Agenda, decisions and draft minutes
Venue: Council Chamber, Russell House, Churton Road, Rhyl
Contact: Committee Administrator (KEJ)
No. | Item |
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APOLOGIES Decision: Councillors Richard Davies and Peter Owen Minutes: Councillors Richard Davies and Peter Owen |
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APPOINTMENT OF CHAIR To appoint a Chair of the Licensing Committee for the ensuing year. Decision: RESOLVED that Councillor Cefyn Williams be appointed Chair of the Licensing Committee for the ensuing year. Minutes: In accordance with the
appointment process a written statement had been made available from Councillor
Cefyn Williams for the position of Chair of the
Licensing Committee for 2013/14.
Councillor Stuart Davies proposed, seconded by Councillor Bill Cowie that Councillor Cefyn
Williams be appointed Chair. There being
no further nominations it was – RESOLVED that Councillor Cefyn
Williams be appointed Chair of the Licensing Committee for the ensuing year. |
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APPOINTMENT OF VICE CHAIR To appoint a Vice Chair of the Licensing Committee for the ensuing year. Decision: RESOLVED that
Councillor Stuart Davies be appointed Vice Chair of the Licensing Committee for
the ensuing year. Minutes: The Chair invited nominations
for the position of Vice Chair of the Licensing Committee for 2013/14. Councillor Bill Cowie
proposed, seconded by Cefyn Williams that Councillor
Stuart Davies be appointed Vice Chair.
Councillor Joan Butterfield proposed, seconded by Councillor Pat Jones
that Councillor Barry Mellor be appointed Vice Chair. Upon being put to the vote an equal number of
votes were cast for each candidate. The
Chair used his casting vote and it was – RESOLVED that Councillor
Stuart Davies be appointed Vice Chair of the Licensing Committee for the
ensuing year. |
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DECLARATION OF INTERESTS Members to declare any personal or prejudicial interests in any business identified to be considered at this meeting. Decision: No declarations of personal or prejudicial
interest had been raised. Minutes: No declarations of personal or prejudicial
interest had been raised. |
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URGENT MATTERS AS AGREED BY THE CHAIR Notice of items which, in the opinion of the Chair, should be considered at the meeting as a matter of urgency pursuant to Section 100B(4) of the Local Government Act, 1972. Decision: No urgent matters had been raised. Minutes: No urgent matters had been raised. |
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MINUTES OF THE LAST MEETING PDF 121 KB To receive the minutes of the Licensing Committee held on 6 March 2013 (copy enclosed). Decision: RESOLVED that the minutes of the meeting held on 6 March 2013 be received and
confirmed as a correct record. Minutes: The minutes of the Licensing Committee held on
6 March 2013 were submitted. RESOLVED that the minutes of the meeting held on 6 March 2013 be received and
confirmed as a correct record. |
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To consider a report by the Head of Planning and Public Protection (copy enclosed) seeking members’ approval of revised Licensing Committee procedures for determining hackney carriage and private hire driver applications and reviews of existing drivers. Additional documents: Decision: RESOLVED that the Licensing Committee procedures for determining hackney
carriage and private hire driver applications and reviews of existing licensed
drivers (as detailed in the appendix to the report) be approved. Minutes: The Licensing Officer (NJ) submitted a report
by the Head of Planning and Public Protection (previously circulated) seeking
members’ approval of revised Licensing Committee procedures for determining
hackney carriage and private hire driver applications and reviews of existing
drivers. It was explained that the current procedures
were outdated having been originally tailored for public entertainment/premises
licences and there was a need for a set of procedures to deal specifically with
driver applications and reviews. RESOLVED that the Licensing Committee procedures for determining hackney carriage and private hire driver applications and reviews of existing licensed drivers (as detailed in the appendix to the report) be approved. At this point the Chair indicated his intention
to vary the order of the agenda to accommodate those individuals who were
attending the meeting in support of their applications/licence reviews and to
hear their cases before any other business. |
