Agenda and draft minutes
Venue: Conference Room 1a, County Hall, Ruthin
Contact: Committee Administrator (KEJ)
No. | Item |
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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. Minutes: In accordance with the appointment process
written statements had been made available to the committee from Councillors
Stuart Davies, Barry Mellor and Cefyn Williams for
the position of Chair of the Licensing Committee for 2012/13. Councillor Peter Owen proposed, seconded by
Councillor Richard Davies that Councillor Stuart Davies be appointed
Chair. Councillor Arwel
Roberts proposed, seconded by Councillor William Cowie
that Councillor Cefyn Williams be appointed
Chair. Councillor Joan Butterfield
proposed, seconded by Councillor Brian Blakeley that Councillor Barry Mellor be
appointed Chair. Following a secret ballot, undertaken in
accordance with Standing Order No. 14.4, it was – RESOLVED that Councillor Stuart Davies 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. Minutes: The Chair invited nominations for the position
of Vice Chair of the Licensing Committee for 2012/13. Councillor Joan Butterfield proposed,
seconded by Councillor Brian Blakeley that Councillor Barry Mellor be appointed
Vice Chair. Councillor Arwel Roberts proposed, seconded by Councillor William Cowie that Councillor Cefyn
Williams be appointed Vice Chair. There
being no further nominations and upon being put to the vote it was – RESOLVED that Councillor Cefyn
Williams 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. Minutes: No declarations of personal or prejudicial
interest had been raised. At this point the Chair indicated his intention
to vary the order of the agenda to accommodate those Applicants 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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REVIEW OF A LICENCE TO DRIVE HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLES - APPLICANT NO. 041088 To consider a confidential report by the Head of Planning, Regeneration and Regulatory Services (copy enclosed) seeking members’ review of a licence to drive hackney carriage and private hire vehicles in respect of Applicant No. 041088. Additional documents:
Minutes: [This item was brought forward on the agenda
with the consent of the Chair] A confidential report by the Head of Planning,
Regeneration and Regulatory Services (previously circulated) was submitted upon
– (i)
the
suitability of Applicant No. 041088 to hold a licence to drive hackney carriage
and private hire vehicles; (ii)
a
complaint having been made regarding the Applicant involving the proxy sale of
alcohol to a person under the age of eighteen (a summary of facts together with
witness statements and a record of interview with the Applicant having been
attached to the report); (iii)
the North
Wales Police having subsequently issued a Penalty Notice to the Applicant for
proxy sale of alcohol to an underage person, and (iv)
the
Applicant having been invited to attend the meeting in support of his licence
review and to answer members’ questions thereon. The Community Safety Enforcement Officer
(CSEO) introduced the report and the facts of the case during which it was established
that the Applicant had admitted the offence.
Members were reminded that this matter had been deferred from the
committee’s last meeting at the Applicant’s request to enable him to attend. The Applicant expressed his deep regret over
the incident which may have been due in part to an error of judgment whilst he
had been preoccupied with other matters.
In support of his case the Applicant had provided written character
references from both his previous and current employer who had attested to his
good character and subsequent remorse.
In response to members’ questioning the Applicant explained the
circumstances of the case confirming the offence had not been premeditated and
he acknowledged the seriousness of his actions.
The CSEO confirmed that he was not aware of any previous incidents
involving the Applicant who had been clear and direct in his dealings with
officers. In making his final statement
the Applicant reiterated his remorse over the incident and assured members it
would not be repeated. At this juncture the committee adjourned to
consider the case and it was – RESOLVED that Applicant No. 041088 was considered a fit and proper person to hold a hackney carriage and private hire vehicle drivers licence but that a warning be issued as to his future conduct. The reasons
for the Licensing Committee’s decision were as follows – Members had
taken into account the Applicant’s deep remorse over his actions and his
honesty in his subsequent dealings with officers over the incident. The references provided by the Applicant also
evidenced that the incident had been completely out of character and had
attested to his previous good conduct.
Accordingly the committee considered the Applicant to be a fit and
proper person to hold a licence but felt it was appropriate to issue a formal
warning in light of the offence. |
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APPLICATION FOR A LICENCE TO DRIVE HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLES - APPLICANT NO. 042869 To consider a confidential report by the Head of Planning, Regeneration and Regulatory Services (copy enclosed) seeking members’ determination of an application for a licence to drive hackney carriage and private hire vehicles from Applicant No. 042869. Additional documents:
Minutes: A confidential report by the Head of Planning,
Regeneration and Regulatory Services (previously circulated) was submitted upon
– (i)
an
application having been received from Applicant No. 042869 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 motoring offences; (iv)
a
letter having been received from the Applicant (Appendix 1 to the report) in
support of his application; (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 the Applicant had been free of motoring
offences. The Applicant addressed the committee in
support of his application advising that he had turned his life around since
the offences took place and that he needed a licence
in order to work and support his family.
