Agenda, decisions and draft minutes
Venue: Council Chamber, County Hall, Ruthin
Contact: Committee Administrator (KEJ)
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APOLOGIES Decision: Councillors Brian Blakeley, Hugh Irving and Peter Owen. Minutes: Councillors Brian Blakeley, Hugh Irving and Peter Owen. |
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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 136 KB To receive the minutes of the Licensing Committee held on Decision: RESOLVED that, subject to points of accuracy, the minutes of the meeting
held on Minutes: The minutes of the Licensing Committee held on Accuracy – Page 7 – Item No. 5 Review of Three Licences –
The Chair referred to the duplication of the Driver Number which needed to be
amended. [Driver No. 040298 at (3)
Appendix 2 should be amended to No. 040448.] Councillor Joan Butterfield advised that her
apologies for absence at the last meeting had not been recorded within the
minutes. RESOLVED that, subject to the above, the minutes of the meeting held on 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 and 13 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. 044881
To consider a confidential report by the Head of Planning and Public Protection Services (copy enclosed) seeking members’ determination of an application from Applicant No. 044881 to drive hackney carriage and private hire vehicles. Decision: RESOLVED
that the application for a hackney carriage and private hire vehicle drivers licence from Applicant No. 044881 be granted and a warning
issued regarding the seriousness of his offence and to his future conduct. Minutes: A confidential report by the Head of Planning
and Public Protection Services (previously circulated) was submitted upon – (i)
an application received from
Applicant No. 044881 for a licence to drive hackney
carriage and private hire vehicles; (ii)
the Applicant having been
convicted of Failing to Provide a Specimen for Analysis (being in charge of a
motor vehicle) on 13 October 2010 and disqualified from driving for 16 months
(reduced to 12 months following completion of a course) and fined £160.00; (iii)
the Applicant having held a licence to drive hackney carriage and private hire vehicles
since 2006 and had been driving a licensed vehicle at the time of the offence
(the Applicant had since advised that he had not been carrying fare paying
passengers when the offence took place); (iv)
the Applicant having failed to
notify the Licensing Authority of the offence within seven days in accordance
with licensing conditions, instead allowing his licence
to lapse in December 2010; (v)
the Council’s current policy
with regard to the relevance of convictions, and (vi)
the Applicant having been
invited to attend the meeting in support of his application and to answer
members’ questions thereon. The Licensing Officer (JT) provided a summary
of the report and advised that the Applicant was in attendance at the
meeting. She indicated that the matter
had been brought before the committee to assess the Applicant’s suitability in
view of the relatively short period free from driving offences. The Applicant addressed the committee in support
of his application expressing his remorse over the offence. He also apologised
for his failure to notify the Licensing Authority of the conviction which had
been due to the confusion and stress he had experienced over the incident. He responded to members’ questions regarding
the circumstances surrounding his conviction and failure to provide a specimen
for analysis, and confirmed that he had previously held a taxi licence without incident since 2006. In closing the Applicant advised that he had
attended a course recommended by the court and had learnt lessons from
that. He reiterated his deep regret and
assured members that there would be no repeat incident. At this juncture 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. 044881 be granted and a warning
issued regarding the seriousness of his offence and to his future conduct. The reasons
for the Licensing Committee’s decision were as follows – Having considered the evidence provided by
the Applicant the committee was persuaded that the offence was an isolated
incident and found the Applicant to be genuine in his assurances that it would
not be repeated. They had also taken
into account the Council’s current policy with regard to the relevance of
convictions and noted that granting the application was in line with their own
policy and the timeframe provided for the Applicant to be free from convictions
relating to drink. Accordingly members
considered the Applicant to be a fit and proper person to hold a hackney
carriage and private hire vehicle drivers licence but
felt it was appropriate to issue a warning in light of the offence committed. The Chair conveyed the committee’s decision
and reasons for that decision to the Applicant. |
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APPLICATION FOR A LICENCE TO DRIVE HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLE VEHICLES - APPLICANT NO. 044879
To consider a confidential report by the Head of Planning and Public Protection Services seeking members’ determination of an application received from Applicant No. 044879 for a licence to drive hackney carriage and private hire vehicles. Decision: RESOLVED that the application for a hackney carriage and private hire
vehicle drivers licence from
Applicant No. 044879 be granted. Minutes: A confidential report by the Head of Planning,
Regeneration and Regulatory Services (previously circulated) was submitted upon
– (i)
an application received from
Applicant No. 044879 for a licence to drive hackney
carriage and private hire vehicles; (ii)
the officers having not been in
a position to grant the application in light of the information revealed
following an enhanced disclosure from the Criminal Records Bureau ( (iii)
a summary of the convictions
disclosed having been provided which related to a number of offences spanning a
period from 1982 to 1995; (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 Licensing Officer (JT) provided a summary
of the report and advised that the Applicant was in attendance at the
meeting. She indicated that the matter
had been brought before the committee to assess the Applicant’s suitability to
hold a licence given the nature of the convictions. The Applicant addressed the committee in
support of his application advising that he was an experienced driver having
held a DVLA driving licence for years free of
motoring convictions. He considered
himself to be good with the public and believed he could provide a valuable
public service. He also expressed his
regret over his past advising that he had turned his life around since that
time. In response to questions the
Applicant detailed his family commitments and responsibilities and his previous
employment history. He also spoke of his
desire to gain employment as a licensed driver which he believed would be a
positive move. At this juncture 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. 044879 be granted. The reasons for the Licensing Committee’s decision
were as follows – Members noted that the offences were spent,
had taken place a significantly long time ago, and that the Applicant had been
free from convictions for approximately seventeen years. Consequently members accepted the Applicant’s
submission that he had turned his life around since that time and noted his
family circumstances and responsibilities.