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EXCLUSION OF PRESS AND PUBLIC RESOLVED that under Section 100A of the Local Government Act 1972, the Press and Public be excluded from the meeting for the following item of business on the grounds that it would involve the likely disclosure of exempt information as defined in Paragraphs 12, 13 and 14 of Part 4 of Schedule 12A of the Act. |
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APPLICATION FOR A LICENCE TO DRIVE HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLES - APPLICANT NO. 047324
To consider a confidential report by the Head of Planning and Public Protection (copy enclosed) seeking members’ determination of an application for a licence to drive hackney carriage and private hire vehicles from Applicant No. 047324. Decision: RESOLVED that the application for a hackney carriage and private hire vehicle drivers licence from Applicant No. 047324 be refused. Minutes: A confidential report by the Head of Planning
and Public Protection (previously circulated) was submitted upon – (i) an application received from Applicant No. 047324 for a licence to drive hackney carriage and private hire vehicles; (ii) officers having not been in a position to grant the application in light of the information revealed following an enhanced disclosure from the Disclosure and Barring Service together with a motoring conviction detailed on the applicant’s DVLA Licence; (iii) a summary of the convictions disclosed having been provided which related to a number of offences spanning a period from 1981 to 2007 including incidents relating to drink/drugs, indecency and dishonesty; (iv) the Council’s current policy with regard to the relevance of convictions, and (v) the Applicant having been invited to attend the meeting in support of his application and to answer members’ questions thereon. The Applicant was in
attendance at the meeting and following introductions confirmed that he had
received the report and committee procedures.
The Licensing Officer (JT) provided a summary of the report and
explained that the matter had been brought before the committee to assess the
Applicant’s suitability to hold a licence given the amount and nature of the
convictions. The Applicant
addressed the committee and spoke of his desire to become a taxi driver as an
alternative means to his current employment and physical demands that
required. He also explained the
circumstances surrounding the offences revealed by the criminal record
check. Members questioned the Applicant
further on his version of events and recollections of the incidents. The Applicant was also questioned about more
recent health issues relating to drugs/alcohol dependencies in light of his
convictions and medical certificate. In
making his final statement the Applicant expressed regret over his previous
actions and reiterated that he did not have a problem with alcohol. He considered himself to be good with the
public and provided examples in his present employment. The Applicant had also provided a character
reference from his current employer which was read out to the committee prior
to deliberations. The committee
adjourned to consider the case and it was – RESOLVED that the application for a hackney carriage and
private hire vehicle drivers licence from Applicant No. 047324 be refused. The reasons for the
Licensing Committee’s decision were as follows – Whilst the
application did fall within policy guidelines the committee’s overriding duty
was to public safety. Having considered
the facts of the case and answers given in explanation by the Applicant the
committee had particular concerns in respect of the conviction relating to alcohol,
dependency on alcohol as discussed and the indecency offence. Consequently the committee was not satisfied
that the Applicant was a fit and proper person to hold a licence and resolved
to refuse the application. The committee’s decision
and reasons therefore were conveyed to the Applicant and he was advised that
the decision did not prevent him from making an application in the future. He was also advised of his right of appeal
against the decision to the Magistrates Court within twenty one days. [Councillor Arwel
Roberts took no part in the discussion or voting on this matter as he had not
been present throughout the entire proceedings] |
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SUITABILITY OF A VEHICLE FOR A PRIVATE HIRE LICENCE
To consider a confidential report by the Head of Planning and Public Protection (copy enclosed) seeking members’ determination of an application received for a Private Hire Vehicle Licence. Decision: RESOLVED that the application for a Private Hire