He added that his driving ban had been reduced from 24 months to 18
months after he had attended a course recommended by the court. In response to questions the Applicant
confirmed that he had stopped drinking following his driving ban; detailed his
family commitments, highlighted his past experience working as a licensed
driver and his employment history. He
also confirmed that he had been guaranteed a job if he was granted a licence. The
Licensing Officer confirmed that the Applicant had been fully co-operative
throughout the process and in his dealings with officers. 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. 042869 be granted and a warning
issued regarding the seriousness of his offences 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 he had turned his life around
since the time the offences had been committed and had stopped drinking. 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. 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 his previous offences. |
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REVIEW OF SIX LICENCES TO DRIVE HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLES To consider a confidential report by the Head of Planning, Regeneration and Regulatory Services (copy enclosed) seeking members’ review of six 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:
Minutes: The Licensing Officer (JT) submitted a
confidential report by the Head of Planning, Regeneration and Regulatory
Services (previously circulated) seeking members’ consideration of the
suitability of six Applicants numbered 040517; 038993; 039711; 039820; 039981
and 039853 (corresponding individual reports listed at Appendix 1 – 6
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. During consideration of the reports some
general questions were put to the officers regarding the introduction of the
tests and processes for existing drivers together with the content of the
knowledge test and details of pass rates.
Members expressed some concern regarding the lack of response by the
licensed drivers despite numerous reminders and the officers advised that those
in breach of the Council’s requirement to undertake the test could not be
attributed to one particular firm or operator.
Members considered the individual circumstances relating to each
Applicant separately, treating each case on its own merits as follows – (1) Applicant No. 038993 (Appendix
2) – Renewal Date The Applicant had failed a driver knowledge
test on The Applicant advised that (1) his
understanding of the Licensing Committee on 23 June 2010 had been to introduce
the knowledge test for new applicants only and not existing drivers, (2)
despite requests he had not been issued with the ‘blue book’ (the Hackney
Carriage & Private Hire Licensing Conditions) on which some of the
questions in the knowledge test were based, and (3) he had other
responsibilities and conflicting demands on his time over the past twelve
months and had not had the opportunity to retake the test. He also advised that the witness he wished to
call in support of his case had been unavailable. Members took the opportunity to raise questions
with the Applicant regarding his belief that the test did not apply to existing
drivers and the efforts he had made to obtain a copy of the ‘blue book’. In response to a direct question the Applicant
confirmed that he would be willing to retake the knowledge test. The Applicant indicated that he did not wish
to make a final statement but thanked members for the opportunity to present
his case. At this juncture the committee adjourned to
consider the case and it was – RESOLVED
that consideration of the suitability of the Applicant No. 038993 be deferred
to enable the Applicant to be provided with a copy of the Hackney Carriage
& Private Hire Vehicle Licensing Conditions and the opportunity to sit the
driver knowledge test within the next seven days. Failure by the Applicant to successfully
undertake the knowledge test would result in the matter being brought back
before the committee. The reasons for the Licensing Committee’s decision were as follows – ... view the full minutes text for item 7. |
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OPEN SESSION Upon completion of the above the meeting resumed in open session. |
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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. Minutes: No urgent matters had been raised. |
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MINUTES OF THE LAST MEETING PDF 129 KB To receive the minutes of the Licensing Committee held on Minutes: The minutes of the Licensing
Committee held on RESOLVED that minutes of the meeting held on |
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REVIEW - GAMBLING ACT 2005 STATEMENT OF PRINCIPLES PDF 53 KB To consider a report by the Head of Planning, Regeneration and Regulatory Services (copy enclosed) seeking members’ approval of the content of the Council’s Statement of Principles (Gambling Act 2005) for formal consultation prior to submission to Full Council for adoption. Additional documents: Minutes: The Licensing Officer (NJ) submitted a report
by the Head of Planning, Regeneration and Regulatory Services (previously
circulated) seeking members’ approval of the content of the Council’s Statement
of Principles (Gambling Act 2005) for formal consultation prior to submission
to Full Council for adoption. A copy of
the reviewed Statement of Principles (Appendix A) had been attached to the
report. Members were advised that the Council was
required to review the Statement of Gambling Principles every three years. The Statement had been developed by the six
Licensing Authorities in RESOLVED that – (a)
the content of the Council’s Statement of
Principles (Gambling Act 2005) attached to the report (Appendix A) be agreed
for formal consultation, and (b)
subject to no
further amendment being required following the consultation process the
Statement of Principles be recommended to Full Council for adoption. |
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REVIEW OF HACKNEY CARRIAGE FARES AND CHARGES PDF 58 KB To consider a report by the Head of Planning, Regeneration and Regulatory Services (copy enclosed) seeking members’ review of the current fares and charges for hackney carriage (taxis). Additional documents:
Minutes: The Licensing Officer (NJ) submitted a report
by the Head of Planning, Regeneration and Regulatory Services (previously
circulated) upon – (i)
two
requests having been received for a review of the current fares and charges for
hackney carriage (taxis) which had previously been approved by the Licensing
Committee on 23 June 2010 (Appendix A to the report); (ii)
an
extract from the National Private Hire Monthly Magazine showing a league table
of taxi fares throughout the UK (Appendix B to the report) with Denbighshire
listed at number 219 from a total number of 363; (iii) a league table showing that
Denbighshire was listed at eighth out of twenty two Welsh authorities (Appendix
C to the report); (iv)
details
of the proposals received from the trade including a table showing the cost of
journeys if the proposal of 20 pence was added to the start price (Appendix D
to the report); (v)
ten
responses having been received from the trade following consultation on the
proposals (Appendix E to the report) with the majority opposing any increase in
fares due to the current economic climate and a number of firms operating a ‘£3
anywhere in Rhyl’ fare; (vi)
details
of costs affecting vehicle operators since the last fare increase in 2010
relating to insurance and vehicle purchase cost and fuel prices, and (vii) the options available to members in reviewing the current fares and
charges for hackney carriages. Members considered the merits and otherwise
of the proposals for increasing the hackney carriage fares and charges together
with the responses received from the trade following the consultation exercise
and the additional information provided by officers as detailed within the
report. During the ensuing debate Councillors
Brian Blakeley and Joan Butterfield highlighted that a number of Rhyl taxi firms had been operating a ‘£3 anywhere in Rhyl’ fare with recent notification of that fare being
undercut by rival firms and taxi drivers were struggling to make a living in
difficult circumstances. The Licensing
Enforcement Officer clarified that the Council had powers to set maximum fares
and charges for taxis but drivers could charge less should they wish to do so
and the Council had no control over the discounting of fares. With regard to the pilot scheme to issue all
vehicle operators with “sick bags” for customers use members welcomed the
initiative which was being funded by the Community Safety Team. In view of the price competition between taxi
firms and the fact that the licensing authority had no control over such
promotions, and given that the majority of responses received to the
consultation had opposed any increase in fares and charges, Councillor
Barry Mellor proposed, seconded by Councillor Joan
Butterfield that the proposals detailed in 5.2 of the report be rejected and
the current fares and charges be retained.
Consequently it was – RESOLVED that the proposals as detailed in 5.2 of the report be rejected and the current fares and charges not be increased. |
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NEW CONSTITUTION AND THE DELEGATION OF COUNCIL FUNCTIONS PDF 44 KB To consider a report by the Deputy Monitoring Officer (copy enclosed) seeking members’ approval of the relevant Delegation of Functions and the scheme of Delegation to officers as set out in the report. Additional documents: Minutes: The Principal Solicitor submitted a report by
the Deputy Monitoring Officer (previously circulated) seeking members’ approval
of the relevant Delegation of Functions and the scheme of Delegation to
Officers as set out in the report and attached appendices following a review of
the Council’s Constitution. Changes to the constitution had been proposed
to make the Council’s functions and delegations more transparent. Part 3 had been amended to provide greater
clarity on the responsibilities of individual committees (Appendix 1 to the
report) and Part 9.2 had been amended to include details of the delegations to
Heads of Service (Appendix 2 to the report.)
Those sections with particular reference to the Licensing Committee had
been highlighted within the appendices to the report. The Principal Solicitor added that the
changes did not include any new proposals but brought together in one place the
committee’s responsibilities and delegation of functions. With regard to Part 3, Table 1, 11 – the
discharge of any function relating to the control of pollution or the
management of air quality, Councillor Joan Butterfield advised that the
Licensing Committee had not previously considered matters of that nature. The Principal Solicitor agreed to check that
reference with the Deputy Monitoring Officer. Whilst accepting that the issue fell outside
the remit of the Licensing Committee the Principal Solicitor agreed to feedback
Councillor Butterfield’s comments to the Deputy Monitoring Officer that she
would like to see the Member Area Groups involved as part of the consultation
process in view of the impact on the county’s towns and villages in respect of
highway functions (Part 3, Table 1, 18). Members supported the greater clarity and
transparency in terms of responsibility and decision making arising from the
amendments made to Part 3 and Part 9.2 of the constitution. Having considered the detail of the report
and appendices it was – RESOLVED that, subject to checking the reference to inclusion of functions relating to the control of pollution or the management of air quality being within the remit of the Licensing Committee, the relevant Delegation of Functions and the Scheme of Delegation to Officers as set out in the report and highlighted in the appendices attached to the report be approved. |
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LICENSING COMMITTEE FORWARD WORK PROGRAMME 2012/13 PDF 31 KB To consider the Licensing Committee’s Forward Work Programme (copy enclosed). Minutes: A report by the Head of Planning, Regeneration
and Regulatory Services was submitted (previously circulated) on the Licensing
Committee’s future work programme. RESOLVED
that the Licensing Committee work programme as
detailed within the report be noted. The
meeting concluded at 4.00 p.m. |