Venue: Committee Rooms 2/3, Civic Offices Angel Street Bridgend CF31 4WB
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.
Councillor Brian Jones declared a prejudicial interest in item 9 - Disciplinary Hearing for Existing Taxi Driver as he knew the applicant and left the room during consideration of the application.
To receive for approval the Minutes of the 18/12/2018
RESOLVED: That the minutes of the Licensing Sub Committee of the 18th December 2018 be approved as a true and accurate record.
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 Peyton Travel to licence a Renault Trafic, registration number M24 PEY as a private hire vehicle to seat 8 persons.
The vehicle was preowned and was first registered with the DVLA on 24 June 2015. For Members’ information a service history was provided dated 15 September 2016 with the mileage being recorded at 30,997 and 19August 2018 with the mileage recorded at 59,445.
The meeting briefly adjourned to allow Members’ to inspect the vehicle. On reconvening, Members noted that the mileage was recorded as 69,043 and the vehicle appeared to be in excellent condition.
The Sub-Committee considered the application to licence Vehicle Registration number M24 PEY 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.
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.
Exclusion Of The Public
The reports/minutes relating to the following items are not for publication as they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.
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.
Approval of Exempt Minutes
To receive for approval the exempt Minutes of the 18/12/2018
RESOLVED: That the exempt minutes of the Licensing Sub Committee of the 18th December 2018 be approved as a true and accurate record.
Application for Grant of Licences
The applicant was in attendance
The Operational Manager Shared Regulatory Services asked the applicant if he had a copy of the report, the applicant confirmed this. He was then asked if the details were correct to which he also confirmed.
The Operational Manager Shared Regulatory Services asked if he had received any convictions, penalties or ongoing matters since the report to which he replied no.
The Committee was informed by the Operational Manager Shared Regulatory Services of the offenses which were listed in the report and asked the applicant if he could provide his account of each of the offenses, starting with the first one dated 12/08/2015 for failing to stop after an accident.
The applicant explained that while driving he encountered road works which he did not expect to be there. He said that was unable to stop conveniently and wanted to get out of the way of oncoming traffic as he believed he would have been causing an obstruction. He reversed to allow space for the oncoming traffic and while doing so, hit a driver behind him. The applicant stated that he intended to stop to resolve the incident. He explained that he drove on further up the road so he could turn around. Once he arrived back at the incident, the other driver involved had already left the scene.
The Legal Officer asked the applicant how he came about being charged for the incident. The applicant explained that he was contacted by the police shortly after but believed he was unable to provide his side of the story and was subsequently charged.
The Operational Manager Shared Regulatory Services asked the applicant to give his account of the 2nd conviction SP30: Exceeding statutory speed limit on a public road. The applicant said that he was driving in Cefn Cribwr at the time. He explained that he had a lapse in concentration and went slightly over the speed limit. The Legal Officer asked what speed he was doing at that time, the applicant said that he was not going much over the speed limit and estimated the speed to be around 35mph. In his defence he explained that the particular road he was on, the speed limit changes from 40mph to 30mph.
The Operational Manager Shared Regulatory Services asked the applicant to give his account of the 3rd conviction SP30: Exceeding statutory speed limit on a public road. The applicant explained that similar to the previously mentioned conviction, he had a lapse in concentration and went slightly over the speed limit. He was asked by the Legal Officer where this took place and if he why the fine for this offence was less than his previous as they are usually a fixed penalty of £100. The applicant said he was unsure of where the 2nd offense took place. He also said that he was unsure why the fine was only £40 as opposed to the fixed penalty amount of £100.
Members had ... view the full minutes text for item 126.
Disciplinary Hearing for Existing Taxi Driver
Paul Ernest Bovingdon
Ffordd Yr Eglwys
The applicant was not in attendance as he was away from the area due to work commitments.
The Operational Manager Shared Regulatory Services informed the Sub-Committee that the applicant had been made aware of the meeting and sufficient time had been allowed or the applicant to make arrangements to attend.
The Sub-Committee proceeded with the disciplinary hearing in the absence of Mr Bovingdon.
The Operational Manager Shared Regulatory Services gave the Members background to the situation and details surrounding the disciplinary for Mr Bovingdon. He explained that the applicant was due a renewal of his Disclosure and Barring Service check, a number of calls and emails had been made to him requesting him to send in an up to date DBS certificate. The applicant had explained to the Licensing Team earlier in the process that he had sent off for a new copy but did not receive it. The applicant had been requested on two separate occasions on 22nd October and 10th December 2018 but had not yet provided a new copy of his DBS.
The Sub Committee retired to consider the application, upon return it was
RESOLVED: That the Sub-Committee heard from the Operational Manager Shared Regulatory Services that Mr Bovingdon was working away therefore unable to attend the meeting but had been given notice of the hearing and had also been advised that the Sub-Committee could decide to adjourn the hearing or hear the matter in his absence. The Sub-Committee has determined that as Mr Bovingdon was given notice of the hearing and been advised of the consequences if he failed to attend, the Sub-Committee determined that they will proceed to hear the application.
The Sub-Committee has considered the report by the Licensing Officer in relation to the applicant’s failure to produce a DBS certificate when requested to do so by the Licensing Authority.
The Sub-Committee heard evidence from the Licensing Officer that Mr Bovingdon has not provided his DBS certificate despite being requested to do so by letters dated the 22nd October 2018 and again on 10th December 2018. Mr Bovingdon gave the reason for nonproduction was that the original copy had not been received, however, arrangements were made for a further copy to be sent. Unfortunately Mr Bovingdon still failed to provide his DBS certificate.
The Sub-Committee did not have confidence that Mr Bovingdon can corroborate his statement on his application in relation to convictions.
The Sub-Committee found that they were not satisfied that Mr Bovingdon was a fit and proper person as he had not produced a satisfactory DBS and on that basis decided to revoke the licence.