The committee also noted that granting the application was in line with their own policy regarding the relevance of convictions and
the timeframe provided for the Applicant to be free from convictions. Accordingly members considered the Applicant
to be a fit and proper person to hold a hackney carriage and private hire drivers licence. The Chair conveyed the committee’s decision
and reasons for that decision to the Applicant. |
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REVIEW OF TWO LICENCES TO DRIVE HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLES
To consider a report by the Head of Planning and Public Protection Services (copy enclosed) seeking members’ review of two licences to drive hackney carriage and private hire vehicles for failure to comply with the Council’s requirement to successfully undertake a driver knowledge test. Additional documents:
Decision: RESOLVED that – (a) the successful completion of the driver knowledge test by Driver No. 040740 be noted and no further action be taken, and (b) Driver
No. 041605 be suspended pending his successful completion of the driver
knowledge test. Failure by the Driver to
successfully undertake the test by the committee’s next meeting ( Minutes: The Licensing Officer (JT) submitted a
confidential report by the Head of Planning and Public Protection Services
(previously circulated) seeking members’ consideration of the suitability of
two Drivers numbered 040740 and 041605 (corresponding individual reports listed
at Appendix 1 and 2 respectively to the main report) to continue as licensed
drivers following their failure to comply with the Council’s requirement to
successfully undertake a driver knowledge test within the designated timescale. Members considered the individual circumstances
relating to each Driver separately, treating each case on its own merits as
follows – (1) Driver No. 040740 (Appendix 1) – Renewal Date Five reminders had been issued to the Driver
since his licence renewal and he had attended the last meeting of the Licensing
Committee to explain the reasoning behind his failure to take the knowledge
test. The committee had resolved to
defer consideration of the Driver’s suitability to their next meeting to
provide a further opportunity for the Driver to sit the knowledge test. The Licensing Officer was pleased to report
that the Driver had since successfully passed the test. Consequently it was – RESOLVED
that the successful completion of the driver knowledge test by Driver No.
040740 be noted and no further action be taken. The reasons for the Licensing Committee’s decision
were as follows – The Driver had now complied with the
Council’s requirement to successfully undertake a driver knowledge test and
therefore it was considered that no further action was required. (2) Driver No. 041605 (Appendix 2) – Renewal Date
31 December 2011 Five reminders had been issued to the Driver
since his licence renewal but he had made no attempt to contact officers. On At this juncture the committee adjourned to
consider the case and it was – RESOLVED
that Driver No. 041605 be suspended pending his successful completion of the
driver knowledge test. Failure by the
Driver to successfully undertake the test by the committee’s next meeting ( The reasons for the Licensing Committee’s decision
were as follows – The committee considered that the Driver had
been given sufficient opportunity in which to undertake the driver knowledge
test. Accordingly the committee
considered it appropriate to suspend the Driver’s licence
until such time as he passed the knowledge test. Failure by the Driver to take and
successfully pass the test would result in the matter being brought back before
the committee’s next meeting when serious consideration would be given to
revoking his licence on the basis that he was not a
fit and proper person to hold a licence. |
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REVIEW OF A LICENCE TO DRIVE HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLES - DRIVER NO. 043844
To consider a confidential report by the Head of Planning and Public Protection Services (copy enclosed) seeking members’ determination of the suitability of Driver No. 043844 to continue to hold a Hackney Carriage and Private Hire Vehicle Drivers Licence. Decision: RESOLVED
that Driver No. 043844 be suspended from driving hackney carriage and private
hire vehicles on public safety grounds and that he be required to undertake a
Driving Awareness Course prior to the matter being brought back before the
committee’s next meeting in order to further assess his suitability to continue
as a licensed driver and reconsider the suspension imposed. Minutes: A confidential report by the Head of Planning
and Public Protection Services (previously circulated) was submitted upon – (i)
the suitability of Driver No.
