Agenda, decisions and draft minutes
Venue: Council Chamber, Russell House, Rhyl
Contact: Committee Administrator (KEJ)
No. | Item |
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APOLOGIES Decision: There were no apologies. Minutes: There were no apologies. |
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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 written
statements had been made available to the committee from Councillors Barry
Mellor and Cefyn Williams for the position of Chair of the Licensing Committee
for 2014/15. Councillor Joan Butterfield
proposed, seconded by Councillor Pat Jones that Councillor Barry Mellor be
appointed Chair. Councillor Stuart
Davies proposed, seconded by Councillor Peter Owen that Councillor Cefyn Williams
be appointed Chair. Following a ballot
undertaken in accordance with Standing Order No. 14.4, 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 Barry Mellor be
appointed Vice Chair of the Licensing Committee for the ensuing year. Minutes: The Chair invited nominations for Vice Chair of the
Licensing Committee for 2014/15.
Councillor Joan Butterfield proposed, seconded by Councillor Pat Jones
that Councillor Barry Mellor be appointed Vice Chair. It was subsequently – RESOLVED that Councillor Barry Mellor be
appointed Vice Chair of the Licensing Committee for the ensuing year. |
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DECLARATIONS OF INTEREST Members to declare any personal or prejudicial interests in any business identified to be considered at this meeting. Decision: Councillor Cefyn Williams declared a personal interest in Agenda Item 12. Minutes: Councillor Cefyn Williams declared a personal interest
in Agenda Item 12 – Application for a Licence to Driver Hackney Carriage and
Private Hire vehicles because he knew the applicant in question. |
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URGENT MATTERS 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 114 KB To receive the minutes of the Licensing Committee held on 5 March 2014 (copy enclosed). Decision: RESOLVED that the minutes
of the meeting held on 5 March 2014 be received and confirmed as a correct
record. Minutes: The minutes of the Licensing Committee held on
5 March 2014 were submitted. RESOLVED that the minutes of the meeting held on 5 March 2014 be received and
confirmed as a correct record. |
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DRAFT SUPPLEMENTARY PLANNING GUIDANCE - HOT-FOOD TAKEAWAYS PDF 51 KB To consider a report by the Head of Planning and Public Protection (copy enclosed) seeking members’ views on the draft Supplementary Planning Guidance document on hot-food takeaways prior to public consultation. Additional documents:
Decision: RESOLVED that, subject to members’ comments, the draft Supplementary Planning
Guidance document on hot-food takeaways be received and noted. Minutes: The Planning Policy Manager and Planning
Officer presented a report by the Head of Planning and Public Protection
(previously circulated) seeking members’ views on the draft Supplementary
Planning Guidance (SPG) document on hot-food takeaways prior to its submission
to Planning Committee and public consultation.
The Local Development Plan Steering Group had requested the guidance be
presented to the Licensing Committee in view of the clear links with licensing. Members were advised of the need to update
existing SPGs following adoption of the Local Development Plan in June
2013. Following a review of this
particular guidance some minor changes had been proposed but the main change
was the proposal to introduce a restriction on new hot-food takeaways within
400m of any school boundary. Officers
elaborated upon other considerations within the document of particular interest
to licensing and emphasised that the guidance would only apply to new planning
applications and would not affect existing hot-food takeaway premises. During consideration of the draft guidance
discussion focused on the following – ·
the committee
supported the proposal to introduce an exclusion zone near schools and was keen
for this restriction to be extended to mobile hot food businesses with greater
controls exercised over mobile traders generally and proactive
enforcement. Officers explained the
legalities governing mobile traders advising they could not be regulated via
the planning mechanism but through Street Trading Consents and Hawkers
Licences. It was agreed that reference
be made to street trading within the guidance clarifying those areas of
responsibility and control. However,
concerns remained that adequate controls could not be exercised over particular
traders which fell outside the Council’s legislative jurisdiction ·
members
reported upon existing traffic and parking problems experienced near
established hot-food takeaways and lack of enforcement and officers provided
assurances that consultation with Highways formed part of the planning process
for new applications ·
reference was made
to paragraph 6.7 regarding litter and members felt that those measures should
be strengthened and made mandatory if possible. The Planning Policy Manager advised that
members’ comments would be put before Planning Committee in July when
considering the draft document. She
added that members would have a further opportunity to comment during the
formal consultation stage. RESOLVED that, subject to the above comments, the draft Supplementary Planning
Guidance document on hot-food takeaways be received and noted. |
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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 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. 051261 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. 051261. Additional documents:
Decision: RESOLVED that the application for a hackney carriage and private hire vehicle drivers licence from Applicant No. 051261 be granted. Minutes: [This item was brought forward on the agenda
with the consent of the Chair.] A confidential report by the Head of Planning
and Public Protection (previously circulated) was submitted upon – (i)
an application received from
Applicant No. 051261 for a licence to drive hackney
carriage and private hire vehicles; (i)
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 motoring convictions detailed on the applicant’s DVLA Licence; (ii)
a summary of the convictions
disclosed having been provided which related to a number of offences spanning a
period from 1988 to 2010 including incidents relating to traffic offences,
drunkenness and other related offences and dishonesty; (iii)
the Council’s current policy
with regard to the relevance of convictions, and (iv)
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 elaborating upon his personal circumstances and recent move
back to the area. Despite his
convictions he described himself as a good person and expressed his desire to
return to his profession as a taxi driver.
