Agenda and minutes

Licensing Sub-Committee A
Tuesday, 31st July, 2018 10:00

Venue: Committee Rooms 2/3, Civic Offices Angel Street Bridgend CF31 4WB

Contact: Michael Pitman  Business Administrative Apprentice

Items
No. Item

117.

Apologies for Absence

To receive apologies for absence from Members.

Minutes:

None

118.

Approval of Minutes pdf icon PDF 65 KB

To receive for approval the Minutes of the 08/05/2018 and 05/06/2018

Additional documents:

Minutes:

RESOLVED: That the public Minutes of a meeting of the Licensing Sub-Committee (A) dated 08 May 2018 and 05 June 2018, be approved as a true and accurate record.

119.

Application To Licence Private Hire Vehicle pdf icon PDF 89 KB

Minutes:

The Head of Legal and Regulatory Services submitted a report, which asked the Sub Committee to consider an application to grant a license for a Private Hire Vehicle.

 

The application was made by Forge Travel Limited, to licence a Volkswagen Transporter, vehicle registration number GF16 GBO as a private hire vehicle to seat 8 persons. The vehicle was preowned and was first registered at the DVLA on 30 March 2016.

 

The meeting was briefly adjourned for Members to inspect the vehicle.

 

Upon recommencing the meeting, the Team Manager (Licencing) advised members that the current mileage of the vehicle was at 32,324 miles. She stated that the vehicle fell outside the Private Hire Vehicle Policy approved by the Licencing Committee. The vehicle was not wheelchair accessible, but there were specific policy guidelines in respect of the first licensing of Private Hire Vehicles which fell outside the policy guidelines outlined in paragraph 4.4 of the report.

 

For members’ information a service history was provided which was issued on the 16 February 2018, with the mileage at that time being 32,087. The vehicle was recently inspected by an enforcement officer on the 20 July 2018 and confirmed the mileage at the time as 44276 The vehicle was presented in good condition with no visible faults or issues.

 

RESOLVED:  The Sub-Committee considered the application to licence Vehicle Registration number GF16 GBO as a Private Hire Vehicle.

 

Members noted that the application falls outside the Licensing Policy at paragraph 2.1 due to the vehicles age.

 

Members further noted that the Policy at paragraph 2.2 allows it to be relaxed in exceptional circumstances, and examples of these were detailed in paragraph 2.4 of the Policy.

 

Having examined the vehicle, the Sub-Committee felt that the vehicle was exceptional in terms of its quality both interior, exterior and it’s safety qualities. The Sub-committee therefore granted the licence.

120.

Application To Licence Private Hire Vehicle pdf icon PDF 90 KB

Minutes:

The Head of Legal and Regulatory Services submitted a report, which asked the Sub Committee to consider an application to grant a license for a Private Hire Vehicle.

 

The application was made by Forge Travel Limited, to licence a Volkswagen Transporter, vehicle registration number GJ16 XJZ as a private hire vehicle to seat 8 persons. The vehicle was preowned and was first registered at the DVLA on 24 March 2016.

 

The meeting was briefly adjourned for Members to inspect the vehicle.

 

Upon recommencing the meeting, the Team Manager (Licencing) advised members that the current mileage of the vehicle was at 32,401 miles. She stated that the vehicle fell outside the Private Hire Vehicle Policy approved by the Licencing Committee. The vehicle was not wheelchair accessible, but there were specific policy guidelines in respect of the first licensing of Private Hire Vehicles which fell outside the policy guidelines outlined in paragraph 4.4 of the report.

 

For members’ information a service history was provided which was issued on the 16 February 2018, with the mileage at that time being 32,087. The vehicle was recently inspected by an enforcement officer on the 20 July 2018 and confirmed the mileage at the time as 44276 The vehicle was presented in good condition with no visible faults or issues.

 

RESOLVED:  The Sub-Committee considered the application to licence Vehicle Registration number GF16 GBO as a Private Hire Vehicle.

 

Members noted that the application falls outside the Licensing Policy at paragraph 2.1 due to the vehicles age.

 

Members further noted that the Policy at paragraph 2.2 allows it to be relaxed in exceptional circumstances, and examples of these were detailed in paragraph 2.4 of the Policy.

 

Having examined the vehicle, the Sub-Committee felt that the vehicle was exceptional in terms of its quality both interior, exterior and its safety qualities. The Sub-committee therefore granted the licence.

121.

Urgent Items

To consider any other item(s) of business in respect of which notice has been given in accordance with Rule 4 of the Council Procedure Rules and which the person presiding at the meeting is of the opinion should by reason of special circumstances be transacted at the meeting as a matter of urgency.

Minutes:

None

122.

Exclusion of the Public

The reports relating to the following items are not for publication as they

contain exempt information as defined in Paragraph 12 of Part 4 and/or Paragraph 21 of Part 5 of Schedule 12A of the Local Government Act 1972 as amended by the Local Government (Access to Information)(Variation)(Wales) Order 2007.