043844 to hold a licence to drive hackney carriage
and private hire vehicles; (ii)
the Driver having accrued 12
penalty points on his DVLA licence within a period of
three years but had been permitted to retain his DVLA licence
by Prestatyn Magistrates who had accepted that a
disqualification would cause exceptional hardship in his case; (iii)
details of the endorsements on
the Driver’s DVLA Licence having been provided, three
of which related to the use of a mobile phone whilst driving a vehicle; (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 licence review and to answer members’ questions
thereon. The Licensing Officer (JT) provided a summary
of the report and confirmed that the Driver had been cooperative throughout the
process. Members noted that the Driver
was not present at the meeting despite being invited to attend. Members considered the facts of the case and
after deliberation it was – RESOLVED
that Driver No. 043844 be suspended from driving hackney carriage and private
hire vehicles on public safety grounds and that he be required to undertake a
Driving Awareness Course prior to the matter being brought back before the
committee’s next meeting in order to further assess his suitability to continue
as a licensed driver and reconsider the suspension imposed. The reasons for the Licensing Committee’s
decision were as follows – Having considered the facts of the case
members had serious concerns regarding the repeated offence of using a mobile
phone whilst driving which demonstrated the Driver’s disregard for the law and
public safety. Grave concerns were also
expressed regarding the serious implications of the Driver’s actions with
potentially fatal consequences. However
the committee considered that the Driver would benefit from attending a Driving
Awareness Course in order to modify his behaviour. Consequently the committee requested that the
Driver attend their next meeting in order to further assess his suitability to
continue as a licensed driver following his completion of the Driving Awareness
Course. [Councillor Joan
Butterfield asked that it be recorded that she voted against the above
resolution.] At this juncture ( |
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OPEN SESSION Upon completion of the above business the meeting resumed in open session. |
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LICENSING COMMITTEE FORWARD WORK PROGRAMME PDF 43 KB To consider a report by the Head of Planning and Public Protection Services (copy enclosed) seeking members’ approval of the Licensing Committee’s forward work programme and priorities for the Licensing Section for 2013/14. Additional documents: Decision: RESOLVED that the Licensing Committee Work Programme
(attached at Appendix 1 to the report) and the Priorities for the Licensing
Administration Section for the year 2013/14 be approved. Minutes: The Licensing Officer (NJ) submitted a report
by the Head of Planning, Regeneration and Regulatory Services (previously
circulated) seeking members’ approval of the Licensing Committee’s forward work
programme (Appendix 1 to the report) and priorities for the Licensing
Administration Section for 2013/14. The main drivers for the priorities were the
Council’s duties and responsibilities in relation to the licensing function,
and the effective regulation, control and enforcement of Licensees and
commitment to safer communities. Each of
the identified priorities had been scheduled within the committee’s work
programme and entailed a review of the following areas – ·
House to House
Collection and Street Collection Policies ·
Rhyl Market Regulations ·
Hackney Carriage/Private
Hire Driver policy and conditions ·
Hackney Carriage/Private
Hire Vehicle and Operator policy and conditions ·
Fees and Charges Members accepted the priorities for the
Licensing Section and were content with the timescales detailed within the
committee’s forward work programme and it was – RESOLVED
that the Licensing Committee Work Programme (attached
at Appendix 1 to the report) and the Priorities for the Licensing
Administration Section for the year 2013/14 be approved. |
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UPDATE ON REVIEW OF LICENSING FEES AND CHARGES PDF 40 KB To consider a report by the Head of Planning and Public Protection (copy enclosed) updating members on progress made with the review of the licensing fees and charges for 2013/14. Additional documents: Decision: RESOLVED that – (a) the report be received and noted, and (b) a full review of fees and charges be submitted to a future meeting of the Licensing Committee. Minutes: The Licensing Officer (NJ) submitted a report
by the Head of Planning and Public Protection Services (previously circulated)
updating members on progress made with the review of the licensing fees and
charges for 2013/14. A sample timesheet
used in the calculation process had been attached to the report. The committee was advised of the comprehensive
review of each licensing function and the methodology used in order to set an
appropriate level of fees together with the difficulties involved within the process. The recovery of costs for the Licensing
software would also need to be factored into any fees and charges. Specialist legal advice was being sought on
the calculation of licensing fees in order to avoid any legal challenges. It was anticipated that a full review of the
fees and charges would be submitted to the next meeting of the committee in
March 2013. Members took the opportunity to raise questions
with the officers and sought clarification on whether various aspects of the
licensing function could be re-charged in order to ensure a self financing
function. A particular query was raised