Vehicle Licence be granted in respect of the vehicle
concerned with its present seating configuration. Minutes: A confidential report by the Head of Planning
and Public Protection (previously circulated) was submitted upon – (i) an application having been received for a Private Hire Vehicle Licence; (ii) officers having not been in a position to grant the application as the vehicle presented for licensing did not comply with the specifications as detailed in the Council’s Hackney Carriage and Private Hire Licensing Conditions, namely (1) the seat configuration did not provide the minimum clearance through which passengers may pass, and (2) passengers would be required to tip one of the other seats to access/exit the rear row of seats, and (iii) the applicant having been invited to attend the meeting in support of his application and to answer members’ questions thereon. The Applicant was in attendance at the
meeting together with his Representative and following introductions confirmed
that he had received the report and committee procedures. Members also confirmed that they had received,
via email, supplementary information from the Applicant in support of his
application which was made available to all parties at the meeting. The Licensing Enforcement Officer presented
the report and asked the committee to consider whether it would be appropriate to
depart from the Council’s policy concerning vehicle specifications in order to
grant the application as applied for. The Applicant’s Representative explained the
main concern was that altering the vehicle specification to conform to the
current council policy would result in the Applicant falling foul of type
approval and lead him to be held personally liable in the event of an
accident. He also referred to advice
received from VOSA and the Department of Transport in that regard and drew
members’ attention to the supplemental information (previously circulated)
consisting of a letter from the National Private Hire Association in support of
the application. The National Private
Hire Association had made reference to – ·
the
Department of Transport’s Best Practice Guidance ·
judgments
from two legal challenges taken to Magistrates Court ·
statement
from Ford UK relating to seat alterations In light of the evidence presented the
Applicant’s Representative asked the committee to grant the application for the
vehicle concerned with its present seating configuration. He also asked that this aspect of the policy
guidelines be further considered as part of the current hackney carriage and
private hire licensing policy review. In response to questions the Applicant and his
Representative explained the seating configuration in further detail including
access and egress from the rear of the vehicle together with the implications
should seating be removed. It was
confirmed that the Applicant had been provided with a copy of the council’s
conditions prior to purchasing the vehicle.
In terms of the minimum clearance for passengers the Applicant’s
Representative advised that the front seat gap measured the same as the rear
seat on the said vehicle which fell below the minimum stipulated in the
conditions. In his final statement the
Applicant’s Representative asked members to grant the application as applied
for. If the committee was not minded to
grant the application with the present seating configuration he asked whether a
certificate could be supplied absolving the Applicant of any liability in the
event of an accident. The committee adjourned to consider the
application and it was – RESOLVED that the application for a Private Hire Vehicle Licence be granted in respect of the vehicle concerned with its present seating configuration. The reasons for the Licensing Committee’s
decision were as follows – Members had carefully considered the application and evidence presented in this case and had been mindful of their responsibilities in respect of licensing vehicles. The committee was satisfied that ... view the full minutes text for item 9. |
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APPLICATION FOR A LICENCE TO DRIVE HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLES - APPLICANT NO. 047331
To consider a confidential report by the Head of Planning and Public Protection (copy enclosed) seeking members’ determination of an application for a licence to drive hackney carriage and private hire vehicles from Applicant No. 047331. Decision: RESOLVED that the application for a hackney carriage and private hire vehicle drivers licence from Applicant No.