 

If following the application of the public interest test the Committee resolves pursuant to the Act to consider these items in private, the public will be excluded from the meeting during such consideration.

 

 

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 items of business as they contained exempt information as defined in Paragraph 12 of Part 4 and/or 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 the following items in private, with the public excluded from the meeting, as it was considered that in all the circumstances relating to the items, the public interest in maintaining the exemption outweighed the public interest in disclosing the information, because the information would be prejudicial to the applicants so mentioned.     

123.

Approval of Exempt Minutes

To receive for approval the exempt Minutes of the 05/06/2018

Minutes:

RESOLVED: That the exempt Minutes of a meeting of the Licensing Sub-Committee (A) dated 05 June 2018, be approved as a true and accurate record.

124.

Application for Grant Of Licences

Minutes:

David Charnock

21 Heol Llansantffraid Road

Sarn

Bridgend

 

The Team Manager (Licensing) asked the applicant if the details in the report were correct to which he confirmed they were. The applicant was then asked if there were any outstanding convictions or penalties to which he replied no.

 

She stated that the reason for the hearing was that the convictions triggered the policy at 2.9 for dishonesty.

 

She then asked Mr Charnock to give some background on the two offences listed in the report dating 12/05/2015 and 18/12/2015 respectively.

 

The applicant stated that his father had Alzheimer’s so he was home most of the time. He wasn’t working full time but was working as a taxi driver. He was under a lot of stress due to his father’s illness and therefore made false claims for benefits.

 

He said he currently pays back £100 a month and that is the most he can pay as he explained he is struggling to get more work. He was told that he owed £17,000 in total and is not sure how much he has paid back so far.

 

A Member asked if he currently held any positions of trust to which he replied no. He did recently hold a position in RPM, Bridgend and was in charge of the grinding room and there was a lot of money around him. He also explained that he regularly helped an elderly lady do her shopping as she has Alzheimer’s and can sometimes struggle. He also said that Jackson Cabs has accepted him provisionally as a taxi driver.

 

A Member asked how DWP found out what he was claiming was too much. The applicant stated that he made a query for an amount to the DWP and was then found to be overpaid. The applicant said he didn’t believe it should have been £17,000 as he was only aware of £5,000.

 

A Member asked how he challenged this if he believed it to be wrong. The applicant responded saying he already had challenged it but the DWP had not got back to him.

 

The Sub-Committee adjourned to make a decision.

 

RESOLVED: The Sub Committee considered the application and the conviction relating to fraud. The applicant explained that due to his father’s illness he was under a large amount of stress and therefore made false claims for benefits.

 

The Sub-Committee on hearing evidence against the applicant decided that they could not find any reason to depart from the policy and because of the seriousness of the offences determined that he was not a fit and proper person to hold a licence in accordance with the policy and refused the application.

125.

Disciplinary Hearing for existing Taxi Driver

Minutes:

Michael Andrew Langdon

26 Mountain View

Lewistown

Ogmore Vale

Bridgend

 

The Team Manager (Licensing) presented a report detailing the reason for the disciplinary hearing. She stated that Mr Langdon disclosed the information of the conviction on his own accord by telephone. Appendix A of the report related to the other vehicle involved and states their conviction relating to the incident

 

Mr Langdon was asked to give his account of the circumstances that had led to his conviction.

 

He explained that he was parked in a taxi rank near the Wilkinson’s store in Bridgend town centre. A car that he believed to be a blue Vauxhall Zafira, drove past his taxi knocking the wing mirror off.

 

Mr Langdon, after realising the other driver wasn’t going to stop chased him up towards Aldi and around the one way system to the front of the police station. He drove into the bus lane, in front of the other driver and stopped. He stepped out of the car and shouted at the driver. The other driver told him that if he had a problem then he should report it in the police station. Mr Langdon did so and during this, the police looked at CCTV footage of the incident. The police told Mr Langdon that he was caught on CCTV driving recklessly and was therefore charged for it.

 

A Member asked if he was speeding in which he replied no. He was then asked why he did not seek legal advice and pleaded guilty if he believed that he didn’t do anything wrong. He replied saying he didn’t want to risk anything going wrong and thought that pleading guilty would be the safer choice for him to make.

 

The Sub-Committee adjourned to make a decision.

 

RESOLVED: The Sub Committee considered the application and the conviction relating to driving a vehicle without due care and attention. Mr Langdon explained that he only pursued the other driver involved because he did not stop after knocking his wing mirror off.

 

The Sub-Committee noted that Mr Langdon had been a taxi driver since 1998 and had not appeared before the Sub-Committee previously on any disciplinary matters. Taking this in to consideration, the Sub-Committee decided to issue a first written warning, which would be on his record for 18 months.

 

Meeting closed at 11:40am

126.

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 1 September 2008.

Minutes:

None