.  Councillor Andrea Tomlin proposed, seconded by Councillor Brian Jones, that Councillor Bobby Feeley be appointed Chair.  There were no further nominations.

RESOLVED that Councillor Bobby Feeley be appointed Chair of the Licensing Committee for the ensuing year.

At this point, the Chair paid tribute to the former Vice Chair of the Committee, Councillor Hugh Irving who had sadly passed away the previous month.  Councillor Irving had been fair, reliable, and diligent in his appraisal of any licensing situation, a great support over the last three years, and he would be very much missed.

The Chair also took the opportunity to welcome Councillor Justine Evans as a new member on the Committee and paid tribute to Councillor Delyth Jones for the excellent work carried out during her time on the Committee.

To appoint a Vice Chair of the Licensing Committee for the ensuing year.

RESOLVED that Councillor Brian Jones be appointed Vice Chair of the Licensing Committee for the ensuing year.

The Chair invited nominations for Vice Chair of the Licensing Committee for 2025/26.  Councillor Justine Evans proposed, seconded by Councillor Andrea Tomlin, that Councillor Brian Jones be appointed Vice Chair. There were no further nominations.

RESOLVED that Councillor Brian Jones be appointed Vice Chair of the Licensing Committee for the ensuing year.

No urgent matters had been raised.

No urgent matters had been raised.

To receive the minutes of the Licensing Committee held on 4 March 2025 (copy enclosed).

RESOLVED that the minutes of the meeting held on 4 March 2025 be received and confirmed as a correct record.

The minutes of the Licensing Committee held on 4 March 2025 were submitted.

RESOLVED that the minutes of the meeting held on 4 March 2025 be received and confirmed as a correct record.

To consider a report by the Head of Planning, Public Protection and Countryside Services (copy enclosed) seeking members’ review of the existing table of fares for Hackney Carriage vehicles.

RESOLVED that the Licensing Committee approve Proposal 2 as detailed at Appendix D to the report and submitted by a representative of the licensed trade to vary the Council’s Hackney Carriage table of fares as set out in Appendix F to the report and authorise officers to commence the statutory consultation with a view to implementation at the earliest opportunity subject to any objections received.

The Lead Officer (Licensing) submitted a report (previously circulated) seeking members’ review of the existing table of fares for Hackney Carriage vehicles.  The current fares had last been amended in June 2022, effective from 1 July 2022.

Some background to the legislative requirements had been provided with the fares set being the maximum that could be charged and related to fares for journeys undertaken wholly within the county.  The Council was not legally obliged to set maximum rates but 341 of 345 licensing authorities did so.  Members last reviewed the fares in June 2024 and had agreed to retain the current fares and review the position in 12 months’ time with work undertaken to develop the fare calculator.  Since then, no responses had been received from licence holders and without their input the fare calculator would not be accurate for setting the fares.  However, two requests had been received from hackney proprietors for the fares to be reviewed.

Members’ attention was drawn to the information contained in the report relating to the current table of fares, previous decision making, the fare calculator, consultation correspondence, comparison table of the current and proposed tariff and fare comparison of North Wales local authorities (including a recent increase in Conwy’s 2 mile fare to £7.60).  Having evaluated the two requests officers recommended that Proposal 2 (on behalf of 42 licensed drivers) be approved for statutory consultation with a view to implementation subject to any objections received.

The Chair thanked officers for the comprehensive and detailed report.

Councillor Brian Jones voiced his support for the report recommendation given the need to support the taxi industry in light of the change in circumstances since the last fare review in June 2024 with a significant cost increase associated with the taxi trade.  He was confident that the trade would negotiate lower fares for regular and vulnerable customers when providing that service.  Councillor Andrea Tomlin seconded the proposal on the basis of the significant support from the taxi trade for a fare increase which had been uncertain at the time of the last fares review and given the tariff set the maximum fare permitted and a lesser fee could be charged.