047331 be refused. Minutes: A confidential report by the Head of Planning
and Public Protection (previously circulated) was submitted upon – (i) an application received from Applicant No. 047331 for a licence to drive hackney carriage and private hire vehicles; (ii) officers having not been in a position to grant the application in light of the information revealed following an enhanced disclosure from the Disclosure and Barring Service together with a motoring conviction detailed on the applicant’s DVLA Licence; (iii) a summary of the convictions disclosed having been provided which related to a number of offences spanning a period from 1997 to 2010 including incidents relating to drunkenness, driving and traffic offences; (iv) the Council’s current policy with regard to the relevance of convictions, and (v) the Applicant having been invited to attend the meeting in support of his application and to answer members’ questions thereon. The Applicant was in attendance at the
meeting and following introductions confirmed that he had received the report
and committee procedures. The Licensing
Officer (JT) provided a summary of the report and explained that the matter had
been brought before the committee to assess the Applicant’s suitability to hold
a licence in light of the convictions disclosed. The Applicant addressed the committee in support of his application describing his background and personal circumstances at the time the offences had been committed. He was keen to impress upon members his change in attitude since he had moved into the area some years ago becoming a responsible adult in employment with family commitments. He explained that his current employment was seasonal and he wished to become a taxi driver to provide for himself and his family. Members questioned the Applicant on his convictions, particularly in light of the substantial penalties imposed and repeated driving disqualifications, and sought assurances regarding his future behaviour. The Applicant elaborated upon particular incidents in response to members’ questioning and assured the committee that he only drank alcohol at social occasions such as weddings. In making his final statement he assured members that he valued his driving licence and was a changed character. The committee adjourned to consider the case
and it was – RESOLVED that the application for a hackney carriage and private hire vehicle drivers licence from Applicant No. 047331 be refused. The reasons for the Licensing Committee’s decision
were as follows – Members considered all the evidence presented and the
response given by the Applicant to questions.
Whilst granting the application was in line with individual policy
guidelines the committee’s overriding consideration was public safety and in
light of the prolific and repeated convictions specifically relating to
motoring offences including dangerous driving; driving with no insurance, and
with excess alcohol members were not satisfied that the Applicant was a fit and
proper person to drive hackney carriage and private hire vehicles. Accordingly it was resolved to refuse the
application. The committee’s decision and reasons
therefore were conveyed to the Applicant and he was advised of his right of
appeal against the decision to the Magistrates Court within twenty one days. |
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APPLICATION FOR A LICENCE TO DRIVE HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLES - APPLICANT NO. 047319
To consider a confidential report by the Head of Planning and Public Protection (copy enclosed) seeking members’ determination of an application for a licence to drive hackney carriage and private hire vehicles from Applicant No. 047319 Decision: RESOLVED that the application for a hackney carriage and private hire vehicle drivers licence from Applicant No.
047319 be granted. Minutes: A confidential report by the Head of Planning
and Public Protection (previously circulated) was submitted upon – (i) an application received from Applicant No. 047319 for a licence to drive hackney carriage and private hire vehicles; (ii) officers having not been in a position to grant the application in light of the information revealed following an enhanced disclosure from the Disclosure and Barring Service and motoring convictions detailed on the applicant’s DVLA Licence; (iii) a summary of the convictions disclosed having been provided which related to a number of offences spanning a period from 1989 to 2009 including incidents relating to drunkenness and dishonesty; (iv) the Council’s current policy with regard to the relevance of convictions, and (v) the Applicant having been invited to attend the meeting in support of his application and to answer members’ questions thereon. The Applicant was in attendance at the
meeting and following introductions confirmed that he had received the report and
committee procedures. The Licensing
Officer (JT) provided a summary of the report and explained that the matter had
been brought before the committee to assess the Applicant’s suitability to hold
a licence in light of the convictions disclosed. The Applicant addressed the committee in
support of his application admitting his wrongdoing and expressing remorse over
previous actions. He explained his
personal circumstances advising that he had moved to Wales some years ago
highlighting his family commitments and responsibilities and referred to his
association with the taxi trade and his desire to become a taxi driver. The Applicant also explained the
circumstances surrounding the offences, clarifying issues in response to
members’ questions thereon. Members
sought assurances regarding his future behavior and the Applicant elaborated
upon his current lifestyle and community links and the trustworthy relationship
with his current employer. He assured
the committee that he had learnt from past mistakes and had turned his life
around. A reference from the Applicant’s
employer was read out to the committee attesting to his good character. In his final statement the Applicant thanked
members for the opportunity to present his case and asked the committee to look
favourably on his application. The committee adjourned to consider the case
and it was – RESOLVED that the application for a hackney carriage and private hire vehicle drivers licence from Applicant No. 047319 be granted. The reasons for the Licensing Committee’s decision
were as follows – The committee had carefully considered the facts of
the case and having listened to the Applicant’s submission and his response to
questioning members had been impressed by the Applicant’s demeanor and had
found him to be genuine in his assurances regarding his current and future behaviour.