The Applicant responded to questions from members regarding the
potential anomaly on his criminal record disclosure and his own personal
disclosure; the circumstances surrounding his most recent conviction, and his
potential employment opportunities.
Members also sought evidence of the Applicant’s fitness to drive
licensed vehicles and were advised of his recent employment history and
assurances that references could be provided to attest to his good
character. In making his final statement
the Applicant hoped that he had answered members’ questions to their
satisfaction and that he would be given the opportunity to prove himself as a
taxi driver. 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. 051261 be granted. The reasons for the Licensing Committee’s
decision were as follows – Members considered the report and responses
provided by the Applicant to questions.
The committee found the Applicant to be genuine in his responses and
accepted his assurances as to his future behaviour and
consequently considered him to be a fit and proper person to hold a licence. In light of
his previous convictions the Applicant was also issued with a warning as to his
future conduct. 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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OPEN SESSION Upon completion of the above business the meeting resumed in open session. |
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PROPOSED AMENDED PENALTY POINT POLICY AND PROCEDURE PDF 51 KB To consider a report by the Head of Planning and Public Protection (copy enclosed) presenting an amended Penalty Point Policy and procedure for approval. Additional documents:
Decision: RESOLVED that a special
meeting be convened to consider the Penalty Point Scheme and Procedure in
detail taking into account the views of the taxi and private hire trade. Minutes: The Licensing Officer (NJ) submitted a report
by the Head of Planning and Public Protection (previously circulated)
presenting an amended Penalty Point Policy and procedure for approval. [The existing penalty point scheme had not
been implemented following its approval because of concerns at that time over
the validity of such schemes.] Officers reported upon the legalities of
implementing a penalty point system and the need to ensure the scheme did not
remove the authority’s discretion and allowed for an appropriate appeals
process. The policy aimed to improve
standards in the hackney carriage and private hire trade and work in
conjunction with other enforcement options to identify those individuals who
repeatedly behaved in a manner which, if taken as a whole, indicated they were
not fit and proper persons to hold a licence.
Consultation had taken place and the views of the respondents had been
summarised in the report and taken into account when formulating the final
document. Those respondents had also
been invited to attend the meeting.
Councillor Stuart Davies thought the committee should be consulted on
policy issues and proposals prior to the licensed trade and other interested
parties. Members welcomed the introduction of a penalty
point scheme as a means of improving behaviour and raising standards but were
keen to ensure the scheme was equitable, particularly in the allocation of
penalty points, and sought assurances in that regard. Officers confirmed the scheme was comparable
with those implemented by other local authorities and advice had been sought
from James Button, Solicitor on the reasonableness of the scale of points. Points would be allocated appropriately depending
upon the circumstances of the offence. At the Chair’s invitation, Mr.
Les Peake, Coastline Taxis addressed the committee
expressing support for the scheme provided it was implemented and policed
properly. He added that in order to
maintain vehicle standards it would be necessary to prohibit cut price fare
charging. Mr.
Ian Armitage and Mr. Gareth
Jones stated that they represented the views of a number of licensed drivers in
Rhyl. The
increase in the number of breaches subject to a penalty under the new scheme
was highlighted (from 28 to 58) and although most of the proposals were
supported there were a small number which caused concern. Of particular concern was the lack of
provision for toilet breaks with taxi drivers being penalised for leaving their
vehicle unattended on a taxi rank.