Councillor Gwyneth Ellis also supported the proposal but questioned how the views of those in the South of the county could be sought given the lack of hackney carriages operating in that area due to it not being a profitable enterprise.  Officers explained the proposed uplift in the fares which benefitted shorter journeys and encouraged night-time workers advising that there could only be one table of fares for the whole county.  Further detail was provided on the statutory consultation process which involved a public consultation in addition to the licensed trade and assurances were provided that officers would be proactive in ensuring the consultation would be as extensive as possible targeting relevant groups/individuals as appropriate to ensure full engagement across the whole of the county.

RESOLVED that the Licensing Committee approve Proposal 2 as detailed at Appendix D to the report and submitted by a representative of the licensed trade to vary the Council’s Hackney Carriage table of fares as set out in Appendix F to the report and authorise officers to commence the statutory consultation with a view to implementation at the earliest opportunity subject to any objections received.

To consider a report by the Head of Planning, Public Protection and Countryside Services (copy enclosed) updating members on the outcome of the consultation on the current licensing requirements for Wheelchair Accessible Vehicles and seeking members’ views on potential changes to those requirements going forward.

RESOLVED that –

(a)      the current age requirements for Wheelchair Accessible Vehicles be temporarily removed for a period of 12 months and replaced with all Wheelchair Accessible Vehicles must meet Euro 6 emission standards, with an additional compliance test per year once the vehicle reached 12 years of age, i.e., 3 tests a year at 4 monthly intervals, and

(b)      officers to report back to the Licensing Committee in June 2026 on whether the temporary changes as detailed in (a) above have had a positive impact on the number of Wheelchair Accessible Vehicles and to further consider whether such temporary changes required a permanent policy change.

The Lead Officer (Licensing) submitted a report (previously circulated) updating members on the outcome of the consultation with the licensed trade on the current licensing requirements for Wheelchair Accessible Vehicles (WAVs) and seeking members’ views on potential changes to those requirements going forward.

In June 2024 the Licensing Committee reviewed the existing requirements for WAVs licensed by the Council due to the lack of availability of such vehicles and resolved to consult on proposed amendments to the current requirements with a view to addressing the issue.  Details of the five responses, of mixed views, to the consultation had been provided together with the views of the Council’s Passenger Transport Section who welcomed measures to increase the number of WAVs.  The change could extend the operational life of a WAV increasing market availability and potentially reducing school transport costs.  Maintaining the current policy also presented a risk of disadvantaging certain service users with accessibility needs.

Taking into account the report and response to the consultation members were asked to consider the temporary removal of the current age requirement for WAVs and replacing it, for a period of 12 months, with the requirement that all WAVs must meet Euro 6 emission standards, with an additional compliance test per year once the vehicle reached 12 years of age.  It was suggested that the position be reviewed in June 2025 to ascertain whether the temporary change had positively impacted on the number of WAVs and if a permanent change was required.

Members considered the report and discussed with officers the potential merits of the report recommendations, the possibility of other means of increasing the availability of WAVs in the county, and the impact on the taxi fleet as a whole.  There were mixed views regarding the recommendations given that not all vehicles would be subject to the same licensing criteria with the same safety standards applicable to all.  The reasoning for changing licensing requirements to assist with school transport provision was questioned and there was no clear view from the taxi trade on the matter given the lack of consultation responses.  Other members felt that a case had been made to introduce the temporary changes to the licensing requirements given the shortage of WAVs in the county which, if successful, would benefit not only school transport provision but the wider community and service users requiring such vehicles, and the effectiveness of the temporary change would be reviewed in 12 months’ time before a final decision was taken on the matter.

Officers responded to members’ questions and comments as follows –

·       the shortage of WAVs in the county had been highlighted by the Passenger Transport Section with school contracts being awarded outside of Denbighshire as a result; increasing the availability of WAVs in Denbighshire would potentially lead to greater competition and lower tender prices for those contracts

·       the potential for the Council to procure their own WAVs would be a matter for Fleet Services and Passenger Transport to consider

·       the low response rate to the consultation had not been unexpected given the low number of WAVs currently on fleet; it was hoped that the proposal to permit older WAVs on fleet, which generally had lower mileage, whilst still maintaining a strict testing regime would increase the availability of such vehicles given newer WAVs were cost prohibitive for many operators

·       legal advice in relation to the recommendation leading to differing licensing requirements was that whatever decision a local authority made was open to legal risk and the Council also had a public sector equality duty and a risk that wheelchair users could feel discriminated against so  ...  view the full minutes text for item 8.