Consequently members considered the Applicant to be fit and proper to
hold a hackney carriage and private hire vehicle drivers
licence. The
Applicant’s previous convictions had caused concern to the committee however
and he was warned that any future transgression causing him to be brought
before the committee would be severely dealt with. The committee’s decision and reasons therefore were
conveyed to the Applicant. [Councillor Stuart Davies
wished it to be recorded that he voted against the above resolution.] |
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REVIEW OF A LICENCE TO DRIVE HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLES - DRIVER NO. 044473
To consider a confidential report by the Head of Planning and Public Protection (copy enclosed) seeking members’ review of a licence to drive hackney carriage and private hire vehicles in respect of Driver No. 044473. Additional documents:
Decision: RESOLVED that
– (a) consideration of the suitability of Driver
No. 044473 to hold a hackney carriage and private hire vehicle drivers licence
be deferred to the next meeting of the committee to provide a further
opportunity for the Driver to attend and present his case, and (b) a letter be sent to
Driver No. 044473 advising him of the committee’s decision above, requesting
his attendance at the committee’s next meeting and impressing upon him the
seriousness of the matter. Minutes: A confidential report by the Head of Planning
and Public Protection (previously circulated) was submitted upon – (i) the suitability of Driver No. 044473 to hold a licence to drive hackney carriage and private hire vehicles; (ii) concerns having been raised by Licensing Enforcement Officers regarding the conduct of the licensed driver on a number of separate occasions (a summary of facts together with witness statements having been attached to the report); (iii) the Driver having been invited to attend the meeting in support of his licence review and to answer members’ questions thereon. The Driver was not present at the meeting
despite being invited to attend. In the
absence of an explanation from the Driver regarding his non
attendance the committee agreed to proceed in his absence. The Licensing
Enforcement Officer (HB) introduced the report and detailed the summary of
facts of the case. Members took the
opportunity to raise questions and the officers clarified the association of the
Driver to the business and taxi referred to within the incidents and the behaviour of the Driver during the events concerned. It was clarified that during the multi agency
taxi operation in February 2013 licensed vehicles had been inspected generally
and other vehicles were also tested.
Officers were concerned about the Driver’s failure to engage with them
and other officials, the attitude he had displayed and his disregard of
authority. The Public Protection Manager
highlighted that Enforcement Officers had a difficult and challenging role and
maintained positive relationships with licensees in the main and issues would
not be brought before committee unless significant. The committee
adjourned to consider the case and it was – RESOLVED that – (a) consideration of the suitability of Driver No. 044473 to hold a
hackney carriage and private hire vehicle drivers licence be deferred to the next meeting of the committee to
provide a further opportunity for the Driver to attend and present his case,
and (b) a letter be sent to Driver No. 044473
advising him of the committee’s decision above, requesting his attendance at
the committee’s next meeting and impressing upon him the seriousness of the
matter. Having considered the
evidence presented the committee expressed serious concerns regarding the behaviour of the Driver in this case and considered their
powers in terms of suspension and revocation.