Officers explained it was an offence to leave a vehicle unattended on a
rank and the proposal attempted to address the abuse of ranks by drivers who
had in the past left their vehicles to go shopping. A common sense approach would be taken to the
allocation of points in all circumstances. In light of the concerns raised by the taxi
trade and poor response to consultation members felt the proposals required
further detailed consideration before a final policy was approved. Consequently it was – RESOLVED
that a special meeting be convened to consider the Penalty Point Scheme and
Procedure in detail taking into account the views of the taxi and private hire
trade. At this juncture (11.00 a.m.) the meeting
adjourned for a refreshment break. |
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PROPOSED HACKNEY CARRIAGE INTENDED USE POLICY PDF 69 KB To consider a report by the Head of Planning and Public Protection (copy enclosed) presenting the Hackney Carriage Intended Use Policy for approval to full Council for adoption. Additional documents: Decision: RESOLVED that the proposed Hackney Carriage Intended Use Policy be supported and recommended to Full Council for adoption. Minutes: The Licensing Officer (NJ) submitted a report by
the Head of Planning and Public Protection (previously circulated) presenting
the Hackney Carriage Intended Use Policy for approval to full Council for
adoption. The difficulties associated with hackney carriages
licensed by an authority undertaking private hire work outside of that
council’s area were highlighted, particularly for officers carrying out
compliance and enforcement duties. The
Directors of Public Protection Wales (DPPW) Licensing Technical Panel
recognised the safety implications of vehicles operating predominantly in this
manner and recommended a policy for adoption by all Welsh local authorities to
ensure a consistent and transparent approach across Wales when determining the
intended use of hackney carriage vehicles.
No objections had been received to the proposed policy following
consultation. Whilst accepting the policy members highlighted
problems with its enforcement and implementation, particularly in terms of
ascertaining the Applicants’ true intentions for operating under the terms of
the licence and reliance on assurances provided by them in that regard. It was requested that this point be made to
the DPPW Licensing Technical Panel as author of the policy. Members also felt that hackney carriage
proprietors found in breach of the policy should be severely dealt with. RESOLVED that the proposed Hackney Carriage Intended Use Policy be supported and recommended to Full Council for adoption. |
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To consider a report by the Head of Planning and Public Protection (copy enclosed) presenting a revised Relevance of Conviction Policy for hackney carriage and private hire vehicle drivers and operators for approval. Additional documents:
Decision: RESOLVED that the revised Hackney Carriage and Private Hire Conviction Policy as detailed in Appendix B to the report be approved. Minutes: The Licensing Officer (NJ) submitted a report by
the Head of Planning and Public Protection (previously circulated) presenting a
revised Relevance of Conviction Policy for hackney carriage and private hire
vehicle drivers and operators for approval. Local authorities in Wales had been reviewing the
guidance in respect of relevant convictions and had decided through the
Directors of Public Protection Wales (DDPW) Licensing Technical Panel to
recommend an updated guidance relevant to current situations arising in taxi
licensing. The DPPW recommended the
policy for adoption by all Welsh local authorities to ensure a consistent and
transparent approach across Wales when determining whether or not an applicant
or an existing licence holder was a fit and proper person to hold a hackney
carriage or private hire driver/operator licence. Whilst officers and members would have regard
to the guidelines each case would be considered on its individual merit and
where circumstances demand the officer/committee may depart from the
guidelines. No objections had been
received to the proposed policy following consultation. Members were content to accept the revised policy
and it was – RESOLVED that the revised Hackney Carriage and Private Hire Conviction Policy as detailed in Appendix B to the report be approved. |
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LICENSING COMMITTEE FORWARD WORK PROGRAMME 2014/15 PDF 36 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’s work programme be approved. Minutes: A report by the Head of Planning and Public
Protection was submitted (previously circulated) on the Licensing Committee’s
future work programme and members noted two minor amendments. Councillor Joan Butterfield suggested that the
amended Penalty Point Policy and Procedure be provisionally scheduled for the
committee’s September meeting. RESOLVED that the Licensing Committee’s work programme be approved. |
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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 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. 051260
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. 051260. Additional documents:
Decision: RESOLVED that the application for a hackney carriage and
private hire vehicle drivers licence
from Applicant No. 051260 be deferred to the committee’s next meeting. Minutes: [Councillor Cefyn
Williams declared a personal interest and left the meeting during consideration
of this item. Councillor Barry Mellor
(Vice Chair) took the Chair.] A confidential report by the Head of Planning
and Public Protection (previously circulated) was submitted upon – (i)
an application received from
Applicant No. 051260 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; (iii)
a summary of the convictions
disclosed having been provided which related to a number of offences spanning a
period from 1965 to 1995 including incidents relating to theft, traffic
offences, drunkenness and other related offences 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. Members were advised
that the Applicant was not in attendance but had submitted a letter (circulated
at the meeting) in support of his application.
The letter did not explain the Applicant’s absence. Following consideration members agreed that
the application be deferred to the committee’s next meeting to provide a
further opportunity for the Applicant to attend. RESOLVED that the application for a hackney carriage and
private hire vehicle drivers licence
from Applicant No. 051260 be deferred to the committee’s next meeting. The meeting concluded at 11.40 a.m. |