regarding the costs incurred for the Licensing Committee such as members’ and
officers’ time. The Licensing Officer
(NJ) responded to members’ questions advising that, where possible, the
licensing fees charged aimed to recoup the cost of administering the function
and that specialist legal advice was being sought to ensure the calculation of
fees was appropriate for each individual function. Advice was also being sought as to whether
time spent at Licensing Committee could be offset against licensing fees. Further information would need to be sought
from the licensing budget holders in order to fully answer members’ questions
regarding specific expenditure on particular functions. It was noted that Emlyn
Jones had recently been appointed Public Protection Manager with responsibility
for the licensing function. Councillor Joan Butterfield referred to the
licensing training required by all committee members and queried the role of
observers at Licensing Committee and the extent their involvement was permitted
in matters being considered. The
Principal Solicitor agreed to check the issue with the Monitoring Officer and report
back. The committee acknowledged the time and effort
spent on the review and took the opportunity to thank the officers for their
hard work. RESOLVED that – (a) the report be received and noted, and (b) a full review of fees and charges be submitted to a future
meeting of the Licensing Committee. |
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To consider a report by the Head of Planning and Public Protection (copy enclosed) outlining the new powers available to the Licensing Authority from 31 October 2012 under amendments to the Licensing Act 2003 to make Early Morning Restriction Orders and impose Late Night Levies. Decision: RESOLVED that – (a) the content of the report on Late Night Levies and Early
Morning Restriction Orders be noted, and (b) the
making of Early Morning Restriction Orders and the imposition of Late Night
Levies not be supported and the views of the Licensing Committee be submitted
to County Council when considering the report on this matter. Minutes: The Licensing Officer (NJ) submitted a report
by the Head of Planning and Public Protection Services (previously circulated)
outlining the new powers available to the Licensing Authority from 31 October
2012 under amendments to the Licensing Act 2003 to make Early Morning
Restriction Orders (EMRO) and impose Late Night Levies (LML). Members were provided with some background
information regarding the introduction of EMROs and LNLs which were intended to tackle alcohol related crime
and disorder and to help to pay for extra enforcement costs associated with
late opening premises. Key points of
note included – LATE NIGHT LEVIES (LNLs) ·
powers for
local authorities to introduce a charge for premises selling alcohol late at night
for the extra enforcement costs generated for police and local authorities ·
if introduced
the Council would need to decide the time at which the levy applied in the area
(restricted to between ·
the levy would
need to be applied to all premises (unless an exemption category applied) selling
alcohol in the levy period and could not be confined to a particular town or
area ·
following deductions
by the local authority for administering and introducing the scheme at least 70%
of the amount must be passed to the Police ·
the Police
did not have to spend their proportion of the levy in local areas where it had
been collected or on policing associated with alcohol related crime and disorder
although North Wales Police had indicated they would spend the levy on licensing
matters if it was introduced ·
details of
the charges to premises if introduced based upon rateable value ·
approximately
175 premises would be affected by the levy. EARLY MORNING RESTRICTION ORDERS (EMROs) ·
an EMRO would
apply to premises licences, club premises certificates and temporary event notices
that operated within the specified EMRO area ·
there was
a requirement to advertise the proposal to make the EMRO and local authorities
needed to demonstrate they had evidence to justify doing so and to consider representations
before its introduction. During consideration of the report members took the opportunity to clarify a number of issues with the officers regarding the new powers available to make LNL and EMROs. Members noted that the levy had been set at a national level and raised concerns regarding the significant charges which would be imposed on premises across the county if the Council chose to introduce the levy regardless of whether or not those premises were located in particular problem areas in terms of alcohol related crime and disorder. The committee recognised that businesses were already struggling in the current economic climate and felt that the introduction of a levy on licensed premises would likely cause many of them to go out of business. The Council was working hard to regenerate its towns and communities and the late night economy and the committee considered the introduction of such a hefty levy would further damage the local economy. It was noted that the Police were in favour of the introducing a levy and the revenue it would bring and had indicated that, although there was no requirement, they would spend that revenue on licensing matters. However, members noted that the Council would have no control over the allocation of that revenue and were concerned that the local authority would be responsible for collecting the levy and if premises did not pay then the Council would still be liable for that fee. With regard to the introduction of EMROs the Chair felt they might prove a useful tool in tackling ... view the full minutes text for item 11. |