In the absence of the Driver and hearing his version of events however
the committee agreed that the Driver be given a further opportunity to present
his case to the Licensing Committee before a determination was made. Consequently it was resolved to defer
consideration of the suitability of the Driver to the committee’s next meeting
and to invite him to attend advising him of the committee’s decision and the
seriousness of the matter. |
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OPEN SESSION Upon completion of the above business the meeting resumed in open session. |
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PROCEDURES FOR NEW AND REVISED POLICIES PDF 15 KB To consider a report by the Head of Planning and Public Protection (copy enclosed) seeking members’ approval of the procedures to be adopted for drafting new and revised policies. Additional documents: Decision: RESOLVED that the procedures for drafting new
licensing policies and reviewing existing policies (as detailed in the appendix
to the report) be approved. Minutes: The Licensing Officer (NJ) submitted a report
by the Head of Planning and Public Protection Services (previously circulated)
seeking members’ approval of the procedures to be adopted for drafting new and
revised policies. Apart from statutory requirements, there were
no written procedures in place for officers to follow when drafting new
licensing policies or reviewing existing licensing policies. Approving a set of procedures should reduce any
risk of exposing the Council to challenge and administrative error. Members’ attention was drawn to the following – ·
new
policies would include a full consultation exercise, including screening the
policy using the Equality Impact Assessment Toolkit, and reporting the outline
of the policy and scope of consultation to members ·
for
existing policies requiring general amendments officers would discuss proposed
amendments with members, along with any consultation requirements and would
seek members to recommend to the Lead Member the adoption of the amendments ·
the Head
of Service would approve minor policy amendments including legislative updates
or in cases where it is considered the change would not affect the purpose of
the policy RESOLVED that the procedures for drafting new licensing policies and reviewing existing policies (as detailed in the appendix to the report) be approved. |
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LICENSING PROCEDURES PDF 17 KB To consider a report by the Head of Planning and Public Protection (copy enclosed) seeking members’ approval of procedures, including officer delegations, for dealing with applications. Additional documents:
Decision: RESOLVED that
– (a) the eight hackney
carriage and private hire procedures (as detailed in the appendix to the
report) be approved with effect from 1 August 2013, and (b) the delegations as
detailed within the procedures be approved to form part of the scheme of
delegation with effect from 1 August 2013. Minutes: The Licensing Officer (NJ)
submitted a report by the Head of Planning and Public Protection (previously
circulated) seeking members’ approval of eight procedures, including officer
delegations, for dealing with applications for hackney carriage and private
hire licensing. An extensive review of the
licensing regime had been undertaken with a view to ensuring that licensing
processes were as robust as possible and that the public travelled safely and
received a good level of service. The
draft procedures had also been scrutinised by a Licensing Legal Specialist and
covered the following – ·
Expired Insurance and Compliance
Documents ·
Grant/Renewal of a Private Hire
Operator Licence ·
Grant/Renewal of a Hackney Carriage and
Private Hire Vehicle Licence ·
Grant/Renewal of a Hackney Carriage and
Private Hire Driver Licence ·
Suspension/Revocation of a Hackney
Carriage and Private Hire Driver Licence ·
Suspension/Revocation of a Hackney
Carriage and Private Hire Vehicle Licence ·
Transfer of interest/replacement
vehicle of a Hackney Carriage and Private Hire Vehicle Licence ·
Notification of a Hackney Carriage and
Private Hire Vehicle Driver Conviction The Chair commented that the
procedures were very comprehensive and acknowledged the hard work carried out
to review them. RESOLVED that – (a) the eight hackney carriage and private
hire procedures (as detailed in the appendix to the report) be approved with
effect from 1 August 2013, and (b) the delegations as detailed within the
procedures be approved to form part of the scheme of delegation with effect
from 1 August 2013. |
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LICENSING COMMITTEE FORWARD WORK PROGRAMME 2013/14 PDF 42 KB To consider a report by the Head of Planning and Public Protection (copy enclosed) presenting the committee’s forward work programme for approval and updating members on relevant issues. Additional documents: Decision: RESOLVED that the Licensing Committee work programme as detailed within the report be noted. Minutes: A report by the Head of Planning
and Public Protection was submitted (previously circulated) on the Licensing
Committee’s future work programme. The review of hackney carriage and
private hire policy was progressing well and a report thereon would be
submitted to the committee in December 2013 before formal consultation
commenced. Details on the consultation
exercise had also been provided. RESOLVED that the Licensing Committee work programme as
detailed within the report be noted. The meeting concluded at 1.00 p.m. |