To consider the Licensing Committee’s forward work programme (copy enclosed).

RESOLVED that the forward work programme be received and approved.

The Lead Officer (Licensing) presented the Licensing Committee’s forward work programme for consideration (previously circulated).

RESOLVED that the forward work programme be received and approved.

RESOLVED that under Section 100A 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 it would involve the likely disclosure of exempt information as defined in Paragraphs 12 and 13 of Part 4 of Schedule 12A of the Act.

To consider a confidential report by the Head of Planning, Public Protection and Countryside Services (copy enclosed) seeking members’ review of a licence to drive hackney carriage and private hire vehicles in respect of Driver No. 517116.

RESOLVED that Driver No. 517116 was a fit and proper person to hold a Hackney Carriage and Private Hire Vehicle Driver’s Licence and that a formal written warning be issued in respect of the persistent speeding convictions obtained and failure to disclose them as required.  A condition was also imposed on the Hackney Carriage and Private Hire Vehicle Driver’s Licence requiring the Driver to complete a speed awareness course to include a practical assessment in addition to any theory training provided within 3 months of the date of the decision notice.  Failure to comply with this condition could result in suspension of the licence.

A confidential report by the Head of Planning, Public Protection and Countryside Services (previously circulated) was submitted upon –

(i)             the suitability of Driver No 517116 to hold a licence to drive hackney carriage and private hire vehicles following speeding convictions obtained in February 2024 which had not previously been declared, and June 2021 which had not previously been declared prior to submission of his renewal application;

(ii)            background information and associated documentation having been provided including details of the motoring convictions, record of interview with the Driver, together with his previous driving history and appearances before the Committee in relation to his original application in 2017;

(iii)          officers having referred the matter to the Licensing Committee for determination given the particular circumstances of the case;

(iv)          the Council’s policy with regard to the relevance of convictions and suitability of applicants and licensees, and

(v)           the Driver having been invited to attend the meeting in support of the licence review and to answer members’ questions thereon.

The Driver was in attendance in support of his licence review.

The Licensing Enforcement Officer (NS) submitted the report and facts of the case.

The Driver submitted that he had changed considerably since the original motoring convictions obtained in his youth from 1998 and did not accept there was a miscommunication with the Magistrates’ Court in 2017 as detailed in the report.  He explained he had not declared penalty points in 2021 due to a change in occupation but had declared those penalty points at a later stage.  The circumstances surrounding the February 2024 conviction were also explained.  Finally, the Driver provided assurances regarding his conduct as a licensed driver, tabled a number of references attesting to his good character, and apologised for not declaring the penalty points as required.  In response to questions the Driver elaborated on the circumstances of the speeding conviction and 3 penalty points and the management responsibilities in his current employment.

The Committee adjourned to consider the case and it was –

RESOLVED that Driver No. 517116 was a fit and proper person to hold a Hackney Carriage and Private Hire Vehicle Driver’s Licence and that a formal written warning be issued in respect of the persistent speeding convictions obtained and failure to disclose them as required.  A condition was also imposed on the Hackney Carriage and Private Hire Vehicle Driver’s Licence requiring the Driver to complete a speed awareness course to include a practical assessment in addition to any theory training provided within 3 months of the date of the decision notice.  Failure to comply with this condition could result in suspension of the licence.

The reasons for the Licensing Committee’s decision were as follows –

Members had carefully considered the evidence before them in reaching their decision.  The Committee’s decision was finely balanced but considered that the Driver did remain a fit and proper person to continue to hold a dual driver’s licence.

The Committee found the failure to disclose the pending conviction in the renewal application in December 2023 to be dishonest with the Driver having known about a pending conviction given he had immediately accepted the offer of a fine and penalty points.  The Committee also found the failure to disclose the penalty points within 7 days as required once it had been received to be deliberate and dishonest.

Although the Committee found the Driver had acted dishonestly as described above, the Committee considered that there were mitigating circumstances which went some way towards explaining why the conviction had not been disclosed within the appropriate time period as required.  The Committee was concerned  ...  view the full minutes text for item 10.