Agenda and minutes

Licensing Committee - Tuesday, 20th May, 2014 10:00

Venue: Council Chamber, Civic Offices, Angel Street, Bridgend

Contact: Mr Mark Anthony Galvin  Senior Democratic Services Officer - Committees

Items
No. Item

1.

Apologies for Absence

To receive apologies for absence (to include reasons, where appropriate) from Members/Officers.

Minutes:

Apologies were received from the following Members for the reasons so stated:

 

Councillor C J James          -           Other Council business

Councillor P James             -           Other Council business

Councillor P N John            -           Unwell

Councillor H E Morgan        -           Unwell

Councillor B Jones              -           Personal reasons

 

2.

Declarations of Interest

To receive declarations of personal and prejudicial interest (if any) from Members/Officers in accordance with the provisions of the Members' Code of Conduct adopted by Council from 1st September 2008.

Minutes:

None.

 

3.

Appointment of Licensing Sub-Committee(s). pdf icon PDF 24 KB

Additional documents:

Minutes:

            The Licensing and Registration Officer presented a report to propose the membership of the Licensing Sub-Committees, which sit under the two main Licensing Committees, to discharge the Authority’s licensing functions.  A report establishing the membership of the Licensing Act 2003 Committee and the Licensing Committee went to the Annual Meeting of Council on the 14th May 2014, explaining the reasons for establishing two Committees to discharge the various licensing functions set out in Appendix 1 to the report.

 

            It was proposed that the Licensing Committee continue with the existing arrangements with the formation of two Sub-Committees sitting on a rota basis, consisting of seven Members of the Licensing Committee, chaired by the Chairperson and Vice Chairperson of the Licensing Committee where possible.  These two Sub-Committees will undertake all licensing functions, including taxi licensing, street trading, marriage approvals etc. as necessary.

 

RESOLVED:         The Committee approved the formation of the following two Sub-Committees chaired by the Chairperson and Vice-Chairperson of the Licensing Committee sitting on a rota basis, each consisting of seven Members of the Licensing Committee:

 

                              

Licensing Sub-Committee A

Councillor R Williams (Chair)

 

Councillor J Lewis

 

Councillor P James

 

Councillor R D Jenkins

 

Councillor B Jones

Councillor H E Morgan

 

Councillor E Venables

 

Licensing Sub-Committee B

Councillor D R Lewis(Chair)

 

Councillor G W Davies MBE

Councillor P A Davies

 

Councillor E Dodd

Councillor C J James

 

Councillor P John

 

Councillor D G Owen

 

 

4.

Appointment of Licensing Act 2003 Sub-Committee(s) pdf icon PDF 25 KB

Additional documents:

5.

Exclusion of the Public

Minutes:

RESOLVED:         That under section 100A(4) of the Local Government Act 1972 as amended by the Local Government (Access to Information) (Variation) (Wales) Order 2007, the public be excluded from the meeting during consideration of the following item of business as it contains exempt information as defined in Paragraph12 of Part 4, and Paragraph 21 of Part 5 of Schedule 12A of the Act.

                       

Following the application of the public interest test it was resolved that pursuant to the Act referred to above to consider this item in private, with the public excluded from the meeting, as it was considered that in all the circumstances relating to the item, the public interest in maintaining the exemption outweighed the public interest in disclosing the information, because the information would be prejudicial to the applicants.

                                                                       

 

Minute No.

Summary of Item:

 

 

54

 

55

 

Exempt minutes of a previous meeting.

 

Determination of Action for Existing Licence Holder.

 

6.

Approval of Confidential Minutes

To receive the confidential minutes of a meeting of the Licensing Committee held on the 10 April 2014.

Minutes:

RESOLVED:            That the exempt minutes of the meeting of the Licensing Committee of the 10th April 2014 were approved as a true and accurate record.

 

 

7.

Determination of Action for Existing Licence Holder

Minutes:

The Chairperson accepted this item as urgent, in accordance with Rule 4 of the Council’s Procedure Rules as set out at Part 4 of the Constitution, to enable the Licensing Committee to consider a public safety issue relating to a taxi driver.

 

The Assistant Chief Executive - Legal and Regulatory Services submitted a confidential report to consider whether any action should be taken in relation to an existing taxi driver licence holder following the receipt of information to Council by the South Wales Police.

 

8.

Town Police Clause Act 1847 - Local Government (MISCELLANEOUS PROVISIONS) Act 1976 -Disciplinary Hearing for Existing Licence Holder

Minutes:

Mr Clifford Richard William Smith

          1 Lougher Place, North Cornelly, Bridgend

 

          The Licensing and Registration Officer informed the Committee that the Licensing Section had written to Mr Smith inviting him to attend today’s Hearing; however there had been no confirmation from him that he would attend, and he subsequently did not.

 

          She advised the Committee that on the 15th May 2014, Mr Smith was charged with assaulting a female aged 13 and over by penetration with part of body/a thing.  Mr Smith is due to appear at Bridgend Magistrates Court on the 30th May 2014, with conditions that he does not contact/approach directly/indirectly any witnesses, or enter Marlas Estate, Pyle.

 

          The Licensing and Registration Officer advised the Committee that the Local Government (Miscellaneous Provisions) Act 1976 empowers the Authority to suspend or revoke the licence of a driver.  She explained that that although the matter before the Committee was not a conviction, the legislation makes provision for dealing with information in the Council’s possession which raises concern as to whether a person remains a fit and proper person to hold a licence during the period when a Police investigation is underway.

 

          The Committee adjourned to discuss the matter and upon their return it was

 

RESOLVED:            That the Committee determined that Mr Smith was not a fit and proper person to continue to hold a taxi driver licence, having regard to the information contained within the report, and therefore revoked his licence to drive Hackney Carriage and Private Hire Vehicles.

 

 

The meeting closed at 10.30am.